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<br />170 <br /> <br />4 <br /> <br />snowmaking project at the Arapahoe Basin Ski Area in Summit County, Colorado would comply <br />with all applicable water quality standards of the State of Colorado, despite the fact that the <br />project will exacerbate existing water quality violations in the mainstem of the Snake, and will <br />result in a significant degradation of aquatic habitat m: the North Fork of the Snake. Colorado <br />Wild, Incorporated and Trout Unlimited appealed this' decision to the Colorado Water Quality <br />Control Commission, but the Commission dismissed the appeal prior to hearing, finding that it <br />had no jurisdiction because the water quality impacts resulted from a withdrawal of water. <br />Colorado Wild, Incorporated and Trout Unlimited all~ge that both the Water Quality Control <br />Division's decision and the Water Quality Control Commission's decision were based on <br />erroneous facts and legal positions. <br /> <br />P ARTIE$ <br /> <br />I <br />1. Plaintiff Colorado Wild, Incorporated ("Colo~ado Wild") is a non-profit organization <br />dedicated to protecting, restoring and maintaining th~ ecological integrity of Colorado's national <br />forests. This goal includes limiting development of national forests to areas and to an intensity <br />where fish habitat, water quality, and other natural re~ources are not damaged. Colorado Wild <br />members hike and ski in the Snake River area near Arapahoe Basin. By degrading water quality <br />and fish habitat, the proposed snowmaking project would injure Colorado Wild members who <br />use this area. <br /> <br />~ <br /> <br />2. Plaintiff Trout Unlimited ("TU"), a Michigart corporation, is a non-profit organization <br />dedicated to the conservation, protection and restoration of North America's trout and salmon <br />fisheries and their watersheds. TU has over 125,000:members nationally, of whom 8,000 are in <br />Colorado. TU members fish along the North Fork of the Snake River, and even in the lower <br />reaches of the Snake River, as well as throughout th~ area. By degrading water quality and fish <br />habitat, the proposed snowmaking project would injUre TU members who use this area. <br />I <br /> <br />3. Defendant Colorado Water Quality Control ~ivision ("Division") is the agency within <br />the Colorado Department of Public Health and the Bhvironment that is charged with the issuance <br />of Clean Water Act Section 401 water quality certifieations under the Colorado Water Quality <br />Control Act. <br /> <br />4, Defendant Colorado Water Quality Control ctommission ("Commission") is the <br />administrative body that hears appeal~ of decisions *y the Division under the Colorado Water <br />Quality Control Act. i <br />, <br /> <br />5, Defendant Dundee Realty USA, Inc. ("Dundee") is the owner of Arapahoe Basin ski area, <br />and is made a defendant only by virtue of the fact that it was an interested party to the appeal to <br />the Water Quality Control Commission. <br /> <br />JURISDICTION 1ND VENUE <br />2 . <br />.1 <br />