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<br /> <br />171 <br /> <br />~ <br /> <br />. <br /> <br /> <br />6. This Court has subject matter jurisdiction over this action pursuant to Colo. Rev. Stat. ~ <br />25-8-404(1) (2000), which provides for judicial review of any final order or detennination of the <br />Commission or Colorado department of public health and environment division of <br />administration, and ~ Colo. Rev. Stat. ~ 24-4.106 (2000) (judicial review provision of the <br />Colorado Administrative Procedure Act). <br /> <br />7. Venue is proper in Summit County District Court under Colo. Rev. Stat. ~ 25-8-404(2) <br />(2000) because Dundee's snowmaking project, to which the 401 certification at issue applies, is <br />located in Summit County. <br /> <br />LEGAL FRAMEWORK <br /> <br /> <br />8. The federal Clean Water Act requires each state to establish water quality standards for <br />its rivers, lakes and streams. 33 U.S.C. ~ 1313(a). Water quality standards define the state's <br />goals for the quality of each waterbody. 40 C.F.R ~~ 130.0(b), 130.3. In establishing water <br />quality standards for a waterbody, a state assigns a particular "use or uses to be made of the <br />water," such as fish habitat, aquatic recreation, or drinking water supplies, and then sets numeric <br />or narrative criteria that will protect those uses. 40 C.F.R ~ 130.3. Water quality standards are <br />applicable regardless of the cause of degradation in a water body. <br /> <br />. 9. Under Colorado law, the Snake River and the North Fork of the Snake River are <br />classified for several uses, including cold water aquatic life (such as trout fisheries) and <br />recreation (such as swimming and fishing). 5 C.C.R ~ 1002-33, Stream Classification and <br />Water Quality Standards Table, Region 12, Blue River Basin, Stream Segments 6, 8 ("Standards <br />Table"); 5 C.C.R ~~ 1002-31.13(1)(a), 31.13(1)(c)(i). The State of Colorado has concluded that <br />because of acid mine drainage, the Snake River does not currently meet the applicable water <br />quality standards to protect these classified uses. <br /> <br />10. Colorado regulations implementing the Clean Water Act require that: <br /> <br />for all state surface waters existing classified uses and the level of water quality necessary <br />to protect such uses shall be maintained and protected. No furtl1er water quality <br />degradation is allowable which would interfere with or become injurious to these uses. <br /> <br />5 C.C.R ~ 1002-31.8(1)( c). These requirements are part of Colorado's antidegradation rule, <br />which is a component of the state's water quality standards. <br /> <br />. <br /> <br />11. The Colorado legislature has specifically provided that the Colorado water quality <br />statutes may not be interpreted to impair or materially injure water rights. Colo. Rev. Stat. ~ 25- <br />8-104(1) (2000). However, conditions may be placed on the exercise of water rights so long as <br />those conditions do not impair or materially injure the exercise of the water right. <br /> <br />3 <br />