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<br /> <br />. <br /> <br /> <br />. <br /> <br />. <br /> <br />173 <br /> <br />Administrative Procedure Act. Colo. Rev. Stat. ~ 24-4-~05 (2000). Colo. Rev. Stat. ~ 25-8- <br />302(1 )(f) (2000). The Commission shall review Division detenninations under its <br />antidegradation regulation de novo. 5 C.C.R. ~ 1002-31 (8). <br /> <br />FACTS <br /> <br />16. Arapahoe Basin Ski Area ("A Basin") operates on about 825 acres of the White River <br />National Forest near Dillon, Colorado. Dundee Realty, the owner of A Basin, has proposed to <br />install and operate a snowmaking system (the "snowmaking project"), which would withdraw <br />water from a stream adjacent to A Basin, the North Fork of the Snake.River (the "North Fork"). <br />The North Fork flows into the main stem of the Snake River (the "Snake'). The purpose of the <br />snowmaking project is to allow A Basin to extend its skiing season. As conditioned by the U.S. <br />Forest Service ("Forest Service"), the snowmaking project may withdraw water for snowmaking <br />from September through December of every year. <br /> <br />17. The Snake is heavily contaminated by acid mine drainage from past mining activities in <br />the area. Acid mine drainage is a fonn of pollution that occurs when rainwater runoff leaches <br />toxic heavy metals from old mine sites and tailings piles. Acid mine drainage enters the Snake <br />upstream of its confluence with the North Fork, and has contaminated the Snake with a variety of <br />metals, including manganese, zinc, lead, copper and cadmium. As a result, the Snake violates <br />applicable state water quality standards for these metals. <br /> <br />18. When the North Fork merges with the Snake, the North Fork's relatively clean water <br />dilutes the acid mine drainage in the Snake. As a result, the North Fork's flow reduces the <br />concentration of toxic metals in the Snake downstream from their confluence. While much of <br />the Snake is too polluted to support aquatic life, some trout and other aquatic life are able to <br />survive in the Snake below its confluence with the North Fork. <br /> <br />19. The Snake's pollution problem has received a significant amount of attention and study <br />from federal, state and local governments. In addition, a group of citizens, businesses and <br />government agencies, including U.S. Environmental Protection Agency (the "U.S. EPA"), the <br />Forest Service and the Northwest Colorado Council of Governments, has fonned a task force to <br />help clean up the Snake. <br /> <br />20. The U.S. EPA has stated that the snowmaking project will cause "a significant, <br />measurable degradation of water quality in the Snake River that will frustrate and impair both <br />private and taxpayer-funded efforts to reduce metals concentrations and restore the fishery on the <br />Snake River." <br /> <br />21. The snowmaking project will also significantly degrade fisheries habitat in the North <br />Fork. The North Fork currently supports a healthy brook trout fishery. Fall and winter are <br /> <br />5 <br />