BOARD02476

• Board Meeting Date: 9/13/2004
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

The western states are seeking reversal of the lower court's decision, which ruled that the New York City must .
obtain an NPDES permit under the Clean Water Act for the transbasin water that the City diverts from
Schoharie Reservoir through Shandaken Tunnel and eventually into Ashokan Reservoir for municipal use.
There may be in excess of 1500 transbasin diversions in Colorado that could be affected by this ruling.
EPA may issue guidance regarding possible approaches to permitting for such diversions.

WQCD's SB276 study and funding issues
Senate Bill 03-276 removed the general fund monies that the WQCD used to receive for the State Clean Water
Act and Safe Drinking Water Act programs and replaced that revenue with increased wastewater permit fees and
new fees upon drinking water providers.
Increased fees established in the SB 276 will sunset on June 30, 2005.
The bill also directed the WQCD to undertake a study of its business practices and future funding options. The
WQCD is required to file a report with the legislature by December I, 2004.
The WQCD has been conducting public outreach meetings, soliciting stakeholders' input. A draft SB 276 report
has been mailed to the stakeholders. Public meetings will continue through October. The WQCD will prepare
the final report before the end of November.

Water quality standards for effluent dependent/dominated water

The Western States Water Council has been working EPA to clarify states' options for adopting water quality
standards for streams where the majority of the flow consist of treated municipal wastewater treatment plant
effluent.
It was clarified that this water quality standards issue applies to standards associated with aquatic life use
classifications, not agricultural or water supply uses.

WOCC's consultation request

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The WQCC has scheduled a rulemaking hearing for consideration of revisions to the basic standards and
methodologies for surface water, Regulation #31, the basic standards for ground water, Regulation #41, and site-
specific water quality classifications and standards for ground water, Regulation #42 in September 2004.
The WQCD has proposed certain modifications to the existing standards and classifications.
Among those who have requested party status for this hearing, the JRW Family Limited Partnership has claimed
that the proposed modifications could "significantly restrict the full use of its water rights and impeding its
development plans or rendering them economically infeasible."
As a result, the WQCC has requested consultation from the SEO and the CWCB pursuant to 25-8-1 04(2)(d),
eR.S. concerning "Potential Material Injury to Water Rights".
The CWCB and SEO staff participated in the prehearing conference of August 10, 2004 for this matter.
The Staffs at the CWCB, SEO and WQCC/D will meet to discuss potential impacts, and also will contact the
JRW attorney to potentially resolve the issue.
The SEO/CWCB will prepare a consultation response before the September Hearing.

Arkansas River quality study with quantity implications
The State of Kansas is proposing a supplemental study to the ongoing Colorado State University study along the
Arkansas River to address the salinity and selenium issues at the stateline. The Study titled, Mitigating
Irrigation Impacts on Water Quality in the Lower Arkansas River lying between John Martin Reservoir and
Garden City, will focus on how irrigation practices influence water quality for Kansas' water stored in Pueblo or
John Martin Reservoirs.
The CWCB and SEO are sponsoring the current CSU study.
Staffs at CWCB, SEO, and WQCD will meet with Colorado's Attorney David Robbins and CSU faculty to
discuss factual issues, water rights implications, and whether CSU could conduct Kansas' study proposal.
A group recommendation was for Colorado to enter into an MOA with Kansas ensuring that the interstate study
results are not argued in court.

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