BOARD02476

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

DEPT OF PUBLIC HEALTH Fax:[phone]

Aug 11 2004 9:20

P. 02

.

i
:

STATE OF CJ

LORADO
.~
~;
....1'70.

I
Bll1 Qw~ns, Govemor
opUgfaS H. BenlfVento, ExecvUve Director
DfOiC2t8d 10 protecting and Improving the ~Ith and e~jronment of thQ people of Colorado
4300 Ch."Y C....k Dr. 5. Lobotaloly Ser.icss Division
D~nv"', Colorado 80246-1530 8100 lowlY BMi.
Phone [phone] Denver, Colorado 80230-6926
The Une (303) 691 -TIOO [phone]
L~ted in Gl;ndale, Colorado
h~:ffMttw.cdPhe.state.co, us
i

Colondn~el1t
of Public Health
and EnvirODmCDt

.

i
i .
August 5,2004
I
,
I
Robert Roberts
RfgiOnal Administrator
Eljlvironmental Protection
IAgency Region 8
9~9 18lll Street
Dfnver, CO 80202

i
Dear Mr. Roberts:
i
Tie Colorado Department of Public Health and Environment and the Colora
A~riculture are deeply concerned that the Environmental Protection Agency P A) Region 8 is taking
Ull?recedented action that could impact how Colorado allocates water qUllnti . The EPA Region 8's
recent decision to attempt to list water bodies in Colorado as a consequence 0 conditions associated
with low flows could have a deep impact on rural, urban, and suburban Colo o. Further, this
PfentiallY establishes a precedent under which Region 8, Dot Colorado, coul control water allocation
in'the State.
I

Je are concerned that Region 8 has evidently decided to list the Dolores Riv below the McPhee
RJservoir as impaired due to an alleged failure to meet the "aquatic life use" f that segment. Pollutants
o~concem were identifie.d by Re~on.8 as "unknown" and the segment was signed a low priority. The
state is concerned that this determmatlOn: (1) reflects an unreasonable and anted "second-
~ssing" of the Water Quality Control Conumssion's analysis of the evidenc presented in the record;
(2~ elevates form over substance, i.e. adds nothing to the on-going efforts to a dress the fishery found
below the McPhee Reservoir; and (3) could potentially impair the exercise of ater rights contrary to
I
state and federal law.
\
!
We would also like to emphasize that Colorado has been experiencing a drou t ofhiSlOric proportions
o$the past several years and that has no doubt played a significant role in 19w flows in this segment of
ri er. The Division of Wildlife and the Bureau of Reclamation have been wo king on this segment for
ye . It is a managed water system influenced by a Dumber of different fact s, not the least of which is
the aforementioned drought. The state's listing criteria clearly state that a dro ght is not a basis for
listing a segment as in non-attainment.