BOARD02476

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

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Aug 11 2004

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August 6, 2004

Mr. Robbie Roberts
Administrator.
Region VIII Environmental Protection Agency

999-1Bth Street, suite 300
Denver, CO B0202-2466

. I Dear Administrator Roberts:
!

.

It has come to my attention that your office h s decided
add six additional river stretches to the Colorado ist of
impaired waters. I am disappointed that the Enviro mental
Protection Agency (EPA) chose to impose its will onlthe state
colorado in this manner rather than work in conjunction with
state officials. Your decision has, once again, c eated the
kind of animosity between state and federal officia s that is
unfounded and unnecessa~.

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of

Based on the evidence of record, the Colorado ater Quality
Control commission is well founded in choosing not 0 list these
river stretches. In fact, the Commission has alrea y acted to
. adjust the standards on two of the segments, therebJ negating any
listing determination, while moving to have additio al data .
collected in all but one of the remaining segments- the very. next
step that the EPA has proposed. Further, the EPA h s failed to
recognize that Colorado is experiencing one of its at severe
droughts in history, a condition that bas caused co comitant
impacts on river flows and temperature. Under such
I circumstance s, the forced-listing by BPA amounts, i
I instances , to a misguided attempt to regulate water for
'water qual~ty purposes, something that r find campI
inappropriate.

The BPA does not have jurisdiction to regulate
quantity. Water quantity is a matter of state law an
. issue that should be dealt with on the state level. In addition,
Clean Water Act authority is delegated to the states, with the
EPA playing an oversight role. The EPA should only 'ntercede
hen there is a clear violation on the part of the sate.
~ything elae will erode the rights granted by Cong sa to the
Istates to carry out the program. .

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