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<br />" <br /> <br />. <br /> <br />. <br /> <br />. <br /> <br />". <br /> <br />STATE OF COLOAADO <br /> <br />. <br /> <br />Colorado Water Conservation Board <br />Department of Natural Resources <br />1 J 13 Sherman Street <br />Denver, Colorado 80203 <br />Phone: 13031866.3441 <br />FAX: (3031866.4474 <br /> <br />May 7, 1999 <br /> <br />Mr. Paul Frohardt <br />Water Quality Control Commissioner <br />4300 Cherry Creek Drive South <br />Denver, Colorado 80222-1530 <br /> <br />Re: Comments Concerning the Adoption of Revised Aquatic Life Classifications for <br />two segments in the Lower Arkansas River Basin . <br /> <br />Dear Paul: <br /> <br />Thank you for consulting with the Colorado Water Conservation Board (CWCB) and the <br />Division of Water Resources (DWR) regardiIlg the Water Quality Control Commission's <br />(WQCC) rulemaking hearing (May 10, 1999) concerning a proposal to revise the aquatic <br />life classifications for two segments in the Lower Arkansas River Basin. Pursuant to <br />Section 25-8-104, C.R.S., the CWCB and DWR have reviewed this proposal to evaluate <br />the potential for material injury to water rights. <br /> <br />Our comments are based on a review of the prehearing arid rebuttal statements submitted <br />by the parties and information provided during our meeting on May 2, 99 with you, <br />David Holm, Sarah Johnson and Tony Trumbly. Please n~te that the CWCB will not <br />have the opportunity to review and approve these comments before the WQCC's <br />rulemaking hearing, <br /> <br />Comments <br /> <br />A change in the aquatic life classification for the two segments in the Lower Arkansas <br />River Basin would not materially impact the exercise of water rights in the Basin. <br />However, the CWCB and the DWR are aware that one party, the Southeastern Colorado <br />Water Conservancy District, is concerned that changing the classification may impact <br />water management and exchanges of water. . <br /> <br />The CWCB and the DWR are also very aware that the existing water quality statute (25- <br />8-104 C.R-S.) prohibits the Commission from using a classification "supersede, abrogate, <br />or impair rights to divert water and apply water to beneficial uses." Further, the statute <br />states that Colorado's water quality cannot be construed, enforced, or applied so as to <br />cause or result in material injury to water rights. <br /> <br />BilJOwens <br />Governor <br /> <br />CregE.Walcher <br />Executive Diret:!or, DNR <br />PeterH. Evans <br />Director, ewCB <br />