BOARD02617

• Board Meeting Date: 3/24/2003
• Description: CWCB Director's Report
• Board Meetings - Doc Type: Memo

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Miccosukee lawsuit

. A decision that came out of the 11 th Circuit Court o(Appeals regarding a lawsuit filed by the .
Miccosukee Tribe in Florida and a similar ruling in tpe 2nd Circuit Court of Appeals concerning a
New York City transbasin diversion may have implications on Western States transmountain
diversions.
. The Miccosukee Tribe and the Friends of the Everglades brought a citizen suit under the Clean
Water Act against the South Florida Water Managerp.ent District, alleging that the Water District
was violating the Clean Water Act by discharging pollutants from one of its pump stations into a
basin known as Water Conservation Area-3A (which was historically part of the Everglades)
without a national pollution discharge elimination system (NPDES) permit.
. The district court granted the plaintiffs' request, and'enjoined the Water District from operating its
pump station without an NPDES permit. The Water District appealed from the district court's order
declaring unlawful the Water District's operation of its pump station without an NPDES permit.
. The 11th Circuit Court of Appeals upheld the lower court's decision.
. The 2nd Circuit Court of Appeals in a case involving New York City issued a similar ruling.
. New York City is using a tunnel for its transbasin diversion. The tunnel was ruled as a discharge
point, thus requiring an NPDES permit.
. New York City is considering appealing the ruling and simultaneously is negotiating a settlement.
. The use oftunnels and other structures to divert water from one basin to another is common in
Colorado. The 2nd Circuit Court's decision may complicate transmountain diversions in Colorado
and other western states.

WO- WO related legislation

. All items on the CWCB's Project bill, except for th(j Colorado River Return Project (CRRP), have .
been approved.
. The CRRP bill has been reintroduced, this time in the Senate.
. House Bill 1146 relates to consideration of potential water quality impacts in change cases. We
understand that a Colorado Water Congress amendment regarding giving deference to water
quality standards was adopted.
. As a result of a $2 million General Fund budget cut; a bill may soon be introduced, proposing to
increase wastewater discharge permit fees, as well ~s initiating a new fee for public water systems
in order to sanction continued operations of certain YVQCD programs that were delegated by the
EPA.

WOCC's briefing of House-Senate Joint Ag Committee

. The WQCC will present its annual briefing before the House-Senate Joint Ag Committee on March
12,2003 at 7:30 am. The briefing will include three main points:
. Update on the status of the Colorado Nonpoint Sou~ce Program
. Update on the Section 309 Study ;
. Update on the on-going negotiations with the EP A 90ncerning Colorado's Section 303 (d) list of
impaired water bodies for 2002.

Colorado Watershed Protection Fund

. Final Program Guidance was adopted by both the WQCC and CWCB at their respective meetings .
in January 2003.

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