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Last modified
1/25/2010 6:50:02 PM
Creation date
10/5/2006 1:43:44 AM
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Floodplain Documents
County
Statewide
Community
State of Colorado
Basin
Statewide
Title
Water Quality/Quanity Relationships
Date
6/1/1989
Floodplain - Doc Type
Educational/Technical/Reference Information
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<br />:er quality I quantity showdowns are avoided through a comprehen- <br />~ program of controlling point and non point sources of pollutants, <br />luding wasteload allocations that assign pollutant load control re- <br />nsibilities. ! 58 When a conflict between quality and quantity arises <br />he context of a section 401 certification!S9 or 404 permit decision, a <br />mit adjustment for point source dischargers and additional control <br />oonpoint sources should occur rather than a restriction on deple- <br />IS authorized by state water decrees or permits.!60 <br />Dams and diversion structures are properly subject to best man- <br />ment practices that promote maintenance of water quality in the <br />:rvoir body and downstream, while allowing the structure to be <br />It and operated for its intended purpose. Such management prac- <br />:s are among the legitimate "incidental effects" envisioned under <br />tion 101(g). However, the agencies and the courts must guard <br />jnst administrative abuse of the 404 permit process, so that the <br />)Iic's interest in a stable, secure, and clean water supply for benefi- <br />I use is not undermined by one-dimensional second-guessing of the <br />:e's water allocation determination. Nevertheless, the section <br />i(c) EP A veto authority is a legitimate safety valve in the event of <br />lcceptable threats to the enumerated, overriding national environ- <br />ntal concerns.161 <br /> <br />158. See OFfiCE OF WAT.ER REGULATIONS & STANDARDS, U.S. ENVTL. PROTECTION AOENCY. <br />CHNICAl.. GUIDANCE MANUAL FOR PERFORMING WASTE LoAD ALLOCATIONS. STREAMS AND <br />:'RS (1981). <br />159. 33 U.S.C. i 1341(0) (1982). <br />160. Point source discharge permits are subject to renewal every five years and can be modified <br />"e then. in order ~o adjust to changes in the seven-day/lO-year low flow upon which effluent Iimita- <br />are set. See Hobbs & Raley, supra note I, at {I 24.04[2] 0.195. How, and whether. the state shares <br />locates the expense of additional treatment resulting from water right depletions is a matter for the <br />lalive branch to address. There is no constitutional or statutory right to be insulated rrom in. <br />oed water pollution treatment costs. See Mack v. Town or Craig, 68 Colo. 337, 191 P. 101 (1920). <br />161. 33 U.S.c. i 1344(o} (1982). <br />On its race, Riverside Irrigation appeared to raise a conflict between the South Platte River com. <br />COLO. REV. STAT. ~ 37-65-101 (1973), 44 Stat. 195 (1926), and the Endangered Species Act, 16 <br />:. ~~ 1531-1543 (1982). An actual conflict did not exist. The court spotted this and ruled accord. <br />Riverside Irrigation, 758 F.2d at 513-14. Nevertheless, the Tenth Circuit's decision has had a <br />>nnd effect. Local and state concern about possible rederal preemption and a loss or state water <br />lements has led to an effort among Nebraska, Wyoming, and Colorado to work with the federal <br />rnment, water users, and environmental interests to resolve endangered species problems on the <br />e River in concert with water rights, equitable apportionment decrees, and interstate compact <br />lements. A similar process is well underway in the Upper Colorado River Basin, with the states of <br />ming, Utah, and Colorado cooperating in the effort. See Hobbs, Federal Environmental Law and <br />'Water Law: Accommodation or Preemption, NAT. RESOURCES & ENV'T (Am. Bar Ass'n), Winter <br />,at 23. <br />
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