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<br />. <br /> <br />. <br /> <br />and statutes of the state of Colorado, we would support <br />the adoption of language proposed by the Northern Colorado <br />Water Conservancy District and its Municipal Subdistrict. <br />for inclusion in S3.9.5 of the Salinity Standards with the <br />following additional words: <br /> <br />3.9.5 IMPLEMENTATION <br /> <br />The proposed plan of implementation is being <br />considered separately for possible policy approval <br />by the Water Quality Control Commission. The water <br />quality standard for salinity will be implemented <br />through cooperative efforts of the State and Federal <br />governments through the Salinity Control Forum of the <br />Seven Basin States and the Federal Agencies with planning <br />and operative responsibilities under the 1974 Colorado <br />River Salinity Control Act. To the extent technically <br />and economically feasible and legally possible this <br />primary means of implementation will be supplemented <br />by programs under sections 208 and 402 of the Clean <br />Water Act and Colorado law, C.R.S. 1973, 25-8-101,. <br />et. S~q. in association with efforts in this regard <br />made y the other participating States in the Salinity <br />Forum. The water quality standards set hereby shall <br />not supersede or interfere with the operation of Colorado's <br />. water law and/or with the exercise of vested water <br />rights or the development of conditional water rights <br />acquired or used pursuant to that law, nor shall impair <br />the right of Colorado water users to fully develop <br />for beneficial use the full allocation of waters to <br />Colorado in the Colorado River Compact, and shall be <br />implemented in a manner consistent with Colorado's <br />policy of maximizing the beneficial use of the waters <br />of the State. . <br /> <br />The regulation of diversions of waters within the state <br />of Colorado to account for or prevent the concentration <br />of salinity in downstream water is not authorized by the <br />Clean Water Act nor is it permitted by the State Constitution <br />or statutes. Similarly the imposition of minimum stream <br />flows to provide dilution water for downstream salinity <br />loading is neither required by the federal statute nor <br />permitted by the State Constitution or statutes except <br />insofar as minimum stream flows may be appropriated within <br />the water laws of the state as provided by statute. <br /> <br />The proposed plan of implementation also references <br /> <br />the use of 208 programs. <br />the plan should be revised <br />reference to the Northwest <br /> <br />It should be pointed out that <br />either to delete or revise the <br />Colorado Council of Governments <br /> <br />-7- <br /> <br />1445 <br />