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<br />. "Otd'J'2 ~~ ? <br /> <br />of the NPDES system. A less stringent nonpoint control program (CWA, Section 319) was <br />established based on land management practices, in lieu of discharge permits and waste <br />treatment technologies. Agriculture is a significant, but not the only contributor to nonpoint <br />pollution. Others include mining, urban storm runoff, construction, and logging. There is <br />some pressure to amend the CWA to provide additional regulatory control over agricultural <br />return flows. <br /> <br />The nonpoint source program in Colorado is explained in two documents prepared by <br />CDOR: "Colorado Nonpoint Assessment Report", November, 1989; and "Nonpoint Source <br />Management Program", October, 1990. The Assessment Report identified specific stream <br />segments impacted by nonpoint pollution from agricultural activities. Throughout the State <br />over 500 stream miles were considered severely impacted, and over 2,000 miles experienced <br />some impact. The main pollutants were sediment, salinity, and nutrients (nitrates and <br />phosphorous), with some small critical segments effected by toxies (selenium, herbicides, and <br />pesticides). It is important to note that irrigated agriculture alone is not responsible for this <br />entire impact, since the agricultural category also included dryland crop production, grazing, <br />and feed lot operations. <br /> <br />To control agricultural pollution the Management Program proposes a multi-agency <br />approach with a combination of demonstration projects and educational programs. <br />Demonstration projects wiU be targeted at priority watersheds having the worst pollution to <br />illustrate effective control strategies. These strategies involve use of Best Management <br />Practices (BMP's) defined as: "the most effective, practicable means of preventing or <br />reducing the amount of pollution generated by nonpoint sources to a level compatible with <br />water/stream quality goals". Program, pg. 42. BMP's for irrigated areas may be structural <br />such as: canal repair and lining, land leveling, sprinkler instal!ation, and tailwater recovery; <br />or non-structural such as: better scheduling of irrigation water, fertilizer budgets, and <br />improved cropping and tillage methods. <br /> <br />Obviously, the nonpoint source control efforts are very similar to the federal salinity <br />program since both seek to keep pollutants from agricultural lands out of the surface and <br />groundwater systems. Like the salinity program, the improvements being undertaken are <br />designed to reduce return flows and can yield saved and/or salvaged water. The nonpoint <br />'program already has BMP demonstration projects underway in the San Luis and Arkansas <br />basins. Funds and technical assistance have been provided by EPA and USDA. In <br />addition certain water user entities such as the Central and the Northern Colorado Water <br />Conservancy Districts have begun their own studies to identify nonpoint problems and <br />potential solutions within their service areas. There has been no suggestion that existing <br />water'law or the lack of an express right to claim any salvaged water produced through <br />installation of BMP's has hindered the nonpoint program. <br /> <br />The regulation and protection of wetlands by the federal government arises out of <br />Section 404 of the CW A. While wetlands protection does not generally result in saved or <br />salvaged water, certain mitigation measures conceivabl'l could require conversj~~~< <br /> <br />12 <br />