WSP06423

• File Number: 8272.900
• Description: Colorado River Basin Salinity Control Program - Indian Tribes
• Basin: Colorado Mainstem
• Water Division: 5
• Date: 3/1/1996
• Title: Southern Ute Indian Tribe - Water Quality Department -- draft Water Quality Standards for the Southern Ute Indian Reservation
• Water Supply Pro - Doc Type: Report/Study

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(4) Design~ted uses should be for the highest water quality _
attainable. Attainability is to be judged by assessing the
factor~ affecting the attainment of aquatic life uses or
other beneficial uses, which may include physical, chemical,
and ecpnomic factors and whether or not the use designation
can be attained in twenty years by reasonable control -.
techniques that are determined during public hearing. At a
minim~, uses are deemed attainable if they can be achieved
by the'imposition of effluent limits required under the
Federa~ Act for point sources and cost-effective and
reason~ble best management practices for nonpoint source
control, in accordance with duly adopted regulations.

(5) Releva~t physical, chemical and biological characteristics
are valid water quality concerns that may be taken into
account in the use designation process.

(F) Chanqinq Use Oe~iqnations

Assigning qr changing a designated use may be accomplished by
Tribal Couqcil decision after they have considered requirements
of pertinent laws and testimony presented at a public hearing
concerning the proposed changes. Any interested person shall have
the right to petition the Tribe to assign or change a stream use
designation. Such petition shall be open to public inspection.
Action on such petition shall be within the discretion of the
Tribal Council. The Tribe may also decide to consider a
designation on its own motion.

Where the use designations of a water body segment does not
include an ~quatic life use or recreation class 1 designation, as
part of the triennial review of the segment the Tribe shall
review any prior use attainability analyses or other basis for
omission of one or more of the above designated uses. If the
justification for the omission is determined not to be consistent
with accepted use attainability procedures as defined in section
III (X), the Tribe or the party advocating the omission shall
perform a supplemental analysis to provide a basis for a Tribal
Council determination whether such uses are attainable. When a
petitioner wishes to remove an aquatic life class 1 or 2 or
recreation class 1 classification, The Tribe shall require the
petitioner to conduct a use attainability analysis to justify the
proposed change.

(1) Adding ~esignations

The Tri~e shall maintain those water quality use designations
which are currently being attained. Where existing
designa~ions specify fewer designated water uses than those
which at,e presently being attained, the Tribe will add the
designa~ed use(s) to reflect the uses actually being
attained.

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