PERMFILE48500

• Permit No: M2001001
• IBM Index Class Name: Permit File
• Doc Date: 3/21/2001
• Doc Name: STATEMENT OF ISSUES
• Media Type: D
• Archive: No

1
(b) Downgrading
At a minimum, the state shall maintain those water use classifications currently
designated, unless it can be demonstrated that the existing classification is not
presently being attained and cannot be attained within a twenty (20) year time
period. Nonattainability must be due to at least one or more of the following
conditions:
(i) Naturally occurring pollutant concentrations prevent the attainment of the use
' within a twenty (20) year period; or
(ii) Natural, ephemeral, intermittent or low flow conditions or water levels prevent
the attainment of the use, unless these conditions may be compensated for
by the discharge of sufficient volume of effluent discharges without violating
state water conservation requirements to enable uses to be met; or
(iii) Human caused conditions or sources of pollution prevent the attainment of
the use and cannot be remedied within a twenty (20) year period or would
' cause more environmental damage to correct than to leave in place; or
(iv) Dams, diversions or other types of hydrologic modifications preclude the
' attainment of the use, and it is not feasible to restore the water body to its
original condition or to operate such modification in a way that would result in
the attainment or the use; or
' (v) Physical conditions related to the natural features of the water body, such as
the tack of a proper substrate, cover, flow, depth, pools, riffles, and the like,
unrelated to water quality, preclude attainment of aquatic life protection uses;
' or
(vi) Controls more stringent than those required by section 301(b) and 306 of the
' federal Act would result in substantial and widespread economic and social
impact; or
' (vii) Agricultural practices which are considered satisfactory for the locality. It
must be demonstrated that these agricultural practices preclude the present
classifications. Satisfactory practices will be approved by the Commission
' based on evidence from areawide 208 agencies, soil conservation districts,
agricultural extension services and other public input.
An additional reason for revising classifications will be where previous classifications had no
' basis in fact and did not reflect actual beneficial uses. Such corrections to classifications shall
not be considered downgrading. See e.g., section 31.6(3)(b) regarding hearings pursuant to
section 25-8-207, C.R.S.
LJ