PERMFILE107785

• Permit No: C1989074
• IBM Index Class Name: Permit File
• Doc Date: 12/11/2001
• Section_Exhibit Name: EXHIBIT C COPIES OF OTHER PERMITS
• Media Type: D
• Archive: No

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STATE OF COLORADO
COLORADO DEPARTMENT OF HEALTH
X210 East 11th Avenue
Denver, Colorado 80220-]: ifi
Phone [phone]
November 9, 1990
Dear Applicant:
Rov Romer
Governor
Thomas .N. Vernon. '-~
E.ecuuve Direaar
Subsection 25-8-202(7) of the 1989 amendments to the state Water Quality Control Act
(SS 181) restates and clarifies ezisting law, and provides a procedure for coordina-
tion between state agencies vested with responsibility to implement water quality
protection of state waters. Rey among the provisions is the requirement chat the
Water Quality Control Commission (WQCC) and the Water Quality Control Division (WQCD)
recognize the water quality responsibilities of the various implementing agencies,
one of which is the State Engineer. Additionally, subsection 25-8-104(1) of the
Water Quality Control Act states in part, "Nothing is this article shall be
construed, enforced, or applied so as to cause or result in material injury to water
rights. The general assembly recognizes chat this article may lead to dischargers
choosing consumptive types of treatment eechalquea in order to meet water quality
requirements. Dnder such circumstances, the discharger must comply with all of the
applicable provisions of articles 80 to 93 of title 37, C.R.S. sad shall be obliged
to remedy nay material injury to hater rights to the eztent required under the
provisions of articles 80 to 93 of title 37, C.R.S."
She State Engineer's Office (SED) has indicated that nay discharge that does not
return water directly to surface waters Cie. land applicaetoa, rapid infiltration
basin, etc.) has the potential For material injury to a water right. As a result,
the SEO needs Co determine that material injury to a water right will not occur from
such activities. To make this judgement, the SEO requests chat a copy of all
documentation demonstrating that the requirements of Colorado water law have been
met, be submitted Co their office for review. The submittal should be made as soon
as possible co the following address:
Attn: Julie Kraus
Colorado Division
1313 Sherman St.,
Deaver, CO 80203
of Water Resources
Rm 818
Should there be nay questions oa the issue of water rights, Ms. Kraus can be
contacted at 303-866-3581.
It is important to understand that any CDPS permit issued by the WQCD does not
constitute a water right. This means that issuance of the CDPS permit does not
negate the need to also have the necessary eater rights is place. It is also
important to understand chat even if the activity has as ezisting CDPS permit, this
is ao guarantee that the proper water rights are is place.
Should there be nay questions on the CDPS permit, please contact the WQCD at
331-4590.
Sincerely,
Robert J. Shukle, Chief
Permits b Enforcement Section
Water Quality Control Division
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