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thorized to do so in accordance with this <br /> article. <br /> Section 25-8-102 ( 4 ) , C.R.S. ( 1989) (emphasis added) . The WQCD is <br /> the agency authorized under the CWQCA to issue and enforce per- <br /> mits authorizing the discharge of pollutants into the state ' s <br /> waters . See § 25-8-202 ( 7 ) , C.R.S. ( 1989 ) . <br /> The legislature ' s intent that the doctrine not apply to bar <br /> the WQCD' s enforcement of its CDPS permits is also implied by the <br /> legislature ' s determination that Colorado should enforce the <br /> federally-delegated NPDES permit. See. § 25-8-202 ( 6 ) , C.R.S. <br /> ( 1989 ) . As described in CDH' s Opening Brief , the State ' s reten- <br /> tion of the delegated NPDES permit program is contingent upon the <br /> State ' s ability to issue and enforce CDPS permits. Opening Brief <br /> at 38-9 . Under current law, only the WQCD has the authority to <br /> do so. If that authority is judicially withdrawn when the dis- <br /> charge subject to the CDPS permit is located at a mine site, the <br /> State ' s retention of the NPDES permit program is jeopardized. <br /> See 40 C.F.R. §123 . 27 (7/l/91) . This effect is contrary to the <br /> legislature ' s intent that it be retained in Colorado. <br /> Finally, as discussed in CDH' s Opening Brief, the legis- <br /> lature already confronted the issue of potential overlap of agen- <br /> cy responsibilities when it enacted S 25-8-202( 7 ) of the CWQCA. <br /> As evidenced by the language of subsection ( 7 ) , the legislature <br /> chose to preserve its exclusive delegation of responsibility over <br /> -22- <br />