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Mr. Allen C. Sorenson - DMG <br /> Page 2 <br /> March 10, 1998 <br /> complete at this time. This facility will be operated until such time asCMC can demonstrate <br /> to the Division that source control is no longer required. <br /> Item number 3 of your letter dealt with "Reservoir Water Quality" and requested the following <br /> additional information: <br /> a. Evaluate hardness in the East Fork of the Eagle River and calculate whether the water <br /> delivered released from the reservoir meets water quality standards based on mixed <br /> hardness. <br /> b. Use the potentially dissolved method instead of dissolved in analyzing reservoir water. <br /> c. Evaluate whether reservoir releases would result in significant degradation under the <br /> Colorado Water Quality Control Commission's antidegradation regulation. <br /> d. Continue water quality sampling and analysis for five quarters. <br /> CIVIC will address each of these issues below, but firstwe wish to comment on DMG's legal <br /> authority concerning these issues. <br /> It is our understanding that DMG's authority relating to water quality in this matter is based in <br /> CRS § 34-32-116(7) and Rule 3.1.6(1). The latter requires compliance with the <br /> classifications and water quality standards adopted by the Colorado Water Quality Control <br /> Commission. While DMG has the authority to ensure reclamation complies with the <br /> Commission's water quality standards pursuant to § 25-8-202(7)(a), it does not have the <br /> authority to issue discharge permits or to determine when they are needed. That authority <br /> rests with the Water Quality Control Division and is implemented by the Commission's <br /> Discharge Permit Regulations. While DMG has the authority to require that reclamation <br /> complies with the Commission's water quality standards, it cannot require compliance with <br /> the Commission's permit regulations. The Water Quality Control Division is aware of the <br /> status of the Eagle Park Reservoir. They have not notified us of any requirement to obtain a <br /> permit for releases. Finally, we want to note CRS § 25-8-104 of the Water Quality Control <br /> Act ,which states in part: <br /> "No provision of this article shall be interpreted so as to supersede, abrogate or impair water <br /> rights to divert water and apply water to beneficial uses...Nothing in this article shall be <br /> construed, enforced, or applied so as to cause or result in material injury to water rights...." <br /> Releases from the Eagle Park Reservoir will occur through the use of a water right. The <br /> following paragraphs respond to your questions: <br />