Laserfiche WebLink
MEMORANDUM OF UNDERSTANDING <br />BETWEEN THE COLORADO WATER QUALITY CONTROL COMMISSION, COLORADO STATE <br />ENGINEER'S OFFICE, AND THE COLORADO WATER CONSERVATION BOARD <br />In 25-8.104, C.R.S., the Colorado Water Quality Control Act states: <br />(1) No provision of this article shall be interpreted so as to supersede, abrogate, or <br />impair rights to divert water and apply water to beneficial uses in accordance with the <br />provisions of section 5 and 6 of article XVi of the. constitution of the state of Colorado, <br />compacts entered into by the state of Colorado, or the provisions of articles 80 to 93 <br />of title 37, C.R.S., or Colorado court determinations with respect to the determination <br />and administration of water rights. Nothing in this article shall. be construed, <br />enforced, or applied so as to cause or result in material injury to water rights. The <br />general assembly recognizes that this article may lead to dischargers choosing <br />consumptive types of treatment techniques in order to meet water quality <br />requirements. Under such circumstances, the discharger must comply with all of the <br />applicable provisions of articles 80 to 93 of title 37, C.R.S., and shall be obliged to <br />remedy any material injury to water rights to the extent required under the provisions <br />of articles 80 to 93 of title 37, C.R.S. The question of whether such material injury to <br />water rights exists and the remedy therefor shall be determined by the water court. <br />This section shall not be interpreted so as to prevent the issuance of a permit pursuant <br />to sections 25-8-501 to 25-8-503 which is necessary to protect public health. Nothing <br />in this article shall be construed to allow the commission or the division to require <br />minimum stream flows or minimum water levels in any lakes or impoundments. <br />(2) The following criteria, in addition to those otherwise prescribed by law, shall apply <br />to any policy, rule-making, adjudicatory, administrative, or executive decision of the <br />water quality control commission or to any judicial decision related thereto: <br />(a) All state waters shall be presumed to be available for beneficial uses under and in <br />accordance with the. constitution and laws of the state; and a water right includes the <br />right to divert as defined in section 37-92-103(7), C.R.S., the waters of the state for <br />application to beneficial use. <br />(b) The commission or division shall not require an instream flow for any purpose. <br />(c) Mixing zones in state waters shall be allowed in accordance with other provisions of <br />this article in calculating the necessary degree of source pollutant control, so long as <br />water rights are not materially injured. <br />(d) The commission and division shall consult with the state engineer and the water <br />conservation board or their designees before making any decision or adopting any rule <br />or policy which has the potential to cause material injury to water rights. <br />This document outlines the procedures and scope of consultation with the Colorado State <br />Engineer's Office (SEO) and Colorado Water Conservation Board (CWCB) regarding a decision, <br />