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A7COLORADO <br />Colmado'Water <br />Consemation Board <br />Deymrtyno it ,)f Pbtura� Resawrces <br />November 17, 2017 <br />Trisha Oeth <br />Administrator <br />Colorado Water Quality Control Commission <br />4300 Cherry Creek Drive South <br />Denver, CO 80246-1530 <br />COLORADO <br />I)ivision of WaterResiources <br />Department of Natural Resources <br />Re: Consultation on proposal by Climax Molybdenum Company ("Climax") to adopt <br />revised standards for molybdenum <br />Dear Ms. Oeth, <br />Introduction <br />This letter is in response to your October 12, 2017 letter to Rebecca Mitchell and Kevin, <br />Rein informing us of the Water Quality Control Commission's ("WQCC") request for a <br />consultation, pursuant to section 25-8-104(2)(d), C.R.S. on a rulemaking that the WQCC <br />will take action on. The question that is subject of the consultation is "whether or not the <br />proposal by Climax Molybdenum Company ("Climax") to adopt revised standards for <br />molybdenum would cause material injury to water rights, such that adopting the proposal <br />may or would result in a diminution of the available water supply that a water rights <br />holder would otherwise enjoy at the time and place and in the amount of demand for <br />beneficial use when operating in accordance with the holder's vested water right." <br />We have worked with our staff to prepare a response. As part of our process, we <br />downloaded and reviewed the relevant documents from the WQCC ftp site, including pre_ <br />hearing statements and responsive prehearing statements prepared by Climax and parties <br />to the hearing. We also reviewed the Memorandum of Understanding ("MOU") between the <br />W,QCC, State Engineer's Office ("SEO") and Colorado Water Conservation Board ("CWCB") <br />(enclosed). The MOU describes the limits of an evaluation conducted by the SEO and <br />CWCB when a consultation is requested. <br />The specific comments resulting in the consultation request are from the 'Town of Frisco <br />("Frisco"). In the Consolidated Responsive Prehearing Statement of the Water Quality <br />Stakeholders, Frisco states the following: <br />The Town of Frisco's municipal water supply is surface water diverted from North Tenmile <br />Creek, and ground water tributary to the mainstem of Tenmile Creek. Because water <br />rights are decreed for specific purposes, the volume of water available for diversion <br />under a specific water right may depend in part on whether that water is of sufficient <br />quality for the decreed use(s) ... Any degradation of water quality in Segment 14 that <br />reduces the volume of water available for the municipal uses for which the Town's water <br />rights are decreed, including usewithin the Town's potable water supply, thus may cause <br />material injury to the Town's water rights. Such a reduction could occur if, for instance, <br />1313 Sherman Street, Denver, CO 80203 DWR: 303.866.3581 CWCB: 303.866.3441 <br />