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Colorado ater co iion of ater esources <br /> Conservation hoard <br /> Department of Natural Resources <br /> Department of Natural Resources <br /> August 4, 2016 <br /> Trisha Oeth <br /> Administrator <br /> Colorado Water Quality Control Commission <br /> 4300 Cherry Creek Drive South <br /> Denver, CO 80246-1530 <br /> Re: Consultation on proposal by the Cherokee Metropolitan District ("Cherokee") to <br /> adopt a site specific groundwater standard for total dissolved solids for the Upper <br /> Black Squirrel Creek Alluvial Aquifer, El Paso County <br /> Dear Ms. Oeth, <br /> Introduction <br /> This letter is in response to your June 9, 2016 letter to James Eklund and Dick Wolfe <br /> 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 the Cherokee Metropolitan District to adopt a site specific groundwater <br /> standard for total dissolved solids for the Upper Black Squirrel Creek Alluvial Aquifer, El <br /> Paso County would cause material injury to water rights." We have worked with our staff <br /> to prepare a response. As part of our process, we have downloaded and reviewed the <br /> relevant documents from the WQCC ftp site, including non-party comments, Cherokee's <br /> pre-hearing statements, responsive pre-hearing statements, rebuttal statements, and sur- <br /> rebuttal statements. <br /> Scope of Consultation is Limited to Material Injury <br /> We have directed our efforts toward meeting the expectation you identified in your June <br /> 9, 2016 letter, that is, pursuant to the Colorado Water Quality Control Act, the Colorado <br /> Water Quality Control Commission "shall consult with the state engineer and the water <br /> conservation board or their designees before making any decision or adopting any rule or <br /> policy which has the potential to cause material injury to water rights." Section 25-8- <br /> 104(2)(d), C.R.S. In particular, we have focused our analysis on whether the proposal by <br /> Cherokee will "cause material injury to water rights." We will also remind you that, while <br /> Dick Wolfe signed a resolution opposing the proposal in his role as the Executive Director of <br /> the Colorado Ground Water Commission, his signature on that document represented the <br /> direction of the Colorado Ground Water Commission and his role in signing that document <br /> is distinguished from his role as State Engineer and Director of the Division of Water <br /> Resources, the role in which he responds to your request. <br /> iffT7 ass <br /> 1313 Sherman Street, Deaver, CO€30203 DWR: 303.866.3581 CWCB: 303 866 2141 https:ttcdnr.ust#!start :c 27 t 1o1 <br />