The provisions of 25-8-202, 25-8-401 and 25-8-402 C.R.S. provide the specific statutory authority for adoption of these regulatory amendments. The Commission also adopted, in compliance with 24-4-103(4), C.R.S., the following statement of basis and purpose:
Basis and Purpose:
In October, 2000, the Office of Legislative Legal Services identified a deficiency in section 31.6 of the Basic Standards and Methodologies for Surface Water, Regulation #31, which addresses "Section 25-8-207 Reviews". The language in section 31.6 at that time did not fully track the provisions of section 25-8-207 of the Colorado Water Quality Control Act. The Commission corrected this deficiency in an emergency rulemaking hearing on November 7, 2000, by adding language including "water quality designations" among the matters subject to review under section 25-8-207, C.R.S. At the same time, the Commission adopted on an emergency basis corresponding revisions to the corresponding provisions of the Procedural Rules, Regulation #21, regarding section 25-8-207 hearings. The action taken in this rulemaking adopts these same revisions to both sets of regulations on a permanent, non-emergency basis.
5 CCR 1002-21.31