5 Colo. Code Regs. § 1002-32.47
Pursuant to sections 25-8-208 and 24-4-103(6), C.R.S., the Commission adopted revisions to Regulation No. 32, Classifications and Numeric Standards for Arkansas River Basin, on June 13, 2011.
The Town of Kit Carson proposed resegmentation of a portion of Wildhorse Creek in Lower Arkansas segment 2a and emergency adoption of revised standards for selenium and cadmium in order to be able to construct and operate new water and wastewater facilities, which are being financed through State Revolving Loan funds. The purpose of constructing the new facilities is to resolve chronic noncompliance issues.
Wildhorse Creek is an ephemeral stream with no diversions in the lower portion to which Kit Carson discharges. No crops, hay meadows, or other forage is irrigated within this portion of lower Wildhorse Creek. Therefore, the current chronic selenium standard of 20ug/L (based on protecting forage crops) is more protective than necessary to support attainment of the designated uses for this stream reach. Likewise, no beans, beets, turnips or lettuce (the crops sensitive to cadmium) are irrigated with water from this reach, so the cadmium standard is also more protective than necessary. Therefore, the Commission has determined that resegmentation and emergency adoption of these selenium and cadmium standards is appropriate under these specific circumstances.
The Commission is aware that if it does not take emergency action to adopt these immediate revisions to Regulation No. 32 Kit Carson's funding commitments and approvals that were previously secured for planning, construction, and permitting of the new water and wastewater facilities may be rescinded, resulting in an unnecessary adverse impact on the public. The Commission finds that these amount to exigent circumstances which warrant emergency adoption of these revisions to the relevant water quality standards pursuant to section 25-8-208. The Commission further finds that these emergency revisions are imperatively necessary to preserve public health and welfare and that compliance with the procedural requirements of section 24-4-103, C.R.S., resulting in further delay, would be contrary to the public interest.
The regulation is to be effective June 30, 2011, and continue in effect until the effective date of permanent regulations, or for one year, whichever comes first.
5 CCR 1002-32.47