5 Colo. Code Regs. § 1002-33.12
The proposed phosphorus (P) standard for Dillon Reservoir, Segment 3 of the Blue River in Summit County was 0.010 mg/l in the top five meters, as an annual average. Based on the record, the Commission found that the summer beneficial uses were those that should be protected by the phosphorus standard. Therefore, the adopted standard of 0.0074 mg/l total phosphorus as P measured in the top 15 meters of water is for the months July through October. The standard as proposed in the notice of rulemaking and that which was adopted are based on the same set of phosphorus sampling, but the adopted standard is based only on the July to October data.
In adopting the alternate proposal of 0.0074 mg/l P, the Commission reduced the four inorganic numeric special standards for phosphorus assigned only for the Dillon Reservoir portion of Segment 3 of the Blue River. The Commission took this action to maintain the chlorophyll a in the Dillon Reservoir at a level which will protect presently classified beneficial uses.
The Commission found there were no significant differences in the phosphorus levels among the areas encompassed by the Reservoir. Maintaining the 0.0074 mg/l of phosphorus should limit chlorophyll a to the 1982 level.
The Commission found that the assignment of a single phosphorus standard to the Dillon Reservoir was economically reasonable.
FISCAL IMPACT STATEMENT
Regulations for Control of Water Quality in Dillon Reservoir
The fiscal impacts of these control regulations are an extension of the fiscal impacts associated with the phosphorus standards set by the Commission for the Dillon Reservoir. As the phosphorus standards drive the control regulations, the essential economic analysis is more properly attributed to the standards regulation. The Fiscal Impact Statement for the phosphorus standard regulations is attached and linked to this Statement by reference. The Commission is aware of and takes active notice of these impacts in passing these control regulations. Thus, the benefits associated with this regulation are the benefits that surround the phosphorus limits set by the Commission. Likewise, the majority of the costs are linked to the standard.
A unique fiscal impact that is solely a result of these regulations is that which falls on Summit County local government to manage and enforce the phosphorus limits in regard to point/non-point source trade-offs. There was no specific testimony or evidence that put firm figures into the record for the Commission's consideration regarding these costs but the Commission recognizes several important ideas in passing these regulations. As the regional 208 authority is at the planning and management region level, the Northwest Colorado Council of Governments (NWCCOG), the Commission is aware that much of the administrative costs will fall upon this entity. Because the NWCCOG recommended and supported the adopted standards in full awareness of the likely impacts, the Commission concludes that the associated costs are deemed to be reasonable by the NWCCOG. Secondly, the NWCCOG testified that they did not expect these costs to be out of line with the expected benefits of the regulations. Therefore, even in the absence of final estimates of the costs to local government, the Commission must conclude that the costs are reasonable because those that would bear the costs are in support of the regulations that would impose them.
The Commission actively sought and evaluated economic reasonableness testimony regarding the phosphorus standard and found the final adopted standard to be reasonable on economic grounds. Because these control regulations are inextricably linked to the phosphorus standards and because the unique costs that these regulations impose upon local governments are considered reasonable by those that would bear them, the Commission concludes that it has acted in an economically reasonable and responsible manner in passing these regulations.
5 CCR 1002-33.12