5 Colo. Code Regs. § 1002-33.17
The provisions of 25-8-202(1)(a),(b) and (2); 25-8-203; 25-8-204; and 25-8-207 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), and 24-1-1 -3(8)(d), C.R.S., the following statement of basis and purpose and fiscal impact.
BASIS AND PURPOSE:
The Division had no water quality or flow data for the Little White Snake Creek, and made no field inspections prior to the establishment of existing classifications. The Aquatic Life Class 1 and Recreation Class 1 designations are based upon incorrect assumptions made by Division personnel.
The purpose for the rulemaking is to correct the designated classifications and standards to reflect actual natural conditions and to preclude the community of Phippsburg from unnecessarily expending funds for dechlorination and ammonia nitrogen removal.
The basis for the rulemaking follows:
Aquatic Life - The existing Class 1 (cold) classification is not now being attained, nor can it be reasonably attained in the near future due to existing natural conditions such as annual low flow of zero, a silt bottom, lack of spawning beds, and lack of benthic organisms.
The Colorado Division of Wildlife has made a site inspection of the stream segment and has concluded that the stream is not a fishery.
It is obvious that this stream segment is more accurately described by the Aquatic Life Class 2 (cold) definition because "the potential variety of life forms is presently limited primarily by flow and stream bed characteristics". The conditions which presently limit aquatic life forms are natural and are believed "uncorrectable" within a twenty year period.
Recreation - This intermittent stream segment is also unsuitable for Class 1 Recreational activities due to its extremely low flows and drainage ditch character. It is obvious that prolonged intimate contact with the body typical of Class 1 Recreational activities is unlikely.
This rationale is supported in the Colorado Water Quality Control Commission Document entitled "Classifications and Numeric Standards Upper Colorado River Basin and North Platte River (Planning Region 12)." Specifically on page 23 where a discussion of the Recreation Class 1 and Class 2 classifications takes place. "The Commission has decided to classify as Recreation Class 2 those stream segments where primary human contact recreation does not exist and cannot be reasonably expected to exist in the future, and where municipal discharges are present which may be unnecessarily affected by the Recreation Class 1 classification."
This segment from the Phippsburg Sewage Treatment Plant to the Yampa River is better suited for Class 2 Recreation uses.
The Northwest Colorado Council of Governments has voted to change the regional 208 plan to reflect the above conditions and to recommend the Class 2 designations for both Recreation and Aquatic Life classifications.
FISCAL IMPACT:
No costs are anticipated since the petition only requests that the present stream standard classification be modified to reflect ambient conditions of the receiving stream. If the petition had been acted upon unfavorably additional unnecessary expenses would have placed upon the community of Phippsburg under requirements of its discharge permit which is based upon Class 1 standards for recreation and aquatic life.
Parties to the hearing:
Routt County
5 CCR 1002-33.17