Statutes, codes, and regulations
Colorado Administrative Code
Department 1000 - Department of Public Health and EnvironmentDivision 1002 - Water Quality Control Commission (1002 Series)
Rule 5 CCR 1002-33 - REGULATION NO. 33 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR UPPER COLORADO RIVER BASIN AND NORTH PLATTE RIVER (PLANNING REGION 12)
Section 5 CCR 1002-33.37 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE (Rulemaking Hearing 6/13/2005, Effective date of 7/31/2005)

5 Colo. Code Regs. § 1002-33.37

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Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-33.37 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE (Rulemaking Hearing 6/13/2005, Effective date of 7/31/2005)

The provisions of C.R.S. 25-8-202(1)(a), (b) and (2); 25-8-203; 25-8-204; and 25-8-402; 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:

Segments 13d and e of the Yampa River are classified Aquatic Life Warm Water 2. Metals standards apply to these segments, including the following standards that apply to trout: Cd (ac) = TVS (tr) and Ag (ch) = TVS (tr). It is not appropriate to apply trout standards to a warm water stream. These errors were apparently made in the 1999 basin rulemaking hearing when Dry Creek and Sage Creek were removed from Segment 12 (an all tributary segment) and included in new Segment 13d, which was classified as Aquatic Life Warm Water 1. Although the hearing notice for the 1999 proposal did not include the erroneous trout standards the final action did. These errors were duplicated in the 2003 basin rulemaking when the new Segment 13e (Sage Creek and Grassy Creek) was added. Accordingly, the Commission deleted reference to trout in the Segment 13d and e standards and adopted the following: Cd (ac/ch) = TVS and Ag (ac/ch) = TVS.

5 CCR 1002-33.37

37 CR 17, September 10, 2014, effective 12/31/2014
38 CR 03, February 10, 2015, effective 6/30/2015
39 CR 03, February 10, 2016, effective 3/1/2016
39 CR 03, February 10, 2016, effective 6/30/2016
39 CR 11, June 10, 2016, effective 6/30/2016
40 CR 03, February 10, 2017, effective 6/30/2017
40 CR 17, September 10, 2017, effective 9/30/2017
41 CR 03, February 10, 2018, effective 6/30/2018
41 CR 07, April 10, 2018, effective 6/30/2018
42 CR 04, February 25, 2019, effective 6/30/2019
42 CR 17, September 10, 2019, effective 12/31/2019
43 CR 03, February 10, 2020, effective 6/30/2020
44 CR 05, March 10, 2021, effective 6/30/2021
44 CR 17, September 10, 2021, effective 12/31/2021
45 CR 17, September 10, 2022, effective 9/30/2022
46 CR 10, May 25, 2023, effective 6/14/2023