5 Colo. Code Regs. § 1002-34.16

Current through Register Vol. 47, No. 11, June 10, 2024
Section 5 CCR 1002-34.16 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE:

The provisions of 25-8-202(1)(a)(b) and (2); and 25-8-204 C.R.S. provide the specific statutory authority for the numeric standards that were adopted.

The Commission also adopted in compliance with 24-4-103(4) C.R.S. the following statements of basis and purpose and fiscal impact.

BASIS AND PURPOSE - SAN JUAN AND DOLORES RIVER BASINS

The basis and purpose for the changes by segment is as follows:

Segment 6, Piedra River -This segment contains the lakes listed for inclusion in the proposed Segment 7. In order to separate these lakes from this segment, the description must be changed.

Segment 7, Piedra River -The lakes listed are all fisheries and a majority of them are used for sport fishing. Their present inclusion in Segment 6 does not represent their actual use, i.e., Class 1 Aquatic Life, or provide standards to protect this use.

The Commission has classified all reservoirs in Segment 7 as Warm Water Class 1 instead of Cold Water Class 1 on the basis that:

1) all reservoirs are already heavily managed, including aeration;
2) trout have been introduced into the reservoirs and do not occur naturally; and
3) at least temperature excursions above that require for cold water classification occur.

The Commission notes that the data base supporting this change in classification to warm water Class 1 is not extensive and further water quality monitoring is encouraged.

Segment 15, Animas River - Studies conducted by the Water Quality Control Division indicate that both Goulding Creek and Nary Draw are intermittent streams more appropriately classified under Segment 15 than under Segment 12a. The change in the description of Segment 15 will accomplish this and provide adequate protection of the uses.

Segment 8, La Plata River, Mancos- River, McElmo Creek, and San Juan River -The change in description to include Dolores County will include those streams which are unclassified under the existing description.

Change in basin description at top of pages 9 and 10 of the Tables -Change is needed to accurately reflect the streams included in this section with the change in description of Segment 8.

5 CCR 1002-34.16

37 CR 17, September 10, 2014, effective 3/1/2015
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
40 CR 03, February 10, 2017, effective 6/30/2017
40 CR 17, September 10, 2017, effective 12/31/2017
42 CR 04, February 25, 2019, effective 6/30/2019
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