5 Colo. Code Regs. § 1002-38.25
The provisions of 25-8-202(1)(a), (b) and (2); 25-8-203; 25-8-204 ' and 25-8-402 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 24-4-103(8)(d), C.R.S., the following statements of basis and purpose and fiscal impact.
BASIS AND PURPOSE:
The evidence regarding present and prospective beneficial uses of Bowles Lake indicates that current use classifications and standards for Bowles Lake incorporated in Segment 16, South Platte River, South Platte River Basin, are insufficient to maintain and protect current uses and water quality in the Lake. Segment 16 of the South Platte River is classified as Class 2 recreation and Class 2 aquatic life. As established by evidence produced by the Town of Bow Mar:
The Commission believes that these uses and qualities support reclassification of Bowles Lake as a Class 1 warm water aquatic life and recreational lake. Therefore, the Commission has concluded that segment descriptions, stream classifications, and water quality standards for Segment 16 of the South Platte River, South Platte River Basin, should be amended by carving from Segment 16 a separate Segment 17(c) for Bowles Lake. This Segment 17(c) should be classified as a Class 1 recreational and warm water aquatic life water body and should continue to be classified as suitable for agricultural use. To support the higher classifications given Segment 17(c), appropriate numeric water quality standards have been assigned. These standards are based on values from Tables I, II, and III of the Basic Standards and Methodologies, except for aluminum, zinc, and silver, for which the standards are based on existing ambient quality in Bowles Lake. Although aluminum standards have not been routinely applied to other segments, the Commission determined that such a standard is appropriate here due to a potential source of contamination upgradient from the lake. Existing ambient quality was evidenced by water quality samples taken for Bowles Lake by the Town of Bow Mar. These standards reflect and protect the existing uses and water quality of Bowles Lake as well as foreseeable potential uses of the Lake.
Further, the Commission finds that upgrading the water quality classifications and standards for Bowles Lake is economically reasonable.
FISCAL IMPACT STATEMENT:
The Denver Water Board testified that reclassification of Bowles Lake and adoption of proposed water quality standards may have a direct fiscal impact on a proposal by the Denver Water Board to construct sludge drying beds immediately adjacent to and upgradient of Bowles Lake. The Denver Water Board testified that if these sludge ponds are built, and, as a result of these regulatory changes, are required to be lined, the Denver Water Board could incur an additional construction cost of approximately $800,000. The Denver Water Board also stated that these regulatory changes may have additional fiscal impact on proposed plans to construct sludge ponds by increasing environmental permitting costs.
The Commission finds that the Denver Water Board=s claim of fiscal impact as a result of these regulatory changes in somewhat speculative at this time. The Water Board testified that its project may not impact Bowles Lake, and lining therefore may not be required. The Commission finds that even if such costs are incurred, upgrading of water quality classifications and standards for Bowles Lake is necessary to protect the waters of the state and justifies any indirect or direct fiscal impact resulting from this water quality reclassification.
Incorporation of numeric water quality standards for Bowles Lake into future discharge permits under the Colorado Water Quality Control Act may have a negative fiscal impact on applicants for such a discharge permit. Local residents will benefit from protection of a valuable area resource. The reclassification may also provide benefits for the State of Colorado and its citizens by protecting a valuable fishery.
Parties to Rulemaking Hearing:
Town of Bow Mar
5 CCR 1002-38.25