5 Colo. Code Regs. § 1002-38.87
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
The Commission adopted on a permanent basis the revisions to Regulation # 38, Classifications and Numeric Standards for South Platte River Basin, Laramie River Basin Republican River Basin, Smoky Hill River Basin, which had been adopted on an emergency basis on May 13, 2013.
In that rulemaking, the United States Fish and Wildlife Service, Rocky Mountain Arsenal National Wildlife Refuge ("Refuge") proposed to split Upper South Platte segment 22, and create a new segment, Upper South Platte River segment 22b, that encompasses the lakes and reservoirs on the Refuge property. These lakes are known as Lake Mary, Lake Ladora, Upper Derby Lake, and Lower Derby Lake. The new segment will retain the Aquatic Life Warm 2, Recreation E, and Agriculture uses and standards, but the Water Supply use classification will be removed.
In this proceeding, the Commission removed the DO spawning and aluminum standards that were added during the previous action and replaced the chronic arsenic standard of 150 ug/L with 100 ug/L, consistent with the agriculture use.
The Refuge provided evidence to the Commission that there is no water supply use from the lakes and that a water supply use is precluded by the 1989 Federal Facilities Agreement for the Arsenal. In addition, consumption of fish from these lakes is precluded by this same Agreement and by 50 C.F.R. § 32.25.
PARTIES TO THE RULEMAKING HEARING
5 CCR 1002-38.87