5 Colo. Code Regs. § 1002-39.8
A review of section 3.9.5 in 1982 demonstrated a need for amendment of section 3.9.5 consistent with the most recent triennial review of the Plan of Implementation for Salinity Control for the Colorado River System. Testimony was received by the Commission supporting the multi-state basinwide approach to Salinity Control, and the Commission felt this testimony and other evidence in the record justified the Commission's action. Accordingly, section 3.9.5 was revised to reflect the Commission's most recent adoption of the triennial report by the Colorado River Basin Salinity Control Forum and supplemental report thereto as a policy statement on future triennial reviews without having to revise section 3.9.5 each time.
FISCAL IMPACT STATEMENT
REVISION OF SECTION 3.9.5 OF
COLORADO RIVER SALINITY STANDARDS
The Fiscal Impacts of this regulation, if any, are not identifiable at this time. There was no testimony that yielded indication of specific or quantitative impacts to identified entities. Concern was expressed by several parties that water rights could be potentially impacted, but it was noted that Senate Bill 10 provides that no provision of the Act shall be interpreted so as to supercede, abrogate, or impair rights to divert water and apply water to beneficial uses in accordance with the provisions of sections 5 and 6 of article XVI of the constitution of the State of Colorado, compacts entered into by the State of Colorado, or the provisions of articles 80 to 93 of title 37, C.R.S. 1973, or Colorado court determinations with respect to the determination and administration of water rights.
As this action is an endorsement of potential future implementation by other entities including the Commission, of components of the Colorado River Basin Salinity Control Forum Plan of Implementation, it is not an action that will have a direct Fiscal Impact. Rather, any impacts that ultimately result will be attributable to the actions of the implementing authorities. These impacts would include the cost of installation and operation of voluntary on-farm improvement measures, the public cost of federal salinity control projects, and potential costs to the private sector if industries volunteer to install and operate equipment for the use of brackish and/or saline waters for industrial purposes.
Thus, with no evidence indicating adverse impacts and in light of the benefits to be preserved and gained throughout the basin, it is concluded that the Commission acted in an economically reasonable and responsible manner in implementing this revision.
5 CCR 1002-39.8