Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-32 - REGULATION NO. 32 - CLASSIFICATIONS AND NUMERIC STANDARDS FOR ARKANSAS RIVER BASIN
Section 5 CCR 1002-32.49 - STATEMENT OF BASIS SPECIFIC STATUTORY AUTHORITY AND PURPOSE NOVEMBER 14, 2011 RULEMAKING; EFFECTIVE DATE JANUARY 1, 2012

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 Town of Kit Carson proposed adoption of standards for selenium and cadmium and resegmentation of Lower Arkansas segment 2a in order to be able to construct and operate new water and wastewater facilities, which are being financed through State Revolving Loan funds. The purpose of constructing the new facilities is to resolve chronic noncompliance issues.

Wildhorse Creek is an ephemeral stream with no diversions in the lower portion to which Kit Carson discharges. No crops, hay meadows, or other forage is irrigated within this portion of lower Wildhorse Creek. Therefore, the current chronic selenium standard of 20ug/L (based on protecting forage crops) is more protective than necessary to support attainment of the designated uses for this stream reach. Likewise, no beans, beets, turnips or lettuce (the crops sensitive to cadmium) are irrigated with water from this reach, so the cadmium standard is also more protective than necessary. Therefore, the Commission has determined that resegmentation and adoption of these selenium and cadmium standards is appropriate under these specific circumstances.

The Commission expects that, consistent with the Division's practice for reviewing site-specific standards during basinwide reviews, the Division will re-evaluate the conditions of Wildhorse Creek once the Kit Carson wastewater facility is operational. If the discharge does change the nature of the aquatic habitat and change the expectation for the aquatic life expected to occur in Wildhorse Creek, it may be necessary to revisit the classifications and standards for this segment.