Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-38 - REGULATION NO. 38 - CLASSIFICATIONS AND NUMERIC STANDARDS SOUTH PLATTE RIVER BASIN LARAMIE RIVER BASIN REPUBLICAN RIVER BASIN SMOKY HILL RIVER BASIN
Section 5 CCR 1002-38.29 - STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY, AND PURPOSE; OCTOBER, 1988 HEARING - BRUSH CREEK AND FILTER GULCH

Current through Register Vol. 47, No. 17, September 10, 2024

The provisions of 25-8-202(1) (a), (b) and (2); 25-8-203; 25-8-204; 25-8-207 and 25-8-402 C.R.S. provide the specific statutory authority for adoption of these regulatory amendments. Please note that changes adopted as a result of this hearing for several other segments are addressed in 3.8.25. 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 previous segment 7 has been resegmented into segments 7a and 7b. Segment 7a is the same as the previous segment 7, except that "7b" is added to the list of excluded segments. Segment 7b is described as: Mainstem of Brush Creek and Filter Gulch from the source to the confluence with the South Plate River.

The effect of this resegmentation is to add a water supply classification, and corresponding numeric standards, to Brush Creek and Filter Gulch. Although the water in these streams is not currently used for water supply, the evidence indicates that there is a potential future use for water supply in the Denver system, particularly should the Kassler Water Treatment Plant be reopened. In addition, there was evidence of a hydrologic connection to ground water that could potentially be used in the Denver system.

The Commission rejected a proposal by Martin Marietta to permanently apply all of the standards only at the point of water supply intake, in part because the evidence indicated that the precise point of intake into the Denver system cannot be predicted at this time. However, the Commission did adopt a footnote specifying that-except for the dissolved oxygen, pH, and fecal coliform standards that have previously been in effect for the full stream reaches-the standards for Brush Creek and Filter Gulch apply only at and downstream of the Martin Marietta property line. The evidence indicates that the entire reach of both streams above the property line is located on Martin Marietta property, and that there is no foreseeable use of the water for water supply purposes before it leaves the Martin Marietta property.

In addition, the Commission adopted a three-year temporary modification, such that during this period the sulfate standard will apply only at the point of any present or future water supply intakes. The purpose of this temporary modification is to allow Martin Marietta adequate time to construct a pipeline to move its discharge to the mainstem of the South Plate. This approach is appropriate due to the unique facts applicable to this situation, including (1) Martin Marietta's good faith commitment to pursue construction of a pipeline, and (2) the lack any apparent public health consequences or impacts on other classified uses, since there is no active water supply intake in this area at present and since the sulfate standard is based on a secondary (not health -related) drinking water standard. The Commission does not intend these determinations to serve as a general precedent or to change the Commission's established policy that in the vast majority of circumstances ambient water quality standards are appropriately applied to the entire reach of identified stream segments.

LIST OF PARTY PARTICIPANTS TO OCTOBER, 1988 SOUTH PLATE RIVER BASIN