Code of Colorado Regulations
1000 - Department of Public Health and Environment
1002 - Water Quality Control Commission (1002 Series)
5 CCR 1002-82 - REGULATION NO. 82 - 401 CERTIFICATION REGULATION
Section 5 CCR 1002-82.13 - Statement of Fiscal Impact

The costs of complying with these regulations falls to those persons who are required to obtain federal licenses or permits for the discharge of certain materials into state waters. Since most federal licenses or permits will likely be certified with conditions, the costs will be associated with complying with the conditions ("MANAGEMENT REQUIREMENTS" and "ADDITIONAL REQUIREMENTS" in 2.4.5). These conditions are not extraordinary requirements not normally followed in construction, but rather are good construction and maintenance techniques which will not add appreciably to the costs of projects requiring federal permits or licenses.

The benefits of these regulations fall to all persons who rely upon the classified beneficial uses of the state's waters and the maintenance of the stream standards adopted to protect those uses. These benefits are considerable and far outweigh the costs of complying with these regulations, even if denial of certification in certain specific instances is necessary to protect the state's waters.

Since these regulations essentially codify procedures which have been followed for some time, except that even fewer and less restrictive conditions are available for application to specific permits, there is reason to believe that the costs of utilizing federal permits in Colorado will remain at or below historic levels.