Group Memory
September 22, 2003
4500 Cherry Creek Drive South

Agenda

12:30 p.m. Agenda Review, Introductions
12:35 p.m. Review and brief updates WQF Work Group
12:50 p.m. Legislative Update (Barbara Biggs)
1:00 p.m. WQCC Update (Paul Frohardt)
1:15 p.m. Division Update (Mark Pifher)
1:35 p.m. Montana Case and Miccosukee Case Issues (Mark Pifher)
2:00 p.m. Break
2:15 p.m. Source Water Protection Program (Carl Norbeck)
2:45 p.m. SB 276 Funding Study Briefing (Mark Pifher)
3:45 p.m Selenium: Should the WQF help coordinate or consolidate the various work group efforts?
4:00 p.m. Develop and Agree on Next Steps
--November 24^th agenda
4:15 p.m. Adjourn

Legislative Update

The interim committee is meeting in preparation for the next session. Discussion include:

• Concurrent Resolution to increase state sales tax by 0.25 for the protection of natural resources. Funding eligible for:

1. Native species conservation,
2. Drinking water protection,
3. Water quality improvement,
4. Wildfire reduction efforts, and Drought
   preparation and response.
   
   
• Ag.-to-ag. loan of water rights. (Isgar) Repeat of portion of SB 03-85 that cleaned up the ag to-ag loan provisions, but vetoed by Governor. Provisions for notice, review, and no injury included.
• Remove the director of DNR as a voting member of the CWCB.
• Prohibit proxy voting by CWCB board members and clarifying that appointees to the board cannot vote until confirmed by the Senate.
• Basin of Origin Protection: Statewide application of Conservancy District Act "compensatory storage" provisions; export only after all other "reasonable alternatives" considered; and exemption from these provisions if applicant has entered MOU with the local water conservation or water conservancy district.

Other potential legislation of interest includes:

• Instream Flow Program amendments (Pitkin County). Pitkin currently wants either expansion of who can hold ISF (not just CWCB) or removal of "declared drought" restriction from loan program.
• Clean up of HB 01-1254. (Smith) Clarify notice requirements on water rights applications to avoid costly and impractical notice requirements.
• Basin of Origin Protections/Compensation. There have been many discussions ranging from water export fees (Park County) to required approval of Water Conservancy Districts/ Conservation Districts to more traditional compensatory storage requirements.
• KS vs. CO payment. Colorado owes $29-30 million to Kansas as a result of the litigation. How and from where to pay the bill?
• Denver Basin groundwater development. Representative Miller has indicated he will again introduce legislation to require use of in-basin resources before any additional transbasin water is transferred.
• Senate President Andrews stated his intention to introduce a Concurrent Resolution (for voter approval) to set the current CWCB board membership in the state Constitution.
• Ag. Salvage. DNR Director Greg Walcher makes continuing mention of the need to allow agriculture, which controls 85% of the state’s water, to conserve its water for subsequent sale or other transfer to municipalities.
• State Debt for "Critical Infrastructure," including water storage. Repeat of HCR 03-1009 (Briggs).
• Speaker Spradley will likely repeat her bill (03-1146) to require the water courts to consider water quality impacts in change of use cases.
• There will likely be another flurry of water conservation bills. These are again likely to run the gamut from encouragements, to technical assistance, to incentives, to mandates.
• Possible amendments to SB 01-216 regarding Recreation In-Channel Diversions.
• Proponents of the "right-to-float" indicated last year their intent to pursue an initiative this year to assure the right to float on streams and rivers. Accordingly, the Legislature may choose to address this issue preemptively.
• Public meeting notice requirements: clarification of meetings requiring notice.
• Federal legislation includes two bills that would elevate the EPA to the cabinet level. One of these bills would create three workgroups: policy, science, and enforcement/compliance

Water Quality Control Commission Update
(Paul Frohardt)

• There is a new request from EPA for a "good cause" letter concerning 18 segments not included on the 2002 Section 303(d) List. The Division will prepare a draft response for Commission review at the November meeting.
• Data for the 2004 303(d) list was due by October 1, 2003 to be considered "existing and readily available."

October 8, 2003 Commission Meeting

Informational Hearings were conducted for:

• The triennial review of the Basic Standards for Ground Water
• The triennial review of the Site-Specific Water Quality Classifications and Standards for Ground Water
• Surface Water Basic Standards Issues Scoping Hearing

November10, 2003 Commission Meeting

Agenda items include:

• An Issues Formulation Hearing for review of the Classifications and Numeric Standards for the South Platte
• An Informational Briefing on CDOT water quality issues
• A Rulemaking Hearing to consider new site-specific ground water quality classifications and standards proposed by the Colorado Oil and Gas Conservation Commission
• Informational Briefing by the State Engineer's Office regarding its role as a SB181 implementing agency.

December, 2003 Commission Meeting

Informational Briefings will be conducted on emerging issues at EPA and the EPA Water Quality Standards & Criteria Strategy document.

February, 2004 Commission Meeting

The Commission will have a rulemaking hearing regarding the Colorado Discharge Permit System Regulation (Regulation #61) and the Confined Animal Feeding Operations Control Regulation (Regulation #81)

Water Quality Control Division Update (Mark Pifher)

EPA has released a document on Water Quality Standards and Criteria Strategy. The strategy describes and sets milestones for the following ten strategic actions of highest priority:

1. Issue implementation guidance for the 1986 bacteria criteria for recreation.
2. Produce and implement a strategy for the development of pathogen criteria for drinking water and recreational use.
3. Produce and implement a strategy for the development of suspended and bedded sediment criteria.
4. Provide technical support to states and tribes for developing and adopting nutrient criteria and biological criteria.
5. Develop and apply a systematic selection process to produce new and revised water quality criteria for chemicals to address emerging needs.
6. Complete the national Endangered Species Act consultation with the federal services on existing aquatic life criteria.
7. Provide technical support, outreach, training and workshops to assist states and tribes with designated uses, including use attainability analyses and tiered aquatic life uses.
8. Provide implementation support concerning technical issues affecting permits and TMDLs, beginning with technical support and outreach concerning the duration and frequency components of existing water quality criteria.
9. Identify any drinking-water source waters whose water quality standards do not protect the use, and work with EPA regions, states, and tribes to correct any deficient standards as soon as possible.
10. Develop a web-based clearinghouse for exchanging information on critical water quality standards issues, beginning with antidegradation.

A pdf version of the strategy is available at: www.epa.gov/waterscience/standards/strategy

• A draft report on the 309 study is now out and available for review.
• A draft working paper on "Trading Policy" will be out by November for review
• An enforcement MOU between the State and EPA is currently being refined to clarify shared enforcement responsibilities
• A Water Quality Control Division management retreat will be held in September to set priorities
• Basic Standards issues will be presented to the WQCC and include:

--revisions needed due to new information or revised national criteria (e.g. ammonia, mercury, etc)
--309 Study recommendations
--Temperature criteria, aluminum criteria
--clarification, footnotes, typos, corrections, etc.
--This information will be available on the WQCC web site

• Miccosukee Case Issues: The 11^th Circuit Court determined that an NPDES Permit is required for a transbasin water transfer. Colorado, New Mexico, utility groups, and the Solicitor General of the United States have filed briefs to overturn the Circuit Court decision.

Source Water Protection Program (Carl Norbeck)

A handout is available upon request

SB 276 Funding Study Briefing (Mark Pifher)

A power point presentation was presented and available upon request. The presentation describes:

• What SB 276 is all about
• The Status of the efforts to date

  The next steps

Selenium: Should the WQF help coordinate or consolidate the various work group efforts?

• The Waster Water Utility Council is issuing an RFP to study the selenium effort across the state and the data
• The WQF will monitor this progress and revisit this issue in another 6 - 8 months
• We may want to consider having a statewide forum to share information at a later date

Next Steps

November 24^th agenda items:

• Updates
• Legislative
• WQCC
• WQCD
• Other
• CDOT Water Quality Issues