Second Regular Session
              Sixty-eighth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 12-0194.01 Thomas Morris x4218  SENATE BILL 12-017
                   SENATE SPONSORSHIP
 King S.,
 
                    HOUSE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Agriculture, Natural Resources, and Energy
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the adoption of water quality control rules
            regarding nutrients, and, in connection therewith,
            prohibiting the water quality control commission
            from adopting numeric criteria for a water control
            standard or control regulation regarding nitrogen or
            phosphorus.
       
       
                           Bill Summary
       
            (Note: This summary applies to this bill as introduced and does
       not reflect any amendments that may be subsequently adopted. If this bill
       passes third reading in the house of introduction, a bill summary that
       applies to the reengrossed version of this bill will be available at
       http://www.leg.state.co.us/billsummaries.)
       
            The bill prohibits the water quality control commission from
       adopting numeric criteria for a water control standard or control
       regulation regarding nitrogen or phosphorus.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  In Colorado Revised Statutes, 25-8-204, amend (1)
       as follows:
            25-8-204.  Water quality standards - rules. (1)  The commission
       shall, by rule, promulgate water quality standards shall be
       promulgated by the commission by regulations which that describe
       water characteristics or the extent of specifically identified pollutants for
       state waters; except that the commission shall not adopt numeric
       criteria for a water control standard regarding nitrogen or
       phosphorus.
            SECTION 2.  In Colorado Revised Statutes, 25-8-205, amend (5)
       as follows:
            25-8-205.  Control regulations. (5)  The commission shall not
       adopt control regulations that:
            (a)  Require agricultural nonpoint source dischargers to utilize
       treatment techniques that require additional consumptive or evaporative
       use which that would cause material injury to water rights. With regard
       to nonpoint source water pollution control related to agricultural
       practices, the commission and division shall pursue incentive, grant, and
       cooperative programs in preference to the promulgation of control
       regulations. When interested water conservation districts, water
       conservancy districts, and conservation districts recommend nonpoint
       source control activities related to agricultural practices to the division
       and commission, the division and commission, after consultation with
       such districts, shall give substantial weight to the recommendations of
       such the districts into the approved program. Except as provided by
       section 25-8-205.5, the commission shall promulgate control
       regulations related to agricultural practices shall be promulgated only if
       the commission determines that incentive, grant, and cooperative
       programs are determined by the commission to be inadequate and such
       the regulations are necessary to meet state law or the federal act. This
       subsection (5) does not allocate wasteloads or relieve any source from
       participation in wasteload allocations determined necessary under any
       duly promulgated regulations established by the water quality control
       commission under this section.
            (b)  Contain numeric criteria for nitrogen or phosphorus.
            SECTION 3.  Safety clause. The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.