First Regular Session
Sixty-second General Assembly
LLS NO. 99-0676.01 Pam Cybyske HOUSE BILL 99-1286
STATE OF COLORADO
BY REPRESENTATIVE Gordon
AGRICULTURE, LIVESTOCK, & NATURAL RESOURCES
A BILL FOR AN ACT
101 CONCERNING THE ESTABLISHMENT OF A PROCESS TO ALLOW A BOARD OF
102 COUNTY COMMISSIONERS TO MAKE RECOMMENDATIONS TO THE
103 WATER QUALITY CONTROL COMMISSION CONCERNING GROUND
104 WATER QUALITY WITHIN SUCH COUNTY AT THE REQUEST OF A
105 COUNTY RESIDENT.
Bill Summary
(Note: This summary applies to this bill as introduced and does
not necessarily reflect any amendments that may be subsequently
adopted.)
Requires the water quality control commission ("WQCC") to give
substantial deference to the recommendations of a board of county
commissioners ("BOCC") in its consideration of a proposal for
site-specific classification and water quality standards for state waters
within such county if a county resident making such proposal requested
the BOCC to review the proposal and the recommendations are made in
response to such request unless the recommendations are less protective
of water quality.
Makes the WQCC provide specific written findings if the
recommendations of the BOCC are not adopted.
Requires a BOCC to review a proposal for site-specific
classification and water quality standards for state waters within such
county at the request of a county resident. Allows the BOCC to collect
necessary information concerning such proposal, including, but not
limited to, holding public meetings.
Clarifies that the authority of the BOCC to review a proposal for
site-specific classification and water quality standards for state waters
within such county at the request of a county resident is in addition to and
[ ] denotes HOUSE amendment. { } denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute.
Dashes through the words indicate material to be deleted from existing statute.
Page 2
not a substitution for other authority granted to a BOCC by law.
1 Be it enacted by the General Assembly of the State of Colorado:
2 SECTION 1. 25-8-203, Colorado Revised Statutes, is amended
3 BY THE ADDITION OF A NEW SUBSECTION to read:
4 25-8-203. Classification of state waters. (4) IN DETERMINING A
5 SITE-SPECIFIC CLASSIFICATION FOR STATE WATERS, THE COMMISSION
6 SHALL GIVE SUBSTANTIAL WEIGHT TO THE RECOMMENDATIONS OF THE
7 BOARD OF COUNTY COMMISSIONERS OF THE COUNTY WHERE SUCH STATE
8 WATERS ARE LOCATED IF SUCH RECOMMENDATIONS ARE OFFERED
9 PURSUANT TO SECTION 30-11-107 (4) (a), C.R.S.; EXCEPT THAT THE
10 COMMISSION SHALL NOT GIVE SUCH DEFERENCE TO A RECOMMENDATION
11 THAT WILL RESULT IN A CLASSIFICATION THAT IS LESS PROTECTIVE OF
12 WATER QUALITY STANDARDS THAN EXISTS AT THE TIME SUCH
13 RECOMMENDATION IS MADE. IF THE COMMISSION DOES NOT ADOPT SUCH
14 RECOMMENDATIONS OF THE BOARD OF COUNTY COMMISSIONERS, THE
15 COMMISSION SHALL MAKE A SPECIFIC WRITTEN FINDING FOR EACH SUCH
16 RECOMMENDATION THAT SETS FORTH A DETAILED EXPLANATION OF WHY
17 SUCH RECOMMENDATION WAS NOT ADOPTED.
18 SECTION 2. 25-8-204 (3), Colorado Revised Statutes, is
19 amended to read:
20 25-8-204. Water quality standards. (3) (a) Water quality
21 standards may be promulgated for use in connection with any one or
22 more of the classes of state waters established by the commission
23 pursuant to section 25-8-203 and may be made applicable with respect to
24 any designated portion of state water or to all state waters.
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1 (b) WHEN DETERMINING WATER QUALITY STANDARDS FOR A
2 SITE-SPECIFIC CLASSIFICATION OF STATE WATERS, THE COMMISSION SHALL
3 GIVE SUBSTANTIAL WEIGHT TO THE RECOMMENDATIONS OF THE BOARD OF
4 COUNTY COMMISSIONERS OF THE COUNTY WHERE SUCH STATE WATERS
5 ARE LOCATED IF SUCH RECOMMENDATIONS ARE OFFERED PURSUANT TO
6 SECTION 30-11-107 (4) (a), C.R.S.; EXCEPT THAT THE COMMISSION SHALL
7 NOT GIVE SUCH DEFERENCE TO A RECOMMENDATION THAT WILL RESULT IN
8 WATER QUALITY STANDARDS THAT ARE LESS PROTECTIVE OF WATER
9 QUALITY THAN EXISTS AT THE TIME SUCH RECOMMENDATION IS MADE. IF
10 THE COMMISSION DOES NOT ADOPT SUCH RECOMMENDATIONS OF THE
11 BOARD OF COUNTY COMMISSIONERS, THE COMMISSION SHALL MAKE A
12 SPECIFIC WRITTEN FINDING FOR EACH SUCH RECOMMENDATION THAT SETS
13 FORTH A DETAILED EXPLANATION OF WHY SUCH RECOMMENDATION WAS
14 NOT ADOPTED.
15 SECTION 3. 30-11-107, Colorado Revised Statutes, is amended
16 BY THE ADDITION OF A NEW SUBSECTION to read:
17 30-11-107. Powers of the board. (4) (a) THE BOARD OF COUNTY
18 COMMISSIONERS OF ANY COUNTY SHALL, UPON THE REQUEST OF A
19 RESIDENT OF SUCH COUNTY WHO HAS FILED WITH THE WATER QUALITY
20 CONTROL COMMISSION A PROPOSAL FOR THE ADOPTION OF GROUND WATER
21 QUALITY SITE-SPECIFIC CLASSIFICATIONS AND STANDARDS FOR GROUND
22 WATER LOCATED WITHIN SUCH COUNTY, REVIEW SUCH PROPOSAL AND
23 GATHER WHATEVER ADDITIONAL DATA IT DEEMS NECESSARY, INCLUDING,
24 BUT NOT LIMITED TO, HOLDING PUBLIC MEETINGS. THE BOARD OF COUNTY
25 COMMISSIONERS MAY, AFTER REVIEW AND INVESTIGATION OF SUCH
26 PROPOSAL FOR THE ADOPTION OF GROUND WATER QUALITY SITE-SPECIFIC
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1 CLASSIFICATIONS AND STANDARDS, MAKE RECOMMENDATIONS TO THE
2 WATER QUALITY CONTROL COMMISSION CONCERNING SUCH PROPOSAL.
3 RECOMMENDATIONS PROVIDED TO THE WATER QUALITY CONTROL
4 COMMISSION PURSUANT TO THIS SUBSECTION (4) SHALL BE GIVEN
5 SUBSTANTIAL WEIGHT BY THE WATER QUALITY CONTROL COMMISSION IN
6 ACCORDANCE WITH SECTIONS 24-8-203 (4) AND 24-8-204 (3) (b), C.R.S.
7 (b) THE AUTHORITY GRANTED A BOARD OF COUNTY
8 COMMISSIONERS IN PARAGRAPH (a) OF THIS SUBSECTION (4) IS IN ADDITION
9 TO, AND NOT A SUBSTITUTION FOR, ALL OTHER AUTHORITY GRANTED BY
10 LAW.
11 SECTION 4. Effective date. This act shall take effect October
12 1, 1999, unless a referendum petition is filed during the ninety-day period
13 after final adjournment of the general assembly that is allowed for
14 submitting a referendum petition pursuant to article V, section 1 (3) of the
15 state constitution. If such a referendum petition is filed against this act
16 or an item, section, or part of this act within such period, then the act,
17 item, section, or part, if approved by the people, shall take effect on the
18 date of the official declaration of the vote thereon by proclamation of the
19 governor.