§ 25-8-207 — Review of classifications and standards

Colorado § 25-8-207

• Jurisdiction: Colorado
• Title 25: Public
• Art.: Water Quality Control

Text

(1) The commission,
upon petition or upon its own motion, shall review, pursuant to section 24-4-103,
C.R.S., any classification, standard, designation, or regulation adopted pursuant to
sections 25-8-203, 25-8-204, and 25-8-209 for consistency with this subsection (1)
and consistency with the policies set forth in sections 25-8-102 and 25-8-104. Rule-making hearings on petitions filed under this subsection (1) shall be held
expeditiously with respect to such classifications, standards, designations, or
regulations adopted prior to July 1, 1992. The commission shall make a finding of
inconsistency where:

(a) Use classifications and water quality standards for aquatic life are more
stringent than is necessary to protect fish life, shellfish life, and wildlife in water
body segments which are reasonably capable of sustaining such fish life, shellfish
life, and wildlife from the standpoint of physical, streambed, flow, habitat, climatic,
and other pertinent characteristics;

(b) Any use classifications or water quality standards were adopted based
upon material assumptions that were in error or no longer apply; or

(c) Any designation does not conform with the provisions of section 25-8-209.

(2) Where the commission determines that an inconsistency exists, it shall
declare the inconsistent classifications or standards void ab initio and shall
simultaneously establish appropriate classifications or standards.

Legislative History

Source: L. 85: Entire section added, p. 907, � 5, effective June 4. L. 92: IP(1) amended and (1)(c) added, p. 1299, � 3, effective July 1.