§ 25-8-209 — Water quality designations - rules

Colorado § 25-8-209

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

Text

(1) The commission may
adopt the following water quality designations:

(a) Outstanding waters;

(b) Use-protected waters.

(2) The commission shall promulgate criteria governing the designations
provided in subsection (1) of this section. Such criteria shall be consistent with the
provisions of this section and sections 25-8-102 and 25-8-104.

(3) Outstanding waters. (a) Outstanding waters shall be maintained and
protected at their existing quality. Segments shall not be designated as
outstanding waters unless the commission determines that:

(I) The quality of the waters is better than necessary to support propagation
of fish, shellfish, and wildlife and recreation in and on the water based upon water
quality standards for indicator parameters identified by the commission in the
criteria promulgated under the provisions of subsection (2) of this section;

(II) The waters constitute an outstanding natural resource; and

(III) Protection of such resource requires protection in addition to that
provided by the combination of water quality classifications and standards and the
protection afforded reviewable waters under the provisions of subsection (5) of this
section.

(b) All waters that were designated as high quality 1 by the commission prior
to July 1, 1992, are hereby designated as outstanding waters.

(4) Use-protected waters. (a) Use-protected waters are those waters with
existing quality that is not better than necessary to support propagation of fish,
shellfish, and wildlife and recreation in and on the water.

(b) The commission shall utilize the criteria promulgated by rule pursuant to
subsection (2) of this section in designating waters as use-protected.

(c) The quality of waters designated as use-protected may be altered if that
quality provided for in applicable water quality classifications and standards is
maintained.

(5) Reviewable waters. Waters that are not designated as outstanding
waters or use-protected waters shall be referred to as reviewable waters. The
existing quality of reviewable waters shall be maintained and protected unless it is
determined that allowing lower water quality is necessary to accommodate
important economic or social development in the area in which the waters are
located, which shall include all areas directly impacted by the proposed activity.
Notwithstanding any other provisions of this subsection (5), that quality which is
provided for in applicable water quality classifications and standards shall be
maintained for reviewable waters.

(6) Water quality designations and reviewable waters provisions shall not be
utilized by the commission or by any other state, federal, or local agency in a
manner that is contrary to the provisions of section 25-8-104.

Legislative History

Source: L. 92: Entire section added, p. 1299, � 4, effective July 1. L. 2022: (4) amended, (HB 22-1322), ch. 460, p. 3270, � 2, effective June 8.