A Bill for an Act
Page 1, Line 101Concerning standards for the determination of a total
Page 1, Line 102maximum daily load for state waters.
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://leg.colorado.gov.)
The bill requires the water quality control commission, on or before January 1, 2027, to issue written guidance specific to the development of the daily maximum amount of a pollutant from all sources that is allowed to enter state waters so that an applicable water quality standard is met (total maximum daily load). The bill also requires the division of administration in the department of public health and environment, on and after January 1, 2028, to determine a total maximum daily load for state waters using credible data.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 25-8-103, add (19.5) as follows:
Page 2, Line 325-8-103. Definitions. As used in this article 8, unless the context otherwise requires:
Page 2, Line 4(19.5) "Total maximum daily load" means the calculation
Page 2, Line 5of the daily maximum amount of a pollutant from all sources
Page 2, Line 6that is allowed to enter state waters so that an applicable water quality standard is met.
Page 2, Line 7SECTION 2. In Colorado Revised Statutes, 25-8-202, amend (1)(p) and (1)(q); and add (1)(r) as follows:
Page 2, Line 825-8-202. Duties of commission - rules. (1) The commission
Page 2, Line 9shall develop and maintain a comprehensive and effective program for
Page 2, Line 10prevention, control, and abatement of water pollution and for water
Page 2, Line 11quality protection throughout the entire state and, to ensure provision of
Page 2, Line 12continuously safe drinking water by public water systems, and, in connection therewith, shall:
Page 2, Line 13(p) Establish, and revise as necessary, a schedule of nonrefundable
Page 2, Line 14fees to cover the reasonable costs of implementing a program for the
Page 2, Line 15beneficial use of biosolids, in accordance with section 30-20-110.5;
C.R.S.; andPage 2, Line 16(q) Hear appeals of penalties imposed pursuant to section
Page 2, Line 1725-1-114.1 (2.5) for a violation of minimum general sanitary standards and regulations for drinking water; and
Page 2, Line 18(r) On or before January 1, 2027, after soliciting input
Page 3, Line 1from interested parties, issue written guidance specific to total
Page 3, Line 2maximum daily load development that addresses water quality
Page 3, Line 3data collection best practices, reliable analytical methods,
Page 3, Line 4data quality assurance, and the appropriate level of geographic and hydrological accuracy.
Page 3, Line 5SECTION 3. In Colorado Revised Statutes, 25-8-501, add (7) as follows:
Page 3, Line 625-8-501. Permits required for discharge of pollutants -
Page 3, Line 7administration. (7) On and after January 1, 2028, as directed by
Page 3, Line 8the commission, the division shall determine a total maximum
Page 3, Line 9daily load for state waters using credible data, which data includes:
Page 3, Line 10(a) Data that has been collected within the five years before the determination of a total maximum daily load; and
Page 3, Line 11(b) Historical data that is relevant for establishing a total maximum daily load.
Page 3, Line 12SECTION 4. Act subject to petition - effective date. This act
Page 3, Line 13takes effect at 12:01 a.m. on the day following the expiration of the
Page 3, Line 14ninety-day period after final adjournment of the general assembly; except
Page 3, Line 15that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 3, Line 16of the state constitution against this act or an item, section, or part of this
Page 3, Line 17act within such period, then the act, item, section, or part will not take
Page 3, Line 18effect unless approved by the people at the general election to be held in
Page 3, Line 19November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.