EPA Acknowledges “Impaired” Waters

The U.S. Environmental Protection Agency has agreed with Colorado Trout Unlimited that two rivers in Colorado are in trouble and should be included on the state’s list of “impaired” waters under the Clean Water Act.  In a letter sent to the chair of the Colorado Water Quality Control Commission, the EPA stated that portions of Bear Creek and the Dolores River, as well as several other water bodies, are impaired and in need of attention to improve water quality.  As a result, the EPA disapproved the state’s decision not to include those waters in its listing.

“We are delighted that EPA agreed with the scientific evidence showing that these waters are in trouble,” said Melinda Kassen, the director of TU’s Colorado Water Project. “Listing will mean that both Bear Creek and the Dolores River get the attention they need to improve water quality and, thus, their fisheries.”

In March, the Colorado Water Quality Control Commission held hearings in the state concerning waters that should be listed as impaired under the Clean Water Act.  CTU participated in those hearings, urging the state to include both Bear Creek and the Dolores River on the list, but the commission refused to do so.

In its letter to the state, the EPA stated that Bear Creek from Evergreen Lake to Harriman Ditch suffers from high water temperature levels and suspected ammonia pollution that is affecting the ability of the creek to sustain aquatic life.  The Dolores River below McPhee Reservoir to Bradfield Ranch Bridge is suffering from impacts that are currently unknown, but that have caused a dramatic reduction in the fishery.

Trout Unlimited has a history of working to protect the fisheries of both Bear Creek and the Dolores.  In the case of Bear Creek, the Evergreen TU chapter has actively monitored temperature and other fishery quality indicators and demonstrated the problems facing the stream.  In addition, the Colorado Water Project used Bear Creek as an example in its Dry Legacy Report, released in January of 2002.  Dry Legacy argued that Colorado’s current systems have resulted in significant negative impacts to Colorado rivers and streams, but that there are solutions which would improve quality and flows on those waters.

With regard to the Dolores, CTU and the Five Rivers Chapter have long participated in group efforts to identify the problems that have plagued the fishery below McPhee, and, along with Environmental Defense, hired outside consultants in 2000 to perform a study to identify potential solutions to help the Dolores fishery. 

“The decision of the EPA to require the state to include these waters should lead to state and possibly federal resources being used to identify the causes of these water quality problems and how we can begin to fix them,” said CTU Executive Director David Nickum.

While EPA’s partial disapproval of the state’s list is final, EPA must now begin federal rulemaking to add Bear Creek and the Dolores to the impaired waters list.  That process will begin with EPA publishing a notice of its intent to list the streams, which will trigger a public notice and comment process.