Colorado § 25-8-207 - Review of classifications and standards.

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

(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.

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.

Cross references: For the legislative declaration contained in the 1992 act amending this section, see section 1 of chapter 188, Session Laws of Colorado 1992.

ANNOTATION

Water quality standards may be revised pursuant to § 25-8-204 in addition to this section. Section 25-8-204, unlike this section, does not require findings of inconsistency. Bd. of County Comm'rs v. Water Quality Control Comm'n, 809 P.2d 1107 (Colo. App. 1991).