CONGRESSMAN SALAZAR:
“STATE MUST CONTINUE TO REGULATE WATER QUALITY”

WASHINGTON, DC – At today's hearing of the Colorado Water Quality Control Commission in Denver, Congressman Salazar released a copy of his letter asserting the principle that water quality must continue to be reviewed and regulated by state health officials.

"Everyone has a right to clean water, it's the lifeblood of our communities," said Salazar. "We need to be vigilant in protecting this most valuable resource. All parties in Colorado must be involved in maintaining the water quality and health of our communities - I fail to see why any one industry should be exempt from our clean water protections. State health officials must be supported in their review and regulation of water quality throughout Colorado.”

The following is the complete text of Salazar’s letter:

Colorado Water Quality Control Commission
4300 Cherry Creek Dr. South
Denver, CO 80246-1530            

Dear Water Quality Control Commission:

I write to convey my strong support for Colorado’s continued regulation and operation of the Stormwater Discharge Program by the Colorado Department of Public Health and Environment.  

Last March, the Colorado Water Quality Control Commission responded to valid concerns that uncontrolled runoff from oil and gas sites can have significant impacts on water quality and chose to exercise its authority to protect Colorado’s water resources. As you know, this decision came after reviewing sound evidence that uncontrolled runoff from construction sites can have significant impacts on water quality.  I am concerned that the Colorado Water Quality Control Commission’s decision to reconsider the Colorado Discharge Permit System Regulation #61 (5 CCR 1002-61) will hurt the State’s ability to effectively regulate stormwater discharges from oil and gas construction sites.

The Colorado Attorney General’s Office has already offered an opinion on this matter, affirming the State of Colorado has the legal authority to take this action.  (“Legal Analysis Regarding the COGA/CPA Preemption Argument,” dated November 8, 2005).  This analysis recognizes that the Clean Water Act specifically acknowledges the States’ authority to protect the quality of their waters.  The Clean Water Act authorizes States to adopt regulations that are stricter than the regulations adopted by the federal government under the Clean Water Act (e.g., CWA § 101(b) and § 510). 

Colorado is undergoing extensive natural gas development and much of this development lies within my Congressional District.  In fact, seven counties in my Congressional District have passed resolutions in support of the current rule. These counties have valid concerns that sediment runoff can have significant impacts on the quality and beneficial uses of the State’s waters.  I fail to see why oil and gas development should not have the same water quality standards as other development activities.  I strongly support Colorado’s efforts to exercise its primary authority to protect this invaluable resource and keep in place its current Phase II Stormwater Discharge rule.
                                                                 
Sincerely,
John T. Salazar
Member of Congress