Local rivers make state’s watch list

Water experts want a closer look at why

The Slate River, the Taylor River and Cement Creek have all caught the attention of the Colorado Water Quality Control Commission. The state is proposing that all three be included on its list of impaired waters. Some of the proposed segments have surprised local water leaders, who want a closer look at the science behind the decisions.

Gunnison County, the Gunnison County Stockgrowers Association and the Upper Gunnison River Water Conservancy District (UGRWCD) have all elected to become party to the rulemaking process that would make the list official.
“The reason we all got involved in the rulemaking is because we are going to be examining the data, and in many cases there is insufficient data,” said Steve Glazer, board member of the UGRWCD and water director with High Country Citizen’s Alliance.
According to Glazer, the state is required to update its list of impaired waters every two years. The list under consideration is a draft of the 2012 list, which includes revisions to both the impaired list, officially called Water Quality Limited Segments requiring Total Maximum Daily Loads (TMDL), and Colorado’s Monitoring and Evaluation List (M&E List), which flags stream and river segments where there is insufficient data.
“What’s different this year is that last October the state adopted a new policy for aquatic life to base listings on macroinvertebrate populations… Because this type of monitoring is so new, there is not a lot of data,” Glazer said.
An added challenge with this type of biomonitoring, Glazer added, is that it indicates a problem but does not identify the cause. The Taylor River, for example, is proposed for inclusion because of the presence of lead. But it’s unclear where that lead comes from, as Frank Kugel, general manager of the Upper Gunnison District, explained.
“We have no idea yet about the lead,” Kugel said. It could be from an old lead mine on the Taylor River, or a slip shot sinker at the lower reach. “We have a lot of questions and want to examine the data and have our scientists look at it.”
Cement Creek, listed for “aquatic life,” was also a surprise to local water experts. Glazer wants to identify exactly which segment is impaired, which is unclear in the proposed list, and what that impairment is.
“We don’t have any data on that and we’re curious as to what their data are,” Glazer said.
The way to see that data or submit additional data is to become a party to the rulemaking process. After meeting with key stakeholders, including representatives from the county, the city of Gunnison, Crested Butte and government agencies like the National Park Service, the UGRWCD filed for party status on September 27. Gunnison County and the Stockgrowers Association also filed on the same day.
The intent, Kugel said, in filing is not to question the need for water quality protection but to make sure the decision is made using the best available data.
“We’re supportive of their efforts to maintain or improve water quality but want to make sure it’s done accurately,” he said.
According to Glazer, once a segment is listed on the 303(d) list, the state has 13 years to develop a TMDL, which means they allocate the load (from non-point sources) and wasteload (from point sources) that will bring the segment back into compliance. Any dischargers within that river segment would be subject to discharge limits, regulated through their discharge permits. By contrast, non-point sources are handled through voluntary clean-up efforts with financial assistance available from multiple sources.
“Our investigation will validate the listing or suggest that we need to, in our response brief and our exhibits of evidence, suggest that some segments be moved to the M&E list, or not be listed at all on either list, or move some things from M&E list off of the list,” Glazer said.
The UGRWCD has contracted with Kevin Alexander, biology professor at Western State College and environmental consultant, to review the state’s data and prepare additional data. The Water Quality Control Division has already responded to some local concerns by removing the lower reach of the Slate River, originally proposed for zinc, and reducing the listing of the Lake Fork River to a small segment above Lake City.
The state will hold a public hearing on the rulemaking in December, after parties prepare responses to the proposed listing. The three parties in the Gunnison Valley have plans to begin meeting to prepare a joint statement. Glazer is confident that the UGRWCD can fairly represent everyone’s interests and county attorney David Baumgarten expressed a similar sentiment.
“Historically, that has been the strength of this community,” Baumgarten said. The region has a history of bringing different interest groups to the table, including ranchers and government agencies. To Glazer, that is promising.
“To me I’m really pleased because it’s very precedent-setting that we feel comfortable enough to include federal agencies in our stakeholder group. That’s a sign that we’re getting along with each other,” Glazer said.