colorado department of public health and environment
WATER QUALITY CONTROL COMMISSION
5 CCR 1002-38
regulation no. 38
classifications and numeric standards
for
south platte river basin, laramie river basin
republican river basin, smoky hill river basin
. . . .
38.6 TABLES 
. . . . 

REGULATION #38 STREAM CLASSIFICATIONS and WATER QUALITY STANDARDS

REGION: 3 and 4
               
BASIN: Upper South Platte River	
Desig	
Classifications	
NUMERIC STANDARDS	
TEMPORARY
MODIFICATIONS
AND
QUALIFIERS

	
	
PHYSICAL
and
BIOLOGICAL	
INORGANIC

mg/l	
METALS

g/l

Stream Segment Description							
22a.	Lakes and reservoirs in watersheds tributary to the South Platte River from the outlet of Chatfield Reservoir to a point immediately below the confluence with Big Dry Creek, except for specific listings in the subbasins of the South Platte River, and in Segments 16b, 17a, 17b, 17c, 22b, and 23.	
	Aq Life Warm 2
Recreation E
Water Supply
Agriculture	T=TVS(WL) oC
D.O.=5.0 mg/l
pH=6.5-9.0
E. Coli=126/100ml	NH3(ac/ch)=TVS
Cl2(ac)=0.019
Cl2(ch)=0.011
CN=0.005	S=0.002
B=0.75
NO2=0.5
NO3=10
Cl=250
S04=WS 	As(ac)=340
As(ch)=0.02(Trec)
Cd(ac/ch)=TVS
CrIII(ac/ch)=TVS
CrVI(ac/ch)=TVS
Cu(ac/ch)=TVS	Fe(ch)=WS(dis)
Fe(ch)=1000(Trec)
Pb(ac/ch)=TVS
Mn(ac/ch)=TVS
Hg(ch)=0.01(Tot)
Ni(ac/ch)=TVS	Se(ac/ch)=TVS
Ag(ac/ch)=TVS
Zn(ac/ch)=TVS	Fish Ingestion Standards

22b.  Lakes and reservoirs located in the Rocky Mountain Arsenal National Wildlife Refuge	
	
Aq Life Warm 2
Recreation E
Agriculture	
T=TVS(WL) oC
D.O.=5.0 mg/l
pH=6.5-9.0
E. Coli=126/100ml	
NH3(ac/ch)=TVS
Cl2(ac)=0.019
Cl2(ch)=0.011
CN=0.005	
S=0.002
B=0.75
NO2=0.5
NO3=100	
As(ac)=340
As(ch)=100
Cd(ac/ch)=TVS
CrIII(ac/ch)=TVS
CrVI(ac/ch)=TVS
Cu(ac/ch)=TVS	
Fe(ch)=1000(Trec)
Pb(ac/ch)=TVS
Mn(ac/ch)=TVS
Hg(ch)=0.01(Tot)
Ni(ac/ch)=TVS	
Se(ac/ch)=TVS
Ag(ac/ch)=TVS
Zn(ac/ch)=TVS		

. . . .

38.87	STATEMENT OF BASIS SPECIFIC STATUTORY AUTHORITY AND PURPOSE MARCH 11, 2014 RULEMAKING; EFFECTIVE DATE APRIL 30, 2014
The provisions of C.R S. 25-8-202(1)(a), (b) and (2); 25-8-203; 25-8-204; and 25-8-402; provide the specific statutory authority for adoption of these regulatory amendments.  The Commission also adopted in compliance with 24-4-103(4) C.R.S. the following statement of basis and purpose.
BASIS AND PURPOSE
The Commission adopted on a permanent basis the revisions to Regulation # 38, Classifications and Numeric Standards for South Platte River Basin, Laramie River Basin Republican River Basin, Smoky Hill River Basin, which had been adopted on an emergency basis on May 13, 2013. 
In that rulemaking, the United States Fish and Wildlife Service, Rocky Mountain Arsenal National Wildlife Refuge (“Refuge”) proposed to split Upper South Platte segment 22, and create a new segment, Upper South Platte River segment 22b, that encompasses the lakes and reservoirs on the Refuge property. These lakes are known as Lake Mary, Lake Ladora, Upper Derby Lake, and Lower Derby Lake. The new segment will retain the Aquatic Life Warm 2, Recreation E, and Agriculture uses and standards, but the Water Supply use classification will be removed.  
In this proceeding, the Commission removed the DO spawning and aluminum standards that were added during the previous action and replaced the chronic arsenic standard of 150 ug/L with 100 ug/L, consistent with the agriculture use. 
The Refuge provided evidence to the Commission that there is no water supply use from the lakes and that a water supply use is precluded by the 1989 Federal Facilities Agreement for the Arsenal. In addition, consumption of fish from these lakes is precluded by this same Agreement and by 50 C.F.R. § 32.25.	
PARTIES TO THE RULEMAKING HEARING
1.	U.S. Fish and Wildlife Service, Rocky Mountain Arsenal National Wildlife Refuge
2.	Denver Water