Click here to read the newsletter. Here’s an excerpt:
The Southern Ute Indian Tribe (the Tribe) is taking public comment on their proposed water quality standards and certification procedures from August 23 to October 22, 2021. Although the standards apply only to Tribal Waters on lands where the tribe has jurisdiction, they can affect permits and licenses issued upstream by EPA, the Army Corps of Engineers, the Federal Energy Regulatory Commission, and/or the State of Colorado, on and off the reservation. Permitting and licensing entities must consider any possible impacts that could cause violations of standards downstream to Tribal Waters.
For several years, the Tribe has been developing its authority to set water quality standards within their reservation boundaries. In 2018, the Tribe was granted “Treatment as a State” (TAS) by the EPA to receive delegated authority for sections 303(c) and 401 of the Clean Water Act to set water quality standards and certify that those standards will not be violated under certain federal permits and licenses. They did not apply for any permitting or enforcement authority. This current step is part of the Tribe’s process to promulgate its initial water quality standards and certification procedures.
Documents related to the Tribe’s TAS application as well as the proposed standards and procedures can be found here and here. Comments can be emailed to SUIT’s Water Quality Standards Committee at wqs@southernute-nsn.gov. The Tribe will hold an online public hearing regarding the proposed standards on October 7th from 3:00 – 5:00pm. To pre-register, visit https://bit.ly/3wnzxAb.
