EXHIBIT 1
JOINT PROPOSAL
WATER QUALITY CONTROL DIVISIION AND SUMMIT wATER qUALITY cOMMITTEE
5 CCR 1002-71
REGULATION NO.  71
DILLON RESERVOIR CONTROL REGULATION
71.0	DILLON RESERVOIR CONTROL REGULATION
71.1	AUTHORITY
The Water Quality Control Commission is authorized by section 25-8-205, C.R.S., to promulgate control regulations to describe prohibitions, standards, concentrations, and effluent limitations on the extent of specifically identified pollutants that any person may discharge into any specified class of state waters.
71.2	DEFINITIONS
See the Colorado Water Quality Control Act and other Water Quality Control Commission regulations for additional definitions.
(1)	"NONPOINT SOURCE" - any activity or facility other than a point source from which pollutants are or may be discharged.
(2)	"DISPERSAL SYSTEM" - a system for the disposal of effluent, after final treatment in an individual sewage disposal system, by a method which does not depend upon or utilize the treatment capability of the soil.
(3)	“RESERVE POOL” – consists of total phosphorus credits that have not been allocated to any discharger.  The source of these credits may be previous allocations for facilities no longer in operation, reductions in existing discharger phosphorus allocations listed in 71.3, nonpoint source control projects as described in 71.5, or other sources that do not result in an increase the total phosphorus load to Dillon Reservoir.
71.3	WASTELOAD ALLOCATION FOR TOTAL PHOSPHORUS DISCHARGE
The dischargers listed below shall not discharge more than the indicated amounts of total phosphorus in any consecutive twelve month period except as provided in section 5 below.

Discharge	Allowed Phosphorus Discharge (lb./yr.)	
Major Municipal		
Breckenridge SD	708.8	
Copper Mt Consolidated Metro District	218	
Frisco SD	341	
Snake River Plant	340	
TOTAL	1607.8	
Minor Domestic		
Bekkedal Subdivision	2.5	
High Country Lodge	1.7	
Keystone A-Basin	11.4	
Keystone Summit House	4.4	
Summit Motor Inn	2.7	
Vail Rest Stop	3.9	
Reserve Pool	0.0	
TOTAL	26.6	
71.4	MUNICIPAL AND DOMESTIC EFFLUENT LIMITATIONS
(1)	No new or existing municipal or domestic wastewater treatment plant treating more than 2,000 gallons per day in the Dillon Reservoir watershed shall discharge an effluent with a total phosphorus concentration greater than 0.5 mg/l total phosphorus, as a daily maximum.  In the case of discharges from a dispersal system, this concentration must be documented either entering or leaving the dispersal system.  Notwithstanding the discharge allowed by this subsection, the dischargers listed in section 3 shall not discharge more than the amounts listed therein.
(2)	The total phosphorus discharged in the Dillon Reservoir watershed by municipal sources and domestic sources, as shown in section 3, shall not exceed 1,634.4 pounds per year except as provided in section 5 below.
(3)	Annual phosphorus allocations for site approvals and permits issued to new facilities after July 30, 1984 shall be based on total phosphorus effluent quality of 0.2 mg/l based on a 30-day average and the design capacity of the treatment plant.  However, such allocations may only be used if they are offset by discharge credits for nonpoint source controls obtained pursuant to section 5, below.
(4)	Subject to the other provisions in Section 71.4, new or existing wastewater treatment facilities may obtain an additional phosphorus allocation by:
a.	Controlling nonpoint sources as outlined in section 5 below;
b.	Utilizing available credits in the Reserve Pool; and
c.	Acquiring credits from another existing point source allocation, where the existing allocation is reduced by a corresponding amount.
PROPOSED
71.12	STATEMENT OF BASIS, SPECIFIC STATUTORY AUTHORITY AND PURPOSE (April, 2007)
The provisions of sections 25-8-202 and 25-8-401, C.R.S., provide the specific statutory authority for adoption of the attached regulatory amendments.  The Commission also adopted, in compliance with section 24-4-103(4) C.R.S., the following statement of basis and purpose.
BASIS AND PURPOSE
The Summit Water Quality Committee and WQCD agreed that the control regulation be amended to include additional definitions and actions related to the current phosphorus trading provisions.  The specific amendments are as follows:
71.2	DEFINITIONS
A “Reserve Pool” was defined as total phosphorus credits that have not been allocated to any discharger.  This term will used in Section 71.4(4) for obtaining additional phosphorus allocation by permitted dischargers.
71.3	WASTELOAD ALLOCATION FOR TOTAL PHOSPHORUS DISCHARGE
The Reserve Pool, as defined in Section 71.2, has been added to this list but has zero (0) phosphorus pounds assigned for an allocation.  Pounds of phosphorus for this category will come from other existing point source allocations listed in Section 71.3, or from nonpoint sources as described in Section 71.5.
71.4	MUNICIPAL AND DOMESTIC EFFLUENT LIMITATIONS
Paragraph (4) was added to provide more flexibility in managing the reservoir water quality.  The paragraph describes how new or existing wastewater treatment facilities can obtain additional phosphorus allocation through phosphorus trading as described in Section 71.5, by utilizing credits in the Reserve Pool, or by acquiring additional phosphorus allocation from another existing point source allocation described in Section 71.3.
The Commission determined that the proposed amendments would not increase the total phosphorus load to Dillon Reservoir, or reduce the protection of designated uses provided by the control regulation.  The amendments would provide flexibility to the ongoing phosphorus management strategies to address reservoir water quality.