Water Quality Committee Meeting Summary: January 2023

January 17, 2023

Caitlin McHale – WOTUS Presentation

December 30th Final Revised Definition of Waters of the U.S. Rule

View presentation

Committee will attempt to discuss technical issues for future discussion.

Comments from CMA members are welcome to be provided to NMA.


  • Enumerated Exclusions
  • Significant Nexus
  • Wastewater Exclusion
  • Groundwater guidance pursuant to Maui case and Colorado case. Issue to
  • Tribal Reserve Rights
  • EPA Unified Agenda (NMA provided info)

State Issues

Conversation with Nathan Moore – Discussion topics for meeting – March 21

Permit Section manager named.


Chronic Sublethal – WET

Agriculturally based EC and SARS absorption rates

Water Supply with downstream segments

Expansion of outfalls

PFAS limits and monitoring

Analytical costs

Committee to prioritize issues with summary.

Mention of PFAS memo to Nathan – not subject to change, but development of ELG development related to pre-treatment.  Any impact to mining?

Any expansion of EGL development to define Best available technology.

Metal Mining Stormwater Permit – Nathan provided background information.

Planning to second part of CMA comments – requesting public comment for withdrawal.

Not expecting to change the scope of entities covered, such as inactive mines.  Policy exists not to permit, may develop guidance, but may not want written policy.   May develop simplified individual permits.

Division issues they want to raise:

WOTUS rule, Sackett decision

Maui – High Mountain Case – DRMS hasn’t discussed case with CDPHE since November.  Going to have groundwater summit (annual) among SB 181 agencies.

Budget request – Nathan did not have a breakdown of functions. Regulatory flexibility requests may need additional staffing.

Performance Partnership Agreements with EPA – Construction permits affect number in backlog.

High Mountain Amicus brief – CMA to have small group meeting to discuss brief.

Legislative Items

Dianna: JBC budget request and legislation removing fees from statutes.  Division by meeting one on one feels this is stakeholder discussions.  Division would continue to have discussions the next few years to address ongoing funding which Commission would determine.