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Board of County Comm'rs v. Water Quality Control Comm'n

ELR Citation: 22 ELR 20291
Nos. No. 90CA0077, 809 P.2d 1107/(Colo. Ct. App., 03/14/1991)

The court holds that the statistical methodologies used by the Colorado Water Quality Control Commission in promulgating water quality standards for cadmium, lead, and silver in the North Fork of the South Platte River were not compatible with water quality data, and the standards are thus based on insufficient evidence. The court finds that the record contains no evidence to justify the methodology used to set the water quality standards. The commission did not provide any statistical rationale, and nothing indicates that the mean is an appropriate methodology for analyzing and interpreting skewed data. The court also holds that the lack of findings of inconsistency is not fatal to the revised standards, and the trial court properly considered transcripts of the commission's deliberations in the rulemaking proceeding.

Counsel for Plaintiff-Appellee
David M. Kanigel, County Attorney
1700 Arapahoe St., Golden CO 80419
(303) 271-8970

Duane Woodard, Colorado Attorney General; Charles B. Howe, Chief Dep. Attorney General
1525 Sherman St., Denver CO 80203
(303) 866-3611