11/15/1999 682

SUIT TO CHALLENGE LACK OF WATER QUALITY STANDARDS ON OVER 1,000 MILES OF ARIZONA'S RIVERS

The Center for Biological Diversity has filed a formal notice of intent to sue the U.S. Environmental Protection Agency (EPA) for failure to set pollution limits on 144 river and stream segments and Arizona. The EPA has already determined the rivers are polluted, but contrary to the requirements of the Clean Water Act, has not established limits on further pollution. The limits, known as total maximum daily loads ("TMDLs"), identifies how much pollution each body of water can sustain on a daily basis. This would limit stormwater runoff, industrial and livestock grazing pollution, erosion from logging, golf course runoff, sewage plant discharges and numerous other sources.

The Clean Water Act mandated that each state have in place by 1979 TMDL designations limiting pollution for all significantly degraded waterways. The state of Arizona is up to 20 years late in setting the pollution limits. The Clean Water Act mandates that the EPA take over the responsibility for setting water pollution limits if a state fails to do so.

Rivers, creeks and lakes that are the subject of the legal action include the Gila, Salt, San Pedro, Santa Cruz and Colorado, Little Colorado, Verde, Agua Fria and San Francisco rivers as well as Hassyampa and Chevlon creeks, Mule Gulch along with San Carlos Reservoir, Lake Havasu and Peck's Lake along with numerous others water bodies totalling over a thousand rivers miles in length.

The Center is represented by Matt Kenna of Kenna & Hickcox (Durango) and Robert Wygul of Earthjustice (Denver).