1. Marston Forebay

2. What is Denver Water Requesting?
Denver Water is proposing that Marston Forebay be excluded from the definition of State waters: “State waters” means any and all surface and subsurface waters which are contained in or flow through this state, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed.

3. What makes Marston Forebay Unique?
Location of the forebay on a topographic rise
No inflow of surface water to the forebay, other than man-made conveyances
No apparent net ground water inflow to the forebay
A toe drain system that captures seepage from the forebay
No public access and no managed fishery

4. Where is Marston Forebay?

6. Marston Forebay is not a Water of the United States
Has been determined to be isolated and non-jurisdictional by the Corps
Is not a Water of the U.S.
Is not regulated under Section 404 of the Clean Water Act
The Corps determination considered that Marston Forebay:
Is not used for interstate commerce
Is physically isolated and surrounded by upland
Has only two inflows, which are man-made conduits

7. Proposal Denver Water requests:
a determination that Marston Forebay is not State Waters
the Commission memorialize its determination by adopting proposed Rule 38.7 and the Statement of Basis and Purpose language set forth in Exhibit 10 to the rulemaking notice.