The Justices' questioning indicated a clear focus on the central issues. Jill and Dave Merritt continue to participate in the Basic Standards workgroup to try to resolve issues related to the recreation classifications and bacterial standards. With respect to non-human sources of bacterial contamination, it appears that the Water Quality Control Division is revising its proposal to include a rebuttable presumption similar to that which was adopted in the Gunnison Basin, i.e., a rebuttable presumption that the indicators show the presence of contamination from human sources. This approach is not consistent with EPA's current thinking, but it is consistent with EPA's current guidance. If the Commission adopts this approach, it will need to revisit this issue at the next triennial review in light of any new information, including any revised EPA guidance.
Staff intends to seek party status to the hearing.
B. Water Quality Policy . A proposed Water Quality Policy Statement will be distributed prior to the Board meeting for discussion and consideration for adoption. C. Gunnison Basin . Aspinall Subordination Agreement . We will discuss execution of the Agreement with Reclamation in the near future.