Under this voluntary program, the state provides Clean Water Act Section 319 funds to local entities for projects which address nonpoint source pollution. The litigants claim that the state has not adequately monitored its streams, has not listed all impaired streams, and has not developed sufficient point or nonpoint source TMDLs. The EPA filed for, and was granted, a change of venue. The case is assigned to the federal court in Casper. The Wyoming Association of Conservation Districts has intervened in the lawsuit.
Suits involving twenty-eight states are in some stage of litigation and settlement over TMDLs.
Although Wyoming has not intervened in the lawsuit, we are attempting to respond to the issues brought forth by the litigants. Those streams which were on the 1996 list but do not meet the above criteria for the new 1998 list were proposed for delisting where adequate data exists to show designated use support. Those streams with insufficient data will be monitored some time during the next five years to determine whether they should or should not be listed. The comment period closed February 6, 1998. The DEQ responded to comments received and evaluated and analyzed supplemental data which was submitted prior to finalizing the 1998 list.