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1. Ditches Questions have been received regarding how ditches are addressed under this permit.In accordance with the Colorado Water Quality Control Act, a permit is not required for any flow or return flow of irrigation water into state waters except as may be required by the federal act or regulations. Therefore, the scope of the state permit for discharges of pesticides contained in the flow or return flow of irrigation water is consistent with the permit scope of the federal permit. EPA Scope Essay in the EPA permit response to comments document is the best source of information on this topic. The Division recommends that Decision Makers include areas of application to ditches, even if they are dry at the time of application, in their calculations for determining if they meet thresholds for submittal of a compliance certification to the extent those ditches are within the scope of the federal permit
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2. Flood Irrigation To the extent that waters in a field following flood irrigation are not waters of the state (are waters withdrawn for use), permit coverage is not needed for application of pesticides to those waters because it is not considered a discharge to waters of the state. The Division would consider co-mingling of those waters with irrigation water to be irrigation return flow and/or surface runnoff from an agrigultural field, and therefore, the discharge of the co-mingled water would be exempt from permit requirements.
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