Public Notice: Water Quality Certification for the Ouray School Canal Diversion project in the Uintah and Ouray Reservation
Summary
The U.S. Environmental Protection Agency (EPA) received a request from the Uintah Indian Irrigation Project for a Clean Water Act (CWA) Section 401 water quality certification (WQC) for the above project. Section 401(a)(1) of the CWA requires applicants for Federal permits and licenses that may result in any discharge into waters of the United States to obtain certification or waiver from the certifying authority where the discharge would originate.
The EPA acts as the certifying authority in areas of Indian country[1] on behalf of those Tribes that have not received treatment in a similar manner as a state (TAS) for Section 401, in this case the Ute Indian Tribe of the Uintah and Ouray Reservation.
The EPA will act on this certification request by either: (1) granting certification; (2) granting certification with conditions; (3) denying certification; or (4) expressly waiving certification consistent with CWA Section 401 and the EPA’s implementing regulations at 40 CFR 121.
The proposed project would be covered under U.S. Army Corps of Engineers (USACE) CWA Section 404 Nationwide Permit (NWP) 3. NWP 3 authorizes discharges of dredged or fill material into non-tidal waters of the United States for repair, rehabilitation or replacement of any previously authorized, currently serviceable structure or fill; the removal of previously authorized structures or fills, the removal of accumulated sediments and debris within, and in the immediate vicinity of the structure or fill, and work necessary to make the repair; and, rehabilitation or replacement of currently serviceable structures or fills due to changes in materials, construction techniques, requirements of other regulatory agencies, or current construction codes or safety standards.
Applicant
Uintah Indian Irrigation Project (UIIP)
Project Location
40.197536, -109.916433 on the Uintah and Ouray Reservation
Waterways
Duchesne River
Project Description
The proposed project will replace an existing rock dam in the main channel of the Duchesne River with a concrete structure to divert water into the north channel of the Duchesne River, which supplies the Ouray School Canal further downstream. The purpose of the project is to provide reliable delivery of irrigation water and reduce maintenance that typically necessitates heavy equipment entering the river annually.
The new dam has a target elevation to maintain flows over the top of the weir during normal low flow scenarios. Deep footings will provide scour protection. The new dam will require less maintenance and is purported to ensure better flow in the main channel during the low-flow months and offer better fish passage (the existing structure has a shallow approach with water flowing through cobble, offering poor upstream routes).
Diversion construction will require a temporary coffer dam that will divert flow to the north channel of the Duchesne River and dewater the main channel. A trench will be dug for concrete footings, forms will be used for pouring the structure, and rocks from the original dam will be used as backfill for the new structure. Construction is anticipated to take three weeks. Timing stipulations and spatial buffers will be applied to protect aquatic species and migratory birds.
The project will permanently impact approximately 0.1 acres of the Duchesne River below the ordinary high water mark and 0.03 acres of riparian wetlands along the riverbanks.
Public Comments
Submit comments as described in the “How to Comment” box at the righthand side of this webpage. The EPA must receive comments by 11:59 pm MST on April 11, 2025. If you cannot adequately address comments via email, please reach out to Jeffrey Ullman, R8CWA401@epa.gov and 303-312-6329 to discuss alternative arrangements.
At this time there is no opportunity to review the submitted material and documents in person at an EPA office. These documents are only available electronically and can be provided upon request. Notification and details of any public comment period extension will be posted at the public comment web page address only. Interested parties on our email list will also be notified by email.
Public Hearings
Any person may request, in writing, within the comment period specified in this notice, that a public hearing be held to consider this application. If the Administrator, in his or her discretion, determines that a public hearing is appropriate or necessary, the EPA will schedule a public hearing. You may request a public hearing using the information in the “How to Comment” box on the righthand side of this webpage.
Project Applicant
Uintah Indian Irrigation Project
Cameron Cuch, Chairman (Camcuch7@gmail.com)
Authorized Agent
Jones & DeMille Engineering
Jenna Jorgensen (Jenna.j@jonesanddemille.com)
(435) 896-8266
[1] Indian country is defined in 18 U.S.C. Section 1151. Indian country generally includes (1) lands within the exterior boundaries of Indian reservations; (2) any land held in trust by the United States for an Indian tribe; and (3) any other areas that are “Indian country” within the meaning of 18 U.S.C. Section 1151.