Public Notice: Water Quality Certification for the Whiterocks Diversion Rehabilitation Project on the Uintah and Ouray Reservation

Summary

The U.S. Environmental Protection Agency (EPA) received a request from the Uintah Water Conservancy District for a Clean Water Act (CWA) Section 401 water quality certification (WQC) for the above project. Section. 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. 

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. 

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 for each NWP 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 the discharge of dredged and/or fill material into waters of the United States for repair, rehabilitation or replacement of any previously authorized, currently serviceable structure or fill in waters of the United States under section 404 of the CWA and section 10 of the Rivers and Harbors Act of 1899..

Project Description

Applicant’s Name

Uintah Water Conservancy District

Project Location

40.49025, -109.91230 on the Uintah and Ouray Reservation

Waterways

Whiterocks River

The proposed project will replace an existing concrete diversion structure on the Whiterocks River that supplies water to the Whiterocks Canal. The Whiterocks Canal supplies water to the Tridell Water Treatment Plant, which serves 516 culinary water connections in the Tridell-Lapoint Water Improvement District and 205 agricultural producers irrigating 6,700 acres. The purpose of the project is to provide reliable delivery of water to the Whiterocks Canal, which is at risk due to the degraded state of the diversion structure.

The existing concrete structure will be completely removed and replaced with a new concrete diversion. The span across the Whiterocks River will be 40-feet wide and incorporate a 6-foot-high by 8-foot-wide radial gate, while the 14-foot span across the canal will have two 4-foot by 4-foot slide gates and a 30-inch round slide gate. Deep footings will provide scour protection. Fish passage will be maintained through management of the respective gates. An existing concrete flume approximately 300-feet downstream from the canal structure will be completely removed. It will be replaced with a new concrete Parshall flume located approximately 150 feet downstream of the diversion. 

Construction will require a temporary coffer dam that will direct the river flow into a temporary channel dug to the west of the diversion that will empty back into the Whiterocks River immediately downstream of the construction footprint. No water will flow into the Whiterocks Canal during construction, and arrangements have been made to supply water to the water treatment plant during this period.

The project will permanently impact approximately 0.186 acres of the Whiterocks River below the ordinary high water mark.

Public Comments

Submit comments as described in the “How to Comment” box at the righthand side of this webpage. EPA must receive comments by 11:59 pm on December 10, 2025.

All comments received prior to the end of the comment period will be considered in the preparation of the Clean Water Action Section 401 Water Quality Certification and will be part of the administrative record. Contact Jeffrey Ullman, R8CWA401@epa.gov and 303-312-6329 to request additional information, public notice updates, submit comments or provide additional information relevant to this certification.

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.

Notice of any extension of the comment period will be published on this page and sent to those who have requested updates.

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 n the “How to Comment” box on the righthand side of this webpage.

Project Applicant

Uintah Water Conservancy District
William Merkley (wmerkley@uwcd.org)

Authorized Agent

Jones & DeMille Engineering
Dusty Carpenter (dusty.c@jonesanddemille.com)