17-481. Application of aquatic poisons; analysis; notice; exceptions

A. The department shall not apply rotenone or antimycin A for any purpose to any spring, seep, watershed, stream, river, stockpond, irrigation water delivery system, lake or other body of standing or running water in this state until conducting and submitting to the commission a full impact analysis of any risks posed to the environment and to downstream potable water supplies and livestock water sources. On receipt and review of the analysis, the commission shall issue either:

1. A written approval if the commission finds the application will not endanger the health of the environment, humans or livestock.

2. A written disapproval of the analysis.

B. The department must:

1. Provide at least ten days' advance written notice to all owners, lessees and permittees of real property, including federal and state public lands that are contiguous with the treatment area as defined in the impact analysis, and publish general notice in two publications in a daily or weekly newspaper of general circulation in the general area in which the rotenone or antimycin A will be applied.

2. Conduct soil and water analyses:

(a) Before applying rotenone or antimycin A to establish baseline levels.

(b) After application to monitor downstream levels in soil, potable water supplies and livestock water sources. The department shall continue to monitor the downstream levels until they return to pretreatment baseline levels.

C. This article does not apply if the application is both:

1. To a reservoir, or to a water body for purposes of operating a reservoir or delivering water from a reservoir or system of reservoirs, that has a capacity of at least ten thousand acre feet, or to the Colorado river below and including Lake Mead.

2. Pursuant to a federally issued incidental take permit pursuant to the federal endangered species act.