§ 25-8-203 — Classification of state waters

(1) The commission may classify
state waters.

(2) The types of classes shall be determined by regulations and may be
based upon or intended to indicate or describe any relevant characteristic, such as:

(a) The existing extent of pollution or the maximum extent of pollution to be
tolerated as a goal;

(b) Whether or not pollution arises from natural sources;

(c) Present beneficial uses of the water, or the beneficial uses that may be
reasonably expected in the future for which the water is suitable in its present
condition, or the beneficial uses for which it is to become suitable as a goal;

(d) The character and uses of the land area bordering the water;

(e) The need to protect the quality of the water for beneficial uses such as
domestic, agricultural, municipal, and industrial uses, the protection and
propagation of fish and wildlife, recreation, drinking water, or such beneficial uses
as the commission deems consistent with the policies of section 25-8-102 and the
need to minimize negative impacts on water rights;

(f) The type and character of the water, such as surface or subsurface, lake
or stream, together with volume, flow, depth, stream gradient, temperature, surface
area involved, and daily or seasonal variability of any of such characteristics.
Waters in ditches and other man-made conveyance structures shall not be
classified, and water quality standards shall not be applied to them but may be
utilized for purposes of discharge permits.

(3) The particular class into which any particular segment of state waters is
placed shall be determined by regulation.

Legislative History

Source: L. 81: Entire article R&RE, p. 1317, � 1, effective July 1. L. 85: (2)(e) amended, p. 906, � 3, effective June 4.