HEALTH AND SAFETY
39-3604. Designation of instream beneficial uses. (1) The director shall designate the beneficial uses each surface water body can reasonably be expected to attain.
(2) Designated beneficial uses shall reflect existing uses. The director shall designate beneficial uses without regard to whether the uses are currently being attained or whether the uses are fully supported at the time of designation. In designating beneficial uses, the director shall consider:
(a) The existing uses of the water body;
(b) The physical, geological, hydrological, atmospheric, chemical and biological measures that affect the water body;
(c) The beneficial use attainability measures identified in section 39-3607, Idaho Code; and
(d) The economic impact of the designation and the economic costs required to fully support the beneficial uses.
(3) When designating beneficial uses for a water body, the director shall consult with the basin advisory group and the watershed advisory group with the responsibilities described in this chapter for the water body. After consultation, the director shall identify the designated beneficial uses of each water body in the rules of the department pursuant to the rulemaking and public participation provisions of chapter 52, title 67, Idaho Code.
(4) Persons who either conduct nonpoint activities or who conduct operations on waters described in section 39-3609, Idaho Code, pursuant to a national pollution discharge elimination system permit, shall not be required to meet water quality criteria other than those necessary for the full support of a water body’s existing and designated beneficial uses, except as provided in section 39-3611, Idaho Code.
[39-3604, added 1995, ch. 352, sec. 1, p. 1170; am. 1997, ch. 279, sec. 2, p. 832; am. 2013, ch. 348, sec. 2, p. 945.]