(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:
The existing extent of pollution or the maximum extent of pollution to be tolerated asa goal;
Whether or not pollution arises from natural sources;
Present beneficial uses of the water, or the beneficial uses that may be reasonablyexpected 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;
The character and uses of the land area bordering the water;
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;
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.
Source: L. 81: Entire article R&RE, p. 1317, § 1, effective July 1. L. 85: (2)(e) amended, p. 906, § 3, effective June 4.
Cross references: For circumstances that will result in the repeal of this section, see § 25-8-507.