Ariz. Admin. Code § 18-11-112

Current through Register Vol. 30, No. 25, June 21, 2024

Section R18-11-112 - Outstanding Arizona Waters

A. The Director shall classify a surface water as an outstanding Arizona water (OAW) by rule.

B. The Director may adopt, under R18-11-115, a site-specific standard to maintain and protect existing water quality in an OAW.

C. Any person may nominate a surface water for classification as an OAW by filing a nomination with the Director. The nomination shall include:

1. A map and a description of the surface water;

2. A written statement in support of the nomination, including specific reference to the applicable criteria for an OAW classification prescribed in subsection (D);

3. Supporting evidence demonstrating that the criteria prescribed in subsection (D) are met; and

4. Available water quality data relevant to establishing the baseline water quality of the proposed OAW.

D. The Director may classify a surface water as an OAW based upon the following criteria:

1. The surface water is a perennial or intermittent water;

2. The surface water is in a free-flowing condition. For purposes of this subsection, "in a free-flowing condition" means that a surface water does not have an impoundment, diversion, channelization, rip-rapping or other bank armor, or another hydrological modification within the reach nominated for an OAW classification;

3. The surface water has good water quality. For purposes of this subsection, "good water quality" means that the surface water has water quality that meets or is better than applicable surface water quality standards. A surface water that is listed as impaired under R18-11-604(E) is ineligible for OAW classification; and

4. The surface water meets one or both of the following conditions:

a. The surface water is of exceptional recreational or ecological significance because of its unique attributes, such as the geology, flora and fauna, water quality, aesthetic value, or the wilderness characteristic of the surface water;

b. An endangered or threatened species is associated with the surface water and the existing water quality is essential to the species' maintenance and propagation or the surface water provides critical habitat for the threatened or endangered species. An endangered or threatened species is identified in "Endangered and Threatened Wildlife," 50 CFR 17.11 (revised 2005), and "Endangered and Threatened Plants," 50 CFR 17.12 (revised 2005). This material is incorporated by reference and does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 West Washington Street, Phoenix, Arizona 85007 or may be obtained from the National Archives and Records Administration at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html#page1.

E. The Director shall hold at least one public meeting in the local area of a surface water that is nominated for classification as an OAW to solicit public comment on the nomination.

F. The Director shall consider the following factors when deciding whether to classify a surface water as an OAW:

1. Whether there is the ability to manage the surface water and its watershed to maintain and protect existing water quality;

2. The social and economic impact of Tier 3 antidegradation protection;

3. The public comments in support of, or in opposition to, an OAW classification;

4. The timing of the nomination relative to the triennial review of surface water quality standards;

5. The consistency of an OAW classification with applicable water quality management plans; and

6. Whether the nominated surface water is located within a national or state park, national monument, national recreation area, wilderness area, riparian conservation area, area of critical environmental concern, or it has another special use designation (for example, Wild and Scenic River).

G. The following surface waters are classified as OAWs:

1. The West Fork of the Little Colorado River, from its headwaters to Government Springs (approximately 9.1 river miles);

2. Oak Creek, from its headwaters to its confluence with the Verde River (approximately 50.3 river miles);

3. West Fork of Oak Creek, from its headwaters to its confluence with Oak Creek approximately 15.8 river miles);

4. Peeples Canyon Creek, from its headwaters to its confluence with the Santa Maria River (approximately 8.1 river miles);

5. Burro Creek, from its headwaters at to its confluence with Boulder Creek (approximately 29.5 miles);

6. Francis Creek, from its headwaters at to its confluence with Burro Creek (approximately 22.9 river miles);

7. Bonita Creek, from its boundary of the San Carlos Indian Reservation to its confluence with the Gila River (approximately 14.7 river miles);

8. Cienega Creek, from its confluence with Gardner Canyon to the USGS gaging station (#09484600) (approximately 28.3 river miles);

9. Aravaipa Creek, from its confluence with Stowe Gulch to the downstream boundary of the Aravaipa Canyon Wilderness Area (approximately 15.5 river miles);

10. Cave Creek, from its headwaters to the Coronado National Forest boundary (approximately 10.4 river miles);

11. South Fork of Cave Creek, from its headwaters to its confluence with Cave Creek (approximately 8.6 river miles);

12. Buehman Canyon Creek, from its headwaters to its confluence with unnamed tributary at 32°24'31"/110°32'08" (approximately 9.8 river miles);

13. Lee Valley Creek, from its headwaters " to Lee Valley Reservoir (approximately 1.6 river miles);

14. Bear Wallow Creek, from its headwaters to the boundary of the San Carlos Indian Reservation (approximately 4.25 river miles);

15. North Fork of Bear Wallow Creek, from its headwaters to its confluence with Bear Wallow Creek (approximately 3.8 river miles);

16. South Fork of Bear Wallow Creek, from its headwaters to its confluence with Bear Wallow Creek (approximately 3.8 river miles);

17. Snake Creek, from its headwaters to its confluence with the Black River (approximately 6.2 river miles);

18. Hay Creek, from its headwaters to its confluence with the West Fork of the Black River (approximately 5.5 river miles);

19. Stinky Creek, from the White Mountain Apache Indian Reservation boundary to its confluence with the West Fork of the Black River (approximately 3.0 river miles);

20. KP Creek, from its headwaters to its confluence with the Blue River (approximately 12.7 river miles);

21. Davidson Canyon, from the unnamed spring at 31°59'00"/110°38'49" to its confluence with Cienega Creek; and

22. Fossil Creek, from its headwaters at the confluence of Sandrock and Calf Pen Canyons above Fossil Springs to its confluence with the Verde River (approximately 17.2 river miles).

Ariz. Admin. Code § R18-11-112

Adopted effective February 18, 1992 (Supp. 92-1). Amended effective April 24, 1996 (Supp. 96-2). Added "water quality standards" to R18-11-112, previously omitted in error (Supp. 96-3). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4). Amended by final rulemaking at 22 A.A.R. 2328, effective 8/2/2016.