Waters are classified according to the uses for which they are presently suitable or intended to become suitable. In addition to the classifications, one or more of the qualifying designations described in section 31.13 , may be appended. Classifications may be established for any state surface waters, except that water in ditches and other manmade conveyance structures shall not be classified.
These surface waters are used for primary contact recreation or have been used for such activities since November 28, 1975.
These surface waters have the potential to be used for primary contact recreation. This classification shall be assigned to water segments for which no use attainability analysis has been performed demonstrating that a recreation class N classification is appropriate, if a reasonable level of inquiry has failed to identify any existing primary contact uses of the water segment, or where the conclusion of a UAA is that primary contact uses may potentially occur in the segment, but there are no existing primary contact uses.
These surface waters are not suitable or intended to become suitable for primary contact recreation uses. This classification shall be applied only where a use attainability analysis demonstrates that there is not a reasonable likelihood that primary contact uses will occur in the water segment(s) in question within the next 20-year period.
These are surface waters whose quality is to be protected at the same level as existing primary contact use waters, but for which there has not been a reasonable level of inquiry about existing recreational uses and no recreation use attainability analysis has been completed. This shall be the default classification until inquiry or analysis demonstrates that another classification is appropriate.
These surface waters are suitable or intended to become suitable for irrigation of crops usually grown in Colorado and which are not hazardous as drinking water for livestock.
These surface waters presently support aquatic life uses as described below, or such uses may reasonably be expected in the future due to the suitability of present conditions, or the waters are intended to become suitable for such uses as a goal:
These are waters that (1) currently are capable of sustaining a wide variety of cold water biota, including sensitive species, or (2) could sustain such biota but for correctable water quality conditions. Waters shall be considered capable of sustaining such biota where physical habitat, water flows or levels, and water quality conditions result in no substantial impairment of the abundance and diversity of species.
These are waters that (1) currently are capable of sustaining a wide variety of warm water biota, including sensitive species, or (2) could sustain such biota but for correctable water quality conditions. Waters shall be considered capable of sustaining such biota where physical habitat, water flows or levels, and water quality conditions result in no substantial impairment of the abundance and diversity of species.
These are waters that are not capable of sustaining a wide variety of cold or warm water biota, including sensitive species, due to physical habitat, water flows or levels, or uncorrectable water quality conditions that result in substantial impairment of the abundance and diversity of species.
These surface waters are suitable or intended to become suitable for potable water supplies. After receiving standard treatment (defined as coagulation, flocculation, sedimentation, filtration, and disinfection with chlorine or its equivalent) these waters will meet Colorado drinking water regulations and any revisions, amendments, or supplements thereto.
The following qualifiers may be appended to any classification to indicate special considerations. Where a qualifier applies, it will be appended to the use classification; for example, "Class 1, Warm Water Aquatic Life (Goal)".
A qualifier which indicates that the waters are presently not fully suitable but are intended to become fully suitable for the classified use. "Goal" will be used to indicate that a temporary modification for one or more of the underlying numeric standards has been granted.
A qualifier which indicates that the water may only be suitable for a classified use during certain periods of the year. During those periods when water is in the stream, the standards as defined in sections 31.7(1)(b) and 31.9(1) shall apply.
A qualifier which indicates that due to natural or human induced conditions the continuity of flow is broken not necessarily according to a seasonal schedule. This qualifier appended to a classification indicates that the flow conditions still permit the classified use during period of flow. The presence of water diversions in a stream does not change the classifications and standards, and the standards do not require that flow be maintained in the stream.
In special cases where protection of beneficial uses requires standards not provided by the classification above, special standards may be assigned after full public notice and hearings. Cases where special protection may be needed include but are not limited to wildlife preserves and waterbodies endangered by eutrophication. In addition, the Commission may adopt site-specific criteria-based standards based on site-specific analyses to protect agriculture, water supply or recreational uses.
5 CCR 1002-31.13