This regulation presents a classification system which establishes beneficial use categories together with basic standards (section 31.11), an antidegradation rule (section 31.8), and numeric tables which define the conditions generally necessary to maintain and attain such beneficial uses. In addition, it establishes procedures for classifying the waters of the state, for assigning water quality standards, and for continued review of the classifications and standards.
The classifications set forth in section 31.13 will be assigned by applying the system to specific state surface waters, in accordance with proper procedures, including public hearings. The basic standards and the antidegradation rule will apply to all state surface waters at the effective date of this regulation. Whenever a specific stream segment or body of water receives a classification for one or more of the uses, additional numeric standards may be assigned. When appropriate, achieving water quality standards through innovative solutions or management approaches may be implemented through control regulations, TMDLs, Waste Load Allocations, antidegradation reviews, and permits. All classified uses will be protected. This does not mean that any entity has the right to rely on the presence of specific pollutants in the stream even though those pollutants may be utilized by the entity.
In assigning classifications and standards, the Commission shall take into consideration the water quality classifications and standards of downstream waters and shall ensure that as implemented through its policies, the water quality classifications and standards of downstream waters will be attained and maintained.
Water quality standards, temporary modifications of numeric standards, and classifications shall be reviewed at least once every three (3) years and revised where appropriate. No provisions of this regulation shall be interpreted so as to supersede, abrogate, or impair rights to divert water and apply water to beneficial uses..
5 CCR 1002-31.3