Section 327IAC2-1-3. Surface water use designations; multiple uses  


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  •    (a) The following water uses are designated by the environmental rules board:

    (1) Except as provided in subsection (c), surface waters of the state are designated for full body contact recreation as provided in section 6(d) of this rule.

    (2) All waters, except as described in subdivision (5), will be capable of supporting:

    (A) a well-balanced, warm water aquatic community; and

    (B) where natural temperatures will permit, put-and-take trout fishing.

    All waters capable of supporting the natural reproduction of trout as of February 17, 1977, shall be so maintained.

    (3) All waters that are used for public or industrial water supply must meet the standards for those uses at the points where the water is withdrawn. This use designation and its corresponding water quality standards are not to be construed as imposing a user restriction on those exercising or desiring to exercise the use.

    (4) All waters that are used for agricultural purposes must, as a minimum, meet the standards established in section 6(a) of this rule.

    (5) All waters in which naturally poor physical characteristics (including lack of sufficient flow), naturally poor chemical quality, or irreversible man-induced conditions, which came into existence before January 1, 1983, and having been established by use attainability analysis, public comment period, and hearing:

    (A) may qualify to be classified for limited use; and

    (B) must be evaluated for restoration and upgrading at each triennial review of this rule.

    Specific waters of the state designated for limited use are listed in section 11(a) of this rule.

      (b) Where multiple uses have been designated for a body of water, the most protective of all simultaneously applicable standards will apply.

      (c) A CSO wet weather limited use designation is established as a subcategory of the recreational use designation established under subsection (a). This subcategory shall be applied in accordance with section 3.1 of this rule. (Water Pollution Control Division; 327 IAC 2-1-3; filed Sep 24, 1987, 3:00 p.m.: 11 IR 580; filed Feb 1, 1990, 4:30 p.m.: 13 IR 1019; filed Jan 14, 1997, 12:00 p.m.: 20 IR 1348; filed Sep 6, 2007, 12:25 p.m.: 20071003-IR-327050218FRA; filed Nov 10, 2014, 1:51 p.m.: 20141210-IR-327130290FRA)