2005 Idaho Code - 39-3604 — DESIGNATION OF INSTREAM BENEFICIAL USES

                                  TITLE  39
                              HEALTH AND SAFETY
                                  CHAPTER 36
                                WATER QUALITY
    39-3604.  DESIGNATION OF INSTREAM BENEFICIAL USES. For each surface water
body, the director shall designate, pursuant to chapter 52, title 67, Idaho
Code, and specifically list in the rules of the department, the beneficial use
which that water body can reasonably be expected to support without regard to
whether that use is fully supported at the time of such designation.  In
making such designations, the director shall consider the existing use of the
water body and such physical, geological, chemical and biological measures as
may affect the water body and shall make such designations utilizing fully the
public participation provisions set forth in this chapter. Designated uses as
set forth in this chapter shall fully support existing uses. Designations of
beneficial uses shall be reviewed as necessary and revised when such physical,
chemical or biological measures indicate the need to do so.  In revising a
designated beneficial use, the director shall consider the economic impact of
the revision and the economic costs required to fully support the revised
designated beneficial use. There shall be no requirement for persons who
either conduct nonpoint activities or who conduct operations on waters
described in section 39-3609, Idaho Code, pursuant to a national pollution
discharge elimination system permit to meet water quality criteria other than
those necessary for the full support of the existing beneficial use for the
water body pertinent to either the nonpoint activity or point source permit in
question, except as provided in section 39-3611, Idaho Code.