17.30.615    WATER-USE CLASSIFICATIONS AND DESCRIPTIONS - CONSTRUCTED DITCHES, SEASONAL AND SEMI-PERMANENT LAKES, AND EPHEMERAL STREAMS

(1) The water-use classifications for waters in constructed irrigation ditches and drain ditches that are state waters as defined in 75-5-103 , MCA, and the water-use classification for waters in ephemeral streams and seasonal and semi-permanent lakes and ponds are as follows:

(a) waters in constructed irrigation and drain ditches that contain controlled flows of surface water and are de-watered during the non-irrigation season� ............................................� D-1

(b) waters in constructed irrigation and drain ditches that contain controlled flows of surface water mixed with ground water� ............................................................................................� D-2

(c) ephemeral streams including ephemeral streams with flows that are periodically augmented by discharges from point sources� ..................................................................� E-1

(d) ephemeral streams with flows that are augmented by continuous discharges from point sources ................................................................................................................................... E-2

(e) seasonal lakes and ponds� ................................................................................� E-3

(f) semi-permanent lakes and ponds, not including reservoirs, that have an electrical conductivity (EC) less than 7,000 �S/cm� ...........................................................................� E-4

(g) semi-permanent lakes and ponds, not including reservoirs, that seasonally have an EC equal to or greater than 7,000 �S/cm� ................................................................................� E-5

(h) streams with low or sporadic flow that, because of natural hydro-geomorphic and hydrologic conditions, are not able to support fish� ............................................................� F-1

(2) Prior to reclassifying a specific water body classified in ARM 17.30.607 through 17.30.614 under one of the water-use classifications identified in (1) (a) through (h) and before the U.S. Environmental Protection Agency's approval of the water body's revised classification, a use attainability analysis must be conducted in accordance with 40 CFR 131.10(g) , (h) , and (j) .

History: 75-5-301, MCA; IMP, 75-5-301, MCA; NEW, 2002 MAR p. 2196, Eff. 8/16/02; AMD, 2004 MAR p. 725, Eff. 4/9/04; AMD, 2006 MAR p. 528, Eff. 2/24/06.