75-5-316. Outstanding resource water classification -- rules -- criteria -- limitations -- procedure. (1) As provided under the provisions of 75-5-301 and this section, the board may adopt rules regarding the classification of waters as outstanding resource waters. Neither this section nor rules adopted pursuant to this section apply to an activity that is identified as nonsignificant under 75-5-301(5)(c) and that is exempted from nondegradation review required under 75-5-303.
     (2) The department may not:
     (a) grant an authorization to degrade under 75-5-303 in outstanding resource waters; or
     (b) grant an authorization to degrade if that authorization would cause significant degradation, as defined by board rules adopted under 75-5-301(5), in outstanding resource waters.
     (3) (a) A person may petition the board for rulemaking to classify waters as outstanding resource waters. The board shall initially review a petition against the criteria identified in subsection (3)(c) to determine whether the petition contains sufficient credible information for the board to accept the petition.
     (b) The board may reject a petition without further review if it determines that the petition does not contain the sufficient credible information required by subsection (3)(a). If the board rejects a petition under this subsection (3)(b), it shall specify in writing the reasons for the rejection and the petition's deficiencies.
     (c) The board may not adopt a rule classifying state waters as outstanding resource waters until it accepts a petition and finds that, based on a preponderance of the evidence:
     (i) the waters identified in the petition constitute an outstanding resource based on the criteria provided in subsection (4);
     (ii) the classification is necessary to protect the outstanding resource identified under subsection (3)(a); and
     (iii) there is no other effective process available that will achieve the necessary protection.
     (4) The board shall consider the following criteria in determining whether certain state waters are outstanding resource waters. However, the board may determine that compliance with one or more of these criteria is insufficient to warrant classification of the water as an outstanding resource water. The board shall consider:
     (a) whether the waters have been designated as wild and scenic;
     (b) the presence of endangered or threatened species in the waters;
     (c) the presence of an outstanding recreational fishery in the waters;
     (d) whether the waters provide the only source of suitable water for a municipality or industry;
     (e) whether the waters provide the only source of suitable water for domestic water supply; and
     (f) other factors that indicate outstanding environmental or economic values not specifically mentioned in this subsection (4).
     (5) After acceptance of a petition, the board shall require the preparation of an environmental impact statement, as provided under Title 75, chapter 1, part 2, when classification as an outstanding resource water may cause significant adverse impacts to the environment, including significant adverse impacts to social or economic values.
     (6) The board shall consult with other relevant state agencies when reviewing outstanding resource water classification petitions.
     (7) (a) In accordance with 2-4-315, the board may deny an accepted outstanding resource water classification petition if it finds that:
     (i) the requirements of subsection (3) have not been met; or
     (ii) based on information available to the board from the environmental impact statement or otherwise, approving the outstanding resource waters classification petition would cause significant adverse environmental, social, or economic impacts.
     (b) If the board denies the petition, it shall identify its reasons for petition denial.
     (8) A rule classifying state waters as outstanding resource waters under this section may be adopted but is not effective until approved by the legislature.
     (9) The board may not postpone or deny an application for an authorization to degrade state waters under 75-5-303 based on pending:
     (a) board action on an outstanding resource water classification petition regarding those waters; or
     (b) legislative approval of board action designating those waters as outstanding resource waters.

     History: En. Sec. 3, Ch. 501, L. 1995.