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Environmental Quality - Water Quality - Standards of Quality for Waters of the State


Published: 2020-12-03

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R317. Environmental Quality, Water Quality.
R317-2. Standards of Quality for Waters of the State.
R317-2-1A. Statement of Intent.
Whereas the pollution of the waters of this state constitute a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of water, and whereas such pollution is contrary to the best interests of the state and its policy for the conservation of the water resources of the state, it is hereby declared to be the public policy of this state to conserve the waters of the state and to protect, maintain and improve the quality thereof for public water supplies, for the propagation of wildlife, fish and aquatic life, and for domestic, agricultural, industrial, recreational and other legitimate beneficial uses; to provide that no waste be discharged into any waters of the state without first being given the degree of treatment necessary to protect the legitimate beneficial uses of such waters; to provide for the prevention, abatement and control of new or existing water pollution; to place first in priority those control measures directed toward elimination of pollution which creates hazards to the public health; to insure due consideration of financial problems imposed on water polluters through pursuit of these objectives; and to cooperate with other agencies of the state, agencies of other states and the federal government in carrying out these objectives.
R317-2-1B. Authority.
These standards are promulgated pursuant to Sections 19-5-104 and 19-5-110.
R317-2-1C. Triennial Review.
The water quality standards shall be reviewed and updated, if necessary, at least once every three years. The Director will seek input through a cooperative process from stakeholders representing state and federal agencies, various interest groups, and the public to develop a preliminary draft of changes. Proposed changes will be presented to the Water Quality Board for information. Informal public meetings may be held to present preliminary proposed changes to the public for comments and suggestions. Final proposed changes will be presented to the Water Quality Board for approval and authorization to initiate formal rulemaking. Public hearings will be held to solicit formal comments from the public. The Director will incorporate appropriate changes and return to the Water Quality Board to petition for formal adoption of the proposed changes following the requirements of the Utah Rulemaking Act, Title 63G, Chapter 3.
R317-2-2. Scope.
These standards shall apply to all waters of the state and shall be assigned to specific waters through the classification procedures prescribed by Sections 19-5-104(5) and 19-5-110 and R317-2-6.
R317-2-3. Antidegradation Policy.
3.1 Maintenance of Water Quality
Waters whose existing quality is better than the established standards for the designated uses will be maintained at high quality unless it is determined by the Director, after appropriate intergovernmental coordination and public participation in concert with the Utah continuing planning process, allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located. However, existing instream water uses shall be maintained and protected. No water quality degradation is allowable which would interfere with or become injurious to existing instream water uses.
In those cases where potential water quality impairment associated with a thermal discharge is involved, the antidegradation policy and implementing method shall be consistent with Section 316 of the Federal Clean Water Act.
3.2 Category 1 Waters
Waters which have been determined by the Board to be of exceptional recreational or ecological significance or have been determined to be a State or National resource requiring protection, shall be maintained at existing high quality through designation, by the Board after public hearing, as Category 1 Waters. New point source discharges of wastewater, treated or otherwise, are prohibited in such segments after the effective date of designation. Protection of such segments from pathogens in diffuse, underground sources is covered in R317-5 and R317-7 and the rules for Individual Wastewater Disposal Systems (R317-501 through R317-515). Other diffuse sources (nonpoint sources) of wastes shall be controlled to the extent feasible through implementation of best management practices or regulatory programs.
Discharges may be allowed where pollution will be temporary and limited after consideration of the factors in R317-2-3.5.b.4., and where best management practices will be employed to minimize pollution effects.
Waters of the state designated as Category 1 Waters are listed in R317-2-12.1.
3.3 Category 2 Waters
Category 2 Waters are designated surface water segments which are treated as Category 1 Waters except that a point source discharge may be permitted provided that the discharge does not degrade existing water quality. Discharges may be allowed where pollution will be temporary and limited after consideration of the factors in R317-2-.3.5.b.4., and where best management practices will be employed to minimize pollution effects. Waters of the state designated as Category 2 Waters are listed in R317-2-12.2.
3.4 Category 3 Waters
For all other waters of the state, point source discharges are allowed and degradation may occur, pursuant to the conditions and review procedures outlined in Section 3.5.
3.5 Antidegradation Review (ADR)
An antidegradation review will determine whether the proposed activity complies with the applicable antidegradation requirements for receiving waters that may be affected.
An antidegradation review (ADR) may consist of two parts or levels. A Level I review is conducted to insure that existing uses will be maintained and protected.
Both Level I and Level II reviews will be conducted on a parameter-by-parameter basis. A decision to move to a Level II review for one parameter does not require a Level II review for other parameters. Discussion of parameters of concern is those expected to be affected by the proposed activity.
Antidegradation reviews shall include opportunities for public participation, as described in Section 3.5e.
a. Activities Subject to Antidegradation Review (ADR)
1. For all State waters, antidegradation reviews will be conducted for proposed federally regulated activities, such as those under Clean Water Act Sections 401 (FERC and other Federal actions), 402 (UPDES permits), and 404 (Army Corps of Engineers permits). The Director may conduct an ADR on any projects with the potential for major impact on the quality of waters of the state. The review will determine whether the proposed activity complies with the applicable antidegradation requirements for the particular receiving waters that may be affected.
2. For Category 1 Waters and Category 2 Waters, reviews shall be consistent with the requirement established in Sections 3.2 and 3.3, respectively.
3. For Category 3 Waters, reviews shall be consistent with the requirements established in this section
b. An Anti-degradation Level II review is not required where any of the following conditions apply:
1. Water quality will not be lowered by the proposed activity or for existing permitted facilities, water quality will not be further lowered by the proposed activity, examples include situations where:
(a) the proposed concentration-based effluent limit is less than or equal to the ambient concentration in the receiving water during critical conditions; or
(b) a UPDES permit is being renewed and the proposed effluent concentration and loading limits are equal to or less than the concentration and loading limits in the previous permit; or
(c) a UPDES permit is being renewed and new effluent limits are to be added to the permit, but the new effluent limits are based on maintaining or improving upon effluent concentrations and loads that have been observed, including variability; or
2. Assimilative capacity (based upon concentration) is not available or has previously been allocated, as indicated by water quality monitoring or modeling information. This includes situations where:
(a) the water body is included on the current 303(d) list for the parameter of concern; or
(b) existing water quality for the parameter of concern does not satisfy applicable numeric or narrative water quality criteria; or
(c) discharge limits are established in an approved TMDL that is consistent with the current water quality standards for the receiving water (i.e., where TMDLs are established, and changes in effluent limits that are consistent with the existing load allocation would not trigger an antidegradation review).
Under conditions (a) or (b) the effluent limit in an UPDES permit may be equal to the water quality numeric criterion for the parameter of concern.
3. Water quality impacts will be temporary and related only to sediment or turbidity and fish spawning will not be impaired,
4. The water quality effects of the proposed activity are expected to be temporary and limited. As general guidance, CWA Section 402 general discharge permits, CWA Section 404 general permits, or activities of short duration, will be deemed to have a temporary and limited effect on water quality where there is a reasonable factual basis to support such a conclusion. Factors to be considered in determining whether water quality effects will be temporary and limited may include the following:
(a) Length of time during which water quality will be lowered.
(b) Percent change in ambient concentrations of pollutants of concern
(c) Pollutants affected
(d) Likelihood for long-term water quality benefits to the segment (e.g., dredging of contaminated sediments)
(e) Potential for any residual long-term influences on existing uses.
(f) Impairment of the fish spawning, survival and development of aquatic fauna excluding fish removal efforts.
c. Anti-degradation Review Process
For all activities requiring a Level II review, the Division will notify affected agencies and the public with regards to the requested proposed activity and discussions with stakeholders may be held. In the case of Section 402 discharge permits, if it is determined that a discharge will be allowed, the Director will develop any needed UPDES permits for public notice following the normal permit issuance process.
The ADR will cover the following requirements or determinations:
1. Will all Statutory and regulatory requirements be met?
The Director will review to determine that there will be achieved all statutory and regulatory requirements for all new and existing point sources and all required cost-effective and reasonable best management practices for nonpoint source control in the area of the discharge. If point sources exist in the area that have not achieved all statutory and regulatory requirements, the Director will consider whether schedules of compliance or other plans have been established when evaluating whether compliance has been assured. Generally, the "area of the discharge" will be determined based on the parameters of concern associated with the proposed activity and the portion of the receiving water that would be affected.
2. Are there any reasonable less-degrading alternatives?
There will be an evaluation of whether there are any reasonable non-degrading or less degrading alternatives for the proposed activity. This question will be addressed by the Division based on information provided by the project proponent. Control alternatives for a proposed activity will be evaluated in an effort to avoid or minimize degradation of the receiving water. Alternatives to be considered, evaluated, and implemented to the extent feasible, could include pollutant trading, water conservation, water recycling and reuse, land application, total containment, etc.
For proposed UPDES permitted discharges, the following list of alternatives should be considered, evaluated and implemented to the extent feasible:
(a) innovative or alternative treatment options
(b) more effective treatment options or higher treatment levels
(c) connection to other wastewater treatment facilities
(d) process changes or product or raw material substitution
(e) seasonal or controlled discharge options to minimize discharging during critical water quality periods
(f) pollutant trading
(g) water conservation
(h) water recycle and reuse
(i) alternative discharge locations or alternative receiving waters
(j) land application
(k) total containment
(l) improved operation and maintenance of existing treatment systems
(m) other appropriate alternatives
An option more costly than the cheapest alternative may have to be implemented if a substantial benefit to the stream can be realized. Alternatives would generally be considered feasible where costs are no more than 20% higher than the cost of the discharging alternative, and (for POTWs) where the projected per connection service fees are not greater than 1.4% of MAGHI (median adjusted gross household income), the current affordability criterion now being used by the Water Quality Board in the wastewater revolving loan program. Alternatives within these cost ranges should be carefully considered by the discharger. Where State financing is appropriate, a financial assistance package may be influenced by this evaluation, i.e., a less polluting alternative may receive a more favorable funding arrangement in order to make it a more financially attractive alternative.
It must also be recognized in relationship to evaluating options that would avoid or reduce discharges to the stream, that in some situations it may be more beneficial to leave the water in the stream for instream flow purposes than to remove the discharge to the stream.
3. Does the proposed activity have economic and social importance?
Although it is recognized that any activity resulting in a discharge to surface waters will have positive and negative aspects, information must be submitted by the applicant that any discharge or increased discharge will be of economic or social importance in the area.
The factors addressed in such a demonstration may include, but are not limited to, the following:
(a) employment (i.e., increasing, maintaining, or avoiding a reduction in employment);
(b) increased production;
(c) improved community tax base;
(d) housing;
(e) correction of an environmental or public health problem; and
(f) other information that may be necessary to determine the social and economic importance of the proposed surface water discharge.
4. The applicant may submit a proposal to mitigate any adverse environmental effects of the proposed activity (e.g., instream habitat improvement, bank stabilization). Such mitigation plans should describe the proposed mitigation measures and the costs of such mitigation. Mitigation plans will not have any effect on effluent limits or conditions included in a permit (except possibly where a previously completed mitigation project has resulted in an improvement in background water quality that affects a water quality-based limit). Such mitigation plans will be developed and implemented by the applicant as a means to further minimize the environmental effects of the proposed activity and to increase its socio-economic importance. An effective mitigation plan may, in some cases, allow the Director to authorize proposed activities that would otherwise not be authorized.
5. Will water quality standards be violated by the discharge?
Proposed activities that will affect the quality of waters of the state will be allowed only where the proposed activity will not violate water quality standards.
6. Will existing uses be maintained and protected?
Proposed activities can only be allowed if "existing uses" will be maintained and protected. No UPDES permit will be allowed which will permit numeric water quality standards to be exceeded in a receiving water outside the mixing zone. In the case of nonpoint pollution sources, the non-regulatory Section 319 program now in place will address these sources through application of best management practices to ensure that numeric water quality standards are not exceeded.
7. If a situation is found where there is an existing use which is a higher use (i.e., more stringent protection requirements) than that current designated use, the Director will apply the water quality standards and anti-degradation policy to protect the existing use. Narrative criteria may be used as a basis to protect existing uses for parameters where numeric criteria have not been adopted. Procedures to change the stream use designation to recognize the existing use as the designated use would be initiated.
d. Special Procedures for Drinking Water Sources
Depending upon the locations of the discharge and its proximity to downstream drinking water diversions, additional treatment or more stringent effluent limits or additional monitoring, beyond that which may otherwise be required to meet minimum technology standards or in stream water quality standards, may be required by the Director in order to adequately protect public health and the environment. Such additional treatment may include additional disinfection, suspended solids removal to make the disinfection process more effective, removal of any specific contaminants for which drinking water maximum contaminant levels (MCLs) exists, and/or nutrient removal to reduce the organic content of raw water used as a source for domestic water systems.
Additional monitoring may include analyses for viruses, Giardia, Cryptosporidium, other pathogenic organisms, and/or any contaminant for which drinking water MCLs exist. Depending on the results of such monitoring, more stringent treatment may then be required.
The additional treatment/effluent limits/monitoring which may be required will be determined by the Director after consultation with the Division of Drinking Water and the downstream drinking water users.
e. Public Notice
The public will be provided notice and an opportunity to comment on the conclusions of all completed antidegradation reviews. When possible, public notice on the antidegradation review conclusions will be combined with the public notice on the proposed permitting or certifying action. In the case of UPDES permits, public notice will be provided through the normal permitting process, as all draft permits are public noticed for 30 days, and public comment solicited, before being issued as a final permit. The Statement of Basis for the draft UPDES permit will contain information on how the ADR was addressed including results of the Level I and Level II reviews. In the case of Section 404 permits from the Corps of Engineers, the Division of Water Quality will develop any needed 401 Certifications and the public notice may be published in conjunction with the US Corps of Engineers public notice procedures. Other permits requiring a Level II review will receive a separate public notice according to the normal State public notice procedures. The public will be provided notice and an opportunity to comment whenever substantive changes are made to the implementation procedures referenced in Subsection R317-2-3.5.f.
f. Implementation Procedures
The Director shall establish reasonable protocols and guidelines (1) for completing technical, social, and economic need demonstrations, (2) for review and determination of adequacy of Level II ADRs and (3) for determination of additional treatment requirements. Protocols and guidelines will consider federal guidance and will include input from local governments, the regulated community, and the general public. The Director will inform the Water Quality Board of any protocols or guidelines that are developed.
R317-2-4. Colorado River Salinity Standards.
In addition to quality protection afforded by these rules to waters of the Colorado River and its tributaries, such waters shall be protected also by requirements of "Proposed Water Quality Standards for Salinity including Numeric Criteria and Plan of Implementation for Salinity Control, Colorado River System, June 1975" and a supplement dated August 26, 1975, entitled "Supplement, including Modifications to Proposed Water Quality Standards for Salinity including Numeric Criteria and Plan of Implementation for Salinity Control, Colorado River System, June 1975", as approved by the seven Colorado River Basin States and the U.S. Environmental Protection Agency, as updated by the 1978 Revision and the 1981, 1984, 1987, 1990, 1993, 1996, 1999, 2002, 2005, 2008, 2011, 2014, 2017, and 2020 reviews of the above documents.
R317-2-5. Mixing Zones.
A mixing zone is a limited portion of a body of water, contiguous to a discharge, where dilution is in progress but has not yet resulted in concentrations which will meet certain standards for all pollutants. At no time, however, shall concentrations within the mixing zone be allowed which are acutely lethal as determined by bioassay or other approved procedure. Mixing zones may be delineated for the purpose of guiding sample collection procedures and to determine permitted effluent limits. The size of the chronic mixing zone in rivers and streams shall not to exceed 2500 feet and the size of an acute mixing zone shall not exceed 50% of stream width nor have a residency time of greater than 15 minutes. Streams with a flow equal to or less than twice the flow of a point source discharge may be considered to be totally mixed. The size of the chronic mixing zone in lakes and reservoirs shall not exceed 200 feet and the size of an acute mixing zone shall not exceed 35 feet. Domestic wastewater effluents discharged to mixing zones shall meet effluent requirements specified in R317-1-3.
5.1 Individual Mixing Zones. Individual mixing zones may be further limited or disallowed in consideration of the following factors in the area affected by the discharge:
a. Bioaccumulation in fish tissues or wildlife,
b. Biologically important areas such as fish spawning/nursery areas or segments with occurrences of federally listed threatened or endangered species,
c. Potential human exposure to pollutants resulting from drinking water or recreational activities,
d. Attraction of aquatic life to the effluent plume, where toxicity to the aquatic life is occurring.
e. Toxicity of the substance discharged,
f. Zone of passage for migrating fish or other species (including access to tributaries), or
g. Accumulative effects of multiple discharges and mixing zones.
R317-2-6. Use Designations.
The Board as required by Section 19-5-110, shall group the waters of the state into classes so as to protect against controllable pollution the beneficial uses designated within each class as set forth below. Surface waters of the state are hereby classified as shown in R317-2-13.
6.1 Class 1 -- Protected for use as a raw water source for domestic water systems.
a. Class 1A -- Reserved.
b. Class 1B -- Reserved.
c. Class 1C -- Protected for domestic purposes with prior treatment by treatment processes as required by the Utah Division of Drinking Water
6.2 Class 2 -- Protected for recreational use and aesthetics.
a. Class 2A -- Protected for frequent primary contact recreation where there is a high likelihood of ingestion of water or a high degree of bodily contact with the water. Examples include, but are not limited to, swimming, rafting, kayaking, diving, and water skiing.
b. Class 2B -- Protected for infrequent primary contact recreation. Also protected for secondary contact recreation where there is a low likelihood of ingestion of water or a low degree of bodily contact with the water. Examples include, but are not limited to, wading, hunting, and fishing.
6.3 Class 3 -- Protected for use by aquatic wildlife.
a. Class 3A -- Protected for cold water species of game fish and other cold water aquatic life, including the necessary aquatic organisms in their food chain.
b. Class 3B -- Protected for warm water species of game fish and other warm water aquatic life, including the necessary aquatic organisms in their food chain.
c. Class 3C -- Protected for nongame fish and other aquatic life, including the necessary aquatic organisms in their food chain.
d. Class 3D -- Protected for waterfowl, shore birds and other water-oriented wildlife not included in Classes 3A, 3B, or 3C, including the necessary aquatic organisms in their food chain.
e. Class 3E -- Severely habitat-limited waters. Narrative standards will be applied to protect these waters for aquatic wildlife.
6.4 Class 4 -- Protected for agricultural uses including irrigation of crops and stock watering.
6.5 Class 5 -- The Great Salt Lake.
a. Class 5A Gilbert Bay
Geographical Boundary -- All open waters at or below approximately 4,208-foot elevation south of the Union Pacific Causeway, excluding all of the Farmington Bay south of the Antelope Island Causeway and salt evaporation ponds.
Beneficial Uses -- Protected for frequent primary and secondary contact recreation, waterfowl, shore birds and other water-oriented wildlife including their necessary food chain.
b. Class 5B Gunnison Bay
Geographical Boundary -- All open waters at or below approximately 4,208-foot elevation north of the Union Pacific Causeway and west of the Promontory Mountains, excluding salt evaporation ponds.
Beneficial Uses -- Protected for infrequent primary and secondary contact recreation, waterfowl, shore birds and other water-oriented wildlife including their necessary food chain.
c. Class 5C Bear River Bay
Geographical Boundary -- All open waters at or below approximately 4,208-foot elevation north of the Union Pacific Causeway and east of the Promontory Mountains, excluding salt evaporation ponds.
Beneficial Uses -- Protected for infrequent primary and secondary contact recreation, waterfowl, shore birds and other water-oriented wildlife including their necessary food chain.
d. Class 5D Farmington Bay
Geographical Boundary -- All open waters at or below approximately 4,208-foot elevation east of Antelope Island and south of the Antelope Island Causeway, excluding salt evaporation ponds.
Beneficial Uses -- Protected for infrequent primary and secondary contact recreation, waterfowl, shore birds and other water-oriented wildlife including their necessary food chain.
e. Class 5E Transitional Waters along the Shoreline of the Great Salt Lake Geographical Boundary -- All waters below approximately 4,208-foot elevation to the current lake elevation of the open water of the Great Salt Lake receiving their source water from naturally occurring springs and streams, impounded wetlands, or facilities requiring a UPDES permit. The geographical areas of these transitional waters change corresponding to the fluctuation of open water elevation.
Beneficial Uses -- Protected for infrequent primary and secondary contact recreation, waterfowl, shore birds and other water-oriented wildlife including their necessary food chain.
R317-2-7. Water Quality Standards.
7.1 Application of Standards
a. The numeric criteria listed in R317-2-14 shall apply to each of the classes assigned to waters of the State as specified in R317-2-6. It shall be unlawful and a violation of these rules for any person to discharge or place any wastes or other substances in such manner as may interfere with designated uses protected by assigned classes or to cause any of the applicable standards to be violated, except as provided in R317-1-3.1.
b. At a minimum, assessment of the beneficial use support for waters of the state will be conducted biennially and available for a 30-day period of public comment and review. Monitoring locations and target indicators of water quality standards shall be prioritized and published yearly. For water quality assessment purposes, up to 10 percent of the representative samples may exceed the minimum or maximum criteria for dissolved oxygen, pH, E. coli, total dissolved solids, and temperature, including situations where such criteria have been adopted on a site-specific basis.
c. Site-specific standards may be adopted by rulemaking where biomonitoring data, bioassays, or other scientific analyses indicate that the statewide criterion is over or under protective of the designated uses or where natural or un-alterable conditions or other factors as defined in 40 CFR 131.10(g) prevent the attainment of the statewide criteria as prescribed in Subsections R317-2-7.2, and R317-2-7.3, and Section R317-2-14.
7.2 Narrative Standards
It shall be unlawful, and a violation of these rules, for any person to discharge or place any waste or other substance in such a way as will be or may become offensive such as unnatural deposits, floating debris, oil, scum or other nuisances such as color, odor or taste; or cause conditions which produce undesirable aquatic life or which produce objectionable tastes in edible aquatic organisms; or result in concentrations or combinations of substances which produce undesirable physiological responses in desirable resident fish, or other desirable aquatic life, or undesirable human health effects, as determined by bioassay or other tests performed in accordance with standard procedures; or determined by biological assessments in Subsection R317-2-7.3.
7.3 Biological Water Quality Assessment and Criteria
Waters of the State shall be free from human-induced stressors which will degrade the beneficial uses as prescribed by the biological assessment processes and biological criteria set forth below:
a. Quantitative biological assessments may be used to assess whether the purposes and designated uses identified in R317-2-6 are supported.
b. The results of the quantitative biological assessments may be used for purposes of water quality assessment, including, but not limited to, those assessments required by 303(d) and 305(b) of the federal Clean Water Act (33 U.S.C. 1313(d) and 1315(b)).
c. Quantitative biological assessments shall use documented methods that have been subject to technical review and produce consistent, objective and repeatable results that account for methodological uncertainty and natural environmental variability.
d. If biological assessments reveal a biologically degraded water body, specific pollutants responsible for the degradation will not be formally published (i.e., Biennial Integrated Report, TMDL) until a thorough evaluation of potential causes, including nonchemical stressors (e.g., habitat degradation or hydrological modification or criteria described in 40 CFR 131.10 (g)(1 - 6) as defined by the Use Attainability Analysis process), has been conducted.
R317-2-8. Protection of Downstream Uses.
All actions to control waste discharges under these rules shall be modified as necessary to protect downstream designated uses.
R317-2-9. Intermittent Waters.
Failure of a stream to meet water quality standards when stream flow is either unusually high or less than the 7-day, 10-year minimum flow shall not be cause for action against persons discharging wastes which meet both the requirements of R317-1 and the requirements of applicable permits.
R317-2-10. Laboratory and Field Analyses.
10.1 Laboratory Analyses
All laboratory examinations of samples collected to determine compliance with these regulations shall be performed in accordance with standard procedures as approved by the Director by the Utah Office of State Health Laboratory, or by a laboratory certified by the Utah Department of Health.
10.2 Field Analyses
All field analyses to determine compliance with these rules shall be conducted in accordance with standard procedures specified by the Utah Division of Water Quality or with methods approved by the Director.
R317-2-11. Public Participation.
Public notices and public hearings will be held for the consideration, adoption, or amendment of the classifications of waters and standards of purity and quality. Public notices shall be published at least twice in a newspaper of general circulation in the area affected at least 30 days prior to any public hearing. The notice will be posted on a State public notice website at least 45 days before any hearing and a notice will be mailed at least 30 days before any hearing to the chief executive of each political subdivision and other potentially affected persons.
R317-2-12. Category 1 and Category 2 Waters.
12.1 Category 1 Waters.
In addition to assigned use classes, the following surface waters of the State are hereby designated as Category 1 Waters:
a. All surface waters geographically located within the outer boundaries of U.S. National Forests whether on public or private lands with the following exceptions:
1. Category 2 Waters as listed in R317-2-12.2.
2. Weber River, a tributary to the Great Salt Lake, in the Weber River Drainage from Uintah to Mountain Green.
b. Other surface waters, which may include segments within U.S. National Forests as follows:
1. Colorado River Drainage
Calf Creek and tributaries, from confluence with Escalante River to headwaters.
Sand Creek and tributaries, from confluence with Escalante River to headwaters.
Mamie Creek and tributaries, from confluence with Escalante River to headwaters.
Deer Creek and tributaries, from confluence with Boulder Creek to headwaters (Garfield County).
Indian Creek and tributaries, through Newspaper Rock State Park to headwaters.
2. Green River Drainage
Price River (Lower Fish Creek from confluence with White River to Scofield Dam.
Range Creek and tributaries, from confluence with Green River to headwaters.
Strawberry River and tributaries, from confluence with Red Creek to headwaters.
Ashley Creek and tributaries, from Steinaker diversion to headwaters.
Jones Hole Creek and tributaries, from confluence with Green River to headwaters.
Green River, from state line to Flaming Gorge Dam.
Tollivers Creek, from confluence with Green River to headwaters.
Allen Creek, from confluence with Green River to headwaters.
3. Virgin River Drainage
North Fork Virgin River and tributaries, from confluence with East Fork Virgin River to headwaters.
East Fork Virgin River and tributaries from confluence with North Fork Virgin River to headwaters.
4. Kanab Creek Drainage
Kanab Creek and tributaries, from irrigation diversion at confluence with Reservoir Canyon to headwaters.
5. Bear River Drainage
Swan Creek and tributaries, from Bear Lake to headwaters.
North Eden Creek, from Upper North Eden Reservoir to headwaters.
Big Creek and tributaries, from Big Ditch diversion to headwaters.
Woodruff Creek and tributaries, from Woodruff diversion to headwaters.
6. Weber River Drainage
Burch Creek and tributaries, from Harrison Boulevard in Ogden to headwaters.
Hardscrabble Creek and tributaries, from confluence with East Canyon Creek to headwaters.
Chalk Creek and tributaries, from Main Street in Coalville to headwaters.
Weber River and tributaries, from Utah State Route 32 near Oakley to headwaters.
7. Jordan River Drainage
City Creek and tributaries, from City Creek Water Treatment Plant to headwaters (Salt Lake County).
Emigration Creek and tributaries, from Hogle Zoo to headwaters (Salt Lake County).
Red Butte Creek and tributaries, from Foothill Boulevard in Salt Lake City to headwaters.
Parley's Creek and tributaries, from 13th East in Salt Lake City to headwaters.
Mill Creek and tributaries, from Wasatch Boulevard in Salt Lake City to headwaters.
Big Cottonwood Creek and tributaries, from Wasatch Boulevard in Salt Lake City to headwaters.
Little Willow Creek and tributaries, from diversion to headwaters (Salt Lake County.)
Bell Canyon Creek and tributaries, from Lower Bells Canyon Reservoir to headwaters (Salt Lake County).
South Fork of Dry Creek and tributaries, from Draper Irrigation Company diversion to headwaters (Salt Lake County).
8. Provo River Drainage
Upper Falls drainage above Provo City diversion (Utah County).
Bridal Veil Falls drainage above Provo City diversion (Utah County).
Lost Creek and tributaries, above Provo City diversion (Utah County).
9. Sevier River Drainage
Chicken Creek and tributaries, from diversion at canyon mouth to headwaters.
Pigeon Creek and tributaries, from diversion to headwaters.
East Fork of Sevier River and tributaries, from Kingston diversion to headwaters.
Parowan Creek and tributaries, from Parowan City to headwaters.
Summit Creek and tributaries, from Summit City to headwaters.
Braffits Creek and tributaries, from canyon mouth to headwaters.
Right Hand Creek and tributaries, from confluence with Coal Creek to headwaters.
10. Raft River Drainage
Clear Creek and tributaries, from state line to headwaters (Box Elder County).
Birch Creek (Box Elder County), from state line to headwaters.
Cotton Thomas Creek from confluence with South Junction Creek to headwaters.
11. Western Great Salt Lake Drainage
All streams on the south slope of the Raft River Mountains above 7000' mean sea level.
Donner Creek (Box Elder County), from irrigation diversion to Utah-Nevada state line.
Bettridge Creek (Box Elder County), from irrigation diversion to Utah-Nevada state line.
Clover Creek, from diversion to headwaters.
All surface waters on public land on the Deep Creek Mountains.
12. Farmington Bay Drainage
Holmes Creek and tributaries, from Highway US-89 to headwaters (Davis County).
Shepard Creek and tributaries, from Haight Bench diversion to headwaters (Davis County).
Farmington Creek and tributaries, from Haight Bench Canal diversion to headwaters (Davis County).
Steed Creek and tributaries, from Highway US-89 to headwaters (Davis County).
12.2 Category 2 Waters.
In addition to assigned use classes, the following surface waters of the State are hereby designated as Category 2 Waters:
a. Green River Drainage
Deer Creek, a tributary of Huntington Creek, from the forest boundary to 4800 feet upstream.
Electric Lake.
R317-2-13. Classification of Waters of the State (see R317-2-6).
13.1 Upper Colorado River Basin
a. Colorado River Drainage
TABLE
Paria River and tributaries, from
state line to headwaters 2B 3C 4
All tributaries to Lake Powell
except as listed below: 2B 3B 4
Tributaries to Escalante River
from confluence with Boulder
Creek to headwaters, including
Boulder Creek 2B 3A 4
Dirty Devil River and tributaries,
from Lake Powell to Fremont River 2B 3C 4
Deer Creek and tributaries, from
confluence with Boulder Creek to
headwaters 2B 3A 4
Fremont River and tributaries from
confluence with Muddy Creek to
Capitol Reef National Park, except
as listed below: 1C 2B 3C 4
Pleasant Creek and tributaries,
from confluence with Fremont
River to East boundary of Capitol
Reef National Park 2B 3C 4
Pleasant Creek and tributaries,
from East boundary of Capitol
Reef National Park to headwaters 1C 2B 3A
Fremont River and tributaries,
through Capitol Reef National
Park to headwaters 1C 2A 3A 4
Muddy Creek and tributaries, from
Confluence with Fremont River to
Highway U-10 crossing, except as
listed below 2B 3C 4
Muddy Creek from confluence
with Fremont River to
confluence with Ivie Creek 2B 3C 4*
Muddy Creek and tributaries from
the confluence with Ivie Creek
to U-10 2B 3C 4*
Ivie Creek and its tributaries
from the confluence with Muddy
Creek to the confluence with
Quitchupah Creek 2B 3C 4*
Ivie Creek and its tributaries
from the confluence with
Quitchapah Creek to U-10,
except as listed below: 2B 3C 4*
Quitchupah Creek from the
confluence with Ivie Creek
to U-10 2B 3C 4*
Quitchupah Creek and
tributaries, from Highway
U-10 crossing to headwaters 2B 3A 4
Ivie Creek and tributaries,
from Highway U-10 to headwaters 2B 3A 4
Muddy Creek and tributaries, from
Highway U-10 crossing to headwaters 1C 2B 3A 4
San Juan River and tributaries from
Lake Powell to state line except as
listed below: 1C 2A 3B 4
Johnson Creek and tributaries,
from confluence with Recapture
Creek to headwaters 1C 2B 3A 4
Verdure Creek and tributaries,
from Highway US-191 crossing to
headwaters 2B 3A 4
North Creek and tributaries, from
confluence with Montezuma Creek
to headwaters 1C 2B 3A 4
South Creek and tributaries, from
confluence with Montezuma Creek
to headwaters 1C 2B 3A 4
Spring Creek and tributaries,
from confluence with Vega Creek
to headwaters 2B 3A 4
Montezuma Creek and tributaries,
from U.S. Highway 191 to
headwaters 1C 2B 3A 4
Colorado River and tributaries, from
Lake Powell to state line except
as listed below: 1C 2A 3B 4
Indian Creek and tributaries,
through Newspaper Rock State Park
to headwaters