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Minnesota Legislature

Office of the Revisor of Statutes

7050.0140 USE CLASSIFICATIONS FOR WATERS OF THE STATE.

Subpart 1.

Introduction.

Based on considerations of best usage and the need for water quality protection in the interest of the public, and in conformance with the requirements of Minnesota Statutes, section 115.44, the waters of the state are grouped into one or more of the classes in subparts 2 to 8. The classifications are listed in parts 7050.0400 to 7050.0470. The classifications should not be construed to be in order of priority, nor considered to be exclusive or prohibitory of other beneficial uses.

Subp. 2.

Class 1 waters, domestic consumption.

Domestic consumption includes all waters of the state that are or may be used as a source of supply for drinking, culinary or food processing use, or other domestic purposes and for which quality control is or may be necessary to protect the public health, safety, or welfare.

Subp. 3.

Class 2 waters, aquatic life and recreation.

Aquatic life and recreation includes all waters of the state that support or may support aquatic biota, bathing, boating, or other recreational purposes and for which quality control is or may be necessary to protect aquatic or terrestrial life or their habitats or the public health, safety, or welfare.

Subp. 4.

Class 3 waters, industrial consumption.

Industrial consumption includes all waters of the state that are or may be used as a source of supply for industrial process or cooling water, or any other industrial or commercial purposes, and for which quality control is or may be necessary to protect the public health, safety, or welfare.

Subp. 5.

Class 4 waters, agriculture and wildlife.

Agriculture and wildlife includes all waters of the state that are or may be used for any agricultural purposes, including stock watering and irrigation, or by waterfowl or other wildlife and for which quality control is or may be necessary to protect terrestrial life and its habitat or the public health, safety, or welfare.

Subp. 6.

Class 5 waters, aesthetic enjoyment and navigation.

Aesthetic enjoyment and navigation includes all waters of the state that are or may be used for any form of water transportation or navigation or fire prevention and for which quality control is or may be necessary to protect the public health, safety, or welfare.

Subp. 7.

Class 6 waters, other uses and protection of border waters.

Other uses includes all waters of the state that serve or may serve the uses in subparts 2 to 6 or any other beneficial uses not listed in this part, including without limitation any such uses in this or any other state, province, or nation of any waters flowing through or originating in this state, and for which quality control is or may be necessary for the declared purposes in this part, to conform with the requirements of the legally constituted state or national agencies having jurisdiction over such waters, or for any other considerations the agency may deem proper.

Subp. 8.

Class 7 waters, limited resource value waters.

Limited resource value waters include surface waters of the state that have been subject to a use attainability analysis and have been found to have limited value as a water resource. Water quantities in these waters are intermittent or less than one cubic foot per second at the 7Q10 flow as defined in part 7050.0130, subpart 3. These waters shall be protected so as to allow secondary body contact use, to preserve the groundwater for use as a potable water supply, and to protect aesthetic qualities of the water. It is the intent of the agency that very few waters be classified as limited resource value waters. The use attainability analysis must take into consideration those factors listed in Minnesota Statutes, section 115.44, subdivisions 2 and 3. The agency, in cooperation and agreement with the Department of Natural Resources with respect to determination of fisheries values and potential, shall use this information to determine the extent to which the waters of the state demonstrate that:

A.

the existing and potential faunal and floral communities are severely limited by natural conditions as exhibited by poor water quality characteristics, lack of habitat, or lack of water;

B.

the quality of the resource has been significantly altered by human activity and the effect is essentially irreversible; or

C.

there are limited recreational opportunities, such as fishing, swimming, wading, or boating, in and on the water resource.

The conditions in items A and C or B and C must be established by the use attainability analysis before the waters can be classified as limited resource value waters.

Statutory Authority:

MS s 115.03; 115.44

History:

9 SR 913; 32 SR 1699; 42 SR 441

Published Electronically:

November 20, 2017