1. (a) For the purposes of AS 46.03.758(b)(1)(A), freshwater environments with significant aquatic resources are classified as follows:

   1. (1) Critical freshwater environments include

      1. (A) surface and subsurface water supplies that are currently being used or may reasonably be expected to be used sometime in the future as a drinking water source based on

         1. (i) water quality characteristics;
         2. (ii) technical feasibility of utilizing the water source; and
         3. (iii) population growth trends in the immediate area;
      2. (B) rivers, lakes, and streams designated under AS 16.05.871(a) as important for the spawning, rearing, or migration of anadromous fish, and the water of lakes, streams, and rivers that flows or empties into those designated waters;
      3. (C) lakes, streams, rivers, and freshwater wetlands within the boundaries of land administered under the National Wildlife Refuge System, and the water of lakes, streams, and rivers that flows or empties into those waters;
      4. (D) lakes, streams, rivers, and freshwater wetlands within the boundaries of game reserve areas, refuges, critical habitat areas, and sanctuaries established under AS 16.05.255(1) or AS 16.20, and the water of lakes, streams, and rivers that flows or empties into those waters; and
      5. (E) lakes, streams, rivers, and freshwater wetlands within the boundaries of fish reserve areas, refuges, critical habitat areas, and sanctuaries established under AS 16.05.251(1) or AS 16.20, and the water of lakes, streams, and rivers that flows or empties into those waters; and

   2. (2) Sensitive freshwater environments include

      1. (A) lakes other than those classified in (1) of this subsection;
      2. (B) freshwater wetlands other than those classified in (1) of this subsection; and
      3. (C) subsurface freshwaters other than those classified in (1)(A) of this subsection.
2. (b) For purposes of AS 46.03.758(b)(1)(C), all freshwater of the state that is not classified in (a) of this section is classified as "without significant aquatic resources."

(Eff. 5/14/92, Register 122; am 1/30/2003, Register 165)