Authority: IC 13-14-8; IC 13-14-9; IC 13-18-3

Affected: IC 13-18-3-2; IC 13-18-4

Sec. 10. (a) Except as provided in subsection (c), a person who wishes to propose that a particular body of the waters of the state be considered by the commissioner for limited use designation must submit to the commissioner a written proposal identifying the waterbody, stating the rationale for the proposal, and including any other supporting documentation. After receiving the commissioner's recommendation on a proposal, if the board determines that a waterbody is appropriate for redesignation for limited use it will direct the commissioner to initiate a rulemaking to include the waterbody as a limited use water under section 11(a) of this rule.

(b) The commissioner will consider the factors listed in subdivisions (1) and (2) in making recommendations to the board with regard to proposals for the redesignation of a waterbody for limited use. These factors are listed as guidelines to provide some insight into the way the commissioner's recommendations may be made but are not intended to be all encompassing. The commissioner's recommendations generally will be case-by-case determinations based on professional judgment after on-site evaluations. The commissioner will consider factors relating to the following:

1. (1) Limited use designations such as any of the following:

   1. (A) The waterway has a Q(7),(10) low flow upstream of any existing or proposed discharge of one-tenth (0.1) cubic feet per second or less.
   2. (B) Suitable habitat to support a well-balanced fish community is severely limited or absent.

   3. (C) The waterway is affected by irreversible conditions, natural or man-induced, that:

      1. (i) came into existence before January 1, 1983;
      2. (ii) are not practicably controllable; and
      3. (iii) prevent establishment of a well-balanced fish community.
   4. (D) The waterbody has no unique or exceptional features.
   5. (E) Potential or existing uses made of the waterbody by people in the immediate area would not be adversely affected by a limited use designation.
2. (2) The waterbody has been evaluated by a use attainability analysis.

(c) A person seeking to obtain a CSO wet weather limited use subcategory designation shall do so in accordance with section 3.1 of this rule.

(d) All waters that are designated as a limited use water under section 11(a) of this rule must be evaluated for restoration and upgrading at each triennial review of this rule.

(e) Outstanding state resource water classifications shall be in accordance with IC 13-18-3-2(f) through IC 13-18-3-2(j) and may include, but are not limited to, factors such as any of the following:

1. (1) The presence of any of the following:

   1. (A) A unique or exceptional habitat or species in the waterbody.
   2. (B) A rare or endangered species in the waterbody.
   3. (C) Exceptional aesthetic quality in the immediate environs of the waterbody.

2. (2) The waterbody:

   1. (A) is within the boundaries of or flows through a designated natural area, nature preserve, or state or national park or forest;
   2. (B) supports an excellent sports fishery; or
   3. (C) possesses exceptional quality.
3. (3) Intensive recreational use is made of the waterbody.
4. (4) Designation as a natural, scenic, or recreational waterbody by the Indiana department of natural resources.

(Water Pollution Control Division; 327 IAC 2-1-10; filed Sep 24, 1987, 3:00 p.m.: 11 IR 585; filed Sep 6, 2007, 12:25 p.m.: 20071003-IR-327050218FRA; filed Nov 10, 2014, 1:51 p.m.: 20141210-IR-327130290FRA; readopted filed Oct 18, 2024, 1:57 p.m.: 20241113-IR-327230810RFA)