Connecticut Administrative Code › Title 26 - Fisheries and Game › 141b - Stream Flow Standards and Regulations › Section 26-141b-5 - Adoption of river or stream system classifications

Current through July 10, 2024
(a) The
			 commissioner, after consultation with the Commissioner of Public Health, shall
			 prepare a map of proposed classifications indicative of the degree of human
			 alteration of natural stream flow after consideration of the following factors:
(1) A river or stream segment that is
			 immediately downstream of an existing dam that impounds a public water supply
			 source registered or permitted in accordance with section
			 22a-365
			 to
			 22a-378a
			 of the Connecticut General Statutes, or that intersects a Level A aquifer
			 protection area as approved by the Commissioner pursuant to section
			 22a-354d
			 of the Connecticut General Statutes shall not be classified as Class 1 or
			 2;
(2) A river or stream segment
			 that is immediately downstream of an existing dam that impounds a water supply
			 source registered or permitted in accordance with section
			 22a-365
			 to
			 22a-378a
			 of the Connecticut General Statutes, other than a public water supply, shall
			 not be classified as Class 1 or 2;
(3) Size and location of permitted and
			 registered diversions within the watershed, to the extent that these
			 diversions, if operated to the maximum extent allowed in accordance with the
			 provisions of the permit or registration, may affect the physical
			 characteristics of flow, volume or velocity of water in the stream channel or
			 may alter the daily, seasonal or inter-annual flow characteristics of the river
			 or stream system;
(4) Size and
			 location of dams, reservoirs and other impoundments within the watershed, to
			 the extent that these dams, reservoirs and other impoundments may affect the
			 physical characteristics of flow, volume or velocity of water in the stream
			 channel or may alter the daily, seasonal or inter-annual flow characteristics
			 of the river or stream system;
(5)
			 Size and location of return flows of water within the watershed, to the extent
			 that these return flows may affect the physical characteristics of flow, volume
			 or velocity of water in the stream channel or may alter the daily, seasonal or
			 inter-annual flow characteristics of the river or stream system;
(6) Existing land cover in the upstream
			 watershed, to the extent that human development and associated impervious land
			 cover may affect the physical characteristics of flow, volume or velocity of
			 water in the stream channel or may alter the daily, seasonal or inter-annual
			 flow characteristics of the river or stream system;
(7) Planned land use in the upstream
			 watershed, as contained in an applicable local or state plan, including the
			 state plan of conservation and development, to the extent that future human
			 development and associated impervious land cover may affect the physical
			 characteristics of flow, volume or velocity of water in the stream channel or
			 may alter the daily, seasonal or inter-annual flow characteristics of the river
			 or stream system;
(8) Available
			 data related to the distribution and abundance of plant and animal species,
			 such as wild trout, which are dependent upon stream and riparian
			 habitat;
(9) Available data related
			 to the presence of anadromous fish runs or where anadromous fish are actively
			 being restored or are targeted for restoration;
(10) Existence of trout management areas and
			 other recreational resources;
(11)
			 The location of stream gages operated and maintained by the U.S. Geological
			 Survey that have been identified by the commissioner in consultation with the
			 U.S. Geological Survey as hydrologic index reference gages;
(12) Wild or scenic water designation by the
			 state or federal government, or waters predominately within state forests,
			 wildlife management areas, natural heritage areas or other large contiguous
			 areas protected for conservation purposes, including protection for public
			 water supply purposes;
(13) River
			 or stream systems or segments that are identified as a potential source of
			 water supply in an approved coordinated water system plan prepared in
			 accordance with section
			 25-33h
			 of the Connecticut General Statutes or a water supply plan in effect as of the
			 date of such mapping, to the extent that these potential water supply sources,
			 if developed, may affect the physical characteristics of flow, volume or
			 velocity of water in the stream channel or may alter the daily, seasonal or
			 inter-annual flow characteristics of the river or stream system;
(14) River or stream systems or segments that
			 are identified as a potential source of water supply in an approved coordinated
			 water system plan prepared in accordance with section
			 25-33h
			 of the Connecticut General Statutes or a water supply plan in effect as of the
			 date of such mapping and where there has been a significant investment toward
			 development of such potential source, including but not limited to capital
			 expenditures, scientific or engineering studies or land acquisition cost, shall
			 not be classified as Class 1 or 2;
(15) River or stream systems or segments that
			 are identified by the Commissioner of Public Health pursuant to
			 Section 59 of
			 Public
			 Act 11-242;
(16) Practicality of, and potential for,
			 restoring stream flow patterns to achieve consistency with the Stream Flow
			 Standards and Regulations due to the extent of prior channel modification or
			 the impact of development and impervious cover in the watershed as of the date
			 of such mapping;
(17) Publicly
			 available data regarding the impact of stream classification on a community
			 water supply's margin of safety; and
(18) Any other factor indicative of the
			 degree of human alteration of natural stream flow.