North Dakota Administrative Code › Title 33.1 - Department of Environmental Quality › Article 33.1-16 - Control, Prevention, and Abatement of Pollution of Surface Water › Chapter 33.1-16-02.1 - Standards of Quality for Waters of the State › Section 33.1-16-02.1-09 - Surface water classifications, mixing zones, and numeric standards

Current through Supplement No. 393, July, 2024
1.
Surface water
				classifications.
Procedures for the classifications of streams and lakes
				of the state shall follow this subsection. Classifications of streams and lakes
				are listed in appendix I and appendix II, respectively.
a. Class I streams. The quality of the waters
				in this class shall be suitable for the propagation or protection, or both, of
				resident fish species and other aquatic biota and for swimming, boating, and
				other water recreation. The quality of the waters shall be suitable for
				irrigation, stock watering, and wildlife without injurious effects. After
				treatment consisting of coagulation, settling, filtration, and chlorination, or
				equivalent treatment processes, the water quality shall meet the
				bacteriological, physical, and chemical requirements of the department for
				municipal or domestic use.
b. Class
				IA streams. The quality of the waters in this class shall be the same as the
				quality of class I streams, except that where natural conditions exceed class I
				criteria for municipal and domestic use, the availability of softening or other
				treatment methods may be considered in determining whether ambient water
				quality meets the drinking water requirements of the department.
The Sheyenne River from its headwaters to one-tenth mile
				  downstream from Baldhill Dam is not classified for municipal or domestic
				  use.
c. Class II streams.
				The quality of the waters in this class shall be the same as the quality of
				class I streams, except that additional treatment may be required to meet the
				drinking water requirements of the department. Streams in this classification
				may be intermittent in nature which would make these waters of limited value
				for beneficial uses such as municipal water, fish life, irrigation, bathing, or
				swimming.
d. Class III streams. The
				quality of the waters in this class shall be suitable for agricultural and
				industrial uses. Streams in this class generally have low average flows with
				prolonged periods of no flow. During periods of no flow, they are of limited
				value for recreation and fish and aquatic biota. The quality of these waters
				must be maintained to protect secondary contact recreation uses (e.g., wading),
				fish and aquatic biota, and wildlife uses.
e. Wetlands. These water bodies, including
				isolated ponds, sloughs, and marshes, are to be considered waters of the state
				and will be protected under section
				33.1-16-02.1-08.
f. Lakes and reservoirs. The type of fishery
				a lake or reservoir may be capable of supporting is based on the lake's or
				reservoir's geophysical characteristics. The capability of a lake or reservoir
				to support a fishery may be affected by seasonal or climatic variability or
				other natural occurrences, which may alter the physical and chemical
				characteristics of the lake or reservoir.
Class
Characteristics
1
Cold water fishery. Waters capable of supporting
							 growth of cold water fish species (e.g., salmonids) and associated aquatic
							 biota.
2
Cool water fishery. Waters capable of supporting
							 natural reproduction and growth of cool water fishes (e.g., northern pike and
							 walleye) and associated aquatic biota. These waters are also capable of
							 supporting the growth and marginal survival of cold water species and
							 associated biota.
3
Warm water fishery. Waters capable of supporting
							 natural reproduction and growth of warm water fishes (e.g., largemouth bass and
							 bluegill) and associated aquatic biota. Some cool water species may also be
							 present.
4
Marginal fishery. Waters capable of supporting a
							 fishery on a short-term or seasonal basis (generally a "put and take"
							 fishery).
5
Not capable of supporting a fishery due to high
							 salinity.