49-224

49-224. Aquifer identification, classification
and reclassification

A. Not later than June 30, 1987 the director shall, by rule, identify and define
the boundaries of all aquifers in this state utilizing, to the maximum extent possible,
data available from the department of water resources.

B. All aquifers in this state identified and defined under subsection A of this
section and any other aquifers subsequently discovered, identified and defined shall be
classified for drinking water protected use unless the classification is changed in the
manner provided in subsection C of this section.

C. The director, after consulting with the appropriate groundwater users advisory
council established pursuant to title 45, chapter 2, article 2 if the aquifer is in an
active management area, and a public hearing held pursuant to section 49-208, may change
the classification of an aquifer or part of an aquifer for a protected use other than
drinking water on making all of the following findings:

1. The identified aquifer or part of an aquifer is or will be so hydrologically
isolated from other aquifers or other parts of the same aquifer that there is no
reasonable probability that poorer quality water from the identified aquifer or part of
an aquifer will cause or contribute to a violation of aquifer water quality standards in
other aquifers or parts of the same aquifer.

2. Water from the identified aquifer or part of an aquifer is not being used as
drinking water.

3. The short-term and long-term benefits to the public that would result from the
degradation of the quality of the water in the identified aquifer or part of an aquifer
below standards established pursuant to section 49-223, subsections A and B would
significantly outweigh the short-term and long-term costs to the public of such
degradation. Benefits and costs to be considered include economic, social and
environmental.

D. Owners or operators of facilities whose discharges are solely responsible for
creating an aquifer may petition the director for a classification of the aquifer for a
non-drinking water use. The director may, by rule, classify that aquifer for a
non-drinking water use upon making the findings prescribed in subsection C, paragraphs 1
and 2 of this section.

E. The director shall provide for public participation in proceedings under this
section pursuant to section 49-208 and shall hold at least one public hearing at a
location as near as practicable to the aquifer proposed for reclassification.