[§174C-45]  Surface water criteria fordesignation.  In designating an area for water use regulation, thecommission shall consider the following:

(1)  Whether regulation is necessary to preserve thediminishing surface water supply for future needs, as evidenced by excessivelydeclining surface water levels, not related to rainfall variations, orincreasing or proposed diversions of surface waters to levels which maydetrimentally affect existing instream uses or prior existing off stream uses;

(2)  Whether the diversions of stream waters arereducing the capacity of the stream to assimilate pollutants to an extent whichadversely affects public health or existing instream uses; or

(3)  Serious disputes respecting the use of surfacewater resources are occurring. [L 1987, c 45, pt of §2]