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



(1)  Whether regulation is necessary to preserve the
diminishing surface water supply for future needs, as evidenced by excessively
declining surface water levels, not related to rainfall variations, or
increasing or proposed diversions of surface waters to levels which may
detrimentally affect existing instream uses or prior existing off stream uses;



(2)  Whether the diversions of stream waters are
reducing the capacity of the stream to assimilate pollutants to an extent which
adversely affects public health or existing instream uses; or



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