(a) Upon application upon petition, or on its
own initiative, the department may adopt, modify, or repeat protected water use
classes in
18 AAC 70.050 for a water of the state in accordance with 40 C.F.R
131.10, revised as of July 1, 2019, and adopted by reference.
(b) Before changing
18 AAC 70.050 or (e) of this
section to reclassify state water, the department will hold at least one public
hearing and otherwise comply with 40 C.F.R.
131.20(b), adopted by reference in
18 AAC 70.205(c), the procedure in
AS 44.62.180 -
44.62.290 and other
applicable state and federal statutes and regulations.
(c) An applicant or petitioner seeking
reclassification of a waterbody under this section shall provide to the
department all available evidence reasonably necessary to demonstrate that a
reclassification will comply with this section.
(d) The following water may not be
reclassified under this chapter:
(1) water in
areas administered under the National Wilderness Preservation System under
16 U.S.C.
1131 -
1136;
(2) water in state and national parks,
national preserves and monuments, national recreation areas, and national
wildlife refuges;
(3) wild and
scenic rivers established under
16 U.S.C.
1271 -
1287;
(4) marine sanctuaries established under
16 U.S.C.
1431 -
1445
b;
(5) estuarine sanctuaries
established under 16 U.S.C.
4151 -
1464;
(6) water in critical habitat areas
established under
AS
16.20.220-16.20.270;
(7) water in Land Use Designation (LUD) II
areas established by the United States Forest Service under
16 U.S.C.
371 a - 545b.
(e) Specific state water reclassified under
this section is protected only for the designated use class shown, as follows:
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FORM
*Watershed numbers refer to watersheds established by the
United States Department of Interior, Geological Survey "Hydrologic Unit Map -
1987 State of Alaska," adopted by reference. This document is for sale by the
United States Geological Survey, Fairbanks, Alaska 99701; Denver, Colorado
80225; or Reston, Virginia 22092. This document is on file in the Lieutenant
Governor's Office and may be seen at the department's Anchorage, Fairbanks,
Juneau offices.
**River latitudes and longitudes are set at the downstream
end of the affected river reach.
***Protected for contact recreation, wading only.
****Protected for secondary recreation, except
fishing.