Idaho Code
Idaho Code

Idaho Code § 39-3609 (2026)

Identification of water bodies where beneficial uses are not fully supported. 

✓ current as of May 2026
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Identification of water bodies where beneficial uses are not fully supported. 

In accordance with the provisions set forth in the federal clean water act and after consultation with the appropriate basin advisory group and watershed advisory group, the director shall notify the appropriate public agencies of any water bodies in which the designated beneficial uses are not fully supported. For water bodies so identified, the director shall place such water bodies into one (1) of the following priority classifications for the development of total maximum daily load or equivalent processes:

(1)  "High." The director shall place water bodies in this category taking into account the availability and quality of data, department resources, and whether the severity of pollution poses a significant risk to designated or existing beneficial uses. The director, in establishing this category, shall consider public involvement as set forth in this chapter.
(2)  "Medium." The director shall place water bodies in this category taking into account the availability and quality of data, department resources, and whether the severity of the pollution poses a risk to designated or existing beneficial uses.
(3)  "Low." The director shall place water bodies in this category taking into account the availability and quality of data, department resources, and whether the severity of pollution poses a minimal risk to designated or existing beneficial uses.
Notes of Decisions
Cited in 1 case, 2003–2003 · leading case: Asarco Inc. v. State, 69 P.3d 139 (Idaho 2003).
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Asarco Inc. v. State, 69 P.3d 139 (Idaho 2003). · cites it 2× “§ 1313 (d)(1)(A); I.C. § 39-3609. This list is also referred to as the 303(d) list or water quality limited segments (WQLS) list.”
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