The DNR has prepared guidelines for how it designates uses. In those guidelines, the DNR has changed the categories of designated uses, without actually promulgating a new rule. Because the categories above are what are listed by the DNR in its rules, we continue to use those categories. Click here to review the guidelines. The DNR may not remove designated uses if the use they propose is “attainable.” For example, if a stream can support trout, then the DNR may not remove the “cold water” designation and list the stream as a warm water sport fishery. If the DNR wanted to remove the “cold water” designation, federal regulations require that it undertake a “Use Attainability Analysis.” In the past, the DNR has proposed to remove key designated uses without first undertaking Use Attainability Analyses for each of the streams. Click here to review MEA’s comment letter to the DNR on its proposal to remove designating uses. [scan comment letter as a PDF and link here] Click here to view a slide show on designated uses and Use Attainability Analyses. [go to hanson/professional development/ public speaking/Clean Water Week and link to powerpoint presentation]
To read more about Midwest Environmental Advocates' Clean Water Campaign, click here. |