prepared by
Under Section 303(c) of the Clean Water Act (CWA), the Administrator of the United
States Environmental Protection Agency (EPA) is charged with reviewing and approving or
disapproving state-adopted water quality standards. In order to determine if new or revised state
water quality standards are consistent with federal regulations and the CWA, EPA must review
the water quality standards and determine:
1. Whether the state has designated beneficial uses for waterbodies that are consistent with the
goals of CWA § 101(a)(2) and, if not, whether the state has conducted a use attainability analysis
to justify a different designation;
2. Whether water quality criteria were adopted to protect the designated uses and are based on
sound scientific rationale;
3. Whether the state has adopted water quality standards according to its legal procedures, and;
4. Whether the state submission includes the minimum elements for water quality submissions
specified in 40 C.F.R. §§ 131.6 and 131.20.
Today’s decision regarding changes to the August 2, 2006 Kansas Surface Water
Register (Register) is summarized below. Specifically, EPA is approving the designation of
primary contact recreation (PCR) or secondary contact recreation (SCR) for waters for which
KDHE performed Use Attainability Analyses (UAAs) to support such a designation. The
majority of EPA’s action centers on those revisions to the Register regarding contact recreation
designations that changed water body assignments from PCR to SCR, SCR to PCR, or removal
of a water body from classified status in the Register.
Many of the waters for which KDHE has submitted new or revised use designations are
subject to EPA’s July 7, 2003 promulgation action. See, 68 Federal Register, 40428. In that
action, EPA promulgated federal regulations establishing primary or secondary contact
recreation use designations for 1,286 waters and an expected aquatic life use designation for one
water. KDHE has now adopted new and revised use designations for 604 classified stream
segments located throughout Kansas and 89 classified surface waters other than classified stream
segments located throughout Kansas. EPA’s July 2003 promulgation affected 258 classified
stream segments and 53 classified surface waters other than classified streams in this submittal.
Where KDHE has adopted use designations consistent with the CWA and regulations at
40 C.F.R. § 131.10, Region 7 will recommend that the Agency initiate the rulemaking necessary
to withdraw the federal use regulations. Promulgated waters that are subject to today’s action are
specifically identified within this enclosure.
1
Until the federal use designations for waters in Kansas are withdrawn, the federal uses for
those waters, as codified at 40 C.F.R. § 131.34, will remain applicable water quality standards
for CWA purposes. However, in the July 2003 federal promulgation, EPA also adopted a
provision that allows the Regional Administrator to grant a variance from the promulgated
federal contact recreation use designation under certain circumstances. See, 40 C.F.R. §
131.34(c). EPA’s action today is approving some contact recreation use designations that are
different from those promulgated in the EPA’s July 7, 2003 rulemaking. In the interim period
between today’s approval of the new or revised Kansas contact recreation use designations and
the withdrawal of the federal use designations, application may be made to the Regional
Administrator for a variance from the federally promulgated contact recreation use designation to
the approved Kansas contact recreation use, pursuant to the terms and conditions of 40 C.F.R. §
131.34(c).
There are classified streams in today’s decision that impact other states because Kansas
streams flow into a neighboring state. In these cases, KDHE proposed a new or revised contact
recreation use designation that is less stringent than some of the receiving state’s designation.
Per the requirement of C.F.R. 131.10(b), EPA is obligated to consider a state’s downstream use
designation. This regulation states: “in designating uses of a water body and the appropriate
criteria for those uses, the State shall take into consideration the water quality standards of
downstream waters and shall ensure that its water quality standards provide for the attainment
and maintenance of the water quality standards of downstream waters.”
EPA provided the new or revised contact recreation use designation for interstate streams
to the four border states and EPA Regions 6 and 8. Only the Oklahoma Water Resources Board
(OWRB) raised concerns on some streams because Kansas’ designation does not meet the more
stringent criteria for the streams’ designation in Oklahoma. However, discussions between
OWRB and EPA have resulted in an agreement that KDHE’s less stringent contact recreation
designation was sufficient as long as any NDPES permits consider the more stringent criteria of
OWRB’s bacterial standards. Currently, Oklahoma’s bacteria standards for waters designated
primary contact reads:
c) Compliance with 785:45-5-16 shall be based upon meeting the requirements of one of
the three (3) options specified below for bacteria. Upon selection of one (1) group or test
method, said method shall be used exclusively over that thirty (30) day period. Provided, where
concurrent data exist for multiple bacterial indicators on the same waterbody or waterbody
segment, no criteria exceedances shall be allowed for any indicator group.
(1) Coliform Bacteria: The bacteria of the fecal coliform group shall not exceed a
monthly geometric mean of 200/100 ml, as determined by multiple-tube fermentation or
membrane filter procedures based on a minimum of not less than five (5) samples
collected over a period of not more than thirty (30) days. Further, in no more than
10% of the total samples during any thirty (30) day period shall the bacteria of the fecal
coliform group exceed 400/100 ml.
(2) Escherichia coli (E. coli): E. coli shall not exceed a monthly geometric mean of
126/100 ml based upon a minimum of not less than five (5) samples collected over a
2
period of not more than thirty (30) days. No sample shall exceed a 75% one-sided
confidence level of 235/100 ml in lakes and high use waterbodies and the 90% one-sided
confidence level of 406/100 ml in all other Primary Body Contact Recreation
beneficial use areas. These values are based upon all collected samples. Analysis
procedures shall follow EPA-600/4-85/076, "Test Methods for Escherichia coli and
Enterococci in Water by the Membrane Filter Procedure."
(3) Enterococci: Enterococci shall not exceed a monthly geometric mean of 33/100
ml based upon a minimum of not less than five (5) samples collected over a period of
not more than thirty (30) days. No sample shall exceed a 75% one-sided confidence
level of 61/100 ml in lakes and high use waterbodies and the 90% one-sided
confidence level of 108/100 ml in all other Primary Body Contact Recreation beneficial
use areas. These values are based upon all collected samples. Analysis procedures
shall follow EPA-600/4-85/076, "Test Methods for Escherichia coli and
Enterococci in Water by the Membrane Filter Procedure."
EPA will ensure that KDHE considers Oklahoma’s bacterial standards when
implementing NPDES permits for facilities that discharge into streams that flow in Oklahoma.
A list of these streams is compiled in Table 1, attached hereto.
We would also like to call attention to a situation with classified stream segments that are
characterized by KDHE as being “urban.” KDHE’s document Guidance Document for Use
Attainability Analyses, December 1, 2001, states that urban streams are to be classified for
primary contact recreation. This document was developed by KDHE after extensive public
hearings throughout the state. KDHE’s UAA Guidance documents states:
1). In order to protect public health, the primary contact recreation use shall be assigned as an
attainable use to all waters along: (check applicable conditions)
_____ public parks
_____ public parkways
_____urban streams
and other waters with a high probability of public access: (check applicable conditions)
_____ boat ramps
_____ nature trails
_____ camping areas
_____playgrounds
3
are based on proximity to typical urban settings and in order to reflect the state’s actual
designation practices pursuant to K.S.A. 82a-2001.
The new or revised contact recreation designation of secondary contact class a for eleven
(11) of these urban streams could allow the bacteria indictor species, E. coli, to be present at
concentrations that are 9x greater than allowed under KDHE’s most protective criteria for
primary contact recreation. If KDHE desires to protect citizens who live near or along these
urban streams at a higher level than afforded by the secondary contact recreation designation, the
KDHE could adopt more stringent criteria for these waterbodies.
Based on the results of UAAs performed in 2004, the State adopted primary contact
recreation use designations in the August 2, 2006 Register for the classified stream segments
identified in Table 2. EPA has noted the previous contact recreation designation in the previous
Register, dated November 5, 2004. EPA notes that under Section 101(a) of the CWA and its
implementing regulations in 40 C.F.R. §§ 131.2 and 131.10(g), that UAAs are not required to
support the new primary contact recreation use designations. EPA has, however, reviewed the
State’s UAAs upon which the new or revised primary contact recreation use designations are
based and hereby approves them.
These classified stream segments were included in the EPA’s July 2003 promulgation
and were assigned use designations for primary contact recreation. Based on the approval of the
State’s use designations, Region 7 will recommend that the Agency initiate the rulemaking
procedures necessary to withdraw the federal use designations. The complete list of classified
streams approved by EPA for primary contact recreation, that were subject to EPA’s July 2003
promulgation are identified in Table 2 (attached below).
Based on the results of UAAs performed in 2004, the State adopted primary contact
recreation use designations into the August 2, 2006 Register for the classified stream segments
identified in Table 3. In Table 3, EPA has noted the previous contact recreation designation in
the previous Register, dated November 5, 2004. EPA notes that under Section 101(a) of the
CWA and its implementing regulations in 40 C.F.R. §§ 131.2 and 131.10(g), that UAAs are not
required to support the new primary contact recreation use designations. EPA has, however,
reviewed the State’s UAAs upon which the new or revised primary contact recreation use
designations are based and hereby approves them.
These classified stream segments were not included in the EPA’s July 2003
promulgation. The complete list of classified streams approved by EPA for primary contact
4
recreation, that were not subject to EPA’s July 2003 promulgation are identified in Table 3,
(attached below).
Based on the results of UAAs performed in 2004, the State adopted primary contact
recreation use designations into the August 2, 2006 Register for the classified stream segments
identified in Table 4. In Table 4, EPA has noted the previous contact recreation designation in
the previous Register, dated November 5, 2004. EPA notes that under Section 101(a) of the
CWA and its implementing regulations in 40 C.F.R. §§ 131.2 and 131.10(g), that UAAs are not
required to support the new primary contact recreation use designations. EPA has, however,
reviewed the State’s UAAs upon which the new or revised primary contact recreation use
designations are based and hereby approves them.
These classified stream segments were included in the EPA’s July 2003 promulgation
and were assigned use designations for secondary contact recreation. Based on the approval of
the State’s use designations, Region 7 will recommend that the Agency initiate the rulemaking
procedures necessary to withdraw the federal use designations. The complete list of classified
streams approved by EPA for primary contact recreation, that were subject to EPA’s July 2003
promulgation are identified in Table 4 (attached below).
Based on the results of UAAs performed in 2004, the State adopted secondary contact
recreation use designations into the August 2, 2006 Register for the classified stream segments
identified in Table 5. In Table 5, EPA has noted the previous contact recreation designation in
the previous Register, dated November 5, 2004. EPA notes that under Section 101(a) of the
CWA and its implementing regulations in 40 C.F.R. §§ 131.2 and 131.10(g), UAAs are required
to support contact recreation use designations that are less protective than a primary contact
recreation use designation. EPA has reviewed the State’s UAAs upon which the new or revised
secondary contact recreation use designations are based and hereby approves them.
These classified stream segments were included in the EPA’s July 2003 promulgation
and were assigned use designations for primary contact recreation. Based on the approval of the
State’s use designations, Region 7 will recommend that the Agency initiate the rulemaking
procedures necessary to withdraw the federal use designations. The complete list of classified
streams approved by EPA for secondary contact recreation, that were subject to EPA’s July 2003
promulgation are identified in Table 5 (attached below).
Based on the results of UAAs performed in 2004, the State adopted secondary contact
recreation use designations into the August 2, 2006 Register for the classified stream segments
5
identified in Table 6. In Table 6, EPA has noted the previous contact recreation designation in
the previous Register, dated November 5, 2004. EPA notes that under Section 101(a) of the
CWA and its implementing regulations in 40 C.F.R. §§ 131.2 and 131.10(g), UAAs are required
to support contact recreation use designations that are less protective than a primary contact
recreation use designation. EPA has reviewed the State’s UAAs upon which the new or revised
secondary contact recreation use designations are based and hereby approves them.
These classified stream segments were not included in the EPA’s July 2003
promulgation. The complete list of classified streams approved by EPA for secondary contact
recreation, that were not subject to EPA’s July 2003 promulgation are identified in Table 6,
(attached below).
Based on the results of UAAs performed in 2004, the State adopted secondary contact
recreation use designations into the August 2, 2006 Register for the classified stream segments
identified in Table 7. In Table 7, EPA has noted the previous contact recreation designation in
the previous Register, dated November 5, 2004. EPA notes that under Section 101(a) of the
CWA and its implementing regulations in 40 C.F.R. §§ 131.2 and 131.10(g), UAAs are required
to support contact recreation use designations that are less protective than a primary contact
recreation use designation. EPA has reviewed the State’s UAAs upon which the new or revised
secondary contact recreation use designations are based and hereby approves them.
These classified stream segments were included in the EPA’s July 2003 promulgation
and were assigned use designations for secondary contact recreation. Based on the approval of
the State’s use designations, Region 7 will recommend that the Agency initiate the rulemaking
procedures necessary to withdraw the federal use designations. The complete list of classified
streams approved by EPA for secondary contact recreation, that were subject to EPA’s July 2003
promulgation are identified in Table 7 (attached below).
H. Classified Stream Segments Which EPA is Approving Removal from the Kansas
Surface Water Register – Not Subject to EPA’s Promulgation
EPA is approving the deletion of the classified stream segments from the Register
identified in Table 8. This determination is based on UAAs performed by KDHE in 2004 and
submitted to EPA for review and approval in this decision. Under Section 101(a) of the CWA,
and its implementing regulations, UAAs are necessary to support any recreational use
designation less protective than a primary contact recreation use designation. EPA has reviewed
the State’s UAAs upon which the removal of these waters from the Register are based, which
demonstrate that there is insufficient water present to support contact recreational use.
These classified stream segments were not included in the EPA’s July 2003
promulgation. The complete list of classified streams approved by EPA for removal from
classification in the Kansas Surface Water Register, that were not subject to EPA’s July 2003
promulgation are identified in Table 8, attached hereto.
6
J. Approval of Classified Surface Waters other than Classified Stream Segments with Use
Designations of Primary Contact Recreation – Subject to EPA’s Promulgation for Primary
Contact Recreation
Based on the results of UAAs performed in 2004, the State adopted primary contact
recreation use designations into the August 2, 2006 Register for the waters identified in Table 9.
In Table 9, EPA has noted the previous contact recreation designation in the previous Register,
dated November 5, 2004. EPA notes that under Section 101(a) of the CWA and its
implementing regulations in 40 C.F.R. §§ 131.2 and 131.10(g), that UAAs are not required to
support the new primary contact recreation use designations. EPA has, however, reviewed the
State’s UAAs upon which the new or revised primary contact recreation use designations are
based and hereby approves them.
These classified surface waters other than classified stream segments were included in the
EPA’s July 2003 promulgation and were assigned use designations for primary contact
recreation. Based on the approval of the State’s use designations, Region 7 will recommend that
the Agency initiate the rulemaking procedures necessary to withdraw the federal use
designations. The complete list of classified streams approved by EPA for primary contact
recreation, that were subject to EPA’s July 2003 promulgation are identified in Table 9 (attached
below).
O. Approval of New Classified Surface Water other than Classified Stream Segment to the
Kansas Surface Water Register – Approval of Primary Contact Recreation
The State added a new classified surface water other than classified stream segment to the
Register. EPA is approving this new classification and its assigned primary contact recreation,
class B, because it is consistent with the CWA goal uses identified in Section 101(a) and EPA’s
implementing regulation in 40 C.F.R. §§ 131.2 and 131.10(g).
This new water was not included in EPA’s July 2003 promulgation. The complete list of
classified surface waters other than classified stream segments approved by EPA for a new
addition to the August 2, 2006 Register is identified in Table 10, attached hereto.
KDHE included new or revised use designations to 87 classified surface waters other
than classified stream segments. Kansas water quality standards define additional use
designations beyond the CWA required “fishable/swimable” use (K.A.R. 28-16-28d(b)). These
additional uses include:
1). domestic water supply use,
2). food procurement use,
3). groundwater recharge,
4). industrial water supply use,
5). irrigation use, and
7
6). livestock watering use.
These new or revised uses are considered to be non-101(a)(2) uses (i.e., not
“fishable/swimable”). Based on the UAAs for these additional designations, EPA has reviewed
them and hereby approves them. For thoroughness, EPA has noted these new or revised non-
101(a)(2) uses in Table 11, attached hereto.
A. Non Substantive Revisions to Classified Stream Segments in the Kansas Surface Water
Register
EPA notes the appropriateness of KDHE’s revisions to the 2006 Register for changes in
latitude/longitude, changes in HUC, and re-segmentation to classified stream segments in the
State. These changes do not require EPA review and approval. Therefore, no action is taken.
For thoroughness, EPA has noted these changes in Table 12, attached hereto.
B. Non Substantive Revisions to Classified Surface Waters other than Classified Stream
Segments in the Kansas Surface Water Register
EPA notes the appropriateness of KDHE’s revisions to the 2006 Register for changes in
the names of classified waters other than classified stream segments. These changes do not
require EPA review and approval. Therefore, no action is taken. For thoroughness, EPA has
noted these changes in Table 13, attached hereto.
8
Table 1
Names of Kansas streams that flow into the State of Oklahoma. These interstate streams have been approved by EPA as secondary
contact recreation, class b streams.
9
Table 2
Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Subject to EPA’s Promulgation for
Primary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to
withdraw the federal use designations.
10
Table 2 continued
Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Subject to EPA’s Promulgation for
Primary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to
withdraw the federal use designations.
11
Table 2 continued
Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Subject to EPA’s Promulgation for
Primary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to
withdraw the federal use designations.
*Long Creek is also assigned the non-101(a)(2) uses of Domestic Water Supply Use (DS), Groundwater Recharge (GR), Industrial
Water Supply Use (IW), Irrigation (IR), and Livestock Watering Use (LW). EPA approves these additional new uses.
12
Table 2 continued
Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Subject to EPA’s Promulgation for
Primary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to
withdraw the federal use designations.
13
Table 3
Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Not Subject to EPA’s Promulgation
14
Table 3 continued
Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Not Subject to EPA’s Promulgation
15
Table 3 continued
Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Not Subject to EPA’s Promulgation
16
Table 3 continued
Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Not Subject to EPA’s Promulgation
17
Table 3 continued
Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Not Subject to EPA’s Promulgation
18
Table 3 continued
Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Not Subject to EPA’s Promulgation
19
Table 3 continued
Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Not Subject to EPA’s Promulgation
*EPA incorrectly reported that Arkansas River, HUC 11030004, segment 3 was approved for Primary Contact Recreation, class A in
the December 7, 2005 decision concerning that particular use designation change. EPA hereby recognizes the mistake and approves
Arkansas River, segment 3 as having a contact recreation designation of Primary Contact Recreation, class B.
**Arkansas River, HUC 11030004, for segments 1, 2, 4, 5, 10, and 11 were incorrectly reported as SCR, class b in the December 15,
2003 and November 5, 2004 KS Surface Water Register. KDHE has fixed this error in the August 2, 2006 Register. EPA hereby
recognizes this past error and correction.
20
Table 4
Approved Classified Stream Segments with Use Designations of Primary Contact Recreation – Subject to EPA’s Promulgation for
Secondary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to
withdraw the federal use designations.
*Lost Creek is also assigned the non-101(a)(2) uses of Domestic Water Supply Use (DS), Food Procurement (FP), Groundwater
Recharge (GR), Industrial Water Supply Use (IW), Irrigation (IR), and Livestock Watering Use (LW). EPA approves these additional
new uses.
21
Table 5
Approved Classified Stream Segments with Use Designations of Secondary Contact Recreation – Subject to EPA’s Promulgation for
Primary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to
withdraw the federal use designations.
22
Table 5 continued
Approved Classified Stream Segments with Use Designations of Secondary Contact Recreation – Subject to EPA’s Promulgation for
Primary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to
withdraw the federal use designations.
23
Table 5 continued
Approved Classified Stream Segments with Use Designations of Secondary Contact Recreation – Subject to EPA’s Promulgation for
Primary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to
withdraw the federal use designations.
24
Table 5 continued
Approved Classified Stream Segments with Use Designations of Secondary Contact Recreation – Subject to EPA’s Promulgation for
Primary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to
withdraw the federal use designations.
25
Table 5 continued
Approved Classified Stream Segments with Use Designations of Secondary Contact Recreation – Subject to EPA’s Promulgation for
Primary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to
withdraw the federal use designations.
26
Table 5 continued
Approved Classified Stream Segments with Use Designations of Secondary Contact Recreation – Subject to EPA’s Promulgation for
Primary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to
withdraw the federal use designations.
27
Table 5 continued
Approved Classified Stream Segments with Use Designations of Secondary Contact Recreation – Subject to EPA’s Promulgation for
Primary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to
withdraw the federal use designations.
28
Table 5 continued
Approved Classified Stream Segments with Use Designations of Secondary Contact Recreation – Subject to EPA’s Promulgation for
Primary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to
withdraw the federal use designations.
29
Table 6
Approved Classified Stream Segments with Use Designations of Secondary Contact Recreation – Not Subject to EPA’s Promulgation
30
Table 6 continued
Approved Classified Stream Segments with Use Designations of Secondary Contact Recreation – Not Subject to EPA’s Promulgation
31
Table 6 continued
Approved Classified Stream Segments with Use Designations of Secondary Contact Recreation – Not Subject to EPA’s Promulgation
32
Table 6 continued
Approved Classified Stream Segments with Use Designations of Secondary Contact Recreation – Not Subject to EPA’s Promulgation
33
Table 6 continued
Approved Classified Stream Segments with Use Designations of Secondary Contact Recreation – Not Subject to EPA’s Promulgation
34
Table 6 continued
Approved Classified Stream Segments with Use Designations of Secondary Contact Recreation – Not Subject to EPA’s Promulgation
35
Table 7
Approved Classified Stream Segments with Use Designations of Secondary Contact Recreation – Subject to EPA’s Promulgation for
Secondary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the rulemaking procedures necessary to
withdraw the federal use designations.
36
Table 8
Classified Stream Segments Which EPA is Approving Removal from the Kansas Surface Water Register, August 2, 2006 – Not
Subject to EPA’s Promulgation.
# Basin Stream Name HUC 8 Segment County 2004 KS Register Contact Recreation Designation
1 UR Cowpe Creek 10250003 8 Cheyenne SCR, class b
2 UR Crosby Creek 10250003 72 Cheyenne SCR, class b
3 UR Delay Creek 10250003 66 Cheyenne SCR, class b
4 UR Sand Creek 10250003 68 Cheyenne SCR, class b
5 UR Driftwood Creek 10250004 59 Rawlins SCR, class b
6 UR Elm Creek 10250004 64 Rawlins SCR, class b
7 UR Middle Fork Sappa Creek 10250010 1 Rawlins, Decatur SCR, class b
Sherman,
8 UR Middle Fork Sappa Creek 10250010 3 Thomas, Rawlins SCR, class b
9 UR South Fork Sappa Creek 10250010 4 Thomas, Decatur, Rush SCR, class b
10 UR South Fork Sappa Creek 10250010 6 Sherman, Thomas SCR, class b
11 UR Unnamed Stream 10250010 5 Sherman, Thomas SCR, class b
12 UR Cotton Creek 10250011 15 Decatur SCR, class b
13 UR Deer Creek 10250011 7 Norton SCR, class b
14 UR Dry Creek 10250011 8 Norton SCR, class b
15 UR Maple Creek 10250011 18 Norton SCR, class b
16 UR Rock Branch 10250011 10 Norton SCR, class b
17 UR Sheep Creek 10250011 19 Norton SCR, class b
18 UR Middle Beaver Creek 10250012 2 Sherman SCR, class b
19 UR Middle Beaver Creek 10250012 8 Sherman SCR, class b
20 UR North Fork Beaver Creek 10250012 3 Sherman SCR, class b
21 UR South Beaver Creek 10250012 11 Sherman SCR, class b
22 UR Unnamed Stream 10250012 10 Sherman SCR, class b
37
Table 8
Classified Stream Segments Which EPA is Approving Removal from the Kansas Surface Water Register, August 2, 2006 – Not
Subject to EPA’s Promulgation.
# Basin Stream Name HUC 8 Segment County 2004 KS Register Contact Recreation Designation
23 UR Little Beaver Creek 10250013 3 Sherman, Cheyenne SCR, class b
24 UR Little Beaver Creek 10250013 4 Sherman, Cheyenne SCR, class b
25 UR Sand Creek 10250013 7 Sherman, Cheyenne SCR, class b
26 UR Battle Creek 10250015 24 Norton SCR, class b
27 UR Big Timber Creek 10250015 9 Decatur SCR, class b
28 UR Dry Creek 10250015 23 Norton SCR, class b
29 UR Elk Creek 10250015 3 Norton, Phillips SCR, class b
30 UR Fancy Creek 10250015 19 Norton SCR, class b
North Fork
31 UR Prairie Dog Creek 10250015 17 Norton SCR, class b
32 UR Plum Creek 10250015 14 Decatur, Norton SCR, class b
33 UR Robinson Creek 10250015 16 Norton SCR, class b
34 UR Sand Creek 10250015 20 Norton SCR, class b
35 UR Walnut Creek 10250015 25 Norton SCR, class b
36 UR Wildcat Creek 10250015 26 Norton SCR, class b
37 SS Sand Creek 10260002 2 Logan, Sherman SCR, class b
38 SS Cheyenne Creek 10260003 36 Gove, Lane SCR, class b
39 SS Plum Creek 10260003 18 Gove, Scott SCR, class b
40 SS Salt Creek, East 10260003 35 Lane SCR, class b
41 SS Spring Creek, West 10260003 33 Scott SCR, class b
42 SS Unnamed Stream 10260004 6 Wichita SCR, class b
Middle Branch
43 SS Hackberry Creek 10260005 6 Gove, Logan SCR, class b
38
Table 8
Classified Stream Segments Which EPA is Approving Removal from the Kansas Surface Water Register, August 2, 2006 – Not
Subject to EPA’s Promulgation.
# Basin Stream Name HUC 8 Segment County 2004 KS Register Contact Recreation Designation
South Branch
44 SS Hackberry Creek 10260005 7 Gove, Logan SCR, class b
45 SS Spring Creek 10260005 2 Gove SCR, class b
46 SS Saline River, North Fork 10260009 17 Thomas SCR, class b
47 SS Saline River, South Fork 10260009 18 Thomas SCR, class b
48 SS Tomcat Creek 10260009 28 Ellis, Rooks SCR, class b
49 SS Trego Creek 10260009 24 Trego SCR, class b
50 SO Bow Creek 10260011 16 Sheridan SCR, class b
51 SO Bow Creek, South 10260011 17 Sheridan SCR, class b
52 SO Rock Creek 10260013 22 Graham SCR, class b
53 SO Sand Creek 10260013 27 Graham SCR, class b
54 SO Skunk Creek 10260013 26 Graham SCR, class b
55 SO Slate Creek 10260013 25 Rooks SCR, class b
56 SO South Martin Creek 10260013 23 Sheridan SCR, class b
57 SO Storer Creek 10260013 20 Sheridan SCR, class b
East Fork
58 LA Rattlesnake Creek 11030009 5 Kiowa SCR, class b
South Branch
59 LA Rattlesnake Creek 11030009 9 Kiowa SCR, class b
60 CI Crooked Creek 11040007 2 Meade, Ford, Gray SCR, class b
61 CI Unnamed Stream 11040007 1180 Meade SCR, class b
62 LA Cottonwood Creek 11060002 30 Comanche SCR, class b
39
Table 9
Approved Classified Surface Waters other than Classified Stream Segments with Use Designations of Primary Contact Recreation
– Subject to EPA’s Promulgation for Primary Contact Recreation. EPA Region 7 will recommend that the Agency initiate the
rulemaking procedures necessary to withdraw the federal use designations.
40
Table 10
Approval of new classified surface water other than classified stream segment to the Kansas Surface Water Register,
August 2, 2006 – Approval of Primary Contact Recreation
# Basin Lake Name HUC 8 Segment County Primary Contact Recreation Class
1 NE Mined Land Lake 26* 11070205 LM037201 Crawford B
*Mined Land Lake 26 is also assigned the non-101(a)(2) use of food procurement (FP) in the 2006 KS Register. EPA approves this
new use designation.
41
Table 11
Approval of non-101(a)(2) use designation changes to classified surface waters other than classified stream segments in the 2006 KS
Register. These new or revised use designations are for Domestic Water Supply Use (DS), Food Procurement Use (FP), Groundwater
Recharge Use (GR), Industrial Water Supply Use (IW), Irrigation (IR), and Livestock Watering Use (LW) for the following classified
surface waters other than classified stream segments. New or revised designations are shown in bold. “X” denotes assigned
designated use. “O” denotes non-support of designated use.
42
Table 11 continued
Approval of non-101(a)(2) use designation changes to classified surface waters other than classified stream segments in the 2006 KS
Register. These new or revised use designations are for Domestic Water Supply Use (DS), Food Procurement Use (FP), Groundwater
Recharge Use (GR), Industrial Water Supply Use (IW), Irrigation (IR), and Livestock Watering Use (LW) for the following classified
surface waters other than classified stream segments. New or revised designations are shown in bold. “X” denotes assigned
designated use. “O” denotes non-support of designated use.
43
Table 11 continued
Approval of non-101(a)(2) use designation changes to classified surface waters other than classified stream segments in the 2006 KS
Register. These new or revised use designations are for Domestic Water Supply Use (DS), Food Procurement Use (FP), Groundwater
Recharge Use (GR), Industrial Water Supply Use (IW), Irrigation (IR), and Livestock Watering Use (LW) for the following classified
surface waters other than classified stream segments. New or revised designations are shown in bold. “X” denotes assigned
designated use. “O” denotes non-support of designated use.
44
Table 11 continued
Approval of non-101(a)(2) use designation changes to classified surface waters other than classified stream segments in the 2006 KS
Register. These new or revised use designations are for Domestic Water Supply Use (DS), Food Procurement Use (FP), Groundwater
Recharge Use (GR), Industrial Water Supply Use (IW), Irrigation (IR), and Livestock Watering Use (LW) for the following classified
surface waters other than classified stream segments. New or revised designations are shown in bold. “X” denotes assigned
designated use. “O” denotes non-support of designated use.
45
Table 12
Non substantive revisions to classified stream segments in the Kansas Surface Water Register, August 2, 2006.
46
Table 12 continued
Non substantive revisions to classified stream segments in the Kansas Surface Water Register, August 2, 2006.
47
Table 12 continued
Non substantive revisions to classified stream segments in the Kansas Surface Water Register, August 2, 2006.
48
Table 12 continued
Non substantive revisions to classified stream segments in the Kansas Surface Water Register, August 2, 2006.
49
Table 12 continued
Non substantive revisions to classified stream segments in the Kansas Surface Water Register, August 2, 2006.
50
Table 13
Non substantive revisions to classified waters other than classified stream segments in the Kansas Surface Water Register, November
5, 2004.
51
TABLE OF CONTENTS
Walnut Basin................................................................................................................................. 58
Designations apply only to unimpounded reaches of the specified stream segments. Use designations
assigned to classified streams not listed in this table are determined by the Department on case-by-case
basis in accordance with K.A.R. 28-16-28d(d).
Abbreviations:
Br = branch
Cr = creek
Fk = fork
M = middle
R = river
1
Designated uses of major classified streams (continued)
2
Designated uses of major classified streams (continued)
3
Designated uses of major classified streams (continued)
4
Designated uses of major classified streams (continued)
5
Designated uses of major classified streams (continued)
6
Designated uses of major classified streams (continued)
7
Designated uses of major classified streams (continued)
8
Designated uses of major classified streams (continued)
9
Designated uses of major classified streams (continued)
10
Designated uses of major classified streams (continued)
11
Designated uses of major classified streams (continued)
12
Designated uses of major classified streams (continued)
13
Designated uses of major classified streams (continued)
14
Designated uses of major classified streams (continued)
15
Designated uses of major classified streams (continued)
16
Designated uses of major classified streams (continued)
17
Designated uses of major classified streams (continued)
18
Designated uses of major classified streams (continued)
19
Designated uses of major classified streams (continued)
20
Designated uses of major classified streams (continued)
21
Designated uses of major classified streams (continued)
22
Designated uses of major classified streams (continued)
23
Designated uses of major classified streams (continued)
24
Designated uses of major classified streams (continued)
25
Designated uses of major classified streams (continued)
26
Designated uses of major classified streams (continued)
27
Designated uses of major classified streams (continued)
28
Designated uses of major classified streams (continued)
29
Designated uses of major classified streams (continued)
30
Designated uses of major classified streams (continued)
31
Designated uses of major classified streams (continued)
32
Designated uses of major classified streams (continued)
33
Designated uses of major classified streams (continued)
34
Designated uses of major classified streams (continued)
35
Designated uses of major classified streams (continued)
36
Designated uses of major classified streams (continued)
37
Designated uses of major classified streams (continued)
38
Designated uses of major classified streams (continued)
39
Designated uses of major classified streams (continued)
40
Designated uses of major classified streams (continued)
41
Designated uses of major classified streams (continued)
42
Designated uses of major classified streams (continued)
43
Designated uses of major classified streams (continued)
44
Designated uses of major classified streams (continued)
45
Designated uses of major classified streams (continued)
46
Designated uses of major classified streams (continued)
47
Designated uses of major classified streams (continued)
48
Designated uses of major classified streams (continued)
49
Designated uses of major classified streams (continued)
50
Designated uses of major classified streams (continued)
51
Designated uses of major classified streams (continued)
52
Designated uses of major classified streams (continued)
53
Designated uses of major classified streams (continued)
54
Designated uses of major classified streams (continued)
55
Designated uses of major classified streams (continued)
56
Designated uses of major classified streams (continued)
57
Designated uses of major classified streams (continued)
58
Designated uses of major classified streams (continued)
59
SECTION TWO
Use designations for classified lakes not listed in this table are determined by the Department on a
case-by-case basis in accordance with K.A.R. 28-16-28d(d). Classification and use designation applies to all
waters contained within the particular Wildlife and Park, Wildlife Refuge, State Park, wetland, or Wildlife
Area. Classification and use designation applies to all waters contained within the Nature Conservancy
wildlife preserve (designated as Cheyenne Bottoms in this Register) and KDWP Cheyenne Bottoms Wildlife
Area (Cheyenne Bottoms).
Abbreviations:
HUC = hydrologic unit code
CLASS = antidegradation category
GP = general purpose waters
EX = exceptional state waters
ON = outstanding national resource waters
AL = designated for aquatic life use
S = special aquatic life use water
E = expected aquatic life use water
R = restricted aquatic life use water
CR = designated for contact recreational use
A = Primary contact recreation lakes that have a posted public swimming area
B = Primary contact recreation lakes that are by law or written permission of the landowner
open to and accessible by the public
C = Primary contact recreation lakes that are not open to and accessible by the public under
Kansas law
a = Secondary contact recreation lakes that are by law or written permission of the
landowner open to and accessible by the public
b = Secondary contact recreation lakes that are not open to and accessible by the public
under Kansas law
DS = designated for domestic water supply use
FP = designated for food procurement use
GR = designated for ground water recharge
IW = designated for industrial water supply use
IR = designated for irrigation use
LW = designated for livestock watering use
X = referenced lake is assigned the indicated designated use
O = referenced lake does not support the indicated designated use
blank = capacity of the referenced lake to support the indicated designated use has not been
determined by use attainability analysis.
KWP = Kansas Wildlife and Parks
LK/ L = lake
NWR = National Wildlife Refuge
RES = reservoir
SFL = State Fishing Lake
W = wetland
W.A. = Wildlife Area
60
Designated uses of major classified lakes and lakes constituting outstanding national resource waters (continued)
63
Designated uses of major classified lakes and lakes constituting outstanding national resource waters (continued)
64
Designated uses of major classified lakes and lakes constituting outstanding national resource waters (continued)
65
Designated uses of major classified lakes and lakes constituting outstanding national resource waters (continued)
66
Designated uses of major classified lakes and lakes constituting outstanding national resource waters (continued)
67
Designated uses of major classified lakes and lakes constituting outstanding national resource waters (continued)
68
Designated uses of major classified lakes and lakes constituting outstanding national resource waters (continued)
69
Designated uses of major classified lakes and lakes constituting outstanding national resource waters (continued)
70
Designated uses of major classified lakes and lakes constituting outstanding national resource waters (continued)
71
Designated uses of major classified lakes and lakes constituting outstanding national resource waters (continued)
72
Designated uses of major classified lakes and lakes constituting outstanding national resource waters (continued)
73
Designated uses of major classified lakes and lakes constituting outstanding national resource waters (continued)
74
Designated uses of major classified lakes and lakes constituting outstanding national resource waters (continued)
75
Designated uses of major classified lakes and lakes constituting outstanding national resource waters (continued)
76
Designated uses of major classified lakes and lakes constituting outstanding national resource waters (continued)
77
Designated uses of major classified lakes and lakes constituting outstanding national resource waters (continued)
78
SECTION THREE
79
Surface waters identified below shall be classified as outstanding national resource waters:
(1) Cimarron National Grasslands (Morton and Stevens counties); classification applies to all surface
80
SECTION FOUR
81
Surface waters identified below shall be designated as special aquatic life use waters:
(1) All oxbow lakes and wetlands within that portion of Allen County encompassed by a line that
extends from latitude 37.7471, longitude 95.4336 west to latitude 37.7471, longitude 95.4600, then
south to latitude 37.7400, longitude 95.4600, then east to latitude 37.7400, longitude 95.4433, then
south to latitude 37.7329, longitude 95.4430, then east to latitude 37.7329, longitude 95.4338, then
(2) All wetlands within that portion of Allen County encompassed by a line that extends from latitude
37.9220, longitude 95.4090 west to latitude 37.9216, longitude 95.5190, then south to latitude
37.8199, longitude 95.5190, then east to latitude 37.8199, longitude 95.4102, then north to point of
origin.
(3) All wetlands within that portion of Anderson County encompassed by a line that extends from
latitude 38.2130, longitude 95.2596 west to latitude 38.2130, longitude 95.4255, then south to
latitude 38.1108, longitude 95.4260, then east to latitude 38.1103, longitude 95.2621, then north to
point of origin.
(4) All wetlands within that portion of Atchison County encompassed by a line that extends from
latitude 39.5355, longitude 95.5153 west to latitude 39.5355, longitude 95.5528, then south to
latitude 39.5210, longitude 95.5528, then east to latitude 39.5210, longitude 95.5153, then north to
point of origin.
(5) All cave waters and associated springs within that portion of Cherokee County encompassed by a
line that extends from latitude 37.0745, longitude 94.6177 west to latitude 37.0745, longitude
94.7402, then south to latitude 36.9985, longitude 94.7402, then east to latitude 36.9985, longitude
(6) All wetlands within those portions of Cherokee and Labette counties encompassed by a line that
extends from latitude 37.3379, longitude 94.6177 west to latitude 37.3379, longitude
82
94.7055, then south to latitude 37.1778, longitude 94.7045, then west to latitude 37.1787, longitude
95.0862, then south to latitude 36.9994, longitude 95.0862, then east to latitude 36.9985, longitude
(7) All wetlands within that portion of Douglas County encompassed by a line that extends from
latitude 38.9279, longitude 95.2232 west to latitude 38.9279, longitude 95.2415, then south to
latitude 38.9136, longitude 95.2415, then east to latitude 38.9136, longitude 95.2232, then north to
point of origin.
(8) All wetlands, oxbow lakes and classified streams within that portion of Linn County encompassed
by a line that extends from latitude 38.3742, longitude 94.6130 west to latitude 38.3742, longitude
94.8440, then south to latitude 38.1382, longitude 94.8425, then east to latitude 38.1389, longitude
(9) All wetlands within that portion of Woodson County encompassed by a line that extends from
latitude 37.8219, longitude 95.8520 west to latitude 37.8219, longitude 95.8704, then south to
latitude 37.8069, longitude 95.8707, then east to latitude 37.8069, longitude 95.8520, then south to
latitude 37.7922, longitude 95.8520, then east to latitude 37.7922, longitude 95.8337, then north to
latitude 37.8069, longitude 95.8337, then west to latitude 37.8069, longitude 95.8520, then north to
point or origin.
(10) Cheyenne Bottoms Preserve (Barton County); classification applies to all surface waters within the
(11) Cimarron National Grasslands (Morton and Stevens counties); classification applies to all surface
(12) Konza Prairie Natural Area (Geary and Riley counties); classification applies to all surface waters
(13) McPherson Valley Wetlands (McPherson County); classification applies to all surface waters
83