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Petition No. P2010-08

LCB File No. R129-10

Nevada Administrative Code: NAC 445B

Description of Petition: Water Quality Standards for Class D Waters & Removal of Legal References for Certain Tribal Waters: This regulation made changes to Water Quality Standards for Class D waters and removal of Nevada Administrative Code references to Tribal waters on the Fort McDermitt Indian Reservation. When the Nevada Division of Environmental Protection (NDEP) updated the Class Waters to the E. Coli bacteria standard in 2008, EPA required Nevada to perform an assessment of the Class D waters, which do not have contact recreation as a beneficial use, to determine if the waters would now meet the fishable/swimmable goal of the Clean Water Act. NDEP is proposed and this regulation added contact recreation and the associated bacterial water quality standard to four segments of the Class D waters.

The State of Nevada water quality regulations are not applicable to waterbodies on tribal lands. As a sovereign nation, the Fort McDermitt Paiute and Shoshone Tribes are responsible for regulating the water quality of the river within the boundaries of their land. Changes were made to the NAC to remove the segments of these reaches that are on tribal lands.

See the October 2010 SEC Hearing for additional information [i.e., Agenda 6]

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