REGULATORY DEVELOPMENTS

February 2007

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Idaho Department of Environmental Quality Seeks to Jumpstart Water Quality Standards Rulemaking

On September 6, 2006, the Idaho Department of Environmental Quality released a newly proposed rule seeking to change portions of the Idaho Water Quality Standards largely to address the applicability of low flow exclusions to all waters of the state in hopes of allowing for more flexibility in determining what qualifies as a low flow condition. Idaho’s current water quality standards provisions addressing how those standards should be applied during low flow periods apply only to intermittent waters, thereby preventing the similar treatment of perennial and ephemeral waters as well.