Protection of existing uses

CWA regulations at 40 CFR131.10(h) state “States may not remove designated uses if...they are existing uses, as defined in Section 131.3, unless a use requiring more stringent criteria is added.”

In addition, the antidegradation policy states flatly that “[e]xisting instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected.”

(40CFR131.12(a)(1))

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