Identification of underground sources of drinking water and exempted aquifers

1. The director may identify and shall protect as an underground source of drinking water all aquifers or parts of aquifers which: a. Supply any public water system; or b. Contain a sufficient quantity of ground water to supply a public water system and: (1) Currently supply drinking water for human consumption; or (2) Contain fewer than ten thousand milligrams per liter total dissolved solids; and (3) Are not exempted aquifers. 2. After notice and opportunity for a public hearing the director may designate, identify, and describe in geographic or geometric terms, or both, which are clear and definite exempted aquifers or parts thereof using the following criteria: a. It does not currently serve as a source of drinking water; and b. (1) It cannot now and will not in the future serve as a source of drinking water for any of the following reasons: (a) It produces mineral, hydrocarbon, or geothermal energy; (b) It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; (c) It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or (d) It is located over a class Ill well mining area subject to subsidence or catastrophic collapse; or (2) The total dissolved solids content of the ground water is more than three thousand and less than ten thousand milligrams per liter and it is not reasonably expected to supply a public water system.