Declaration of policy; authority of board

(a) General policy to protect, maintain and improve water quality. Title 82 of the Oklahoma Statutes, Section 1084.1, provides as follows: Whereas the pollution of the waters of this state constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational and other legitimate beneficial uses of water, it is hereby declared to be the public policy of this state to conserve and utilize the waters of the state and to protect, maintain and improve the quality thereof for public water supplies, for the propagation of wildlife, fish and aquatic life and for domestic, agricultural, industrial, recreational and other legitimate beneficial uses; and to cooperate with other agencies of this state, agencies of other states and the federal government in carrying out these objectives. [82 O.S. § 1084.1] (b) DEQ authority to promulgate Standards. (1) Title 82 of the Oklahoma Statutes, Section 1085.30(A)(1)-(2) provides that DEQ is authorized to adopt, amend and otherwise promulgate rules to be known as ‘Oklahoma Water Quality Standards’ which establish classifications of uses of waters of the state, criteria to maintain and protect such classifications, and other standards or policies pertaining to the quality of such waters. The...Standards shall, at a minimum, be designed to maintain and protect the quality of the waters of the state. [82 O.S. § 1085.30(A)(1)-(2)] (2) Title 82 of the Oklahoma Statutes, Section 1085.30(A)(3) provides, Wherever the Department finds it is practical and in the public interest to do so, the rules may be amended to upgrade and improve progressively the quality of waters of the state.[82 O.S. § 1085.30(A)(3)] 9 (3) Title 82 of the Oklahoma Statutes, Section 1085.30(A)(4)(a)-(b) provides that DEQ may also amend the Standards to downgrade a designated use of any waters of this state which is not an existing use, may establish subcategories of a use or may provide for less stringent criteria or other provisions thereof only in those limited circumstances permissible under the Federal Water Pollution Control Act as amended or federal rules which implement said act." and DEQ "may amend the...Standards to downgrade a designated use, establish subcategories of a use or may provide for less stringent criteria or other provisions thereof only to the extent as will maintain or improve the existing uses and the water quality of the water affected; provided, however, the Department shall not modify the...Standards applicable to scenic river areas as such areas are described by Section 896.5 of this title, to downgrade a designated use, establish a subcategory of a use or provide for less stringent criteria or other provisions thereof. [82 O.S. § 1085.30(A)(4)(a)-(b)]