ARSD 74:29:11:09. Designation of exempted aquifers

The board may exempt an aquifer or a portion of an aquifer and designate it as an exempted aquifer if it meets the following criteria: (1) It does not currently serve as a source of drinking water; and (2) It cannot now and will not in the future serve as an underground source of drinking water for any of the following reasons: (a) It produces minerals, hydrocarbons, or geothermal energy, or can be demonstrated by a permit applicant as part of a permit application for an in situ leach mine to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible; (b) It is situated at a depth or location that 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 the water fit for human consumption; or (d) It is located over an injection well mining area subject to subsidence or catastrophic collapse; or (3) The total dissolved solids content of the ground water is more than 3,000 and less than 10,000 milligrams per liter and it is not reasonably expected to supply a public water system.