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<br />(3) Procedures for Assigning or Changing Classifications <br />' (a) General <br /> (i) Assigning or changing a classification shall be accomplished by rule after a <br /> rulemaking hearing. Rulemaking hearings to consider a classification will be <br />' conducted according to the Procedural Regulations of the Commission. At a <br /> minimum, the Commission shall review classifications once every three <br />' years. Any interested person have shall have the right to petition the <br />Commission to assign or change a stream classification. Such petition shall <br /> be open to the public inspection. Except as provided below, pursuant to <br /> section 24-4-103(7), C.R.S., action on such petition shall be within the <br />' discretion of the Commission. The Commission may also decide to consider <br /> a classification on its own motion. <br />' (ii) In making a decision regarding a proposed classification, the Commission will <br /> consider the principles set forth in this regulation. The decision will be made <br /> by the Commission applying its expertise after analyzing the evidence <br /> presented at public hearing and considering the requirements of law, its own <br />' policies, and all other matters deemed pertinent in the discretion of the <br /> Commission. <br />' (iii) Where the classifications of a water body segment do not include an aquatic <br /> life classification or recreation class 1, as a part of the triennial review of the <br /> segment the Division shall review any prior use attainability analyses or other <br />' basis for omission of one or more of the above classified uses. If the <br /> justification for the omission is determined not to be consistent with accepted <br /> use attainability procedures, the Division or other party, if any, advocating the <br /> omission shall perform a supplemental analysis to provide a basis for a <br /> Commission determination whether such uses are attainable. When the <br /> Commission wishes to remove an aquatic life class 1 or 2 or recreation class <br /> 1 classification, the Division shall conduct or the Commission shall require the <br />' petitioner to conduct, in consultation with the Division, a use attainability <br /> analysis to justify the proposed change. <br />' (b) Section 25-8-207 <br />' (i) Procedural requirements relating to reviews pursuant to section 25-8-207, <br />C.R.S., are set forth in the Procedural Regulations, Regulation No. 21, 5 CCR <br /> 1002-21. <br /> (ii) The Commission shall, upon petition, or upon its own motion, review existing <br /> stream standards, classifications or water quality designations in subsection <br /> (iii) below. The Commission may revise stream standards, classifications and <br />' designations pursuant to the criteria listed in subsection (iv) below. <br /> (iii} The Commission shall make a finding of inconsistency, taking into account <br />' sections 25-8-102 and 25-5-104, C.R.S., if a water quality designation does <br /> not conform with the provisions of section 25-8-209 or if the existing use <br /> classification(s) or water quality standards: <br /> <br /> <br />