Statutes, codes, and regulations
Delaware Administrative Code
Title 7 - Natural Resources and Environmental ControlDivision of Watershed StewardshipWatershed Assessment Section
Surface Water Quality Standards
Section 7401-3.0 - Stream Basins & Designated Uses

7 Del. Admin. Code § 7401-3.0

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Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 7401-3.0 - Stream Basins & Designated Uses

The designated uses applicable to the various stream basins represent the categories of beneficial use of waters of the state which must be maintained and protected through application of appropriate criteria.

Basins and waterbodies as illustrated in Figure 1

Public Water Supply Source

Industrial Water Supply

Primary Contact Recreation

Secondary Contact Recreation

Fish, Aquatic Life & Wildlife**

Cold Water Fish (Put-and-Take)

Agricultural Water Supply

ERES Waters*

Harvestable Shellfish Waters

Fish Consumption

#

Name

1

Naamans Creek

-

x

x

x

x

-

(a)

-

-

x

2

Shellpot Creek

-

x

x

x

x

-

(a)

-

-

x

3

Brandywine Creek

(a)

x

x

x

x

(b)

(a)

(h)

-

x

4

Red Clay Creek

x

x

x

x

x

(e)

x

q

-

x

5

White Clay Creek

(a)

x

x

x

x

(f)

(a)

(g)

-

x

6

Christina River

(a)

x

x

x

x

(c)

(a)

-

-

x

7

Delaware River

-

-

x

x

x

-

(a)

-

-

x

8

Army Creek

-

-

x

x

x

-

(a)

-

-

x

9

Red Lion Creek

(a)(i)

x

x

x

x

-

(a)

-

-

x

10

Dragon Run Creek

(a)

x

x

x

x

-

(a)

-

-

x

11

Chesapeake & Delaware Canal East

-

x

x

x

x

-

-

-

-

x

12

Appoquinimink River

-

x

x

x

x

-

(a)

-

-

x

13

Blackbird Creek

-

x

x

x

x

-

(a)

-

-

x

14

Delaware Bay

-

x

x

x

x

-

(a)

x

15

Smyrna River

-

x

x

x

x

-

(a)

-

-

x

16

Leipsic River

-

x

x

x

x

-

(a)

-

-

x

17

Little Creek

-

x

x

x

x

-

(a)

-

-

x

18

St. Jones River

-

x

x

x

x

-

(a)

-

-

x

19

Murderkill River

-

x

x

x

x (r)

-

(a)

-

-

x

20

Mispillion River

-

x

x

x

x

(a)

x

21

Cedar Creek

-

x

x

x

x

-

(a)

(d)

-

x

22

Broadkill River (k)

-

x

x

x

x

-

(a)

-

-

x

23

Elk Creek

-

x

x

x

x

-

x

-

-

x

24

Perch Creek

-

x

x

x

x

-

x

-

-

x

25

Chesapeake & Delaware Canal West

-

x

x

x

x

-

-

-

-

x

26

Bohemia Creek

-

x

x

x

x

-

x

-

-

x

27

Sassafras River

-

x

x

x

x

-

x

-

-

x

28

Chester River

-

x

x

x

x

-

x

-

-

x

29

Choptank River

-

x

x

x

x

x

-

x

30

Marshyhope Creek

-

x

x

x

x

-

x

x

-

x

31

Nanticoke River

-

x

x

x

x (p)

-

(a)

x

-

x

32

Gum Branch

-

x

x

x

x

-

(a)

x

-

x

33

Gravelly Branch

-

x

x

x

x

-

(a)

x

-

x

34

Deep Creek

-

x

x

x

x

-

(a)

x

-

x

35

Broad Creek

-

x

x

x

x (p)

-

(a)

x

-

x

36

Wicomico

-

x

x

x

x

-

(a)

x

-

x

37

Pocomoke River

-

x

x

x

x

-

x

-

-

x

38

Lewes & Rehoboth Canal

-

x

x

x

x

-

-

-

-

x

39

Rehoboth Bay

-

x

x

x

x

-

(a)

x

(j)

x

40

Indian River

-

x

x

x

x

-

(a)

(d)

-

x

41

Iron Branch

-

x

x

x

x

-

(a)

(d)

-

x

42

Indian River Bay

-

x

x

x

x

-

(a)

x

(j)

x

43

Buntings Branch

-

-

x

x

x

-

x

-

-

x

44

Assawoman

-

-

x

x

x

-

(a)

x-

-

x

45

Little Assawoman Bay

-

x

x

x

x

-

(a)

x

-

x

Delaware Bay (waterbody) (l), (n)

-

x

x

x

x

-

-

(m)

(j)

x

Delaware River (Waterbody) (l),(o)

-

x

x

x

x

-

-

-

-

x

Atlantic Ocean (waterbody)

-

x

x

x

x

-

-

(m)

x

(a) Designated use for freshwater segments only.
(b) Designated use from March 15 to June 30 on:
1. Beaver Run from PA/DE line to Brandywine.
2. Wilson Run Route 92 through Brandywine Creek State Park.
(c) Designated use from March 15 to June 30 on:
1. Christina River from MD/DE line through Rittenhouse Park.
(d) Designated use for marine water segments only.
(e) Designated use year round on:
1. Red Clay Creek from PA/DE line to the concrete bridge above Yorklyn
(f) Designated use year round on:
1. White Clay Creek from the PA/DE line to the dam at Curtis Paper.

Designated use from March 15 to June 30 on:

2. Mill Creek from Brackenville Road to Route 7.
3. Pike Creek from Route 72 to Henderson Road.
(g) Designated use from PA/DE line to the dam at Curtis Paper.
(h) Designated use from PA/DE line to Wilmington city line.
(i) Goal use - not currently attained.
(j) Parts of these waters are APPROVED shellfish harvesting areas. Information on areas where shellfish may be taken should be obtained from the Shellfish & Recreational Waters Branch, Watershed Assessment Section, Division of Watershed Stewardship, Department of Natural Resources and Environmental Control.
(k) Includes Primehook Creek watershed.
(l) Includes assorted minor watersheds not explicitly associated with any other designated stream basin.
(m) The specific portions of the Atlantic Ocean and the Delaware Bay for which the ERES designation shall apply shall be delineated in the Pollution Control Strategy developed for each of those waterbodies. The ERES designation for the Atlantic Ocean and the Delaware Bay does not include water explicitly associated with any other designated stream basis (e.g., Delaware Bay does not include St. Jones River).
(n) The Delaware Bay extends from River Mile 0.0 to 48.2 as shown on Figure 1.
(o) The Delaware River extends from River Mile 48.2 to 78.8 as shown in Figure 1.
(p) The Nanticoke River from the upstream-most limits of the City of Seaford to the Maryland State Line and the Broad Creek from the upstream-most limits of the Town of Laurel to the confluence with the Nanticoke River have special criteria in subsection 4.5 that are protective of open water fish and shellfish, shallow-water bay grass and migratory fish spawning and nursery designated uses consistent with the Maryland portion of the tidal Nanticoke River and as described in the U.S. Environmental Protection Agency document Ambient Water Quality Criteria for Dissolved Oxygen, Water Clarity and Chlorophyll a for the Chesapeake Bay and its Tidal Tributaries (EPA 903-R-03-002). Attainment of the water quality criteria that apply to these waters will be determined following the guidelines documented within the same document and any future published addendums or modifications to that original publication.
(q) ERES designation is for Burrows Run from the Pennsylvania Line to the confluence with Red Clay Creek
(r) The Murderkill River from the Route 1 Bridge to the confluence with Delaware Bay has special dissolved oxygen criteria in subsection 4.5 that are protective of the wetland dominated tidal river designated use.
(x) This designated water use to be protected throughout entire stream basin

- water uses not designated in the stream basin

* waters of exceptional recreational or ecological significance

** includes shellfish propagation

Figure 1 Delaware Watersheds and Waterbodies

Click here to view Image

Basin Boundaries to be used in determination of standards applicability are on file with the DNREC Division of Watershed Stewardship.

7 Del. Admin. Code § 7401-3.0

18 DE Reg. 312 (10/1/2014)
21 DE Reg. 241 (9/1/2017)
26 DE Reg. 608 (1/1/2023) (Final)