When the department is presented with facts indicating that a body of water is not properly classified in accordance with its existing, present, and future most beneficial uses, the department shall, within 90 days, evaluate the facts. If the department determines that the water body is not properly classified, the department shall initiate rulemaking to properly classify the water body in accordance with its existing, present, and future most beneficial uses. Action pursuant to this section is subject to 75-5-307.
§ 75-5-302, MCA