The federal Clean Water Act requires that states and tribes restore and maintain the chemical, physical, and biological integrity of the nation's waters. States and tribes must adopt water quality standards necessary to protect fish, shellfish, and wildlife while providing for recreation in and on the waters whenever possible.

Section 303(d) of the Clean Water Act establishes requirements for states and tribes to identify and prioritize water bodies that are water quality limited (i.e., water bodies that do not meet water quality standards). States and tribes must periodically publish a priority list of impaired waters, currently every two years. For waters identified on this list, states and tribes must develop water quality improvement plans known as total maximum daily loads (TMDLs) that establish allowable pollutant loads set at levels to achieve water quality standards.

The Birch Creek Subbasin is located in east-central Idaho, along the Montana border. The nearest towns are Leadore to the north and Mud Lake to the south. Birch Creek makes no surface connection with any other streams; it is one of five central Idaho watersheds known as the "Sinks Drainages."

Other than Birch Creek there are few natural waterways in the subbasin. Birch Creek is completely diverted in the lower watershed to supply a hydroelectric project and is subsequently used for irrigation.

The §303(d) listed reach of Birch Creek occurs from the Reno Ditch to the "Playas." This reach is permanently dewatered and there is no mechanism by which restoration of the stream channel is possible or practical.

The dewatering of the natural channel renders any listing other than flow alteration meaningless; therefore, TMDLs were not established for nutrients, sediment, or habitat alteration. TMDLs are not required for water bodies impaired by pollution, but not specific pollutants. The U.S. Environmental Protection Agency considers flow alteration to be "pollution."  Therefore, a TMDL was not established for flow alteration for Birch Creek. It is recommended that this stream reach remain on the §303(d) list for flow alteration only, and the listings for nutrients, sediment, and habitat alteration be removed.