An aquifer or a portion of an aquifer which meets the criteria for an underground source of drinking water may be designated as an exempted aquifer if the following criteria are met:
004.01 It does not currently serve as a source of drinking water; and004.02 It cannot now and will not in the future serve as a source of drinking water because: 004.02A It is mineral, hydrocarbon or geothermal energy bearing with production capability;004.02B It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical;004.02C It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or004.02D It is located above a Class III well mining area subject to subsidence or catastrophic collapse.122 Neb. Admin. Code, ch. 5, § 004