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Water Code - Confederated Tribes of the Umatilla Indian Reservation

Water Code - Confederated Tribes of the Umatilla Indian Reservation

STATUTES

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended Through Resolution No. 05-027 (March 7, 2005) 4. Reserve and allocate groundwater and surface water to the beneficial uses established in this Code; 5. Conduct hearings and issue appropriate orders; 6. Grant, deny, modify or revoke any permits required or authorized by this Code; 7. Interpret the provisions of this Code, either on its own motion or at the request of the Director; 8. Make determinations of availability of water and the allocation of water resources to the beneficial uses established in this Code; 9. Establish priorities of beneficial uses of water resources within each water management region established by this Code; 10. Recommend to the Board of Trustees the purchase or sale of real or personal property or other interests as they may pertain to the protection of the quality and quantity of Tribal water; 11. Serve as liaison between the Board of Trustees and the Department of Natural Resources, and other bodies or agencies having functions or activities relating to water use, water quality or water management; 12. Provide recommendations to the Board of Trustees, regarding administrative or intergovernmental agreements, exchange of information, cooperation with other governmental agencies involving the development, use, or management of Tribal waters; 13. Take action to insure adequate flows or water levels in streams and lakes for wildlife, aquatic life, and other resources; 14. Determine existing and foreseeable uses of and needs for water; 15. Reserve and set aside water for future utilization; 16. Coordinate the activities of this Code, as necessary, with other committees and commissions of the Confederated Tribes; 17. Reserve and allocate surface water for non-consumptive, instream uses that are necessary for fish habitat, wildlife habitat, recreation, and pollution abatement purposes; 18. Define surface water and/or groundwater local management areas and sub-areas for specialized administration under this Code and establish standards on development and use of water resources in those areas; 19. Direct the preparation of and adopt water conservation plans when necessary to insure the availability of water resources required to protect the political integrity, economic security and the health, safety, and welfare of the Confederated Tribes and the residents of the Umatilla Indian Reservation; 20. Take any other actions that are permissible under the provisions of this Code. F. Rules and Regulations. 1. The Water Commission is directed to write, adopt, and modify such rules and regulations as the Commission deems necessary to implement the provisions of this WATER CODE PAGE 13

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended Through Resolution No. 05-027 (March 7, 2005) Code. This directive shall include, but not be limited to, rules, regulations, and standards to cover the following activities on: a. Well construction and maintenance; b. Groundwater protection and development; c. Construction and maintenance of dams and hydraulic embankments; d. Impoundments and other water storage projects; e. Water budget for management regions; f. Water quality standards; g. Water conservation. h. Standards for beneficial use of water; i. Surface water diversions; j. Wetlands protection; k. Best Management Practices for non-point source pollution; l. Stream zone alterations; and m. Any other activities which affect the quantity or quality or the water resources but have not become apparent at this time. 2. The above noted topics may be included in one or more documents of rules or regulations. Such rules and regulations shall not be valid until they have been approved and adopted by the Water Commission. G. Procedures for Promulgating Rules and Regulations. 1. The Water Commission shall prepare draft rules and regulations and ensure that the drafts are available for public review and comment. 2. Notice of the rules and regulations shall be published in a newspaper of general circulation on the Reservation. The notice shall include a summary of the proposed rule or regulation, where copies of the proposed rule or regulation may be obtained, where to submit comments, and the deadline for making comment. 3. The Water Commission shall provide a public comment period of at least thirty (30) calendar days. 4. The final rules and regulations adopted by the Water Commission shall be consistent with the policies of this Code and take into consideration the public comments received. 5. The rules and regulations shall become effective on the date of adoption by the Water Commission or at a later date as specified by the Water Commission. H. Emergency Rule-making Authority. 1. The Water Commission is authorized to promulgate emergency rules and regulations governing activities related to water use, water quality or stream zone activities to WATER CODE PAGE 14

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