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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) h. Fire protection use from any source provided the applicant and proposed user is a fire protection district or Tribal Fire Department and the maximum pumping rate or rate of diversion is three-hundred (300) gallons per minute, i. Pollution abatement use, for dust control only, withdrawing water from any water source provided the maximum diversion rate is twenty-five (25) gallons per minute and the maximum annual usage is two (2) acre feet, j. Public, commercial, and industrial uses withdrawing water from any groundwater source provided the maximum rate of diversion is fifty (50) gallons per minute and the maximum annual usage is five (5) acre feet if the point of diversion is located in the Mission Basin Water Management Region; or a maximum rate of diversion of one hundred (100) gallons per minute and maximum annual usage of ten (10) acre feet if the point of diversion is located in any Water Management Region other than the Mission Basin. 2. Upon receiving a complete application and the filing fee, the Director shall approve a Water System Development Permit provided the applicant demonstrates that all of the criteria listed below are met. The Director shall deny the request if the request fails to comply with one or more of the review criteria. a. The requested use is a beneficial use of water as defined in this Code; b. The request conforms to the standards for beneficial uses; c. The request conforms to the Director’s criteria for approval as specified in this Code; d. The requested development and beneficial use supports a land use that is consistent with the policies and standards of the Confederated Tribes’ Land Development Code; e. Construction activities associated with the requested development do not discharge pollutants into the waters of the Reservation in violation of the Water Quality Standards; f. If the request is for developing a new diversion works to replace an existing diversion works or for altering an existing diversion works, that the existing diversion works is unable to provide the needed quantity or quality of water to support the requested beneficial use; and g. The applicant demonstrates that the owner(s) of the land where the point of diversion and place of use are located approves the filing of the application; h. There is water available from the proposed water source for the requested development and beneficial use. B. Water Commission's Criteria. 1. Upon receiving a complete application and the filing fee, the Water Commission shall hold a public hearing and evaluate the request for a Water System Development Permit based on the following criteria. a. The requested use is a beneficial use of water as defined in this Code; b. The request conforms to the standards for beneficial uses; c. The requested development and beneficial use supports a land use that is consistent with the policies and standards of the Land Development Code; WATER CODE PAGE 25

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended Through Resolution No. 05-027 (March 7, 2005) d. Construction activities associated with the requested development do not discharge pollutants into the waters of the Reservation in violation of the Water Quality Standards; e. If the request is for developing a new diversion works to replace an existing diversion works or for altering an existing diversion works, that the existing diversion works is unable to provide the needed quantity or quality of water to support the requested beneficial use; f. The applicant demonstrates that the owner of the land where the point of diversion and place of use are located approves the filing of the application; g. There is water available from the proposed water source for the requested development and beneficial use; h. The request is consistent with the policies and purposes of this Code; i. The quantity, diversion rate, point of diversion, place of use, and season of use of the proposed development will not interfere with higher priority uses, either permitted or reserved; and j. The request utilizes the minimum amount of water to accomplish the purposes of the proposed development. 2. When rendering a decision the Water Commission may: a. Approve the request without conditions if the request conforms to all of the criteria 1(a) through 1(j) above; b. Approve the request with conditions if condition(s) are needed to satisfy criteria 1(h), 1(i), and 1(j) above; c. Deny the request if the request does not conform to one or more review criteria 1(a) through 1(g) above; or d. Deny the request if no condition(s) will satisfy one or more of the criteria 1(h), 1(i), and 1(j). C. Obtaining a Water Use Permit. 1. Upon the approval of the Water System Development Permit, the permit holder shall complete construction and put water to beneficial use in accordance with the terms and conditions of the permit prior to the expiration date on the permit. If water has not been put to beneficial use prior to the specified expiration date, the Director shall cancel the Water System Development Permit in accordance with the provisions of this Code. 2. If water is put to beneficial use in accordance with the terms and conditions of the Water System Development Permit, the applicant shall register the development and the Director shall issue the Water Use Permit. 3. Registration and filing for a Water Use Permit requires the permittee to: a. Show proof of completion of the appropriation pursuant to the approved permit; b. Obtain and return a completed registration statement form for the water development authorized for each Water System Development Permit to the Department of Natural Resources; WATER CODE PAGE 26

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