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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) 2. These procedures are intended to be remedial and not punitive and should compensate the Confederated Tribes for the damage done to the peace, security, health and welfare and natural resources of the Umatilla Indian Reservation and for the actions taken by the Confederated Tribes to protect the Reservation, its resources and people. B. Application and Procedure. Unless otherwise provided by specific language elsewhere, this Code shall apply to any violation, bond procedure or forfeiture action listed in this Code or regulation adopted thereunder. C. Enforcement. 1. The Director shall be responsible for enforcing the provisions of this Code; the compliance with the conditions of all permits, determinations, and orders; with regulations, and other actions taken under this Code; the policies and guidelines expressed throughout this Code; and rules and regulations adopted pursuant to this Code. To this end the Director and his staff shall have right of access to all land and water use facilities and are authorized to: a. Investigate water uses and other activities affecting water resources to determine whether they are in compliance with this Code and with applicable regulations, orders, determinations, permits, and the Water Quality Standards issued under this Code; b. Inspect methods of water diversion and withdrawal, to inspect other activities affecting water quality and quantity, and to install and monitor measuring and recording devices; c. Issue warnings, stop work orders, abatement orders, compliance orders, stop use orders, citations as provided by this Chapter, and any other action authorized by this Code; d. Remove, render inoperative, shut down, close, seal, cap, modify, or otherwise control methods of water diversion and withdrawal, obstructions to the flow of water, and other activities which are in violation of this Code. 2. The Umatilla Tribal Police Department and the Tribal Prosecutor shall provide assistance to the Enforcement Officer in the enforcement of this Code. D. Court Procedure. Except in the case of those offenses defined as Criminal under this Code, The Umatilla Tribal Court shall schedule proceedings under this Code as part of its civil caseload and shall hear the case pursuant to the following: 1. All proceedings held pursuant to this Code shall be before a judge of the Umatilla Tribal Court without a jury; 2. The Confederated Tribes shall have the burden of proving the allegation in the citation or complaint by the preponderance of the evidence; 3. The Umatilla Tribal Court shall have the authority to exercise any and all of the Confederated Tribes’ inherent judicial powers in order to facilitate adjudication of any proceedings under this Code; and 4. In ruling on violations arising under this Code, the Umatilla Tribal Court shall have the authority to assess and collect civil penalties established as provided in this Code, and shall have the authority to enjoin or mandate action in the enforcement of this Code. E. Final Judgment. WATER CODE PAGE 51

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended Through Resolution No. 05-027 (March 7, 2005) 1. Any of the following shall constitute final judgment: a. The issuance of a citation as provided by this Code, unless contested as provided by this Code; b. A final Court order in favor of either the Confederated Tribes or the defendant as a result of an enforcement action under this Chapter; c. A determination by the Umatilla Tribal Court that property is subject to forfeiture under this Code. 2. Any final judgment in favor of the Confederated Tribes shall be an obligation of the defendant to the Confederated Tribes and is subject to collection including the issuance of writs of attachment, execution, garnishment or recovery. Such judgment shall become a lien upon any available real, personal or other property of the defendant located within the boundaries of the Umatilla Indian Reservation or within the jurisdiction of the Umatilla Tribal Court. When necessary, the Confederated Tribes may bring suit in any court to reach property of the defendant located outside the boundaries of the Umatilla Indian Reservation or outside the jurisdiction of the Umatilla Tribal Court. F. Additional Remedies. 1. Nothing in this Code shall be deemed to preclude the Umatilla Tribal Court from: a. Ordering the defendant to perform corrective or remedial work to alleviate the violation; b. Conditioning any permit operation on terms appropriate to a given situation; c. Ordering the defendant to pay compensation or restitution to an individual or any other entity injured by the actions of the defendant. Compensation or restitution shall reflect the actual documented damages or loss suffered as determined by the Umatilla Tribal Court and shall not include compensation for emotional distress, pain or suffering or other special damages; or d. Imposing any other remedy for civil violations to the extent authorized by Tribal law. 2. As directed by the Board of Trustees, the Director shall prepare for the approval of the Board, and from time to time shall review and, as necessary, propose revisions to a schedule of offenses for which a mandatory hearing will take place and in which this section may be applied. 3. The Court may order any owner and/or operator to pay a fine, perform corrective or remedial work, or to pay compensation or restitution for offenses under this Chapter in which a mandatory court appearance applies as provided by this section. SECTION 5.02. CITATIONS A. Determination of Identification. If an Enforcement Officer has reasonable grounds to believe that a person has committed a violation of this Code or any regulation issued under this Code either in or out of the Officer’s presence, the officer may identify himself/herself to the alleged violator and promptly request any personal and/or professional identifying information necessary to carry out the enforcement procedures under this Section. In making such determination, the Enforcement Officer may demand identification and ask questions as he/she reasonably believes necessary to making the determination. B. Citation. WATER CODE PAGE 52

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