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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) property is contraband, the judge shall order the contraband to be destroyed immediately, or disposed of, and all proceeds there from shall be the sole property of the Confederated Tribes. If the property may be adapted to any lawful use, it shall be forfeited to the Confederated Tribes for its use. 2. If the property seized under the provisions of this Section is not found to be contraband pursuant to this Section, it shall be immediately returned to the person(s) from whom it was taken. In such case, no storage, impoundment or other charges shall be assessed against the owner or person from whom the property was taken. SECTION 5.07. OTHER RELIEF In addition to or in lieu of an other enforcement procedure provided by this Code, the Director is authorized to commence a civil action for appropriate relief, including permanent or temporary injunction, for any violation. Any action under this subsection may be brought within Tribal, state or Federal Court (if jurisdictional grounds are satisfied). A. Actual Damages. The civil action authorized under this subsection includes, but is not limited to, an action for equitable relief or an action to recover actual damages. See Section 1.06 for a definition of “actual damages.” B. Recovery of Costs. In any action brought by the Department, the Director may recover the Tribes’ reasonable costs incurred in enforcing the provisions of this Code, including its reasonable attorney fees. C. Notice of Civil Remedy. In any case in which the civil remedy provided under this section is issued or brought against a corporation, a copy of such notice of civil remedy shall be served on any appropriate corporate officer. D. Res Judicata/Collateral Estoppel. 1. No plea, finding or proceeding regarding any violation adjudicated under this Subsection shall be used for the purpose of res judicata or collateral estoppel, nor shall any plea, finding or proceeding upon any violation be admissible as evidence, in any civil proceeding. This subsection shall not be interpreted to authorize additional enforcement proceedings under this Chapter for the same offense. 2. If a person commits both a crime under Tribal law and a violation under this Code as part of the same episode, the prosecution or action with respect to one offense shall not bar the prosecution or action with respect to the other. However, the final judgment in one action shall not be admissible as evidence in any subsequent action. SECTION 5.08. CRIMINAL ACTIONS A. Clean Water Act. Any person who is subject to the criminal jurisdiction of the Tribes and who commits a violation or crime as defined in the Federal Clean Water Act 33 U.S.C. § 1319(c) (1996), shall be guilty of an offense and may be prosecuted under tribal criminal law. Upon conviction, such person shall be subject to a penalty or punishment of not greater than imprisonment for a term of one year and a fine of not more than $5,000 or both. B. Federal Enforcement. The Confederated Tribes may refer any person who commits a violation as defined in the federal Clean Water Act 33 U.S.C. § 1319(c) (1996) to the United States Environmental Protection Agency for appropriate action pursuant to federal law. C. Notice of Remedy. In any case where the criminal penalty provided under this section is issued to or brought against a corporation, a copy of such notice of remedy shall be served on any appropriate corporate officers. WATER CODE PAGE 63

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended Through Resolution No. 05-027 (March 7, 2005) APPENDIX A LEGISLATIVE HISTORY WATER CODE PAGE A - 1

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