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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) WATER CODE LEGISLATIVE HISTORY The Board of Trustees of the Confederated Tribes of the Umatilla Indian Reservation enacted the Interim Water Code in Resolution 81-61 (August 5, 1981). The Interim Water Code was amended eight times, by the following resolutions: Resolution 81-71 (September 23, 1981), Resolution 83-03 (October 20, 1982), Resolution 84-38 (June 6, 1984), Resolution 88-43 (March 16, 1988), Resolution 89-10 (November 16, 1988), Resolution 90-40 (July 18, 1990), Resolution 94-33 (May 4, 1994), and Resolution 94-47 (June 15, 1994). The Board of Trustees adopted a comprehensive revision of the Interim Water Code in Resolution 95-72 (July 19, 1995). Following enactment of the revised Interim Water Code, the Board amended Section V(C) in Resolution No. 96-70 (August 7, 1996). In the Statutes of the Confederated Tribes of the Umatilla Indian Reservation, July 1999 Compilation, three editorial changes were made to the revised Interim Water Code. One of these changes was to remove the word “Interim” from the name of the Code. The other changes are described in detail in the legislative history published with the Code in the July 1999 Compilation. The Board of Trustees approved these changes in Board Resolution No. 99-63 (July 28, 1999). Following Board approval of the Statutes of the Confederated Tribes of the Umatilla Indian Reservation, July 1999 Compilation, the Board amended Section V(C) of the Code once again, this time in Resolution No. 02-080 (September 30, 2002). Aside from the Water Code, the Board has occasionally enacted other legislation regulating uses of water and impacts to water on the Umatilla Indian Reservation. The first of these was the Stream Zone Alteration Regulations, which were originally enacted in Board Resolution No. 83-04 (October 20, 1982). They were subsequently amended or revised by the following resolutions: No. 84-50 (July 18, 1984), No. 90-35 (May 16, 1990) and No. 95-73 (July 19, 1995). In addition, the Board enacted the Tribal Water Quality Standards and Implementing Provisions in Board Resolution No. 99-68 (September 1, 1999). The Water Quality Standards were amended in Board Resolution No. 01-040 (March 26, 2001). The Tribal Water Quality Standards and Implementing Procedures are the vehicle through which the Confederated Tribes enforces section 401 of the Clean Water Act. In order for the standards and procedures to take full effect, the U.S. Environmental Protection Agency had to determine that the Confederated Tribes qualified for “treatment as a state” under section 518 of the Clean Water Act. In a letter dated April 30, 2001, the EPA formally determined that the Confederated Tribes qualified for treatment as a state status. In a letter dated October 18, 2001, the EPA approved the TribesWater Quality Standards. In the years 2000-2003 tribal staff and the Water Commission developed a comprehensive revision to the Water Code, which integrated the Stream Zone Alteration Regulations and the Water Quality Implementing Provisions into the text of the Code. The Tribal Water Quality Implementing Provisions became chapter 3 of the Code, and the Stream Zone Alteration standards became chapter 4 of the Code. The Tribal Water Quality Standards, unlike the Implementing Provisions, were not integrated into the text of the revised Code. Instead, the Code treats them as regulations under the authority of the Water Commission. Thus, the Commission can amend these standards on its own authority, without subsequent approval of the Board of Trustees. The revised Code eliminated procedural inconsistencies and conflicts between these various enactments. In addition, the revised Code added new, more comprehensive procedures covering subjects that were not previously addressed by any Tribal statute. Thus, new provisions were included that address water quality management planning, water quality review of Tribal permits, and enforcement. The Board of Trustees enacted the new comprehensive Water Code in Resolution No. 03-100 (November 10, 2003). Resolution No. 03-100 specified that the new Water Code would take effect January 1, 2004. WATER CODE PAGE A - 2

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended Through Resolution No. 05-027 (March 7, 2005) In Resolution No. 04-047 (July 26, 2004), the Board of Trustees enacted an amendment to section 1.10(C) of the Water Code, changing the number of Board Members allowed on the Commission from “one” to “at least one”. In Resolution No. 05-027 (March 7, 2005), the Board of Trustees corrected an unintended omission in the list of protected streams in section 4.01(B) by adding the Main-stem Umatilla River and Spring Creek to the list. WATER CODE PAGE A - 3

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