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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) use, and development of water resources and shall provide incentives for water users to practice water conservation. F. Groundwater Conservation. Groundwater supplies are vitally important to the health and welfare of the citizens of the Reservation and to the progressive development of the Reservation economy. Development of water resources shall be controlled and regulated to prevent the depletion of aquifers and the overdraft of groundwater. Management of water resources shall protect and improve the quality of the groundwater resources. G. Competition for Water; Well Interference. Development of water resources shall be controlled and regulated to reduce or prevent well interference and competition for water between users. H. Water Use in the Development of the Reservation Economy. It is in the Tribal interest to direct the allocation and promote the development of water for all beneficial uses which benefit the overall economic development of the Reservation. I. Impoundments and Artificial Obstructions. Impoundments and artificial obstructions to instream flow shall be constructed in conformance with the standards set forth in the Confederated Tribes’ statutes and regulations on safety of dams and hydraulic embankments, stream zone alterations, water quality standards, and any other regulations and standards promulgated by the Confederated Tribes that may apply. In the planning and construction of impoundment structures or other artificial obstructions, due regard shall be given to protecting human health and safety, property, fish and wildlife resources, and the associated aquatic community. Multipurpose impoundment structures are preferred over single purpose impoundments, and upstream impoundments are preferred over downstream impoundments. Impoundments and artificial obstructions shall be designed and sited to minimize the impact on anadromous fish habitat and to improve water quality and quantity for instream uses. The Board of Trustees shall review proposals for large dams and shall make the final determination if the large dams will be approved for construction. Dams or artificial obstructions extending greater than five feet vertically above the river bed of the main stem Umatilla River are prohibited. J. Reserve Water for Human Consumption. Adequate and safe supplies of water shall be reserved for human consumption by residents of the Reservation. K. Provide Water For Fish And Wildlife Resources. The fish and wildlife populations and traditional plants of the Reservation are important subsistence, cultural, and recreational resources, and as such, in managing water resources, the Confederated Tribes shall allocate water and provide sufficient water quality for the protection and conservation of these resources. Alterations of physical and vegetative features along streams and wetlands which degrade wildlife or fish habitat or destabilize soils or stream banks shall be discouraged. L. Provide Water for Wetland Resources. Wetlands provide critical habitat for fish and wildlife populations, traditional plants, and other natural resources of the Reservation; therefore, wetlands shall be preserved and restored to assure the continued production of these resources for use by future generations. M. Protection of Stream Flows. Streams are an integral and vital element of the culture of the Confederated Tribes. Protection of streams for their cultural, spiritual, recreational, economic, and ecological values shall be paramount to the management of water resources. Stream flows that are required to maintain habitat for anadromous and resident fish, recreational opportunities, and the integrity of the stream environment shall be established and protected. N. Protection of Stream Zones. Protection of stream zones of the Umatilla Indian Reservation is vital to the preservation of Tribal traditional values and religion, and the Confederated Tribes’ hunting, fishing, and gathering rights and the way of life that depends on them as provided by the Treaty of 1855. Stream zones are vital to the integrity of the stream environment and the WATER CODE PAGE 3

STATUTES of the CONFEDERATED TRIBES of the UMATILLA INDIAN RESERVATION As Amended Through Resolution No. 05-027 (March 7, 2005) protection and enhancement of beneficial uses. Activities or alterations which promote the establishment, growth, and protection of riparian vegetation shall be encouraged. O. Watershed Protection. Watershed practices which serve to capture water or reduce its rate of flow from the Reservation shall be promoted. Alterations to watersheds which foster increased runoff rates, increased water temperatures, and increased sediment delivery to streams shall be discouraged. Best management practices shall be prepared and implemented to improve or prevent the degradation of the quality and quantity of water produced by watersheds that supply water to Reservation streams. P. Water Quality. The Water Code will be the primary source of regulation and enforcement for water quality standards and the TMDL for the Umatilla Indian Reservation. The quality of the water resources shall be maintained and improved to support the beneficial uses of water established in this Code. Land use and water development activities shall be regulated to ensure the improvement of the quality of degraded waters and to implement the antidegradation policy for existing water quality. The Water Quality Standards shall be applied in a manner that promotes the maximum beneficial use of the water resources of the reservation and is consistent with Tribal law. Q. Anti-degradation Policy. The protection of existing instream uses and the level of water quality and quantity necessary to provide full support to those uses must be maintained and protected. No provision or conditioned activity is to be interpreted as suspending basic water quality protection. This policy is not intended to prevent the restoration of instream uses that existed prior to human caused alteration of a water body. R. Pollution and Contamination Prohibited. Activities that pollute or contaminate water resources in a manner that substantially endangers or has a long-term adverse impact on human health and welfare, safety, and/or the environment are prohibited. No person or entity shall place, spill, discharge, release or introduce any compound, chemical, contaminant, product, pollutant or substance either directly or indirectly, into the ground or surface waters of the Reservation. S. Pollution Prevention. To prevent and control the pollution of the waters of the Reservation, any present or future actions that are likely to cause or contribute to the lowering of water quality of any waters of the Reservation must, at a minimum, use all known, available, and reasonable methods of prevention, control and treatment that apply to the action. T. Intergovernmental Cooperation and Coordination. The nature of the Clean Water Act governing the use and protection of water make it necessary for close intergovernmental cooperation and coordination to ensure successful implementation of the Clean Water Act. Concurrent jurisdiction between the Confederated Tribes and the State of Oregon over particular water bodies or courses can be complex. The policy of the Confederated Tribes is to seek and enter into cooperative agreements with the appropriate state, federal and/or local governmental bodies to carry out their respective obligations in a cooperative manner. SECTION 1.06. ADMINISTRATION The Director or his designees shall be responsible for administering this Code. The Director shall perform administrative duties as set forth in this Code. SECTION 1.07. DEFINITIONS A. As used in this Code, the following words and phrases shall mean: 1. “401 Certification”: a written declaration by the Confederated Tribes to either grant, conditionally grant, deny or waive, an applicant’s request to discharge to surface waters of the Reservation, as part of a federally permitted or licensed activity as per 33 U.S.C. § 1341. WATER CODE PAGE 4

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