30.01.050 Definitions

For the purposes of this Act, all terms otherwise not defined below will be given their ordinary meaning, unless the term is specifically defined within the Act.

(a) "ALLUVIAL GROUND WATER" will mean water located below the land surface within the Shell Valley Aquifer hydro stratigraphic unit.

(b) "BMP" will mean Best Management Practices.

(c) "CAPTURE ZONE" The zone around a water well contributing water to the well; the area on the ground surface from where a well captures water.

(d) "COMMISSION" will refer to the Tribal Water Resource Commission, or also referred to as TWRC, of the Turtle Mountain Band of Chippewa, organized under this Act for the purpose of water resource management, watershed rehabilitation or enhancement, water development or water quality protection.

(e) "DOMESTIC POTABLE WATER SUPPLIES" will mean the water used in residences and businesses for consumption by humans.

(f) "EPA" will mean the United States Environmental Protection Agency.

(g) "INDIAN COUNTRY" will mean all territory within the boundaries of the Turtle Mountain Band of Chippewa Reservation including, but not limited to, land owned by non-Indians in fee simple and Reservation land opened to settlement by non-Indians.

(h) "MOTHER EARTH" is the metaphorical expression for the Earth and its biosphere and is the giver and sustainer of life and is a collective subject of public interest.

(i) "NON-ALLUVIAL GROUND WATER" will mean all other ground water beneath the land surface that is not alluvial ground water.

(j) "NON-POINT SOURCE POLLUTION" will mean a source of pollution to air or water that is not an obvious conveyance; a diffuse source that flows across natural or manmade surfaces, such as run-off from agricultural, construction, mining, cultural activities, or from urban areas.

(k) "NRCS" will mean the federal Natural Resources Conservation Service.

(l) "PERSON" will mean an individually enrolled member of the Turtle Mountain Band of Chippewa. Any organization for profit as a sole proprietorship, receiver, partnership, joint venture, trust estate, firm, unincorporated association, corporation or government, including but not limited to any part, subdivision or agency of any of the foregoing will not be construed as a person.

(m) "POINT SOURCE POLLUTION" is any apparent and distinct delivery from where pollutants are or may be discharged into a water body.

(n) "TRIBAL LANDS" will mean any and all lands within the Turtle Mountain Band of Chippewa Jurisdiction and its allotments are defined to include:

(1) Lands within the exterior bounds of the Reservation as defined in the Executive Orders of December 21, 1882, March 29, 1884, and June 3, 1884.

(2) All lands that may hereafter be added to or made a part of the Reservation.

(3) All land that is held in trust as allotments for the Tribe or individual tribal members.

(o) "TRIBAL WATER" will mean any and all waters arising on, underlying, flowing through, located upon or bordering, otherwise occurring and contained within the Reservation, tributary or non-tributary. All waters reserved at any time to the Turtle Mountain Band of Chippewa. All water necessary to make the land inhabitable and productive, all water sources within or bordering the reservation and its allotments; including any body of water that drains into waters of the Tribe, up to and including but not limited to; small intermittent or ephemeral waters, those tat are man-made or man-altered, and those broken by man-made or natural obstacles.

(p) "TRIBAL WATER ADMINISTRATION (TWA)" will refer to the Water Management Director of the Turtle Mountain Band of Chippewa, as described in Chapter 30.02 of this Act.

(q) "TRIBAL WATER RESOURCE COMMISSION (TWRC)" of the Natural Resource Department will be the primary agency responsible for overseeing water resources of the Tribe and for implementing the provisions.

(r) "TRIBAL WATER RIGHT(S)" will mean those rights since "time immemorial".

(s) "TRIBE" will mean the Turtle Mountain Band of Chippewa Indians.

(t) "YEAR" will be defined as the twelve (12) month period beginning April 1st and ending March 31st.