30.02.010 Administration by Tribal Water Resource Commission (Twrc)
(a) The Commission will be composed of 7 tribally enrolled members, appointed by the Tribal Council. The first Commission being composed of 3 members with term of 3 years; 2 members with a term of 2 years; and, 2 members with a term of 1 year. Following the first Commission, each member will serve a 3 year term.
(b) The Commission will have seven (7) members. It is a requirement of this provision that four of the presiding Commissioners be representatives of one (1) an elder , one (1) member from the Public Health sector, one (1) member from Natural Resource Department, one (1) member from the Public Water Department. The other three (3) Commissioners will be chosen at large.
(c) Each year, on May 1st, the appointment of staggered Commission members will expire. At that time, the Tribal Water Administrator (TWA) will announce vacancies for the Commission, along with the application process.
(d) The powers, duties and responsibilities of the Commission are to:
(1) Oversee the implementation of this Act.
(2) Adopt regulations implementing the provisions of this Act, subject to approval thereof by the Tribal Council and in accordance with the process established by tribal act for adoption of regulations.
(3) Adopt at least once every five (5) years a comprehensive water management plan, under the same process established by tribal law for adoption of regulations.
(4) Adopt such forms, internal rules and additional materials as the Commission may consider advisable.
(5) Approve or disapprove permits under the provisions hereof.
(6) Declare beneficial uses, critical management areas and water supply conditions, such determinations to be made on the basis of hydrologic analysis and other substantial evidence, and in consideration of existing demands for water.
(7) Oversee the development of integrated water resource information, monitoring and other data for the purpose of informed water resource decision-making.
(8) Develop and regularly present recommendations to the Tribal Council for long-term sources of funds to support tribal water management.
(9) Organize and operate its office in order to discharge its duties and responsibilities effectively.
(10) Establish and maintain a technical staff qualified by training and experience to administer and enforce this Act.
(11) Provide an annual report, June 1st of each year, to the Tribal Council and the Reservation community on the status of tribal water resources and provide general education to tribal members and other Reservation residents in water resource protection and management. The primary sections of this act will provide the outline for this report.
(12) Contract, within budget and funding limitations, with consultants, public agencies, or any other public or private entity for the provision of services necessary or advisable to assist the Commission in its responsibilities.
(13) Delegate any of its duties and authorities to the Tribal Water Administrator except the duty or authority:
(A) To hear disputes regarding the actions of the Tribal Water Administrator and/or water management staff in accordance with the procedures set forth in this Act;
(B) To approve or disapprove water use permits in accordance with the principals and procedures set forth in this Act; and
(C) To adopt regulations and water management plans.
(14) Commission members will be compensated for services and will be reimbursed for expenses at a rate commensurate with the approved rate established by Tribal Government for Commission compensation Commission members have the right to refuse compensation and may use pro-bono status for tax purposes.
(15) Members of the Commission will not hold any other Tribal elective or appointive office, other than their regular Tribal Council seats, during their tenure on the Commission. A Commission member who is materially, financially, or otherwise directly affected in a particular substantive action of the Commission will be disqualified from participating in a decision or action when permitting occurs.
