30.02.020 Establishment of Office of Tribal Water Administrator

There is hereby created the office and position of Tribal Water Administrator (TWA). The TWA is the executive arm of the Commission for water management, is responsible directly to the Commission. The TWA will correlate with the Director of the Natural Resources Department and the Director of the Environmental Protection Program, and has the authority to administer the water acts of the Tribe according to this Act, its regulations, and the general instructions of the Commission. The TWA will collaborate with the Director of the Natural Resource Department, the Director of Environmental Protection Program and all other agencies/departments including but not limited to the Turtle Mountain Housing Authority, Indian Health Service, Forestry, Public Utilities, Transportation, and/or Law Enforcement, et al. When water is concerned, all tribal agencies will adhere to this act.

(a) The TWA will be qualified by training or experience in the fields of hydrology, water rights engineering or administration, irrigation, water development, watershed management, water supply, or water quality management and culture.

(b) Regulation of water being the lifeblood of the community and critical to the conservation and enhancement of its resources, the TWA will guard all the interests involved in carrying out the duties and authorities of the office.

(c) The TWA will have the following duties and authorities:

(1) Administrative and Enforcement Functions to guarantee that the Culture and Traditional teachings of the Tribe are honored in the Act.

(2) To administer reservation water rights, and ensure maximum compliance with the Act and with the conditions of all permits, determinations, orders, regulations, plans, policies, guidelines, and other actions taken by the Commission .

(3) To enter upon lands within Tribal Jurisdiction to inspect methods of diversion, withdrawal, and other activities affecting water quality and water quantity, to install measuring devices for the purpose of enforcing and administering this Act, and to monitor water use and water quality, and to develop water quality standards for adoption by the Tribal Council.

(4) To monitor all Tribal Laws pertaining to water to assure compliance with regulations.

(5) In an emergency, to remove, render inoperative, shut down, close, seal, and cap, modify, or otherwise control methods of diversion and withdrawal, obstructions to the flow of water, and activities adversely affecting water quality and quantity, subject to expedited appeal by the affected person, as provided in this Act.

(6) To initiate, by citation and other means, enforcement proceedings before the Commission. In Tribal Court, or other court of competent jurisdiction for violations of this Act, including injunctive relief.

(7) To hire, supervise, and discharge office and technical staff.

(8) To monitor and report all uses of Tribal water and to provide an annual report to the Commission on the status and use of tribal resources.

(d) Advisory Functions:

(1) To advise the Commission on all water resource related development planning issues, and provide the Commission with an annual report on water quality and quantity and the status of water use on the Reservation, and provide suggestions, alternatives, and recommendations for water management.

(2) To recommend to the Commission changes to this Act and to its regulations.

(3) To develop and submit an annual budget and office policies and procedures to the Commission for approval.

(4) To recommend certain land areas and waters on the Reservation to the Commission as suitable for dedication to certain beneficial uses.

(5) To recommend designation of surface and groundwater regions on the Reservation as "critical management areas" and to propose specialized provisions for management within those areas.

(e) Fact-Finding and Information Functions:

(1) To research and determine water supply and quality characteristics and development possibilities.

(2) To collect all data and to prepare all reports as required by this Act.

(3) To collect, maintain and analyze, on a continuing basis, information regarding the integrated use of natural resources and other factors actually or potentially affecting water resources within the Reservation.

(f) To organize or seek resources to develop a computerized database of Reservation water resource information, organized in a form useful to tribal decision makers and Reservation residents, and provide periodic reports describing the overall structure, use and application of the database.

(g) To perform or coordinate ongoing research regarding the overall capacity of the Reservation's watercourses and aquifers, with a view in particular to discovering and reporting the levels above or below where specific water use impairs or affects overall water availability and use, and to determine the extent of potential effects on existing water uses, given hydrologic conditions, from proposed uses of Tribal water.

(h) To conduct public educational programs and develop educational materials regarding water rights and administration, irrigation issues as determined by the Commission and the Director of the Natural Resources Department.

(i) To prepare, at the Commission's request, hydrologic information including alternative scenarios given alternative uses, climatic trends and conditions for the use of the Commission in determining beneficial uses, critical management areas, and water supply conditions.

(j) To assist all applicants for permits in assembling and analyzing all hydrologic, public health, and environmental data required to be submitted with the application and otherwise to assist in the preparation of the application.

(k) To determine the extent of potential effects on existing users of a proposed use of Tribal water.

(l) To determine watershed rotation schedules for water diversion to meet demands in water short years.

(m) To establish appropriate water duties for Reservation lands and watersheds through hydrologic research and recommend technological changes or modifications to improve water use, water quality or efficiency.

(n) To present tribal water information and findings at tribal meetings, workshops and educational functions.