30.03.030 Water Supply Management

(a) Surface Water and Alluvial Ground Water Resources

Surface and alluvial ground water resources are interconnected and the use of surface or ground water will be guided by hydrologic conditions and Tribal law.

(1) In evaluation of the use or transfer of surface water, the TWA will consider:

(A) The impact of the surface diversion on other surface water user.

(B) The impact of the surface diversion on ground water recharge and the overall water balance, including, return flow, in the immediate and relevant area.

(C) The impact of the surface water use upon the capture zone of any existing well in the immediate and relevant area, the size of the capture zone being determined by regulation.

(D) The impact on the surface water use and return flow upon surface or alluvial ground water quality.

(E) Waste water pits are not permitted.

(2) In evaluation of the use or transfer of alluvial ground water, the TWA will consider:

(A) The impact of ground water pumping upon surface water resources, as identified using appropriate values for aquifer characteristics hydrologic tools such as the Glover method (Glover, 1975).

(B) The impact of the proposed use on the overall allocation of water for each sub-watershed.

(b) Declaration of Hydrologic Conditions

(1) Stream gauges will be put in place to monitor ground water flow.

(2) No later than March 1 of each year, the TWA will prepare a water supply forecast to the TWRC for the declaration of the existence of drought conditions in the coming year. As a result of the differences between watersheds, the TWA may recommend and the WRB designate one portion of the Reservation in one condition and another part of the Reservation in another condition.

(3) The Declaration of Hydrologic Condition will be based on hydrologic evidence and in consideration of total demand, as follows:

(A) Normal Condition: a condition when the mean annual flow for a watershed is achieved and current and proposed demand is satisfied on the stream.

(B) Drought Condition: a condition when the mean annual flow of the watershed is not achieved and insufficient water exists to satisfy the demand on an entire stream or a specified reach of stream, including the needs of downstream users. For the purposes of establishing demand under this paragraph, rights under Tribal law will be determined by the established water duty for drought conditions; the Tribe retains jurisdiction over non-Indians when those matters affect the internal and social relations of the Tribe, its water resources and/or the Shell Valley Aquifer and its tributaries.

Pursuant to the Declaration of Hydrologic Conditions for surface water resources, notice of supplemental water availability through ground water development, water exchange, transfer and purchase will be issued. If no additional supplemental water exists, water allocation procedures proceed according to formulae determined by the TWA. Commission access to and payment for supplemental water or distribution facilities will be determined by regulations adopted by the Commission.

(d) Surface Water Allocation

(1) Guidelines

(A) A Water Allocation Permit is required for the diversion of ground and/or surface water in excess of 50,000 gallons per day for a period of more than 1 day in a 365 consecutive day period.

(B) A permit for any level of ground water use is required when a "stressed" aquifer is

involved.

(C) New uses of Tribal water resources will be granted pursuant to procedures and conditions outlined in this Act and by regulations adopted by the TWRC, only if existing tribal uses are satisfied given hydrologic conditions.

(D) Water originating from the Shell Valley Aquifer and its watershed will not be permitted for Hydraulic Fracturing purposes or for the maintenance of Hydraulic Fractured wells.

(2) Hydrologic conditions affect water allocation as follows:

(A) Based on the recommendations of the TWA, allocations will be determined by the TWRC, beneficially and efficiently.

(B) Current users have first priority; new users are then allocated proportionately.

(3) In drought conditions, every effort will be made to find supplemental water through water development of exchange as a first measure to meet water demands.

(e) Alluvial Ground Water Resources

(1) Declaration of Aquifer Conditions

(A) No later than March 1 of each year, the TWA will determine and report on the condition of the alluvial and non-alluvial ground water resources of the reservation, including but not limited to, water levels, water use, amount of water in storage, water availability, artesian pressures and water levels, water quality, and other characteristics.

(B) An annual declaration of ground water development level goals, including but not limited to existing protected rights, desired pumping rates, number of new wells allowed, and special seasonal pumping goals, establishes the number of new wells allowed each year and specifies desired pumping rates.

(2) Waste of Ground Water is Prohibited

(A) The Commission will have the authority to close, shut, and seal or render inoperative any well that contaminates another.

(B) The Commission will develop regulations for the prevention of waste, contamination or pollution of ground water through leaky casings, pipes, fittings, valves or pumps either above or below the land surface, provided that in the following cases the withdrawal or use of ground water will not be construed as waste:

(C) The withdrawal of ground water in connection with the construction, development, testing or repair of a well or other means of withdrawing ground water;

(D) The inadvertent loss of ground water owing to breakage of a pump valve, pipe or fitting, if reasonable diligence is shown by the person in effecting the necessary repair;

(E) The withdrawal of water for drainage purposes to increase the productivity of agricultural lands;

(F) The use of ground water to develop wetlands, sustain in-stream flows, or otherwise enhance cultural values for fish and wildlife purposes; the use of a spring or ground water resource for cultural, religious or traditional purposes including but not limited to gathering of herbs, soils, and rocks in the conduct of ceremonies.

(G) Flowing wells will be required to be capped or equipped with valves to control the loss of artesian pressure. Technical assistance or monetary assistance can be provided for those people that show a good faith effort but do not have the resources available for correction.

(H) Groundwater will not be used for fracking purposes.

(f) Disposal of Wastes Prohibited

The disposal of water in connection with the refining, production, reducing, smelting and milling of ores, coal, petroleum, gas and other industrial minerals is prohibited.

(g) Ground Water Allocation Procedures

(1) Existing non-alluvial and alluvial ground water uses are to be protected according to historic practices of use, in accordance with Tribal and Federal Law, to protect water resources.

(2) Reservation Tribal water users, Tribal governments, Tribal organizations or affiliations, will have first right to alluvial ground water resources. New and proposed uses of alluvial ground water will be permitted if such uses comply with this Act.

(3) Aggregate impacts to surface water, ground water or water rights will be considered in accordance with this Act, and conditions for use may be established by the TWRC for alluvial ground water use.

(4) Where hydrologic and environmental research determines that an existing or proposed use must be regulated in order to protect the resources, lands, or Tribal water rights, or other waters affected by such use, the TWRC will have the authority to determine such uses.