30.03.040 Water Quality Management and Protection

(a) Surface and Ground Water Quality

(1) The establishment and adoption of Tribal water quality standards as set forth by this act; currently and until otherwise adopted, the water quality standards for this act will follow Water Quality Standards Handbook - Chapter 2: Designation of Uses (40 CFR 131.10).

(2) Regulating water uses to achieve water quality standards and with effective management of land and natural resources.

(b) Water Quality Regulation

(1) Any proposed use of water, or use of the watershed resources of the Tribe that affects the quality or quantity of Tribal water above a limit of fifty (50) cubic feet per second, one hundred (100) gallons per minute or potentially exceeds or violates a water quality standard will be required to conduct an environmental assessment, or further investigations, as regulated by the Commission.

(2) Compliance with such standards will be administered by the TWA and the TWRC in accordance with procedures specified in this Act and pursuant to the development of any future Tribal environmental laws and regulations.

(1) Reservation surface and ground water resources will be characterized and classified according to a system of community-defined uses, Tribal priorities, and accepted scientific methods. These classifications will be updated every five (5) years and used to guide permitting and water quality management requirements to water users.

(2) Compliance with these classifications, and standards adopted for each, will be necessary to obtain water use permits, and will be administered and enforced by the Commission and the TWA in accordance with procedures established in this Act.

(3) Opportunities for water quality treatment will be assessed with regard to each classified water source.

(d) Adoption of Best Management Practices (BMP's) in Controlling Non-Point Source Pollution

(1) Interim BMP's, following those developed by the NRCS, EPA, and other federal agencies for agricultural, rangeland and soil conservation are hereby adopted by this Act, and will be used to guide and condition water uses so as to protect the Tribal water rights, water supply and quality.

(2) Once BMP's are adopted, all Tribal agencies will comply with the BMP's of this act.

(3) Non-compliance of adopted BMP's, by other agencies, will be a violation of this act.

(4) Water quality assessment and monitoring for non-point sources of pollution will be required as a condition of water permit issuance. The TWA will develop methods for cost effective non-point source water pollution assessment and monitoring.

(5) A system that encourages and rewards non-point source pollution control activities that provides real incentives for the landowner or business owner may be identified and adopted by the Commission.

(e) Long-Term Water Quality Monitoring Program

(1) In the interests of protecting the long-term quality of Reservation water resources, forecasting trends, and anticipating changes to land or water use, the Commission and TWA hereby establish a long-term water quality monitoring program for reservation resources. Resources to support the program will be coordinated through federal, state and other local sources and agencies.

(2) Annual reports on water quality will be prepared in conjunction with annual water supply reports for the Reservation, emphasizing status, trends and concerns.

(3) Resources that permit the local analysis of Reservation water quality will be developed as a means of encouraging water quality monitoring.

(f) Management of Domestic Potable Water Supplies

(1) The quality of domestic potable water supplies will be managed and protected according to the requirements of the federal Safe Drinking Water Act and is hereby adopted in this Act.

(2) The TWA will provide oversight of the management of such systems and will assure compliance with the standards established by the federal government and adopted by the Turtle Mountain Band of Chippewa.

(3) Surface water and groundwater diverted or extracted from trust land shall be usable for domestic, agricultural, and light industrial purposes only.

(4) No water shall be diverted upon or from lands held in trust for the Tribe or its members without a permit from the Tribe except for on-site domestic, agricultural, and light industrial purposes.

(5) No bulk amounts of water shall be diverted from surface waters appurtenant to lands held in trust for the Tribe or its members without a permit from the tribe.

(6) No bulk amounts water shall be extracted from groundwater from lands held in trust for the Tribe or its members without a permit from the tribe.

(7) No bulk amounts of water shall be transported from trust lands onto non-trust lands for any purposes.

(g) Management of Storm Water Run-off

(1) The TWA will assess those areas of the reservation will benefit from Bioretention Islands or rain gardens.

(2) An onsite Bioretention Island or rain garden to treat storm water contaminants may be mandated in certain areas and enforced by this Act.

(h) Snow Removal

It is a violation of this act, in the event of snow removal, to dispose of snow in a water source that includes but is not limited to a creek, lake, stream, holding pond, or slough and is considered "illegal dumping".

(i) Agricultural Water Use

(1) Agricultural water use is an aspect of reservation surface and groundwater use.

(2) As a guide to water use in agriculture, the Commission and TWA will develop BMP's for agricultural practices.

(3) Irrigation scheduling, rotation and soil moisture monitoring will be required for new uses of Tribal water. The harvesting of rainwater is encouraged.