30.04.010 Permit Required

(a) No person, 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 from and after the adoption of this Act, will divert or undertake any activity affecting or involving tribal water without first obtaining a permit under this chapter.

(b) Discharge, injection or deposition of any waste, wastewater, or other contaminant into Reservation water is not permitted;

(1) Diversion of water from any stream course, spring, or well;

(2) Change in the point of water diversion, whether of surface or groundwater;

(3) Change in the use of waters, the place of use, method of diversion, or season of use;

(4) Transfer of tribal water outside the watershed of origin;

(5) Alteration of any stream course or stream band for any purpose, including without limitation, road construction and repair;

(6) Recharge of groundwater;

(7) Hydropower generation;

(8) Storage or impoundment of water; and

(9) Dedication of water to in-stream flow.

(d) All permits issued under this Act are (1) exclusive to the permitted. (2) Non-transferable. (3) Limited by the conditions of the permit, and (4) not intended to create an entitlement by the permitted beyond the provisional period.

(e) Enrolled members of the Turtle Mountain Band of Chippewa will have preference for the use of reservation water.

(f) Any off reservation entity utilizing the Shell Valley Aquifer will be required to obtain a permit from the TWRC. Previously, the State of North Dakota has failed to consult with the Tribe and has failed to recognize the Tribe's reserved water right. Existing permits issued by the State of North Dakota will be renegotiated and reconsidered. The TMBCI has sole jurisdiction over the Shell Valley Aquifer and other tribal waters as defined by, but not limited to, our Treaty agreements with other Tribes, the U.S. Government and/or Foreign entities.

(g) US EPA is the Clean Water Act permitting authority in Indian Country. http://www.epa.gov/indian/pdf/general-permit-tribal-wq.pdf

(1) Construction site owners and operators are required to: implement erosion and sediment controls; stabilize soils; manage dewatering activities; implement pollution prevention measures; provide and maintain buffers around surface waters; prohibit certain discharges, such as motor fuel and concrete washout; and utilize surface outlets for discharges from basins and impoundments (40 CFR Part 450).

(2) EPA's regulations require a CWA discharge permit for storm water discharges from construction site disturbances of 1 or more acres.

(3) Almost all construction sites are permitted under EPA's Construction General Permit or "CGP".

(4) To be covered under the CGP, the construction operator is required to apply for permit coverage by submitting an "NOI" (Notice of Intent) 7 days prior to conducting earth-disturbing activities.

(h) The application of pesticides within 200 feet of waters of the Reservation or recharge areas of the Shell Valley aquifer.

(i) The following persons must file an application to divert or use water within the Tribal Jurisdiction: (a) The Tribe; (b) Any non-Indian successor-in-interest to any allot tee actually using water within the Reservation by virtue of a water right arising under the laws of the United States, which water right was acquired directly or indirectly from an Indian predecessor-in interest; and (c) Any other person or entity wishing to use water within the Reservation under an agreement with the Tribe.