30.04.040 Applications for Permits; Information Required

The Permit System recognizes four (4) categories of permits. Any two or more categories may be combined into a single permit, as appropriate. Any permit may be subject to such conditions and stipulations, as the Commission may deem necessary, in the best interest to the public.

Categories of Permits include:

(a) Diversion Permit. Grants the right to an individual or agency to divert water from ditches for agricultural purposes. When making a decision on a water diversion permit application, the Commission must consider those factors listed in the authorizing statutes and regulations including, but not limited to, the environmental effects of the diversion and whether the proposed diversion:

(1) is necessary,

(2) is consistent with long-range water resource management, and

(3) will not impair proper management and use of the water resources of the Tribe.

(b) Water Drillers Permit. Grants a permit to drill, deepen, develop, or rehabilitate a well, associated with any purpose, within the Turtle Mountain Band of Chippewa jurisdiction, to persons meeting Tribal requirements for technical capability, bonding, and insurance. The issuance of a Driller's Permit is contingent upon:

(1) The applicant's provision of a satisfactory description of his technical competence training, experience, procedures and equipment,

(2) The applicant's current financial conditions and disclosure of prior or existing claims,

(3) The applicant's posting and bond and proof of insurance in favor of the Tribe in an amount established pursuant to Commission regulations,

(4) The applicant's written undertaking to faithfully perform and complete all conditions and stipulations of the permit, to comply with Tribal laws and regulations regarding record-keeping, logging, well development and construction, and to allow supervision by the TWA.

(c) Stream Zone Alteration Permit. Grants the Right to Alter the Streambed or Banks of the Reservation. The National Environmental Policy Act (NEPA) requires federal agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions. A stream zone Alteration permit is required for all persons engaging in activities that affect the bed or banks of Reservation streams, including, but not limited to:

(1) Construction of temporary diversion structures;

(2) Road and culvert construction and repair;

(3) Logging operations; and

(4) Other activities affecting the stability of the stream channel, provided that such permit is not required during an emergency condition declared by the Commission.

(d) Discharge Permits. Permits to dispose of contaminated wastewater into the surface or ground water that exists within the scope of tribal jurisdiction will not be approved.