30.04.050 Applications; Procedures

(a) Applications for permits will be filed with the TWA on forms established by the Commission and the fee must be paid upon filing. The application will be endorsed with the date upon which it is received by the TWA.

(b) The TWA will assist the applicant in the preparation of the application.

(1) Assign a number to the application;

(2) Review the application for completeness and accuracy, including compliance with this Act, its regulations and the water management plan in effect;

(3) Perform field or other investigations and request additional information from the applicant, if necessary;

(4) Prepare a service list that will include: the applicant, the Tribe, and all persons whose existing lawful use of water may be substantially affected by the proposed use.

(5) Prepare a report for the Commission that summarizes the investigation and recommendations regarding the application.

(d) On receipt of the completed application and TWA's report, the Commission will schedule a hearing on the application to determine the use to be permitted and to establish the terms and conditions. The Commission will notify the applicant of the hearing date, which will be within ninety (90) days from the date of the notice. Failure to conduct the hearing within 90 days does not signify approval.

(e) After a hearing is scheduled, the applicant will publish, at their own expense, a notice of the hearing in the format provided by the TWA. The notice must be published in the Tribal newspaper of general circulation at least once each week for three (3) consecutive weeks and will submit satisfactory proof of publication to the Commission. The Commission will also post public notice of all scheduled hearings at the Tribal headquarters and other public places.

(f) Any person or entity whose interests are or may be adversely affected by the water permit may file a formal objection to the issuance of the permit.

(g) Objections will be made on forms prepared and made available by the Commission.

(h) The objector will file the objection with the Commission.

(i) Any person may comment to the Commission in writing upon any application for a permit under this Act. It is the responsibility of the commenter to serve any written comment on all persons on the service list.

(j) Temporary permits upon pending applications will not be issued.

(k) Fees. Each application for a permit will be accompanied by a fifty dollar ($50.00) filing fee, except that any person who applies for or holds permits to use more than 1,000 acre feet of water per year will pay a filing fee of one hundred dollars ($100.00) for each additional application.