ORDINANCE OF THE GOVERNING BODY OF THE CONFEDERATED SALISH AND

ORDINANCE NO. 111-A

ORDINANCE OF THE GOVERNING BODY OF THE CONFEDERATED SALISH AND

KOOTENAI TRIBES OF THE FLATHEAD RESERVATION

UNITARY ADMINISTRATION AND MANAGEMENT

ORDINANCE

NOW THEREFORE BE IT ENACTED by the Tribal Council of the Confederated Salish and

Kootenai Tribes the following ordinance to be known as the "Unitary Administration and

Management Ordinance."

a .

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE 111-A Page |

Table of Contents

CHAPTER I WATER RESOURCES CONSERVATION, DEVELOPMENT AND ADMINISTRATION ..........0+ 5

PART 1 “GENERAL PROVISIONS seecsscsssanspasssunsuesnaensanees ceenen panes umenenmeranmuemiN 5

T-T-1011,, AWthOfitWisusseseasveacemmranenuevecrsoon airstream ssnrn aianeina meas tesvennsesreasminnets Tea RT ONT TTERE 5

1212102), Findings and Policy, sssisivvcsissrecssseveveesusvsnsssesvvstexsssencvsntsosenoxonsnssasevenesouveosenownsndvuasssnsenesonevevonovessavavessaaes 6

1-1-103. Notice of Enactment ........ cece ssesesecseseesesesescsesenessescseescsceeesscsescseseescsesscseseecscsesavscseseeeesesseaeessesees 8

1-1-104. Definitions .....c cc cecceceeeseeceeseneeseesenecseesceceeessesecsesseeecsecseesesscsececsscsecseesecseesssscsessecsecsessssssseseeeseeeeeasees 8

1-1-105:, Measiiveiicnt Of Wateticccnccmucmmunmnenanmm een ERT RN 19

1-1-106:;, Measaremietit. OF Titties svccssvessessessscssecesevroeresarniwscsssorsasncssrussiensrecsenonniaswinseucesmseeresseNCENS 19

1-1-107.; Appropriation Rights Allowed. scwssssssssswssassscssasvesnssssnsisascssensectvcsesecrsnsstaneastestanetoenensnesssseatonesonesnenvoneneess 19

1-1-108. Reservation Water Rights Database

1-1-109. Groundwater Management Areas .........cscsessereeeseeeeee

1-1-110. Standards for Applications for Appropriation Rights and Changes in Use..

1-1-111. Groundwater Diversion Standards

La] - 112s MItiSatiON ssessegeasersssseeeteriveersscsescavenecvsteacasescuassivesaav sears casiweasivasaaaiacutwensveatoubtatusnesveassrsiantvenensaneasaneteseaeen® 32

1=1<113.. Codification; Severability and Defensei...ccssscssssssarsaesssscssasssrssneareetncosserssneneenensstensneneeneesenenssarneanenees 34

L-1-114. Effective Date. ...cecceceeccsessesestesesssssssssssessssssescsesscssssesesvsscsnsassseesssessesssssessssssussssesussssnsessesuesearsneaseneees 35

PART 2 - UNITARY ADMINISTRATION AND MANAGEMENT........cccccccssssesessesesessesesceseseenesesseneseeneneeneneaes 35

142-1011. PURPOSE |... sccomnomenmnranenammcnnicumomnm eae 35

1-2-102. Establishment and Composition of the Water Management Board. .........c.cccseesseseseeseseetesesteereeneneeee 35

1-2-103., Qualifications of Board: Members: siscicasscscsccosscsseoveessosororsssnerssusennssesesestorseorersteceseseecsnenenenenensnenenenenes 36

1-2-104. Public Meetings and ReCOrds.......ccccsccssseesesseseesestesesneseeneneseeneneeeeeseseeneaeseensnsensisecenssaseesasecereesesenenseeaes 36

1-2-105. Compensation and Expenses of the Board........c.ccccccseeeeseetereenetesesneesseneesessesassnensensnessseesesseneasenees 38

1-2-106, Quorum and Voting of the Board...csccccccsciiscccssasiecesssesseesssecessesesseveinanessaeatensesecenseuennnecnssecssessbessonsese 38

1-2-107. Powers and Duties of the Board

1-2-108. Technical Assistance to the Board and the Engineer .

1-2-109. Qualifications of the Water Engineer

1-2-110. Duties of the Engineer ..

1-2-1172. eiUnity POM Suitcase ceaissenssccmrsnsensmenenveraane near issarereesansccccusnscrsriasuesnassstessesesseanainvesaes 4l

1-2-113. Filing Fees

CHAPTER Tl WATER. USE vssisssssssssivesssscerneaxssvesnssiorauncenisnvenssnceanstasranntenesticectersanhnosnennenneeneearenennennenengentsnuanenoneenncned 41

PART 1. GENERAL PROVISIONS.......:c:ssssssssesssssessessesssssesssssussvssnesseseesenssenesecsecuecuscasaesnecncensesnisaeeecteceacaneneeanens 41

2-1-101. Registration of Uses of the Tribal Water Right in Existence as of the Effective Date of the Compact.

2-1-102. Process for Registration of Existing Use of the Tribal Water Right .......ecceseeeeesseeseesesseeseeees 42

2-1-103. Fee for Filing Registration of Existing Use of the Tribal Water Right. ......ceseseseseseeseesesseeseesneeees 44

Se EE

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE I11-A Page 2

2-1-104. Tribal Member and Allottee Entitlements Pursuant to 25 U.S.C. Section 381..........cccscetssessessserseees 44

2-1-105. Tribal, Tribal Member and Allottee Challenge of a Registration Certificate Issued by the Office of the

ENQineer o0...... cs cscssccscssscsccssecssscssscsssossvsssoevsssvsscsesssssssesseseessseseesseseeesserssssasessessesecesessesssssaseseessenseessesnssseesnseess 45

2-1-106. Registration of Certain Other Previously Unrecorded Existing USeS..............:ccccsccssccsscesesssesseseecseseees 45

2-1-107. Process for Registration of Certain Other Previously Unrecorded Existing Uses ..............:csscsscesseeseees 46

2-1-108. Failure to Register an Existing Use of Water oo... ccc cccsssssessssssscescesssssccecesscesessscescessessenseessesesnsensens 48

2-1-109. Limitation to Beneficial Use 0... ese sescecescessecescessesetecssensescesceneessssesnsssesssseesseetsossasstesessesaccasensess 49

2-1-110. No Adverse Possession ..........s:sssssssessesessseneesseeeseessesscsecsscseonseeseesecnseesceaceesesseasesesseessesseaceascsassneaeens 49

2-1-111. Abandonment of Appropriation Right... ccccccccscsssssscessesssscssseccssecseaeceseessnscseeseeresessessessesseeneens 49

2-1-112. Procedure for Declaring Abandonment. .............cccccscssssesscestecssccsssscseecesseesceeecsnseseeesesesseessnsesssessaeesseeees 50

2-1-113. Prevention of Waste and Interference with Lawful Use... .eescesssssecssecescessecssessccesesesesesesneseneeeese 53

2-1-114. Issuance of Appropriation Right Does Not Constitute Permission to Trespass...............:csccsccsccsreeeeees 54

2-1-115. Development of Enforceable Schedule for the Tribes’ Other Instream Flow Rights ..............:csseseees 54

PART 2. PERMIT AND CHANGE APPLICATION PROCESS ...0.....cceceessssscsseeceeeceeceeceessesceacceceseesceseesasassasenees 61

2-2-101. Appropriation Rights and Change in Use Authorizations onthe Reservation..................cssceeseseeeeeeeees 61

2-2-102. Burden of Proof for Ground or Surface Water Permits andChange Authorizations..................:esee 61

2-2-103. Pre-Application Meeting with Office ofthe Engineer ....0..........csscssescescesseseescceseecceeceseeseesccseeesceneens 62

2-2-104. Application to Board... ce sesscsecsseesseessssscesseesseeesssescoessesesesesccesssecsaeesessesnsccscesenessseeesasenaseesesosserss 63

2-2-105. Adequate to Process REVIEW...........:csssssssssssscssessssesssessesseresssseaseasesesessescceeensssssescessssesessoaeenscascacenaseaenes 63

2-2-106. Not Adequate to Process Determination .........ccccsssesccsscssssssssesescsessessessessseeescesesscsrssenecceceessneseeaees 64

2-2-107. Application Analysis and Recommended Decision ............:.ssssssccssessesccesessseneeeccenssssesessceeceeacesevssensens 65

2-2-108. Process if Mitigation Required... tees eseescessseesssesssesseessseccecserscescceesseeseseceesesersesseseseecaseseseneeeass 68

2-2-109. Appeal to Engineer From Recommended Decision ...............:ssscccssseseeescsessecscceccesessssssseccecceesesspaeeseees 70

2-2-110. Notice and Hearing on Recommended Decision to Grant............. css esscscsseesscsecsecenersessessesasesessesseeeanes 74

2-2-111. Appeal to the Board o........ eee eeesssssceseeesceseesseeceeseeseeessessersesecescacersecsnsesseosnecseecsessseseeeseecseseseessssseeeaees 76

2-2-112. Appeal to Court of Competent Jurisdiction... ccccccsssessssetsescceesessstaesseessesccsessnsesseseececesessaseoeeesees 78

2-2-1113. Completion...........ccccsccssscssesssessesscesecsscsscecesssescescessessesesersceaeescecscessesssceeseesseescesceeseesssseaeeceeseesesseeeses® 78

2-2-114. Compliance with Completion Deadline .0......... ese ceesssescceccssesssscesccseessesssascsseseassesssesssasesosesseaeeass 80

2-2-115 Redundant and Substitute Wells 0.0... esssseseseseseesssesesescscecsseesssscsessesssesessscvsrssssasssecesseesnsesssesoesees 80

2-2-116. Appropriation Rights for Stock Water AllOWaNCeS.............cscssccssessessscsssessecssessessessssessscssenessesesseesees 84

2-2-117. Appropriation Rights for Domestic Allowances for Homes and Businesses; process for application,

TEVIEW, AN ISSUANCE. ............cccccesssecessccesseccsseccessscsseesssecenaeeessccesscessaecssseeeesaeeesssesecceecessaeeeseesensecessceeseneeeeeeeensaeens 88

2-2-118. Process for development of new uses from Flathead System Compact Water ............csccscesssssserenees 94

2-2-119. Appropriation Rights for Non-consumptive Geothermal Heating or Cooling Exchange Wells............ 97

2-2-120. Temporary Emergency Appropriations ..........cccccssssssssssecesssseeseeseesseessceseeesesseaeessssesesssseseeesssoneres 100

2-2-121. Short-term use of a portion of the Tribal Water Right for road construction or dust abatement. ....... 101

2-2-122. Short-term use of an appropriation right that is not part of the Tribal Water Right for road

Construction Or dust abatement ..............:csccssescssceeceseesceeeeeseceeceseesacceeecssessaessesesersssossessssesssesasoeasenssnssasessneaseeaas 102

pr |

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE I11-A Page 3

2-2-123. Wetland Protective Appropriation Rights ...............:cccsccsssssssessscsseecessscseseccssecssceesseeeseeesssensevesseeseesensees 105

2-2-124. Wetland Quantified Appropriation Rights ..............:cccsccsscssssssscssscsssessseesseessseessseeeecsseeesseessecsnesensoes 106

2-2-125. Notice of Trust Status Conversion for Lands with Appurtenant Water Rights Arising Under State Law

Acquired by the Tribes 20.0.0... ccecccsccssesseeesceseeceeaccseeseesaesseseaeeseesaeecenaseecsscesscessceseesnesnecesesseseeecstesnessnenass 108

2-2-126. Water Management Board Adjustment of Priority Date Pursuantto Compact.............:csccscsscesessenees 108

2-2-127. Tribal Utilization of Water Right with Adjusted Priority Date ................ccsccsssccssccsssecsssestsceseeeseeeeerees 109

2-2-128. Public Water Supply Reporting Requirements.............:cscscsssscccsscssssssscsssessscscssssssscesccsscsseerserseeeenses 109

Chapter IL] Enforcement ...........cccccscssssssscssssccssssscscsssssscsssscssssssesssesssesssssssssesssssseseccstaseseseedesessessesssssedsedenaserenesaseases 110

B-1-1O1. SCOpC....... ee escesnseetcccsrseeseeeessesacesssessseesseesscssepssenssenssesssesesesesaesnsserseeescasepsesenseesnesnsesensseseceeeseeseaeees 110

3-1-102. Complaint to the Engineer Regarding Actions or Inactions Between Appropriators ................::000 111

3-1-103. Resolution of Complaint. ............cccsccscsssssccscsessscsssssecsssssecsessseeesseceecsseecsssaeesseseaesenseseceasenseeaeseneeases 112

3-1-104. Appeal to the Board. 2.00... cece ceceessssesecssecscesesessssessceeseesaeesesessesscesseeesesesescaceeeesaseaeeaseeeseaeenseeasenee 113

3-1-105. Petition to the Engineer by Any Appropriator Aggrieved by Actions or Inactions of a Water

COMMISSIONET............sccsccescesccsccsccessenccsccecescceeeceeececcecescescessessesesssesseacesececeeseeseeeceseessseaeescesesseseateaceseeeesaseaseeeeees 115

3-1-106. Resolution Of Petition..............:ccscccssssssccecceceeeceesessseeesseesaesneeececensseeceaceesaessaeceseassseesaeseeeeesaseneceeaseesees 116

3-1-107. Appeal to the Board from a Decision oma Petition 0.0... ccc sescceccesessececceseeesseeeateccoseseeseaseasenseees 118

3-1-108. Appeal from a Decision of the Board... escssssssscssscssreseseesssesosseesseeseeconsseesseesaeesenaseseeeaeesnees 118

3-1-109. Emergency Enforcement Powers of the Engineer ..............ccesesessscececceseeeeceeaeessseseecsceceeeeeesseraeeseteaes 118

3-1-110. Additional Enforcement Powers of the Engineer ...........ccsscssosscessscsensscesscessccressesesscessossseeeseseesasenee 119

3-1-111. Expedited Appeal to the Board in the Event of Certain Actions bythe Engineer .............. secession 120

3-1-112. Additional Enforcement Powers of the Board..........ccccssccscsseseseesseecneseceeessessessceaeeeasessssseseeeceeneeees 121

B-1-113. FIne........ccccccsssstsccscsnseecescesceessecscessesecssesseaeeaseaseaseaseaseasessessesessessaeecasesseaseaeessseseeaseaeesecesessaseeeeneecenese 121

3-1-114. Appointment of Water Commissioner ......... cc cescsessssscseseseessesesecssersesseeseessesseseecarsseseressseseeenesseness 122

3-1-115. Powers and Duties of Water CoMmMisSiONnelS .............cccesccsscceseeeeeeecceesseeteaeeeesseesaeeceeeeeeeeseeetaeteaeeseeess 123

3-1-116. Recourse from Water Commissioner Decisions...........cccccsscssssseesecssssseesseccsessscesescsssosassscceeneesonesens 124

3-1-117. Removal of Water COMMISSIONETS 0.0.0.0... cs ceccesessccessssceseesenessssacccscceensesscsssosseseccesessssseseaesnnsceeceeeeees 124

On |

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE I11-A Page 4

CHAPTER I

WATER RESOURCES CONSERVATION, DEVELOPMENT AND

ADMINISTRATION

PART 1 - GENERAL PROVISIONS

1-1-101. Authority.

1.

This Ordinance is adopted in exercise of the sovereign powers of the Confederated Salish and

Kootenai Tribes (Tribes), as reserved and recognized in the Treaty of Hellgate, 12 Stat. 975,

by which the Confederated Salish and Kootenai Tribes reserved the present Flathead

Reservation for their exclusive use and benefit, and by the authority of the Tribal Council of

the Tribes as provided in Article VI, Section 1(a), (n), (t), and (u) of the Tribal Constitution,

approved October 26, 1935 by the Secretary of the Interior pursuant to Section 16 of the

Indian Reorganization Act of 1934 (25 U.S.C. § 476). This Ordinance is also adopted by the

United States pursuant to the Federal Legislation that ratifies and approves the Compact.

This Ordinance parallels legislation adopted by the State of Montana pursuant to legislative

approval of the Confederated Salish and Kootenai Tribes-Montana Compact and the

Montana Water Use Act of 1973 to effectuate Unitary Administration and Management on

the Flathead Indian Reservation. Such parallel legislation will be codified in Title 85, MCA.

This Ordinance and the parallel Montana legislation are contingently effective; neither

operates with the force and effect of law without the other. No modification by the Tribes or

the State of Montana of these respective laws shall be effective within the exterior boundaries

|

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE I11-A Page 5

of the Reservation unless and until the other makes an analogous modification. No

amendment of this Ordinance that may affect a use of the Tribal Water Right may be made

without Secretarial approval.

4. Upon the Effective Date of the Compact, this Ordinance shall govern all water rights,

whether derived from tribal, state or federal law, and shall control all aspects of water use,

including all permitting of new uses, changes of existing uses, enforcement of water right

calls and all aspects of enforcement within the exterior boundaries of the Flathead Indian

Reservation. Any provision of Title 85, MCA, that is inconsistent with this Law of

Administration is not applicable within the Reservation.

1-1-102. Findings and Policy. The Tribal Council finds and declares as follows:

1. The waters of the Flathead Reservation are a hydrological unitary resource in that

a. all waters of the Reservation drain into the Flathead River, a part of the Columbia River

system, or into Flathead Lake, a naturally occurring lake which is fed by the Flathead

River north of the Reservation and which empties into the Flathead River within the

Reservation, and

b. most of the water appropriated and utilized by the people on the Reservation is taken

from streams and Groundwater arising on or under lands owned by the Tribes and

tributary to the Flathead Lake or the Flathead River; the balance of the surface water

consumed on the Reservation is appropriated and diverted from off-Reservation sources

by the United States, and

reer eee reer eee e renee eect eee eee

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE 111-A Page 6

c. there is a clear hydrological interrelationship between the surface and Groundwater of the

Reservation, and

d. each use of water of the Reservation may affect water use by all Reservation residents;

2. Prudent and knowledgeable conservation, management, and protection of the uses of water

resources of the Reservation are essential to the health and welfare of all Reservation

residents;

3. The waters of the Reservation are one of the foremost assets of the Reservation, and

Reservation resident well-being and development depends, in large measure, on wise and

stable regulation of the appropriation, use, and conservation of this resource; and

4. The public policy of the Confederated Salish and Kootenai Tribes is

a. to provide for the conservation, development, beneficial use, and quality of the water

resources of the Reservation to promote the health, welfare, and economic and social

prosperity of Reservation residents,

b. to recognize and confirm valid existing uses of waters of the Reservation for any

beneficial purpose consistent with the policies and provisions of the Compact and this

Ordinance,

c. to manage and protect supplies of waters of the Reservation that are adequate to preserve

the ecosystem of the Reservation, to conserve and enhance Reservation wildlife and

fisheries, to maintain and improve opportunities for water-based recreation, and to secure

to Reservation residents the quiet enjoyment of the use of waters of the Reservation for

beneficial uses,

|

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE I11-A Page 7

d. to provide methods and procedures for the appropriation of the waters, for maintenance

and enhancement of water quality, and for the establishment and maintenance of a system

of central records of permitted water uses of the Reservation, and

e. to secure the greatest benefits from the use of Reservation waters by sound coordination

of conservation and development with the development and use of other natural resources

of the Reservation.

1-1-103. Notice of Enactment. To insure that all Persons affected by this Ordinance are given

notice of its enactment, its effective date, and its purpose, the Water Management Board, no later

than sixty (60) days prior to the date set in Section 1-1-116 of this Ordinance, establishing the

effective date of this Ordinance shall cause the following notice to be posted on its website, and

also published weekly for four weeks in (1) a daily newspaper of general circulation on the

Flathead Reservation, (2) one or more weekly newspapers of general circulation on the Flathead

Reservation, and (3) the Tribal newspaper:

{INSERT NOTICE HERE]

1-1-104. Definitions. Unless otherwise defined herein, capitalized terms used in this Ordinance

shall have the meaning set forth in the Compact.

1. “Allottee” or “Allottees” means an owner of an interest in a tract of land held in trust by the

United States which was allotted pursuant to the Act of April 23, 1904, 33 Stat. 302, as

amended, or the Act of February 25, 1920, 41 Stat. 452, as amended.

rr pf

— EEE EEE

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE 111-A Page 8

2. “Appropriate” means to divert, impound, maintain an instream, inlake, inwetland or

impoundment use, or withdraw a quantity of water for a beneficial use on the Flathead Indian

Reservation under color of law.

3. “Appropriation” means the diversion, impoundment, maintenance of an instream, lake,

Wetland, or impoundment use, or the withdrawal of a quantity of water for a Beneficial Use

on the Flathead Indian Reservation under color of law.

4. “Appropriation Right” means a right to Appropriate water issued by the Water Management

Board pursuant to the terms of the Compact and this Ordinance.

5. “Aquifer Injection” means the subsurface discharge of fluids into the ground by means of an

Injection Well.

6. “Appropriator” means a Person who Appropriates water.

7. “Beneficial Use” means a consumptive or non-consumptive use of water for the benefit of

the Appropriator, other Persons, the Tribes, one or more Tribal members, or the general

public, including but not limited to agricultural, stock water, domestic, fish and wildlife,

cultural and religious practices, industrial, Instream Flow, irrigation, mining, Mitigation

Water, municipal, power, recreational uses, and Wetlands purposes.

8. “Business” means a building or site where commercial work is carried on, including but not

limited to a factory, store, or office.

9. “Change in Use” means an authorized change in the point of diversion, the place of use, the

period of use, the purpose of use, or the place of storage of an Appropriation Right issued by

the Water Management Board under the Compact and this Ordinance, or of an Existing Use.

A changed water right retains the original priority date of that right.

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE 111-A Page 9

10. “Compact” means that water rights settlement entered into by the Confederated Salish and

Kootenai Tribes, the State of Montana, and the United States.

11. “Complainant” means one who files a Complaint.

12. “Complaint” means a written assertion of injury submitted to the Engineer pursuant to

Section 3-1-102 of this Ordinance.

13. “Consumptive Use” means the amount of water used for a beneficial purpose, such as water

transpired by growing vegetation, evaporated from soils or water surfaces, or incorporated

into products, that does not return to the Groundwater or surface water source.

14. “Designee” means an individual selected by the Engineer to exercise, in regard to a particular

application or objection, those powers assigned to the Engineer under Chapter II of this

Ordinance. Any Staff is eligible to be selected as a Designee provided that he or she has not

previously worked on the particular application or objection at issue.

15. “Developed Spring” means any artificial opening or excavation in the ground, however

made, including any physical alteration at the point of discharge regardless of whether it

results in any increase in the yield of Groundwater, from which Groundwater is sought or can

be obtained or through which it flows under natural pressures or is artificially withdrawn.

16. “Development” means contiguous or closely grouped parcels of land under the same or

affiliated ownership, including, but not limited to, housing subdivisions or any combination

of business and residential units.

17. “DNRC” means the Montana Department of Natural Resources and Conservation, or any

successor agency.

a

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE 1!11-A Page 10

18. “Domestic Allowance” means an entitlement to use water issued to households and small

businesses pursuant to the provisions of Section 2-2-117 of this Ordinance; Domestic

Allowances include Individual Domestic Allowances, Shared Domestic Allowances, and

Development Domestic Allowances.

19. “Domestic Use” means those water uses common to a household, including washing,

drinking, bathing, waste disposal, cooling and heating, domestic animals, and garden and

landscape irrigation. Domestic Use does not include the filling of ponds, pits, pit-dams or

reservoirs.

20. “Effective Date” means the date on which the Compact is finally approved by the Tribes, by

the State, and by the United States, and on which the Law of Administration has been

enacted and taken effect as the law of the State and the Tribes, whichever date is latest.

21. “Emergency” means a situation that demands unusual or immediate action to prevent

imminent injury to life, property, or the environment.

22. “Enclosed Storage” means a storage container fully enclosed to include a cistern or tank.

23. “Existing Use” means a use of water under color of Tribal, State or Federal law in existence

as of the Effective Date, including uses in existence on that date that are eligible for either of

the registration processes set forth in Sections 2-1-101 through 2-1-108 of this Ordinance;

provided that any portion of a Water Right Arising Under State Law within the Reservation

that is, at any point after the date the ratification of the Compact by the Montana Legislature

takes effect under State law, voluntarily relinquished or is legally determined to be

abandoned, relinquished, or have otherwise ceased to exist, shall be stricken from the

Cn

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE 111-A Page 11

24.

25.

26.

27.

28.

relevant basin decree as a Water Right Arising Under State Law and be entitled to no further

protection as such a right or as an Existing Use.

“Flathead Indian Irrigation Project” or “FIIP” means the irrigation project developed by the

United States to irrigate lands within the Reservation pursuant to the Act of April 23, 1904,

Public Law 58-159, 33 Stat. 302 (1904), and the Act of May 29, 1908, Public Law 60-156,

35 Stat. 441 (1908), and includes, but is not limited to, all lands, reservoirs, easements,

rights-of-way, canals, ditches, laterals, or any other FIIP facilities (whether situated on or off

the Reservation), head gates, pipelines, pumps, buildings, heavy equipment, vehicles,

supplies, records or copies of records and all other physical, tangible objects, whether of real

or personal property, used in the management and operation of the FIIP.

“FIIP Influence Area” means the lands influenced by the operations of the FIIP as identified

on the map attached to the Compact as Appendix 2.

“Flathead Indian Reservation” or “Reservation” means all land within the exterior boundaries

of the Indian Reservation established under the July 16, 1855 Treaty of Hellgate (12 Stat.

975), notwithstanding the issuance of any patent, and including rights-of-way running

through the Reservation.

“Flathead System Compact Water” means that portion of the Tribal Water Right consisting

of 229,383 acre feet per year that the Tribes may withdraw from the Flathead River or

Flathead Lake, which includes up to 90,000 acre feet per year stored in Hungry Horse

Reservoir, with a maximum total volume consumed of 128,158 acre feet per year.

“Groundwater” means any water that is beneath the surface of the earth.

|

ee EE EE EE EE A A~:: a 8

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE 111-A Page 12

37.

38.

. “Groundwater Management Area” means an area designated and managed under Section 1-

1-109.

. “Heating/Cooling Exchange Well” means a Well for the purpose and with the attributes set

forth in Section 2-2-119(1) of this Ordinance.

. “Home” means a house, apartment, or other shelter that is a permanent or temporary

residence of a Person, family, or household.

. “Tlegal” or “Illegally” means, as it pertains to the use of water, to Appropriate water not

pursuant to an Appropriation Right or Existing Use.

. "Injection Well" means a Well utilized for injecting fluids or gases into geologic materials.

Open pits, ponds, or excavations are not considered injection wells.

. “Instream Flow” means a stream flow retained in a watercourse to benefit the aquatic

environment. Instream Flow may include Natural Flow or streamflow affected by regulation,

diversion, or other modification. A water right for Instream Flow purposes is quantified for a

stream reach and measured for enforcement purposes at a specified point.

. “Livestock” means cattle, bison, sheep, swine, horses, mules, goats, or other animals

specifically raised and used for food or fiber or as a beast of burden.

. “Mitigation” means the reallocation of surface water or Groundwater through a Change in

Use or other means to offset adverse effect resulting from Net Depletion by any proposed

new Appropriation.

“Mitigation Plan” means a plan as developed by an applicant to provide Mitigation.

“NRD” means the Confederated Salish and Kootenai Tribes’ Natural Resources Department.

a |

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE 11 1-A Page 13

39. “Natural Wetland” means a Wetland area that is maintained with a natural surface water

source, natural Groundwater source or a combination of natural surface water and natural

Groundwater without any artificial means of diversion, impoundment, withdrawal,

excavation, or other artificial means of control.

40. "Net Depletion" means the calculated volume, rate, timing, and location of reductions toa

water source resulting from a proposed new Appropriation that are not offset by the

corresponding accretions to that source caused by the proposed new Appropriation.

41. “Non-consumptive Use” means any beneficial use of water that does not meet the definition

of consumptive use.

42. “Other Instream Flows” means the Tribal instream flow water rights for stream reaches

described in Article III.C.1.d.iii of the Compact.

43. “Office of the Engineer” means the Engineer and Staff, acting in their official capacities.

44. “Person” means an individual or any other entity, public or private, including the Tribes, the

State, and the United States, and all officers, agents and departments of each sovereign.

45. “Pits, Pit-dams, Constructed Ponds, or Reservoirs” refer to bodies of water that are created

by man-made means and which store water for beneficial use.

46. “Project Manager” means the person or team of persons hired by the Project Operator to

operate and manage the FIIP in accordance with its direction, this and other applicable

agreements, and applicable law, including the Compact.

47. “Project Operator” means that entity with the legal authority and responsibility to operate the

Flathead Indian Irrigation Project.

Ene ee

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE I11-A Page 14

48. “Public Water Supply System” means a system for the provision of water for human

consumption that has at least 15 service connections or that regularly serves at least 25

Persons daily for any 60 or more days in a calendar year.

49. “Publish” or “Publication” means, unless otherwise designated, the printing of an

announcement of document availability, or the text of the document itself, in a newspaper of

general circulation on the Reservation and in the Tribal newspaper and posting on the Water

Management Board’s website.

50. “Redundant Well” means a Well to provide a backup source of water for a Public Water

Supply System.

51. “Restored Natural Wetland” means a Wetland area that, upon restoration, shall be

maintained with a natural surface water source, natural Groundwater source, or a

combination of natural surface water and natural Groundwater without any artificial means of

diversion, impoundment, withdrawal, excavation, or other artificial means of control.

52. “Secretary” means the Secretary of the United States Department of the Interior or the

Secretary’s duly assigned representative.

53. “Shall”? means a mandatory and not a discretionary act.

54. “Shared Well” means a single Well that is physically manifold to multiple homes and/or

businesses and is cooperatively used pursuant to a Shared Well Agreement.

55. “Shared Well Agreement” means a legally binding document that stipulates the manner in

which a Shared Well is jointly used between or among all Homes or Businesses connected to

the well; to be valid, it must be signed by representatives for each Person having a possessory

interest in each individual Home or Business connected to a Shared Well.

|

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE I11-A Page 15

56. “Spring” means a perennial hydrologic occurrence of water involving the natural flow of

water originating from beneath the land surface and arising to the surface of the ground.

57. “Staff? means the employees, contractors and others assigned to or engaged by the Board or

the Engineer to assist or facilitate the Engineer in carrying out the duties assigned to the

Engineer by the Compact and this Ordinance, and by the Board pursuant to the same.

58. “Stock Tank” means a 30 to 1500 gallon tank used to provide drinking water for Livestock

that is equipped with a water level regulator that shuts off supply to keep the Stock Tank

from overflowing.

59. “Substitute Well” means a Well that replaces an existing Well which is to be abandoned.

60. "Temporary Emergency Appropriation" means the temporary beneficial use of water

necessary to protect lives, property, or the environment, by reason of fire, storm, earthquake

or other disaster, or unforeseen combination of circumstances which call for immediate

action. An appropriation made necessary due to drought conditions is not a temporary

emergency appropriation.

61. “Temporary Groundwater Management Area” means an area established pursuant to Section

1-1-109(10).

62. “Tribal Member” means a Person who is lawfully enrolled by and whose name appears on

the official enrollment list of the Confederated Salish and Kootenai Tribes.

63. “Tribal Water Right” means the water rights of the Confederated Salish and Kootenai Tribes,

including any Tribal member or Allottee, that arise under Federal law, as set forth in Article

III.A, Article III.C.1.a through j, Article III.C.1.k.i, Article [II.C.1.1.1, Article III.D.1 through

3, and Article III.D.7 and 8 of the Compact. The term “Tribal Water Right” also includes

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE I11-A Page 16

those rights identified in Article III.H of the Compact that are appurtenant to lands taken into

trust by the United States on behalf of the Tribes.

64. “Tribes” means the Confederated Salish and Kootenai Tribes of the Flathead Reservation,

and all officers, agencies, and departments thereof.

65. “Waste or Wasting” means the unreasonable loss of water resulting from the design,

construction, operation or maintenance of a water diversion, storage or distribution facility,

Well, Developed Spring, or the application of water to anything but a beneficial use.

66. “Water Engineer” or “Engineer” means the Person satisfying the criteria in Section 1-2-109

employed by the Water Management Board pursuant to Article IV.I.5.c of the Compact to

exercise the powers and duties of the Water Engineer as set forth in the Compact and this

Ordinance.

67. “Water Management Board” or “Board” means the board created by Article IV.I of the

Compact and vested with the responsibilities set forth in the Compact and in Tribal and State

law for the administration of water within the Reservation.

68. “Water Rights Arising Under State Law” means those valid water rights Arising Under State

Law existing as of the Effective Date and not subsequently relinquished or abandoned, as

those rights are: decreed or to be decreed by the Montana Water Court pursuant to 85-2-234,

MCA; permitted by the DNRC; exempted from filing in the Montana general stream

adjudication pursuant to 85-2-222, MCA; or excepted from the permitting process pursuant

to 85-2-306, MCA.

OO ________________!

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE 111-A Page 17

69. “Well” means any artificial opening or excavation in the ground, however made, by which

Groundwater is sought or can be obtained or through which it flows under natural pressures

or is artificially withdrawn.

70. “Well Log Report” means DNRC Form No. 603 (see ARM 36.12.102), or any successor

reporting form and requirement promulgated in State law.

71. “Well Shaft Casing” means an impervious durable pipe placed in a well or Developed Spring

to prevent the walls from caving, to seal off surface drainage, or undesirable water, gas, or

other fluids to prevent their entering the well, and to prevent the Waste of Groundwater.

72. “Wetland” means an area that is inundated or saturated by surface water or Groundwater at a

frequency and duration sufficient to support, and that under normal circumstances does

support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

Wetlands generally include swamps, marshes, bogs and similar areas.

73. “Wetland Quantified Appropriation Right” means an Appropriation Right issued for a

Wetlands purpose that utilizes any man-made diversions, impoundment, withdrawals,

excavations, or other artificial means for the purposes of appropriation for either all ora

portion of a Wetland.

74. “Wetland Protective Appropriation Right” means an Appropriation Right issued for either a

Natural Wetland or Restored Natural Wetland.

75. “Works” means all property, real or personal, necessary or convenient to the appropriation,

conservation, storage, diversion, distribution, development, screening and utilization of

water.

ee |

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE 111-A Page 18

1-1-105. Measurement of Water. Upon the effective date of this Ordinance, legal standards of

measurement of water within the Flathead Reservation shall be as follows:

1. Flow rates shall be measured in cubic feet per second, unless otherwise provided herein.

Where documentary evidence of an existing use is expressed in gallons per minute, 448.8

gallons per minute shall be considered equivalent to a flow of one cubic foot per second.

Where documentary evidence of an existing use is expressed in statutory or miner’s inches,

40 statutory or miner’s inches shall be considered equivalent to a flow of one cubic foot per

second.

2.. Volumes of water shall be measured in acre-feet, unless otherwise provided herein. One

acre-foot shall be considered equivalent to a volume of 43,560 cubic feet. One cubic foot

shall be considered equivalent to a volume of 7.48 gallons.

1-1-106. Measurement of Time, Whenever in this Ordinance an action is required to be

performed within a certain number of days, the time for completion of the act shall be measured

in calendar days unless the last day falls on a Friday, Saturday, Sunday, or Tribal, State or

Federal legal holiday, in which case the time for performance is extended to the next subsequent

business weekday.

1-1-107. Appropriation Rights Allowed.

1. The following Appropriation Rights or Changes in Use may be authorized by the Board

pursuant to the Compact and this Ordinance:

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE 111-A Page 19

a. Appropriation Rights for Groundwater appropriations for Redundant or Substitute Wells

as set forth in Section 2-2-115 of this Ordinance.

b. Appropriation Rights for Stock Water Allowances as set forth in Section 2-2-116 of this

Ordinance.

c. Appropriation Rights for Domestic Allowances as set forth in Section 2-2-117 of this

Ordinance.

d. Appropriation Rights for uses of Flathead System Compact Water as set forth in Section

2-2-118 of this Ordinance.

e. Appropriation Rights for non-consumptive geothermal heating or cooling exchange

Wells as set forth in Section 2-2-119 of this Ordinance.

f. Appropriation Rights for Temporary Emergency Appropriations as set forth in Section 2-

2-120 of this Ordinance.

g. Appropriation Rights or Change in Use authorizations for Wetlands as set forth in

Sections 2-2-123 and 2-2-124 of this Ordinance.

h. Appropriation Rights for non-consumptive uses, including, but not limited to,

hydropower generation and not including flow-through ponds.

i. Appropriation Rights for which adverse effects to existing Appropriators are offset by

Mitigation.

j. Changes in Use of all Appropriation Rights or Existing Uses except for those

Appropriation Rights authorized under subsections (1)(a), (1)(b), (1)(), (1)(e), (D®),

(1)(k), or (1)(1) of this Section or those for Existing Uses exempt from the permitting

requirements of 85-2-306, MCA, or from the claim filing requirements of 85-2-221,

Or |

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE 1I11-A Page 20

MCA, as set forth in 85-2-222, MCA; provided that a use authorized under subsection

(1)(h) may not be changed from a non-consumptive use to a consumptive use.

k. Appropriation Rights to Appropriate surface water to conduct response actions related to

natural resource restoration required for:

i. remedial actions pursuant to the federal Comprehensive Environmental Response,

Compensation, and Liability Act of 1980, 42 U.S.C. 9601, et seq.;

ll, aquatic resource activities carried out in compliance with and as required by the

federal Clean Water Act of 1977, 33 U.S.C. 1251 through 1387; or

iii. remedial actions taken pursuant to the Remedial Action Upon Release of Hazardous

Substance Act, Title 75, chapter 10, part 7, MCA.

No Appropriation Rights issued pursuant to this subsection may be used for dilution.

]. Appropriation Rights for uses of surface water for or by a municipality or regional

distribution system.

m. Appropriation Rights for new uses of the Tribal Water Right by the Tribes, Tribal

Members, or Allottees, provided that any such new uses be sourced from:

i. Flathead System Compact Water; or

ii. another source, provided that any adverse effects to existing Appropriators caused by

the Net Depletion of the new Appropriation Right must be offset by Mitigation

pursuant to Section 1-1-112 of this Ordinance.

2. Other than those Appropriation Rights set forth in subsection (1) of this Section, the Board

may not grant an Appropriation Right or other authorization to Appropriate surface water or

Groundwater within the exterior boundaries of the Flathead Indian Reservation.

re ————________________________ _____|

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE I11-A Page 21

1-1-108. Reservation Water Rights Database. The Board shall cause all Appropriation Rights

and Changes in Use authorized by the Board, including those uses registered pursuant to the

provisions of Sections 2-1-101 through 2-1-107 of this Ordinance, to be entered into the DNRC

water rights database in a format agreed to by the Board and the DNRC.

1-1-109. Groundwater ement Ar

The Board may designate, modify, or repeal either permanent or temporary Groundwater

Management Areas as provided in this part.

1. Each designation of a Groundwater Management Area shall identify the need for the special

management, the boundaries of the area, the water resources targeted for special

management, and the specific restrictions that will apply in the Groundwater Management

Area.

2. The designation, modification, or repeal of a Groundwater Management Area may be

initiated by submission of a correct and complete petition by:

a. the Tribes, the State, or the United States;

b. alocal public health agency;

c. amunicipality, county, or conservation district; or

d. at least one-third of the water rights holders in a proposed Groundwater Management

Area.

3. A correct and complete petition shall:

a. be ina form prescribed by the Board;

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE I11-A Page 22

b. contain facts and analysis prepared by a hydrologist, hydrogeologist, qualified scientist,

or a qualified licensed professional engineer demonstrating the existence of one or more

of the criteria set forth in subsection (8) are met; and

c. describe proposed measures, if any, needed to mitigate effects of the criteria identified in

subsection (8) of this Section; and that are alleged in the petition or describe the rationale

as to why a Groundwater Management Area should be repealed or modified.

4. Upon receipt of a completed petition complying with subsection (3) of this Section, the

Office of the Engineer shall date stamp the petition.

5. Office of the Engineer review:

a. within 180 days of the date of receipt of the petition pursuant to subsection (4) of this

Section, the Office of the Engineer shall:

i. determine in writing that the petition is correct and complete; or

ii. notify the petitioner of any defects in a petition, with an explanation in writing of the

defect(s).

b. any petition that is returned pursuant to subsection (5)(a)(i1) of this Section and not

corrected within 90 days from the date of return shall be deemed terminated.

c. if the Office of the Engineer does not notify the petitioner pursuant to subsection (5)(a) of

this Section, the petition shall be treated as correct and complete.

6. Board review:

a. within 60 days after a petition is determined to be correct and complete, the Board shall:

i. deny the petition in writing in whole or part, stating the reasons for denial;

a

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE 111-A Page 23

ii. inform the petitioner in writing that the Board will study the information presented in

the petition for a period not to exceed 90 days before denying or proceeding with the

petition; or

iii. publish notice of the Board’s consideration of action concerning a permanent or

temporary Groundwater Management Area pursuant to subsection (8) of this Section.

b. failure of the Board to act under subsection (6)(a) of this Section shall be deemed a

denial of the petition.

7. Ifthe Board determines that a correct and complete petition contains sufficient information to

warrant the Board granting the petition, the Board shall proceed to hear the petition. The

Board shall provide public notice of the hearing by:

a. publishing a notice at least once each week for 3 successive weeks, with the first notice

not less than 30 days before the date of the hearing in a newspaper of general circulation

on the Reservation;

b. serving by mail a copy of the notice, not less than 30 days before the hearing, upon each

Person or public agency known from an examination of the records of the Board to be a

water right holder within the proposed or existing Groundwater Management Area;

c. serving by mail a copy of the notice upon any other Person, including Tribal, State or

federal agencies, that the Board knows to be interested in or affected by the proposed

designation, modification, or repeal of a Groundwater Management Area.

d. the notice under subsections (7)(a) through (7)(c) must include a summary of the basis for

the proposed action. Publication and mailing of the notice as prescribed in this Section,

a —"= nn __________________|

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE 111-A Page 24

when completed, is considered to be sufficient notice of the hearing to all interested

parties.

e. the Board shall make available to the public on its website a complete copy of the petition

or request to designate, modify, or repeal either permanent or temporary Groundwater

Management Areas.

8. The Board may designate a permanent Groundwater Management Area if it finds bya

preponderance of the evidence that any of the following criteria have been met:

a. current or projected reductions of recharge to the aquifer or aquifers within the

boundaries of the proposed permanent Groundwater Management Area will cause

Groundwater levels to decline to the extent that water rights holders cannot reasonably

exercise their water rights;

b. current or projected Groundwater withdrawals from the aquifer or aquifers in the

boundaries of the proposed permanent Groundwater Management Area have reduced or

will reduce Groundwater levels or surface water availability necessary for water rights

holders to reasonably exercise their water rights;

c. current or projected Groundwater withdrawals from the aquifer or aquifers in the

proposed permanent Groundwater Management Area have impaired or will impair

Groundwater quality necessary for water right holders to reasonably exercise their water

rights based on relevant water quality standards;

d. Groundwater within the proposed permanent Groundwater Management Area is not

suitable for any beneficial use; or

e. public health, safety, or welfare is or will become at risk.

rr

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE I11-A Page 25

9. Monitoring and studies:

a. if the Board finds that sufficient facts, including monitoring information, are not available

to designate a permanent Groundwater Management Area, the Board may designate a

temporary Groundwater Management Area to allow studies to obtain the facts needed to:

i. correct deficiencies that the Board identifies in a petition for a permanent

Groundwater Management Area;

ii. determine the extent to which the criteria identified in subsection (8) are met or not

met;

iii. determine appropriate control measures to implement to designate a permanent

Groundwater Management Area.

b. the Board shall set the length of time that the temporary Groundwater Management Area

shall be in effect. The term of a temporary Groundwater Management Area may be

extended by the Board, but may not exceed a total of 6 years.

c. the Board shall determine the responsibility for funding the costs associated with

subsection (9)(a). Any person on whom a funding responsibility is placed by the Board

pursuant to this subsection may appeal that determination to a Court of Competent

Jurisdiction, which shall review the determination for an abuse of discretion.

d. prior to designating a temporary Groundwater Management Area, the Board shall provide

notice and the opportunity for public hearing pursuant to the notice provisions of

subsection (7) of this Section.

a _________________

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE I11-A Page 26

e.

f.

a temporary Groundwater Management Area designation is for the purpose of monitoring

and study and shall not include the control provisions set forth in subsection (10) of this

Section, other than measurement, water quality testing, and reporting.

prior to expiration of a temporary Groundwater Management Area, and subject to the

limitations of subsection (9)(b) of this Section, the Board may amend or repeal the

establishment of the temporary Groundwater Management Area, or may designate a

permanent Groundwater Management Area under this Section.

10. A permanent Groundwater Management Area may include, but is not limited to, one or more

of the following provisions:

a. closing the permanent Groundwater Management Area to further appropriation of surface

water and/or Groundwater;

b. restricting the development of future surface water and/or Groundwater appropriations

within the permanent Groundwater Management Area;

c. prohibiting or restricting the issuance of Stock Water Allowances pursuant to Section 2-

2-116 of this Ordinance;

d. prohibiting or restricting the issuance of Domestic Allowances pursuant to Section 2-2-

117 of this Ordinance;

e. requiring measurement and reporting of future surface water or Groundwater

appropriations within the permanent Groundwater Management Area;

f. requiring water conservation measures within the permanent Groundwater Management

Area;

eee ee

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE I11-A Page 27

g. requiring mitigation of Groundwater withdrawals within the permanent Groundwater

Management Area;

h. reporting data to the Board within the permanent Groundwater Management Area; and

i. other provisions that the Board determines are appropriate and adopts.

11. The Board, upon petition, may modify or repeal a Groundwater Management Area. Any

petition seeking the modification or repeal of a permanent Groundwater Management Area

must demonstrate by a preponderance of the evidence that current or projected recharge to

the aquifer or aquifers or changes to current or projected Groundwater withdrawals from the

aquifer or aquifers in the boundaries of an existing Groundwater Management Area justify

modification or repeal of that Groundwater Management Area.

12. Appeal from any final decision of the Board concerning the designation, modification or

repeal of any permanent Groundwater Management Area pursuant to this Section shall be as

set forth in Section 2-2-112 of this Ordinance.

13. If the Board determines that it is appropriate for a Groundwater Management Area identified

pursuant to this section to extend to an area adjacent to but outside the boundaries of the

Reservation, the Board, through the Office of the Engineer, may petition the DNRC, pursuant

to § 85-2-506(2)(c)(i), MCA, to designate a Controlled Groundwater Area in that adjacent

area. Designation or modification by the DNRC of a Controlled Groundwater Area in any

such adjacent area shall be governed by the procedures set forth in § 85-2-506, MCA.

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE 111-A Page 28

For any application for an Appropriation Right or Change in Use that is not one of the categories

of Appropriation Right identified in Sections 1-1-112(1) or 2-2-118 of this Ordinance, in

addition to whatever information is required by specific provisions of the Ordinance, all

applications for Appropriation Rights and Changes in Use must include:

1. An identification of the proposed beneficial use.

2. An identification of the source of water supply.

3. A project description, including an identification of any water right(s) to be changed to anew

use, if applicable.

4. A legal description of the point of diversion and the place of use.

5. The monthly volume(s) and flow rate(s) of the water supply to be diverted, withdrawn, or

impounded, and the monthly volume(s) to be consumed; however the Office of the Engineer

may require a more frequent quantification time step.

6. The monthly historic diverted, withdrawn, or impounded volume(s) and flow rate(s) and the

historically consumed volume(s) of the water right(s) to be changed to a new use, if

applicable; however, the Office of the Engineer may require a more frequent quantification

time step.

7. The calculations, references and methodologies used to determine the volume(s) and flow

rate(s) in subsections (5) and (6) above.

8. Identification of physical water availability and existing legal demands on the source of

supply of water.

9. Evidence that the proposed means of diversion, construction, and operation of the

appropriation works are adequate.

p_______________________.. pe —__________—}

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE I11-A Page 29

10. Evidence of possessory interest or the written consent of the person with the possessory

interest in the property where the water is to be put to beneficial use, diverted, conveyed,

impounded, stored, transported, withdrawn, used, and distributed.

11. Information showing that the water quantity or quality of an Appropriator will not be

adversely affected, if applicable.

12. A United States Geological Survey (USGS) quadrangle map or United States Department of

Agriculture (USDA) aerial photo must be included with the application.

a. The following items shall be clearly identified on the map:

(1) North arrow;

(2) Scale bar;

(3) Section corners and numbers;

(4) Township and range numbers;

(5) Property lines and ownership;

(6) Source(s);

(7) Point(s) of diversion;

(8) Means of conveyance;

(9) Place(s) of use;

(10) Place(s) of storage, if applicable:

(11) Surface water features;

(12) Measurement and instrument locations associated with the application;

and

(13) The place(s) of use of all associated and supplemental water rights.

EEE —_—EeESeEe________

UNITARY ADMINISTRATION AND MANAGEMENT ORDINANCE 111-A Page 30

[OCR skipped on page(s) 31-125]

[Read from a scan; the first 30 pages.]