CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION (2010)
Tribal code
Ask Donna
What actually matters in this document.
Text
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
CTUIR
ADMINISTRATIVE RULES
AND
STANDARDS
TO THE
WATER CODE
Adopted by the
Water Commission
March 02, 2004
Water Commission Resolution #04-001
Amended through
September 07, 2010
Water Commission Resolution #10-001
Department of Natural Resources,
Water Resources Program,
Nixáawii Governance Center
46411 Tíimine Way
Pendleton, Oregon 97801
Phone (541)429-3447
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
ADMINISTRATIVE RULES AND STANDARDS TO THE WATER CODE OF THE
UMATILLA INDIAN RESERVATION
TABLE OF CONTENTS
SECTION 100
ADMINISTRATIVE RULES .................................................................................................... 1
101.
GENERAL PROVISIONS ........................................................................................................................... 1
101.1
Authority ................................................................................................................................................1
101.2
Purpose ...................................................................................................................................................1
101.3
Scope ......................................................................................................................................................1
101.4
Errata and Corrections ............................................................................................................................ 1
102.
CONTENT: PERMITS, DOCUMENTS, AND FORMS ........................................................................... 1
102.1.
Application Forms ..................................................................................................................................1
102.2.
Permits....................................................................................................................................................6
102.3.
Certifications ..........................................................................................................................................7
102.4
Notices....................................................................................................................................................9
103.
APPLICATION PROCEDURES ................................................................................................................. 9
104.
DIRECTOR'S PROCEDURES .................................................................................................................. 10
104.1
Water System Development Permits .................................................................................................... 10
104.2
Water Use Permit Renewal .................................................................................................................. 10
104.3
Anti-degradation Review of Tribal Permits ......................................................................................... 11
104.4.
Stream Zone Alteration Permits ........................................................................................................... 11
105.
PUBLIC HEARINGS PROCEDURES ..................................................................................................... 11
105.1.
Purpose of Hearings ............................................................................................................................. 11
105.2.
Hearings Body ...................................................................................................................................... 11
105.3.
Hearings Schedule ................................................................................................................................ 12
105.4.
Public Hearing Notice .......................................................................................................................... 12
105.5.
Nature and Conduct of Hearing ............................................................................................................ 13
105.6.
Challenge for Bias, Prejudgment or Personal Interest .......................................................................... 13
105.7.
Presiding Officer .................................................................................................................................. 14
105.8.
Burden of Proof .................................................................................................................................... 14
105.9.
Order of Procedure ............................................................................................................................... 14
106.
FEES ............................................................................................................................................................. 17
106.1.
Authority to Establish Fees: ................................................................................................................. 17
106.2.
Fee Schedule ........................................................................................................................................ 17
106.3.
Modification of Fee Schedule: ............................................................................................................. 18
106.1.
Collection of Fees:................................................................................................................................ 18
SECTION 200
STANDARDS FOR THE USE OF WATER RESOURCES ................................................ 20
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
201.
GENERAL PROVISIONS ......................................................................................................................... 20
202.1.
Authority .............................................................................................................................................. 20
202.2.
Purpose ................................................................................................................................................. 20
202.3.
Scope .................................................................................................................................................... 20
202.
STANDARDS FOR BENEFICIAL USES ................................................................................................ 20
202.1.
Domestic: ............................................................................................................................................. 20
202.2.
Community: .......................................................................................................................................... 20
202.3.
Agricultural Irrigation: ......................................................................................................................... 21
202.4.
Stock Watering: .................................................................................................................................... 21
202.5.
General Farm: ....................................................................................................................................... 22
202.6.
Municipal: ............................................................................................................................................ 22
202.7.
Public: .................................................................................................................................................. 22
202.8.
Commercial: ......................................................................................................................................... 23
202.9.
Industrial: ............................................................................................................................................. 23
202.10.
Fire Protection: ..................................................................................................................................... 23
202.11.
Cultural: ................................................................................................................................................ 24
202.12.
Mining: ................................................................................................................................................. 24
202.13.
Fish Habitat: ......................................................................................................................................... 24
202.14.
Wildlife Habitat: ................................................................................................................................... 24
202.15.
Pollution Abatement: ............................................................................................................................ 25
202.16.
Recreation: ........................................................................................................................................... 25
202.17.
Power Generation: ................................................................................................................................ 26
202.18.
Fish Hatcheries: .................................................................................................................................... 26
SECTION 300
STREAM ZONE ALTERATION STANDARDS ................................................................. 28
301.
GENERAL PROVISIONS ......................................................................................................................... 28
301.1
Title and Authority ............................................................................................................................... 28
301.2
Purpose ................................................................................................................................................. 28
301.3
Work Plans and Dates .......................................................................................................................... 28
301.4
Conduct of Work .................................................................................................................................. 28
302.
ALTERATION STANDARDS ................................................................................................................... 30
302.1
Construction Supervision ..................................................................................................................... 30
302.2
Bank and Channel Realignments .......................................................................................................... 31
302.3
Brush Removal, Tree Removal, or Eradication of Native Vegetation.................................................. 31
302.4
Bridge Piers and Abutments ................................................................................................................. 32
302.5
Piling .................................................................................................................................................... 32
302.6
Culvert Construction ............................................................................................................................ 32
302.7
Dams and Diversion Structures ............................................................................................................ 33
302.8
Cofferdams and Site Dewatering .......................................................................................................... 33
302.9
Revetments ........................................................................................................................................... 34
302.10
Dikes and Levees.................................................................................................................................. 34
302.11
Construction of Streamside Roadways, Utility Lines, Canals and Ditches .......................................... 35
302.12
Construction of Infiltration Galleries, Drain Tiles or Other Underflow Collectors .............................. 36
302.13
Buried Pipe and Cable Crossings ......................................................................................................... 36
302.14
Gravel Extraction ................................................................................................................................. 37
302.15
Grazing ................................................................................................................................................. 38
302.16
Debris Removal .................................................................................................................................... 38
302.17
Livestock Feedyards ............................................................................................................................. 38
302.18
Stream Fords ........................................................................................................................................ 38
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
302.19
302.20
Buildings .............................................................................................................................................. 39
Subsurface and Surface Sewage Disposal Systems .............................................................................. 39
SECTION 400
WATER QUALITY STANDARDS, BENEFICIAL USES, AND TREATMENT
CRITERIA ................................................................................................................................................... 41
401.
GENERAL PROVISIONS ......................................................................................................................... 41
401.1
Introduction .......................................................................................................................................... 41
401.2
Area of Application .............................................................................................................................. 42
401.3
Applicability and Administration ......................................................................................................... 42
401.4
Definitions ............................................................................................................................................ 43
402.
GENERAL CONSIDERATIONS APPLICABLE TO THE RESERVATION ..................................... 51
402.1
General Policy ...................................................................................................................................... 51
403.
DESIGNATED BENEFICIAL WATER USES TO BE PROTECTED IN THE UMATILLA
BASIN ON THE RESERVATION ............................................................................................................ 52
404.
WATER QUALITY STANDARDS ........................................................................................................... 52
404.1
Water Quality Standards not to be Exceeded in the Surface Waters of the Reservation ...................... 52
404.2
Bacteria Standard ................................................................................................................................. 53
404.3
Dissolved Oxygen ................................................................................................................................ 54
404.4
Temperature ......................................................................................................................................... 55
404.5
Turbidity (Nephelometric Turbidity Units, NTU) ................................................................................ 56
404.6
pH (hydrogen ion concentration): ........................................................................................................ 57
404.7
Total Dissolved Gas: ............................................................................................................................ 57
404.8
Toxic Substances Criteria ..................................................................................................................... 57
404.9
Narrative Criteria .................................................................................................................................. 58
404.10
Naturally Occurring Water Quality Parameters ................................................................................... 59
404.11
Lake Class ............................................................................................................................................ 59
404.12
Radioactive Substances ........................................................................................................................ 60
404.13
Biological Criteria ................................................................................................................................ 60
404.14
Wildlife Criteria ................................................................................................................................... 61
404.15
Wetlands ............................................................................................................................................... 61
404.16
Nuisance Phytoplankton Growth .......................................................................................................... 61
405.
MIXING ZONES......................................................................................................................................... 62
405.1
General Conditions ............................................................................................................................... 63
405.2
Mixing Zone Specifications ................................................................................................................. 64
406.
ALLOWANCE FOR COMPLIANCE SCHEDULES ............................................................................. 65
407.
SITE SPECIFIC CRITERIA AND CRITERIA BASED ON NATURAL CONDITIONS .................. 66
408.
SHORT-TERM MODIFICATIONS ......................................................................................................... 67
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
409.
VARIANCES FROM WATER QUALITY STANDARDS .................................................................... 68
410.
MINIMUM DESIGN CRITERIA FOR TREATMENT AND CONTROL OF WASTES FOR
THE UMATILLA RIVER BASIN ON THE RESERVATION .............................................................. 69
410.1
Sewage Wastes ..................................................................................................................................... 69
410.2
Industrial wastes: .................................................................................................................................. 70
411.
PUBLIC INVOLVEMENT ........................................................................................................................ 71
412.
ANALYTICAL METHODS ....................................................................................................................... 71
APPENDIX A – TABLES ......................................................................................................................................... 73
Table 1
Designated Beneficial Uses for Water Quality Standards .................................................................... 74
Table 2
Dissolved Oxygen Criteria ................................................................................................................... 75
Table 3
Water Quality Criteria for Toxic Pollutants ......................................................................................... 76
Table 4
Water Quality Streams, Designated Beneficial Use Codes, Fish Species, Life History & Temperature
.............................................................................................................................................................. 85
Table 5
Indigenous Fish Species in the Umatilla River Basin on the Umatilla Indian Reservation .................. 86
Table 6
Introduced Fish Species in the Umatilla River Basin on the Umatilla Indian Reservation .................. 86
Table 7
Generally Accepted Periods of Salmonid Spawning, Egg Incubation, Fry Emergence, and Juvenile
Rearing for Water Bodies on the Umatilla Indian Reservation. ........................................................... 87
APPENDIX B – MAPS.............................................................................................................................................. 88
Map 1 Water Quality Planning Watersheds ............................................................................................................. 89
Map 2 North Reservation ......................................................................................................................................... 90
Map 3 Wildhorse Watershed .................................................................................................................................... 91
Map 4 Upper Umatilla ............................................................................................................................................. 92
Map 5 Mid Umatilla ................................................................................................................................................. 93
Map 6 Tutuilla/Patawa ............................................................................................................................................. 94
Map 7 McKay Creek ................................................................................................................................................ 95
SECTION 500 STANDARDS FOR THE CONSTRUCTION AND MAINTENANCE OF WELLS ON
THE UMATILLA INDIAN RESERVATION .............................................................................................. 98
501.
GENERAL PROVISIONS ......................................................................................................................... 98
501.1
Authority .............................................................................................................................................. 98
501.2
Purpose ................................................................................................................................................. 98
501.3
Scope .................................................................................................................................................... 98
501.4
Definitions ............................................................................................................................................ 98
502.1
Minimum Standards ........................................................................................................................... 104
502.2
Special Standards ............................................................................................................................... 105
502.3
Adapting to Local Conditions ............................................................................................................ 106
502.4
Public Safety ...................................................................................................................................... 106
502.5
Wells Cannot be Used for Disposal of Pollutants .............................................................................. 106
502.6
Well Constructors License ................................................................................................................. 106
502.7
Additional Requirements by Other Agencies. .................................................................................... 106
503.
WELL CONSTRUCTOR LICENSING.................................................................................................. 106
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
503.1
503.2
503.3
503.4
503.5
503.6
503.7
503.8
503.9
503.10
Director’s Responsibility .................................................................................................................... 106
Well Constructor License Applicant Responsibilities ........................................................................ 107
Well Constructor License Requirements ............................................................................................ 107
Well Constructor Trainee Card Requirements ................................................................................... 107
Licensing Examination ....................................................................................................................... 108
Issuing Licenses and Trainee Cards ................................................................................................... 108
Duration of License and Trainee Card ............................................................................................... 108
Trainee Special Requirements for Constructing Wells....................................................................... 108
Display Proof of Eligibility ................................................................................................................ 110
License and Card Fees ........................................................................................................................ 110
504
BONDING AND CONTRACTING FOR SERVICES ........................................................................... 110
504.1
Well Constructor Bond Required ....................................................................................................... 110
504.2
Contracting for Services ..................................................................................................................... 110
505
CONSTRUCTION OF WELLS ............................................................................................................... 111
505.1
Well Construction Notice Required ................................................................................................... 111
505.2
Well Drilling Machine Markings ....................................................................................................... 111
505.3
Well Report Required ......................................................................................................................... 112
505.4
Disinfection ........................................................................................................................................ 113
505.5
Mineralized or Polluted Groundwater ................................................................................................ 113
505.6
Perched Groundwater ......................................................................................................................... 113
505.7
Commingling of Waters ..................................................................................................................... 113
505.8
Explosives .......................................................................................................................................... 113
505.9
Unattended Wells ............................................................................................................................... 114
505.10
Organic Materials ............................................................................................................................... 114
505.11
Well Casing ........................................................................................................................................ 114
505.12
Liner Pipe ........................................................................................................................................... 114
505.13
Casing Joint (Steel Casing) ................................................................................................................ 115
505.14
Steel Casing Shoe ............................................................................................................................... 115
505.15
Plastic Casing ..................................................................................................................................... 115
505.16
Casing Joints (Plastic Casing) ............................................................................................................ 115
505.17
Casing Installation .............................................................................................................................. 116
505.18
Temporary Casing .............................................................................................................................. 116
505.19
Pitless Well Adapters ......................................................................................................................... 116
505.20
Cement Grout ..................................................................................................................................... 117
505.21
Resumption of Construction ............................................................................................................... 118
505.22
Drill Cuttings or Chips ....................................................................................................................... 118
505.23
Sealing of Wells in Unconsolidated Formations Without Significant Clay Beds .............................. 118
505.24
Sealing of Wells in Unconsolidated Formations With Significant Clay Beds ................................... 118
505.25
Sealing of Wells in Consolidated Formations .................................................................................... 119
505.26
Access Port ......................................................................................................................................... 120
505.27
Well Test ............................................................................................................................................ 120
505.28
Completion of Wells .......................................................................................................................... 121
505.29
Sealing of Filter Pack Wells With Surface Casing ............................................................................. 121
506.
FLOWING ARTESIAN WELLS ............................................................................................................ 121
506.1
Flowing Artesian Well Construction .................................................................................................. 121
506.2
Commingling of Water ....................................................................................................................... 121
506.3
Control Valves.................................................................................................................................... 121
506.4
Pressure Gauge ................................................................................................................................... 122
506.5
Well Test ............................................................................................................................................ 122
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
507.
DRIVEN OR JETTED WELLS............................................................................................................... 122
507.1
Drive Pipe ........................................................................................................................................... 122
507.2
Construction of Drive-Point or Jetted Wells ...................................................................................... 122
507.3
Additional Standards .......................................................................................................................... 122
508.
DUG WELLS ............................................................................................................................................. 122
508.1
Dug Water Supply Wells Construction Permit, Fee, and Bond Requirements ................................... 122
508.2
Construction of Dug Wells ................................................................................................................. 123
508.3
Surface Curbing.................................................................................................................................. 123
508.4
Buried Slab Construction ................................................................................................................... 123
508.5
Concrete ............................................................................................................................................. 124
508.6
Bored Wells ........................................................................................................................................ 124
508.
DEEPENING OR REPAIR OF WELLS ................................................................................................ 124
508.1
Casing ................................................................................................................................................. 124
508.2
Sealing of Casing ............................................................................................................................... 124
508.3
Inner Casing ....................................................................................................................................... 124
508.4
Artesian Well...................................................................................................................................... 124
508.5
Drilling in a Dug Well ........................................................................................................................ 124
509.1
Prevention of Contamination .............................................................................................................. 124
509.2
Valves and Casing on Artesian Wells ................................................................................................ 124
509.3
Access Port or Airline ........................................................................................................................ 125
509.4
Pressure Gauge ................................................................................................................................... 125
510.
LOW TEMPERATURE GEOTHERMAL WELLS .............................................................................. 125
510.1
Construction of Low-Temperature Geothermal Production Wells ..................................................... 125
510.2
Identification of Intended Well Use ................................................................................................... 125
510.3
Well-Head Protection Equipment ....................................................................................................... 126
510.4
Disposal of Low-Temperature Geothermal Fluids Produced During Drilling and Testing ................ 126
510.5
Water Temperature Measurement ...................................................................................................... 126
510.6
Reporting Temperature Data .............................................................................................................. 126
510.7
Low Temperature Geothermal Effluent Disposal............................................................................... 126
511.
CONSTRUCTION AND MAINTENANCE OF MONITORING WELLS,
GEOTECHNICAL HOLES, AND OTHER HOLES............................................................................. 127
511.1
Introduction ........................................................................................................................................ 127
511.2
Special Area Standards ....................................................................................................................... 127
511.3
Public Safety ...................................................................................................................................... 127
511.4
Wells Cannot be Used for Disposal of Contaminants ........................................................................ 128
511.5
Clean-up After Completion of Wells.................................................................................................. 128
511.6
Other Holes: General Performance Requirements ............................................................................. 128
511.7
Geotechnical Holes: General Performance Requirements .................................................................. 129
511.8
Monitoring Wells: General Performance Requirements .................................................................... 131
511.9
Monitoring Well Construction: General ............................................................................................. 132
511.10
Monitoring Well Protection ................................................................................................................ 133
511.11
Monitoring Well Casing ..................................................................................................................... 134
511.12
Additional Standards for Artesian Monitoring Wells ......................................................................... 134
511.13
Monitoring Well Screen and Filter Pack ............................................................................................ 135
511.14
Monitoring Well Seals ........................................................................................................................ 135
511.15
Monitoring Well Development........................................................................................................... 136
511.16
Piezometers ........................................................................................................................................ 136
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
512.
ABANDONMENT OF WELLS ............................................................................................................... 137
512.1
Temporary Abandonment ................................................................................................................... 137
512.2
Casing, Sealing, and Capping of Temporarily Abandoned Wells ...................................................... 137
512.3
Permanent Abandonment ................................................................................................................... 137
512.4
Abandonment of Uncased Wells in Unconsolidated Formations ....................................................... 138
512.5
Abandonment of Uncased Wells in Consolidated Formations ........................................................... 138
512.6
Abandonment of Cased Wells ............................................................................................................ 138
512.7
Abandonment of Artesian Wells ........................................................................................................ 138
512.8
Abandonment of Filter Pack Wells .................................................................................................... 138
512.9
Abandonment of Geotechnical Holes ................................................................................................. 139
512.10
Abandonment of Monitoring Wells.................................................................................................... 139
512.11
Special Standards For Abandonment of Temporary Monitoring Wells ............................................. 140
512.12
Removal of Well Casing During Abandonment ................................................................................. 141
512.13
Obstructions ....................................................................................................................................... 141
512.14
Cement Grout ..................................................................................................................................... 141
512.15
Concrete ............................................................................................................................................. 141
512.16
Method of Placement of Concrete or Cement Grout .......................................................................... 141
512.17
Report on Abandonment .................................................................................................................... 141
513.1
Investigation of Alleged Violations .................................................................................................... 141
513.2
Evidence of Failure to Comply With Special Standards .................................................................... 142
513.3
Enforcement Actions .......................................................................................................................... 142
513.4
Change in Enforcement Status ........................................................................................................... 142
APPENDIX A – RECOMMENDATIONS FOR DISINFECTING WATER WELLS ..................................... 144
APPENDIX B-- RECOMMENDED METHODS OF PLACEMENT OF CEMENT GROUT ........................ 146
APPENDIX C - FIGURES ...................................................................................................................................... 148
Figure 1. Recommended Use of Centering Guides ............................................................................................ 149
Figure 2. Cement Grout Placement .................................................................................................................... 150
Figure 3. Sealing of a Drilled Well in Unconsolidated Formation Without Significant Clay Beds................... 151
Figure 4. Sealing of a Drilled Well in Unconsolidated Formation With Significant Clay Beds........................ 152
Figure 5. Sealing of a Drilled Well in consolidated Formation – Method #1 .................................................... 153
Figure 6. Sealing of a Drilled Well in Consolidated Formation – Method #2 ................................................... 154
Figure 7. Sealing of a Drilled Well in Consolidated Formation – Method #3 ................................................... 155
Figure 8. Sealing of Filter-Pack Well With Surface Casing .............................................................................. 156
Figure 9. Sealing of Filter-Pack Well Without Surface Casing ......................................................................... 157
Figure 10. Sealing of Artesian Well .................................................................................................................... 158
Figure 11. Sealing of Driver of Jetted Wells ....................................................................................................... 159
Figure 12. Sealing of Dug Wells ......................................................................................................................... 160
Figure 13. Abandonment of Uncased Well in Unconsolidated Formation .......................................................... 161
Figure 14. Abandonment of Uncased Well in Consolidated Formation .............................................................. 162
Figure 15. Abandonment of Cased Well.............................................................................................................. 163
Figure 16. Abandonment of Artesian Well .......................................................................................................... 164
Figure 17. Suggested Methods of Installing Access Ports, Pressure Gauges and Air Lines ................................ 165
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
SECTION 100
101.
ADMINISTRATIVE RULES
GENERAL PROVISIONS
101.1 Authority
The Water Commission shall have the power and authority to promulgate rules
and regulations regarding the implementation of the Water Code pursuant to
Section 1.10; E; 1 of the Water Code of the Confederated Tribes of the Umatilla
Indian Reservation, as amended on November 10, 2003 and following the
procedures set forth in Section 1.10; G.
101.2 Purpose
The purpose of these Administrative Rules is to provide the procedures and
criteria for the implementing the Water Code of the Confederated Tribes of the
Umatilla Indian Reservation.
101.3 Scope
These Administrative Rules establish:
1. The form and content of all applications, permits, certification, notices, and
forms;
2. Filing and processing applications;
3. Review Periods;
4. Issuance of Permits; and
5. Public Hearing Procedures.
101.4 Errata and Corrections
The Director is authorized to correct spelling, citation references, and other
editorial errata which occur within these rules and standards.
102.
CONTENT: PERMITS, DOCUMENTS, AND FORMS
The form, content, and style of documents utilized under this Code shall be promulgated
by the Director.
102.1. Application Forms
At a minimum the application shall contain:
1. Stream Zone Alteration.
a) Name, mailing address, and street address of the applicant;
b) The date the complete application was filed;
Page 1
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
c) Legal description of the project location, including allotment numbers or
tax lot numbers, township, range, section, and government lots or
forty-acre legal subdivision of the section;
d) Names, mailing addresses, and street addresses of the persons who own
the land at the project site;
e) Names, and street address of the project supervisor/contractor;
f) Name of stream or river and location (river mile);
g) Type of project;
h) Purpose of project;
i) Anticipated work schedule;
j) Fill removal information (type, kinds, amount);
k) Duration of instream work;
l) Project description;
m) Maps:
1) A map (scale not smaller than 2 inches per mile) clearly showing
section, township, and range, and distinctly outlining the location of
the proposed project site;
2) A map (scale not smaller than 2 inches per mile) clearly showing tax
lots and /or allotments (and their numbers) located in the project site;
3) A map (plan view of project site) (scale not smaller than 1 inch per
200 feet showing the existing location of the stream channel, riparian
zone, and existing structures (levees, dikes, roads, buildings, etc.) in
the project area.; and
4) Any other information pertinent to the Stream Zone Alteration
Application requested by the Director.
n) For stream zone projects which alter land contours in the stream channel
(e.g., dike, levee, or jetty construction, gravel displacement, etc.), in
addition to the maps listed above:
1) A map (scale not smaller than 2 inches per mile) showing the predicted
water line of the 100-year flood (if known) at the project site;
2) A map (plan view, same scale as map provided under item lc) of the
project site showing the proposed modifications (new channel
location, dikes, levees, weirs, fences, etc.);
3) Outline plans of all structures, showing plan and evolution dimension;
and
4) Cross sectional diagrams of the existing and final (after alteration)
conditions of the stream zone at the project site.
o) For alterations involving installations of pipelines or casings, or
construction of roads, canals, flumes, or bridges in the stream zone, in
addition to Maps listed above:
Page 2
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
1) Plans and profile sheets at scales not smaller than 100 feet per inch
horizontal and 5 feet per inch vertical;
2) Existing and finish cross sections of the channel and riparian zone at
intervals not greater than one hundred (100) feet, with at least three
cross sections to be shown in case the total bank frontage of the
proposed work site is less than one hundred (100) feet with an
additional cross sections at least at every point of abrupt change in
channel or bank; and
3) Soil data and bank stability calculations to verify the adequacy of any
bankside design that might be vulnerable to slides.
2. Tribal Water Permit.
a) Name, mailing address, and street address of the applicant;
b) The date the complete application was filed;
c) Legal description of the proposed point of diversion and the place of use,
including allotment numbers or tax lot numbers, township, range, section,
and government lots or forty-acre legal subdivision of the section;
d) Names, mailing addresses, and street addresses of the persons who own
the land at the point of diversion and place of use;
e) Proposed beneficial use of water requested;
f) Proposed pumping rate or flow rate of water, in cubic feet per second or
gallons per minute;
g) The total quantity of water, in acre-feet, proposed to be used per year;
h) Proposed water source and type of diversion;
i) Proposed schedule of construction work;
j) The date(s) when water will be diverted for the proposed beneficial use;
k) Other diversion works used for the same purposes or same place of use;
l) The description of the proposed or any existing diversion works and its
appurtenances;
m) A description of any water quantity or quality problems, such as seasonal
or continuous declining water levels or contamination, of the water source
at the point of diversion;
n) Whether the application is for construction of a new or alteration of an
existing diversion works for a preexisting use;
o) Drilling contractor, if the diversion is a well;
p) Site plan; and
q) Any other information pertinent to the Water System Development
Application requested by the Director.
3. Modification of Water Permit or Water Right.
a) Name and address of the applicant/permittee;
b) Original permit number;
c) Legal owners name and address;
Page 3
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
d) The legal description of the permitted point of diversion;
e) The legal description of the permitted place of use;
f) Description of all existing diversions;
g) The beneficial use of water;
h) Description of proposed modifications;
i) Detailed reason for the proposed modification;
4. Tribal Water Use Permit Renewal.
a) Name and address of the applicant/permittee;
b) Original permit number;
c) Expiration date of original permit,
d) The beneficial use of water;
e) The source of water;
f) The legal description of the permitted point of diversion;
g) The legal description of the permitted place of use;
h) If permit is for irrigation, total irrigated acres, on original permit;
i) If permit is for irrigation, the total acres currently irrigated;
j) Maximum flow rate or pumping rate in cubic feet per second or gallons
per minute;
k) Maximum daily, seasonal, or annual use;
l) Months of the year when water may be diverted for beneficial use;
m) Authorization to cancel permit, if applicable;
n) Date of renewal application; and
o) Any conditions imposed by the Director or the Water Commission
pertinent to the water system development.
5. Tribal Anti-degradation Review.
a) Legal name and address of the Applicant;
b) Legal name and address of Landowner;
c) If the Applicant is different from the Landowner, under what authority
does the Applicant propose this Project;
d) A legal description of the location of the proposed project site;
e) A complete description of the project proposal, using written discussion,
maps, diagrams, and other necessary materials sufficient to indicate;
1) Names or description of any involved river, stream, waterway, lake, or
other body of water;
2) A description of the proposed facility, project, or activity, and of any
potential pollutants which may be discharged into Reservation waters
resulting from the conduct of any activity including but not limited to;
the clearing of landscape or alteration of land features, the activities
associated with the construction of the proposed facility and/or the
operation of the facility, including any biological, chemical, thermal,
Page 4
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
and other characteristics of the discharge and the location or locations
at which potential pollutants may enter Reservation waters;
3) A description of the function and operation of equipment or facilities
to treat wastes or other effluents which may be discharged, including
specification of the degree of treatment expected to be attained;
4) The date or dates on which the activity will begin and end, if known,
and the date or dates on which the discharge will take place;
5) A description of the methods and means being used or proposed to
monitor the quality and characteristics of the discharge and the
operation of the equipment or facilities employed in the treatment or
control of wastes or other effluents; and
6) Copies of any environmental background information required by any
licensing or permitting agency or such other environmental
background information as may be necessary to demonstrate that the
proposed project or activity will comply with water quality
requirements.
f) An affirmative statement that the activity will be conducted in a manner
which probably will not violate applicable federal or the CTUIR Water
Quality Standards; and
g) Documentation which identifies and describes any other requirements of
Tribal law applicable to the proposed project which may have a direct or
indirect relationship to water quality.
6. §401 Water Quality Certifications.
a) Legal name and address of the project owner;
b) Legal name and address of owner’s designated official representative, if
any;
c) A description of the project location sufficient to locate and distinguish the
proposed project facilities
d) Names and addresses of immediately adjacent property owners;
e) A complete description of the project proposal, using written discussion,
maps, diagrams, and other necessary materials;
f) Names or description of involved rivers, stream, waterway, lake, or other
body of water (using U.S. government stream identification and/or
mapping.);
g) Copies of any environmental background information required by the
federal licensing or permitting agency or such other environmental
background information as may be necessary to demonstrate that the
proposed project or activity will comply with water quality requirements;
h) Copies of any public notice or supporting information, issued by the
federal licensing or permitting agency for the project or activity.
i) An exhibit substantially complying with 40 CFR §121.22 and which
contains:
Page 5
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
1) A description of the facility or activity, and of any discharge into
Reservation waters which may result from the conduct of any activity
including, but not limited to, the construction or operation of the
facility, including the biological, chemical, thermal, and other
characteristics of the discharge and the location or locations at which
such discharge may enter Reservation waters;
2) A description of the function and operation of equipment or facilities
to treat wastes or other effluents which may be discharged, including
specification of the degree of treatment expected to be attained;
3) The date or dates on which the activity will begin and end, if known,
and the date or dates on which the discharge will take place.
4) A description of the methods and means being used or proposed to
monitor the quality and characteristics of the discharge and the
operation of the equipment or facilities employed in the treatment or
control of wastes or other effluents.
5) An affirmative statement that the activity will be conducted in a
manner which will not violate applicable federal or tribal water quality
standards;
6) A legal description of the real property impacted by the activity or
facility for which a certification is sought; and
7) An exhibit which identifies and describes any other requirements of
federal and/or tribal law applicable to the proposed project which may
have a direct or indirect relationship to water quality.
102.2. Permits
At a minimum, Tribal permits shall prescribe:
1. Stream Zone Alteration Permit
a) Permit number;
b) Name and address of the permittee;
c) Beginning date of work period;
d) Ending date of work period;
e) The legal description and other reasonable descriptions of the project site;
f) Permitted activities (description of allowed project)
g) Permit conditions (description of restrictions and conditions on allowed
activities);
h) Any conditions imposed by the Director or the Water Commission
pertinent to the stream zone alterations.
2. Tribal Water System Development Permit
a) Name, mailing address, and street address of the Permittee;
b) The permit number;
Page 6
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
c) Validation date of the permit;
d) Legal description of project site, including allotment numbers or tax lot
numbers, township, range, section, and government lots or forty-acre legal
subdivision of the section;
e) The beneficial use of water permitted;
f) The water source;
g) The legal description and other reasonable descriptions of the permitted
point or points of diversion;
h) The permitted pumping rate or flow rate of water, in cubic feet per second
or gallons per minute;
i) The permitted total quantity of water, in acre-feet, to be used per year;
j) The permit expiration date at which time the construction must be
completed; and
k) Any conditions imposed by the Director or the Water Commission
pertinent to the water system development.
3. Tribal Water Use Permits
a) Name and address of the permittee;
b) Date of issuance of permit;
c) Permit number;
d) The Water Management Region where the point of diversion and place of
use are located.
e) The legal description and other reasonable descriptions of the permitted
point of diversion;
f) The legal description of the place of use;
g) The beneficial use of water;
h) The water source;
i) Maximum flow rate or pumping rate in cubic feet per second or gallons
per minute;
j) Maximum daily, seasonal, or annual use;
k) Months of the year when water may be diverted for beneficial use;
l) Expiration, renewal, or registration date; and
m) Any conditions imposed by the Director or the Water Commission
pertinent to the water system development.
102.3. Certifications
At a minimum Tribal Certifications shall include:
1. Anti-degradation Review Certification
a) Name and address of applicant;
b) Project type and name;
c) Type of project or activity;
d) Name of water body;
Page 7
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
e) General location;
f) Findings that the proposed project or activity is consistent with
regulations, standards, and policies adopted by the Board of Trustees or its
Commissions;
g) Any conditions determined necessary to maintain and protect water
quality within the Reservation.
h) Any conditions determined as necessary to comply with standards of other
Tribal agencies and to comply with other appropriate requirements of
Tribal law.
i) A condition which requires the certificate holder to notify the Director of
all changes in the project proposal subsequent to certification; and
j) A statement that there is a reasonable assurance that the project or activity
will be conducted in a manner which will not violate applicable water
quality standards.
2. §401 Water Quality Certification:
a) Name and address of applicant;
b) Project’s name and federal identification number, if any;
c) Type of project or activity;
d) Name of water body;
e) General location;
f) Findings that the proposed project or activity is consistent with:
1) Rules and standards adopted by the Board of Trustees
2) applicable provisions of the Clean Water Act.
3) Any conditions determined necessary to maintain and protect water
quality within the Reservation;
4) Any conditions determined as necessary to comply with standards of
other Tribal agencies and to comply with other appropriate
requirements of Tribal law according to the Clean Water Act;
5) A condition which requires the certificate holder to notify the Director
of all changes in the project proposal subsequent to certification; and
6) A statement that there is a reasonable assurance that the project or
activity will be conducted in a manner which will not violate
applicable water quality standards.
g) If applicable, the Water Quality Certification will also contain:
1) Limitations on effluent discharges;
2) Requirements that the applicant monitor effluent discharge on a
regular basis;
3) Termination of the operation upon evidence that such operation
violated or threatens to violate tribal water quality standards;
4) Minimum flow conditions;
5) Turbidity criterion;
Page 8
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
6) Criterion and use restrictions necessary to advance the Tribes’ antidegradation policy; and
7) Any other established water quality standard deemed necessary by the
Water Commission to maintain and protect water quality on the
Reservation.
102.4 Notices
1. Public Hearing Notice
a) At a minimum the notice shall specify the name of the applicant, the
nature of the applicant’s request, and the time, date, and place of the
hearing.
b) For requests for Water Use Permits, the notice will also contain the
proposed beneficial use, water source, type of diversion works, point of
diversion, amount of water the applicant proposes to divert
2. Tribal Water Use Renewal Notice
The notice for renewal of Tribal Water Use Permits shall contain at a
minimum:
a) The permit number;
b) The location of use;
c) The beneficial use;
d) The type and location of any diversion works;
e) The expiration date;
f) Who to contact to renew the permit;
g) A renewal application form;
h) The renewal fee requirement; and
i) An explanation of the consequences of failure to renew by a specified
date.
3. Notice of abandonment.
The notice shall contain, at a minimum:
a) The permit number;
b) beneficial use affected by the pending cancellation;
c) quantity of water to be lost;
d) place of use affected by the cancellation;
e) diversion works affected by the cancellation;
f) point of diversion affected by the pending cancellation; and
g) Director's evidence for cancellation.
103.
APPLICATION PROCEDURES
Page 9
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
1. Application forms shall be available at the Department of Natural Resources.
2. Any person, agency or other entity that seeks a permit or certification issued
by the C.T.U.I.R. shall submit a completed application with all supporting
documentation and the appropriate fee to the Director or his designated
representative.
3. All applications shall be submitted with the appropriate fee and shall be
reviewed for completeness prior to being accepted by the Director.
4. Incomplete applications may be refused for submittal. They may be subject to
outright rejection, or may be held in suspension pending submittal of the
information necessary to complete the application. The Director may request
additional information, as necessary, to effectively evaluate the application.
104.
DIRECTOR'S PROCEDURES
104.1 Water System Development Permits
If the application conforms to the conditions listed in Section 2.03,A, 1, ‘a’
through ‘j’ of the Water Code, the Director shall approve or deny the permit
following the criteria listed in Section 2.03,A,2, ‘a’ through ‘h’ of the Water
Code. The Director shall have twenty-five (25) calendar days in which to review
and act on an application. The time for acting on an application may be extended
another fifteen (15) calendar days at the discretion of the Director.
104.2 Water Use Permit Renewal
1. The Director shall notify the permittee of the expiration or pending expiration
of a Tribal Water Use Permit issued pursuant to the Code. The notification
shall be sent to the permittee via certified mail at the address last known to the
Director.
2. In reviewing a request to renew a Tribal Water Use Permit, the Director shall
have thirty (30) days to determine whether the request conforms to the criteria
set forth below. If the request does not conform to these criteria, the Director
shall deny the renewal request.
3. The renewal request shall be approved by the Director provided that the
request:
a) Does not change the permitted beneficial use of the water;
b) Does not increase the allocation or the pumping rate at the point of
diversion;
c) Does not move the point of diversion or change the place of use; and
Page 10
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
d) Conforms to all applicable conditions required by the original permit.
4. The Director shall renew a Water Use Permit for a term in accordance the
provisions for the duration of permits listed in the Water Code.
5. Approved renewals shall be conditioned in accordance with the provisions of
the Water Code and amendments thereto and the provisions of regulations
and standards established under the Code.
6. Any person who uses water:
a) After sixty (60) calendar days after the expiration date on the permit; or
b) After the Director notifies the user, in writing, that the permit must be
renewed and who fails to renew the permit shall be in violation of the
Code and shall be penalized in accordance with the enforcement
provisions of the Water Code.
104.3 Anti-degradation Review of Tribal Permits
1. Within 25 calendar days after an application is deemed complete pursuant to
this chapter the Director shall serve written notice on the applicant and/or the
permitting Tribal agency of his findings regarding compliance with the Tribal
Water Quality Standards OR if additional time is required to complete the
review of the application.
2. If the Director determines that additional time is needed to conduct the
review, the Director may extend the review period not to exceed and
additional 25 days.
104.4. Stream Zone Alteration Permits
Upon receipt of a complete application with the necessary supporting documents
the Director shall make a determination whether the request qualifies as a minor
or major alteration. Major alterations will be referred to the Water Commission
for a public hearing. Minor alteration will be reviewed and approved or
disallowed by the Director according to the procedures and criteria set forth in the
Water Code.
105.
PUBLIC HEARINGS PROCEDURES
105.1. Purpose of Hearings
The purpose of public hearings is to have a full factual presentation on the
proposed use or activity and to provide an opportunity for public comment and
testimony on the proposed action.
105.2. Hearings Body
Page 11
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
As specified by the provisions of the Water Code, the Water Commission shall be
the governmental body authorized to hold public hearings on matters regulated
through the Water Code.
105.3. Hearings Schedule
The Water Commission shall schedule public hearings at least twenty-five (25)
calendar days from the date of submission of a completed application.
105.4. Public Hearing Notice
1. For all public hearings:
a) The Director shall mail a notice of the hearing to the applicant. The notice
shall be accomplished through certified mail and shall be mailed at least
fifteen (15) calendar days prior to the hearing date.
b) The notice shall be placed in a newspaper of general circulation no less
than ten (10) days or more than twenty (20) days prior to the hearing.
c) The notice shall be posted in a minimum of three places of public
prominence (e.g. BIA Bldg, Tribal Services Bldg, Mission Market, or
Yellowhawk Clinic).
d) In addition to the above specified places, the notice of hearing shall be
sent, by regular first class mail, to the surrounding adjacent property
owners which may be affected by the proposed request and any other
individuals or agencies that may have a direct interest in the proposed
action.
e) Notices shall be mailed to at least ten (10) calendar days, but no more than
twenty (20) calendar days, prior to the public hearing.
1) Failure of an applicant, property owner, or any other interested party to
receive a notice shall not impair the validity of the public hearing.
2) Neither the public hearing nor a decision arising from a public hearing
shall be invalid due to the failure of any individual or agency to
receive a notice.
f) The Director may give notice by other means, including radio, television,
and other public media.
2. For Water System Development Requests:
In addition to the above specified notifications, notices shall be sent, by
regular first class mail, to the surrounding property owners within a radius
described as follows:
Proposed Withdrawal Rate
(Pumping or Diversion)
0 to 50 gal/min
51 to 100 gal/min
Radius of Notification
(Distance from Point of Diversion)
0.25 mile
0.50 mile
Page 12
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
101 to 250 gal/min
over 250 gal/min
0.75 mile
1.00 mile
105.5. Nature and Conduct of Hearing
1. The Water Commission, in conducting hearings, is acting in an administrative
quasi-judicial capacity and all hearings shall be conducted accordingly.
Interested parties are therefore entitled to an opportunity to be heard, to be
present, to rebut evidence to an impartial hearings body, to have the
proceedings recorded, and to have a decision based only on evidence which is
supported by findings of fact as a part of that record.
a) No person shall speak more than once without obtaining permission from
the presiding officer;
b) No person shall testify without first receiving recognition from the
presiding officer;
c) No person shall present irrelevant or repetitious testimony or evidence.
d) There shall be no audience demonstrations, such as applause, cheering,
display or signs, or other conduct disruptive of the hearing. Such conduct
may be cause for immediate termination of the hearing;
1. The presiding officer may take any appropriate action to assure the orderly
conduct of the hearing;
2. Members of the hearings body may question and cross-examine any person
who testifies.
105.6. Challenge for Bias, Prejudgment or Personal Interest
Any proponent or opponent of a proposal to be heard by the hearings body may
challenge the qualifications of any of its members to participate in such hearing
and decision. The challenge must state facts in writing, by affidavit, relied upon
by the submitting party relating to a member's bias, prejudgment, personal
interest, or other facts from which the party has concluded that the member will
not participate and make a decision in an impartial manner. Such written
challenge must be delivered by personal service to the presiding officer and to the
member(s) challenged not less than 48 hours preceding the time set for public
hearing. The challenge shall be incorporated into the record of the hearing. No
member of the hearings body shall participate in a hearing or a decision on a
proposal when he or she:
Page 13
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
1. Is a party to or has a direct personal or pecuniary interest in the proposal;
2. Is related to the proponent or opponent;
3. Is in business with the proponent;
4. Has determined, for any reason, that he cannot participate in the hearing and
decision in an impartial manner.
105.7. Presiding Officer
The chairman of the Water Commission shall be the presiding officer at all
hearings. In his absence, or with members consent, the Commission may
designate the vice-chairman to act as presiding officer at any appropriate hearing.
The presiding officer shall have the authority to:
1. Regulate the course and decorum of the hearing;
2. Dispose of procedural requests or similar matters;
3. Rule on offers of proof and relevancy of evidence and testimony; and
4. Take such other action authorized by the Commission which is appropriate for
conduct commensurate with the nature of the hearing.
105.8. Burden of Proof
The burden of proof is upon the proponent. The greater the change, or quantity of
water proposed for use, or the greater the impact of the proposal on an area, the
greater is the burden upon the proponent.
105.9. Order of Procedure
The presiding officer, when conducting the hearing, shall:
1. Commence the Hearing:
Announce the nature and purpose of the hearing and the rules for the conduct
of the hearing.
2. Call for Abstentions:
Inquire of the Commission whether any member thereof wishes to abstain
from participation in the hearing. Any member, then announcing his
abstention, shall not participate in the hearing, participate in discussion of the
question, or vote on the question. Any member whose participation has been
challenged by allegation of bias, prejudgment, personal interest, or partiality
or who has been subject to significant ex-parte or preexisting-hearing contact
with proponents or opponents may make a statement in response thereto or in
explanation thereof, for the record, and his decision to abstain or not. This
Page 14
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
statement shall not be subject to cross-examination, except upon consent of
that member, but shall be subject to rebuttal by the proponent or opponent, as
appropriate.
3. Staff Report:
Request the representative of the Department of Natural Resources to
summarize the nature of the proposal, explain any graphic or pictorial displays
which are a part of the record, summarize the staff report, and provide such
other information as may be requested by the hearings body.
4. Proponent's Case:
a) The applicant-proponent shall first be heard, on his own behalf or by
representative.
b) Upon failure of the applicant or his representative to appear at the hearing
of his proposal, or upon his express waiver of presenting testimony and
evidence, the hearings body shall consider the written application as
presenting the applicant's case.
c) Persons in favor of the applicant's proposal shall next be heard.
5. Cross-examination of Proponents:
Allow opponents, upon recognition by the presiding officer, to submit
questions to the proponents. Proponents shall be given a reasonable time to
respond solely to the questions.
6. Opponents Case:
Allow opponents, upon recognition by the presiding officer, to present their
case.
7. Cross-examination of Opponents:
Allow proponents, upon recognition by the presiding officer, to submit
questions to the opponents. Opponents shall be given a reasonable time to
respond solely to the questions.
8. Statement of Neutral Parties:
Allow neutral parties, upon recognition by the presiding officer, to provide
comments relevant to the issue being heard by the hearings body for
consideration and entry into the public record.
9. Rebuttal Evidence:
Allow the proponent to offer rebuttal evidence and testimony, and the
opponents to respond to such additional statements. The scope and extent of
rebuttal shall be determined by the presiding officer.
10. Close of Hearing and Deliberation:
Page 15
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
Unless the hearings body chooses to recess the hearing, the presiding officer
shall close the hearing when all of the testimony is given. Upon closing the
hearing, the hearings body shall deliberate the proposal. Deliberations shall be
open to the public. The hearings body shall either make its decision or table
the deliberation to a subsequent meeting. If the deliberation is tabled, the
presiding officer shall announce the time, date, and place that the deliberation
will be continued. The subsequent meeting shall not allow for additional
testimony, although the hearings body, during its deliberation, may ask for
clarifications of testimony already received. In making its decision on the
proposal, the hearings body shall state its findings that justify the decision.
11. Recessing Hearings
The hearings body may recess a hearing in order to obtain additional
information or to serve further notice upon other property owners or persons it
decides may be interested in the proposal being considered. Upon recessing,
the time, date, and place that the hearing will be resumed shall be announced
by the presiding officer.
12. Decision Criteria
After hearing all of the evidence, the Water Commission shall evaluate the
applicant’s request, the evidence, and the testimony in its deliberations and
render a decision based upon the relevant criteria listed in the Water Code
pertaining to the request.
13. Decision
After deliberations are closed, the Water Commission shall render a decision
in conformance with the Water Code.
14. Record of Proceedings
a) A designee of the presiding officer shall be present at each hearing and
shall record the hearing.
b) Written minutes of all hearings will be made which give a true reflection
of matters discussed along with the views of the participants. Copies of all
minutes shall be made available to the public within a reasonable time
after the meeting and will include the following information: (a) Members
present; (b) All motions, proposals, resolutions, and orders and their
disposition; (c) The results of all votes, and upon the request of a
Commission member, the vote of each member, by name; and (4) The
substance of any discussion on any matter.
c) The presiding officer shall, where applicable, cause to be received all
physical and documentary evidence presented which shall be marked to
show the identity of the person offering and whether presented on behalf
of the proponent or opponent. Such exhibits shall be retained by the
Department of Natural Resources until after any applicable appeal period
Page 16
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
has expired, at which time the exhibit shall be released upon demand to
the person identified therein.
106.
FEES
106.1. Authority to Establish Fees:
The Board of Trustees hereby establishes the following schedule of fees for
licenses, permits, registration statements, and the review of applications required
by this Water Code. This schedule of fees shall be effective for at least one year
following the adoption of this fee schedule.
106.2. Fee Schedule
1. Fees for Water System Development Permit Applications
a) Application for Domestic or Cultural Water Use: ..............................$35.00
b) Application for any other Beneficial Water Use:
1) Application that does not require a Public Hearing: .....................$75.00
2) Application that does require a Public Hearing: .........................$250.00
2. Fee for Water Use Permits (Prior, Modification or Renewal):
a) Application for Water Permit Renewal: .............................................$35.00
b) Application for Prior Use: ...................................................................$35.00
c) Application for Water Permit Modification:.......................................$35.00
3. Filing and Recording a Well Registration Statement:
a) Domestic or Cultural: ..........................................................................$10.00
b) Any Other Beneficial Use: ..................................................................$50.00
4. Fees for Stream Zone Alteration Permit Applications:
a) Minor Stream Zone Alterations ............................................................$0.00
b) Major Stream Zone Alterations: .......................................................$250.00
5. Fees for Anti-degradation Review Certification Applications:
a) Tribal Anti-degradation Review .........................................................$50.00
b) §401 Water Quality Review..............................................................$250.00
6. Fees for Post Work Applications (after work has begun or completed)
a) All Permits/Certifications except
Minor Stream Zone Alterations ................................................ Doubled Fee
b) Minor Stream Zone Alterations ........................................................$100.00
7. Fees for:
a) Application for Water management Region Map Amendment: .......$250.00
b) Statement of Appeal:.........................................................................$100.00
c) Copies of Code, Rules, or Regulations: ................................................$5.00
Page 17
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
106.3. Modification of Fee Schedule:
The Director, in consultation with the Water Commission, shall have the authority
to periodically modify the fee schedule including but not limited to the
establishment or deletion of fee categories and to increase or decrease the fee
amounts as is necessary to carry out the administration of this Water Code.
106.1. Collection of Fees:
The Director shall prepare and maintain a current fee schedule which is available
for public inspection. Prior to acting on requests for licenses, applications,
permits, or other documents, the Director shall collect the specified fee, based on
the fees established under the Water Code.
Page 18
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
Page 19
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
SECTION 200
201.
STANDARDS FOR THE USE OF WATER RESOURCES
GENERAL PROVISIONS
202.1. Authority
These standards are prepared pursuant to the authority delegated to the Water
Commission under Chapter 1.10 of the Water Code, as amended on November
10, 2003.
202.2. Purpose
The standards for water use specify the quantities of water authorized for
diversion for each beneficial use. The purpose of the standards is to provide
consistency in the quantities of water permitted for diversion for beneficial use, to
ensure the conservation of water resources for multiple beneficial uses, and to
discourage the misuse and waste of the water resources of the Confederated
Tribes of the Umatilla Indian Reservation.
202.3. Scope
These standards, effective on September 19, 1995 shall be applied to Tribal Water
Permits issued for the development and use of all waters located within the Water
Management Regions as established in the Water Code of the Confederated
Tribes of the Umatilla Indian Reservation.
202.
STANDARDS FOR BENEFICIAL USES
202.1. Domestic:
1. Irrigation is limited to non-commercial lawn and garden areas less than
one-half (0.5) acre per dwelling unit.
2. Total annual water usage per dwelling unit shall be less than two (2) acre-feet.
3. Maximum pumping rate (gallons per minute) is limited to:
4.
a) One dwelling
10 GPM
b) Two dwellings
20 GPM
c) Three dwellings
30 GPM
202.2. Community:
1. Irrigation is limited to non-commercial lawn and garden areas less than
one-half (0.5) acre per dwelling unit.
2. Total annual water usage per dwelling unit is less than one and one-half (1.5)
acre-feet.
Page 20
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
3. Maximum pumping rate is limited to seven and one-half (7.5) gallons per
minute for each dwelling unit.
202.3. Agricultural Irrigation:
1. The maximum cumulative pumping and/or diversion rate shall be:
a) Twenty (20) gallons per minute for four acres or less;
b) Five (5) gallons per minute per irrigated acre from 4.1 to 10 acres.
c) Fifty (50) gallons per minute plus three (3) gallons per minute for each
irrigated acre over ten (10) acres.
2. Maximum pumping and/or diversion rate from any single well that obtains
water from the basalt aquifer is:
a) Twenty-five (25) gallons per minute if the point of diversion is located in
the Mission Basin Water Management Region.
b) Nine hundred (900) gallons per minute if the well is located in any other
Water Management Region.
3. Maximum cumulative pumping or diversion rate from surface water sources
and alluvial aquifer for any place of use is fifty (50) gallons per minute.
4. Maximum rate of application is limited to:
a) One (1) acre-foot per irrigated acre from the basalt aquifer, per calendar
year.
b) Two and one-half (2.5) acre-feet per irrigated acre from surface water
sources or alluvial aquifer, per calendar year.
5. Annual irrigation season extends from April 1 through October 31 in a
calendar year.
6. Slope of the irrigated land shall not be greater than thirty-five (35%) percent.
202.4. Stock Watering:
1. A use shall be classified as stock watering if more than one-half (0.5)
acre-foot is diverted annually for watering livestock from a source or
diversion works, or if the primary purpose of the diversion works is to provide
livestock with drinking water.
Page 21
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
2. Maximum cumulative diversion rate for stock watering shall be fifteen (15)
gallons per minute for forty (40) or fewer head and fifty (50) gallons per
minute for more than forty (40) head of livestock.
202.5. General Farm:
1. A use shall be classified as general farm if more than one-half (0.5) acre-foot
is diverted annually for general farm purposes from a source or diversion
works, or if the primary purpose of the diversion works is to provide water for
general farm purposes.
2. Maximum cumulative pumping or diversion rate is limited to fifty (50)
gallons per minute. Maximum cumulative pumping or diversion rate is limited
to twenty-five (25) gallons per minute if the point of diversion is in the
Mission Basin Water Management Region.
3. Maximum annual usage from any point of diversion is limited to three (3)
acre-feet.
202.6. Municipal:
1. Maximum pumping or diversion rate from any single basalt well for a
municipal water supply is nine hundred (900) gallons per minute.
2. Maximum pumping or diversion rate from any point of diversion from a
surface water source is four hundred fifty (450) gallons per minute
3. Maximum pumping or diversion rate from any point of diversion from the
alluvial aquifer is nine hundred (900) gallons per minute.
202.7. Public:
1. The following standards apply to public uses that do not utilize water from a
municipal system.
2. The maximum pumping and/or diversion rate from any single well that
obtains water from the basalt aquifer is:
a. Fifty (50) gallons per minute if the point of diversion is located in the
Mission Basin Water Management Region.
b. One hundred fifty (150) gallons per minute if the well is located in any
Water Management Region other than the Mission Basin.
Page 22
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
3. Maximum cumulative pumping or diversion rate from surface water sources
and the alluvial aquifer for any place of use is fifty (50) gallons per minute.
4. Maximum rate of application is limited to:
a) Five (5) acre-feet from the basalt aquifer per calendar year.
b) Five (5) acre-feet from surface water sources or alluvial aquifer per
calendar year.
202.8. Commercial:
1. The following standards apply to commercial uses that do not utilize water
from a municipal system.
2. A use shall be classified as commercial use if more than one (1) acre foot is
diverted annually for commercial purposes, or if the primary purpose of the
diversion works is to provide water for commercial purposes.
3. The minimum pumping rate for a commercial development shall be ten (10)
gallons per minute.
4. The maximum cumulative pumping or diversion rate for a commercial
development is limited to two and one-half (2.5) gallons per minute per
plumbing fixture with a maximum rate of five-hundred (500) gallons per
minute per commercial development.
5. Maximum annual usage is limited to fifty (50) acre-feet per commercial
development.
6. Commercial irrigation (e.g., commercial nursery, golf course, etc.) shall be
developed in accordance with the standards set under Agricultural Irrigation.
202.9. Industrial:
1. The following standards apply to industrial uses that do not utilize water from
a municipal system.
2. Maximum cumulative pumping or diversion rate from the diversion works is
limited to two hundred (200) gallons per minute per industrial user.
3. Maximum annual usage is limited to fifty (50) acre-feet per industrial user.
202.10.Fire Protection:
Page 23
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
1. A use shall be classified as fire protection if more than two (2) acre-feet are
diverted annually for fire protection purposes from a diversion works, or if the
primary purpose of the diversion works is to provide water for fire protection
purposes.
2. The maximum pumping or diversion rate from a diversion works shall be six
hundred fifty (650) gallons per minute.
202.11.Cultural:
1. A use shall be classified as cultural use if more than one (1) acre foot is
diverted annually for cultural purposes, or if the primary purpose of the
diversion works is to provide water for cultural purposes.
2. Maximum diversion rate shall be ten (10) gallons per minute per use.
3. Maximum annual diversion per point of diversion shall not exceed two (2)
acre feet per use.
202.12.Mining:
1. Maximum cumulative pumping or diversion rate is limited to two hundred
(200) gallons per minute per mining development.
2. Maximum cumulative annual usage is limited to fifty (50) acre-feet per
mining development.
202.13.Fish Habitat:
1. Water Commission shall reserve instream flow to meet requirements for fish
habitat uses.
2. If the proposed water source is basalt ground water, the maximum cumulative
pumping rate or diversion rate from basalt wells shall be fifty (50) gallons per
minute per fish habitat development and a maximum diversion of ten (10) acre
feet per year per development.
3. If the water source is alluvial ground water, the maximum cumulative
pumping rate or diversion rate from a well(s) shall be four hundred and fifty
(450) gallons per minute per fish habitat development and a maximum
diversion of fifty (50) acre feet per year per development.
202.14.Wildlife Habitat:
Page 24
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
1. Water Commission shall reserve instream flow to meet requirements for
wildlife habitat uses.
2. If the proposed water source is basalt ground water, the maximum cumulative
pumping rate or diversion rate from basalt wells shall be fifty (50) gallons per
minute per wildlife habitat development and a maximum diversion of ten (10)
acre feet per year per development.
3. If the water source is alluvial ground water, the maximum cumulative
pumping rate or diversion rate from a well(s) shall be four hundred fifty (450)
gallons per minute per wildlife habitat development and a maximum diversion
of fifty (50) acre feet per year per development.
202.15.Pollution Abatement:
1. Water Commission shall reserve instream flow to meet requirements for
pollution abatement uses.
2. If the proposed water source is basalt ground water, the maximum cumulative
pumping rate or diversion rate from basalt wells shall be twenty-five (25)
gallons per minute and a maximum annual diversion of two (2) acre feet per
pollution abatement development if the point of diversion is located within the
Mission Basin Water Management Region or two hundred fifty (250) gallons
per minute per pollution abatement development and a maximum diversion of
five (5) acre feet per year per development if the point of diversion is located
in a Water Management Region other than the Mission Basin.
3. If the water source is alluvial ground water, the maximum cumulative
pumping rate or diversion rate from alluvial wells shall be two hundred fifty
(250) gallons per minute per pollution abatement development and a
maximum diversion of ten (10) acre feet per year per development.
202.16.Recreation:
1. Water Commission shall reserve instream flow to meet requirements for
recreational uses.
2. If the proposed water source is basalt ground water, the maximum cumulative
pumping rate or diversion rate from basalt wells shall be fifty (50) gallons per
minute per recreation development and a maximum diversion of five (5) acre
feet per year per development.
3. If the water source is alluvial ground water, the maximum cumulative
pumping rate or diversion rate from alluvial wells shall be two hundred fifty
Page 25
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
(250) gallons per minute per recreation development and a maximum
diversion of ten (10) acre feet per year per development.
202.17.Power Generation:
1. Power generation use shall be a lower priority use for surface water sources
than all other beneficial uses except mining. Power generation use may be
allowed provided the use does not reduce the quantity or impair the quality of
water required or reserved for fish habitat, wildlife habitat, and recreation
beneficial uses.
2. If the proposed water source is basalt ground water, the maximum cumulative
pumping rate or diversion rate from basalt wells shall be thirty (30) gallons
per minute per power generation development and a maximum diversion of
five (5) acre feet per year per development.
3. If the water source is alluvial ground water, the maximum cumulative
pumping rate or diversion rate from alluvial wells shall be two hundred fifty
(250) gallons per minute per power generation development and a maximum
diversion of ten (10) acre feet per year per development.
202.18.Fish Hatcheries:
1. Surface water developments for fish hatchery use shall be planned and
constructed to be non-consumptive uses. Stream reaches shall not be
dewatered by the diversion of water for fish hatchery use. Fish hatchery use
may be allowed provided the use does not reduce the quantity or impair the
quality of water required or reserved for fish habitat, wildlife habitat, and
recreation beneficial uses.
2. If the proposed water source is basalt ground water, the maximum cumulative
pumping rate or diversion rate from basalt wells shall be fifty (50) gallons per
minute per fish hatchery development and a maximum diversion of five (5)
acre feet per year per development.
3. If the water source is alluvial ground water, the maximum cumulative
pumping rate or diversion rate from alluvial wells shall be two hundred fifty
(250) gallons per minute per fish hatchery development and a maximum
diversion of ten (10) acre feet per year per development.
Page 26
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
Page 27
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
SECTION 300
301.
STREAM ZONE ALTERATION STANDARDS
GENERAL PROVISIONS
301.1 Title and Authority
These standards shall be entitled "Stream Zone Alteration Standards of the
Confederated Tribes of the Umatilla Indian Reservation," and are enacted by the
Water Commission pursuant to authority delegated by the Board of Trustees
through the Tribal Water Code.
301.2 Purpose
The purpose of these Standards are to establish procedures and guidelines for
development activities within the defined riparian zone that will protect the
quality and quantity of the waters of the Umatilla Indian Reservation and to
conserve the natural and cultural resources located within the stream zone.
301.3 Work Plans and Dates
The approved construction or work plans and the specified beginning and ending
dates for performing alterations are the essence of a Stream Zone Alteration
Permit. It is a violation of these standards for any person, without a written permit
amendment issued by the Director, to:
1. Perform any work prior to the beginning date stated on the permit;
2. Perform any work after the expiration date stated on the permit; or
3. Deviate from the final form of any plans, specifications, and drawings
accepted as supporting or auxiliary documents with the application for a
permit.
301.4 Conduct of Work
All stream zone alteration work shall be performed in a manner that minimizes
damage, both temporary and permanent, to water quality and fish and wildlife
habitat. The following limitations are in effect:
Page 28
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
1. During the period of in-water work, a project inspector shall monitor
construction activities periodically to ensure that the following provisions are
met.
2. Passage shall be provided for both adult and juvenile forms of all salmonid
species throughout the construction period.
3. Alteration or disturbance of stream banks and existing riparian vegetation will
be minimized. Where bank work is necessary, bank protection material shall
be placed to maintain normal waterway configuration whenever possible.
4. During project design and construction, every effort will be made to minimize
the amount of riprap used. Where riprap is necessary, only clean, nonerodible, upland angular rock of sufficient size for long-term armoring will be
employed. Placement will be from above the bank line and not “end-dumped.”
5. The diversion or withdrawal of any water from natural streams and used for
construction or for riparian plantings will comply with Tribal law regarding
temporary water use and any other applicable regulation.
6. All construction or alteration work performed in the channel of any perennial
or intermittent stream or reach of stream, shall conform to the instream work
periods and related procedures specified in the Water Code.
7. Operation of equipment below the water surface in any actively flowing
stream shall be minimized in duration and extent. Permits may include
conditions:
a) Restricting the types and duration of equipment operating in the flowing
stream;
b) Restricting the type and extent of alteration by the equipment;
c) Requiring the temporary or permanent diversion of stream flow away from
in-channel work;
d) Requiring the installation of silt barriers and/or other structures to reduce
stream turbidity;
e) Requiring the in-channel deployment or the on-site availability of
petroleum absorbent material for emergency cleanup of releases of
petroleum based substances into the stream zone.
8. Any temporary crossing, bridge centering or shoring, cofferdams, or other inchannel structures that will be needed during the period of construction shall
be designed for passage of any high flows that can reasonably be expected to
occur during the construction period.
Page 29
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
9. All temporary structures and cofferdams shall be completely removed at the
conclusion of construction, and the area shall be restored in accordance with
the conditions and terms of the permit.
10. Riparian vegetation shall be unaltered except where its removal is absolutely
necessary for completion of the work or alteration.
11. Any vegetation, debris, or other material removed during construction shall be
disposed of at a location where it cannot re-enter the channel during high
stream flows, and in accordance with any conditions or terms of the permit.
12. All new cut or fill slopes that will not be protected with some from of
revetment shall be seeded with grass or other perennial plants to minimize
erosion.
13. All fill material shall be placed and compacted in horizontal lifts. Areas to be
filled shall be cleared of all vegetation, debris, and other materials that would
be objectionable in the fill.
14. Alterations of the stream channel shall be performed in such a manner that the
water depth in the low-flow channel is not decreased as a result of project
work.
302.
ALTERATION STANDARDS
302.1 Construction Supervision
1. The permittee shall allow the Director or his designee to enter upon the
project site and perform inspections at any time.
2. The Director may require the permittee to notify the Department of Natural
Resources one full working day prior to the time any of the following stages
of work (if applicable) is initiated:
a) Brush removal;
b) Trench construction;
c) Cofferdam construction;
d) In reinforced concrete pours, placement of reinforcing bars;
e) In reinforced concrete pours, placement of concrete mix;
f) Placement of pipe or casing;
g) Revetment sub-base construction;
h) Placement of revetment courses;
i) Placement of revetment facing;
j) Completion of construction.
Page 30
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
3. The Director may require the permittee to assemble a full color photographic
record of all stages of construction named in Section 302.1;2 above (where
applicable to the project) and to supply prints of photographs to the
Department of Natural Resources at the time of completion of the project.
Photographs shall be taken from multiple viewpoints in a sequence that
obtains complete over-lapping coverage of all parts of the project at each
stage. Photographs shall be identified preferably by signs included in the field
of view, or failing that, by notes written on the backs of the prints.
Identification shall included the Stream Zone Alteration Permit number and
permittee name. Each photograph shall include a legible measuring element
that will establish the scale of the photograph.
302.2 Bank and Channel Realignments
1. Shall be designed to lead water in a manner that minimizes subsequent erosion
and that maintains consistency with fisheries requirements.
2. Shall be designed to blend smoothly into line of channel at the exit from
realigned section.
3. Shall be designed in accordance with fisheries requirements in order to
maintain sufficient depth and resting pools to provide fish passage at
minimum flows.
4. Shall be designed and constructed to preserve shading effects of riparian
vegetation wherever possible.
5. Shall be restricted to the minimum length necessary, since experience has
shown clearly that nearly all modified streambeds and banks are less suitable
for fish and wildlife, recreational use, and maintenance of clean water than
natural beds and banks.
302.3 Brush Removal, Tree Removal, or Eradication of Native Vegetation
1. Within 200 feet of a streambank or within the zone of riparian vegetation,
whichever distance is lesser, no removal of brush or trees or eradication of
native vegetation shall be done without a Stream Zone Alteration Permit.
2. If the brush, tree, or vegetation removal is incidental to the performance of a
construction project for which a valid Stream Zone Alteration Permit is
issued, the extent of removal shall not exceed that needed for clearing of the
actual site of construction and minimum feasible area of access lanes. At such
sites, the area shall be revegetated as much as and as soon as possible.
Page 31
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
3. If the brush, tree, or vegetation removal is for the purpose of wood harvesting
or of clearing the area for agriculture, only specifically indicated vegetation
shall be removed. Damage to vegetation on adjacent ground, or to species not
included in the permit statement in the case of wood harvesting, caused by
equipment passage or other causes, shall constitute a violation of this
regulation.
302.4 Bridge Piers and Abutments
1. Shall be located so that danger of ice jam will be minimized;
2. Shall be built on a deep enough foundation to protect against scour;
3. Shall not constrict the channel;
4. Shall be of strong enough construction to withstand stresses imposed by ice
movement or by the 100-year flood, whichever is greater.
302.5 Piling
1. If treated to prevent rot, shall be dry to prevent running or bleeding of toxic
materials into water.
2. Plans for work shall show all cofferdams, pits, temporary pump installations
and associated dewatering methods.
3. If pumping to dewater is considered likely to cause turbidity, the Director may
require that a temporary sedimentation basin be employed. Such temporary
basin shall conform to the requirements stated in Section 302.14; 6; b. of these
standards.
302.6 Culvert Construction
1. Culvert shall be sized to pass a project design flood without overtopping.
2. Placed in a manner that does not impede fish passage, where applicable.
3. Outlets to be at grade to present no obstruction to fish passage, where
applicable.
4. If the culvert is of multiple-passage construction, it shall be set with one inlet
lower than all others in order to concentrate low flows in a single channel.
Page 32
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
5. Low-flow channel shall be designed to maintain minimum depth for fish
passage. Means of controlling depth can include use of low-profile baffles.
6. For all sites in areas near human habitations, culvert backwater at peak of 100year flood shall be plotted on an appropriate contour map, along with the 100year flood that would exist if the channel were unobstructed. If the increase in
flood hazard is found to be excessive by the Director, a design modification
will be required.
302.7 Dams and Diversion Structures
1. 1.Shall be designed to permit passage of minimum stream flows through out
the year;
2. 2.Diversion checks shall be constructed in such fashion that no water can be
diverted when stream flow is minimum or less;
3. Shall be equipped with fish passage structures, where applicable;
4. Shall be equipped with fish screens to prevent entry of adult or juvenile fish
into any ditch, canal or pipeline, where applicable;
5. If variation in water level is to be greater than the natural variation of the
river, an annual schedule shall be submitted showing how operation of the
structure will accommodate passage of all existing and anticipated
anadromous fish runs;
6. In all the dams storing water, provision shall be made for dead storage to carry
over fish populations.
302.8 Cofferdams and Site Dewatering
1. Slope shall not be steeper than 2 to 1 from shoulder of dam to toe of
excavation.
2. Shall be totally removed as soon as the specific site work requiring
cofferdams has been finished.
3. Manner of removal shall minimize creation of turbidity in the stream.
4. Discharge from dewater pumps shall be controlled or passed through
sedimentation basin in order to eliminate or minimize turbidity.
Page 33
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
5. Shall be constructed and removed by a placement method that does not
require sliding or pushing of material except for blading to smooth the
finished surface.
302.9 Revetments
1. Where practicable, revetments shall be of a type that will allow re-growth of
perennial plant species, unless a special use such as boat launching ramp,
bridge abutment, etc., requires a clear reach of bank.
2. Revetments shall be constructed of clean rock material only. The Director
may also allow the construction of revetments containing synthetic rope
networks or other large-area fibrous networks.
3. The Director or Water Committee may impose the following standards on
revetments that are constructed or reconstructed in association with a major
alteration or that are designed to protect roads, bridges, public utility facilities,
water or sewer works, pipelines or buildings:
a) Design shall be based on preventing damage by 100-year flood;
b) Channel flow velocity shall be determined by application of manning
formula, assuming design flood flow and assuming that the slope is equal
to the average slope of a reach running twenty times the channel width
upstream from the section in question, unless a more exact analysis is
made over a reach which is bounded by natural hydraulic control sections
(sections at which critical flow can be shown to exist).
c) Bank stability analysis shall be based on the assumption of a saturated soil
condition and empty channel, to predict the effect of a rapid drop of water
level flowing a surge of high water.
d) Revetments designed as retaining walls shall be designed to resist the
effects of a rapid fall of the water level. To this end, they shall withstand
the full hydrostatic pressure of the equivalent weight of the soil plus a
column of water equal in weight to design high water lines. No passive
pressure or buoyant force shall be assumed to exist on the streamside of
the wall.
e) Revetment design shall be based on applied forces due to impinging flow
of water, applying hydrodynamic analysis and safety factors of 4 against
plucking and 2 against sliding (assuming a coefficient of friction that is
appropriate for the material in question).
302.10 Dikes and Levees
1. Shall be located to landward of a line connecting the outer extremities of the
stream's beds, so that downstream migration of meanders according to the
prevailing long-reach pattern of the stream will not lead to breaching of the
Page 34
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
dike or levee, or shall have competent revetments extending to a depth lower
than the streambed.
2. Shall be constructed to maintain not less than three (3) feet of freeboard at the
predicted crest of the 100-year flood.
3. Shall be provided with culverts to maintain the grade of all existing drainage.
Such culverts shall be fitted with flap gates or manually operated control
gates; if manually operated, the gates shall be padlocked and the keys held by
the Department of Natural Resources.
4. If of compacted-fill construction:
a) Shall have a top width not less than ten (10) feet:
b) Shall be constructed on a base from which all organic and vegetationbearing soil has been stripped;
c) Shall have stream-side bank slope not less than 2.5 to 1 and land-side bank
slope not less than 2 to 1;
d) Shall be constructed in horizontal lifts not more than six (6) inches thick,
and compacted 95% of optimum or denser;
e) Shall be constructed of soil that is free of extraneous material, organic
material, and frost;
f) Shall be planted to a suitable mixture of grasses and forbs to control
erosion.
5. If of dumped-fill construction:
a) Shall not be constructed of dumped fill except by special permission
granted by the Director;
b) Shall be constructed of non-organic materials with streamward slope not
less than 3 to 1 and landward slope not less than 2.5 to 1;
c) Shall be constructed on a base from which any trees and shrubs have been
removed;
d) Shall be constructed with top width not less than 15 feet;
e) Shall be constructed to a sufficient height such that embankments satisfy
the freeboard requirements (in Section 302.10;2 above) after an
anticipated settlement of 30% of the total thickness of the embankment;
f) Shall be smoothed with a bulldozer or grader blade to present a neat
appearance;
g) Shall be planted to grasses and forbs for erosion control.
302.11 Construction of Streamside Roadways, Utility Lines, Canals and Ditches
Page 35
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
1. Design shall be performed by a registered professional engineer.
Computations and soil test data shall be submitted as well as plans and
specifications, with the following information particularly required:
a) Location and extent of any existing or potential slides or areas of critical
bank slope;
b) Method to be used to stabilize slides (where such exist) and areas of
critical or super-critical bank slope (where such exist) or will be created by
the construction of the ditch and subsequent aeration of a modified subsoil
pore-water distribution, and documentation sufficient to demonstrate the
effectiveness of such proposed method of stabilization;
c) Design of land-side drainage to protect against breaching by local flash
floods up to the 100-year floods for minor drainage intercepted.
2. Access roads for construction shall utilize the final roadway or ditch channel
way as much as possible. Where separate access is necessary, it shall be
clearly detailed on the design submittal and subject to review and
modification.
3. Access must be clearly shown in the submittal documents. In no case shall
excess materials be placed within the channel of any stream.
302.12 Construction of Infiltration Galleries, Drain Tiles or Other Underflow Collectors
1. Shall not be constructed except in accordance with plans and specifications
prepared by a registered professional engineer.
2. Shall be equipped with manholes or lampholes to permit visual inspection of
all collector elements.
3. Shall be constructed at a time of year chosen to minimize danger of flooding
of construction sites. The beginning and ending dates for construction shall
be stated in the application for permit and approved by the Water
Commission.
4. If dewatering is required, all turbid water shall be passed through a
sedimentation basin conforming to the requirements of Section 302.14; 6; b of
these standards, in order to prevent turbidity in the stream.
302.13 Buried Pipe and Cable Crossings
1. Shall be of metal pipe or in metal casing.
2. Casing shall be corrosion-resistant; galvanized if steel (or of material more
corrosion resistant than galvanized steel).
Page 36
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
3. Shall be buried with sufficient cover, concrete or riprap anchorage, or
combination of both, to prevent scouring of stream bottoms thus exposing
casing.
4. Shall be fully detailed on as-built plans, and copies of the as-built plans shall
be submitted to the Department of Natural Resources.
302.14 Gravel Extraction
1. Methods for calculating quantities of removal shall be based on in site
quantities, as determined from contour maps of initial and final conditions
prepared by a registered professional engineer from field measurements.
Contour map preparation shall be subject to the following conditions:
2. The initial condition map shall show the contours existing prior to
construction of any cofferdams or access lanes, and prior to any disturbance of
the streambed by equipment.
3. The final-conditions map shall show the contours existing at the completion of
gravel removal, prior to obliteration (if any) of cofferdams, settling basins,
and access roads.
4. Maps shall be prepared to a planimetric scale no smaller than 100 feet to the
inch, and to a contour interval no smaller than either two (2) feet or one-fifth
of the average thickness of the gravel bed, whichever is less.
5. Maps shall bear the stamp of a registered professional engineer, together with
a statement by him certifying that they are accurate and are prepared from
measurements made by him or under his supervision.
6. All gravel removal activities shall be performed in a manner that will
minimize creation of downstream turbidity. In particular, the following
practices shall be adhered to:
a) Downstream flow shall be diverted from areas from which gravel is being
taken. Gravel shall not be removed from any areas in which it is not
feasible to divert stream flow.
b) Turbid water removed by dewatering pumps, and water used for gravel
washing shall be passed through a sedimentation basin having a detention
time of not less than two (2) hours and a maximum flowing-through
velocity no greater than 0.5 feet per second. The settling basin may be
constructed of local soils, but shall have bottom and banks at least as
impervious as sound 4-mil polyethylene sheeting laid on compacted soil
Page 37
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
with two (2) foot overlaps and sufficient gravel cover to prevent any
shifting.
7. At the end of any season's extracting activities, all cofferdams shall be
removed and the banks of all excavated pits shall be smoothed to a slope not
greater than 3 horizontal to 1 vertical. In the stream channel all removal sites
shall be left in a condition that prevents braiding of the stream or ponding of
stream flow.
302.15 Grazing
In any stream zone where livestock grazing degrades water quality, destabilizes
stream banks, or alters vegetation structure, fences shall be constructed to limit
livestock to intermittent access to the stream zone.
302.16 Debris Removal
1. Removal of debris from the stream channel shall be performed only during
stream low-flow periods as established in Section 4.06 of the Tribal Water
Code. In case of emergency, special permission may be granted by the
Director to remove debris at other times.
2. Location, preparation and rehabilitation of access to the stream zone for the
purpose of debris removal shall be subject to approval by the Director.
302.17 Livestock Feedyards
1. Within the zone of riparian vegetation, livestock feedyards shall not be located
within 200 feet of a stream bank.
2. Outside the zone of riparian vegetation, livestock feedyards shall be located
outside the stream channel and at least 50 feet from the stream bank.
3. Livestock feedyards shall be situated and constructed or reconstructed such
that:
a) surface runoff from the feedyard will not discharge into a stream channel
and;
b) subsurface drainage from the feedyard will not discharge untreated animal
waste into any stream channel.
302.18 Stream Fords
1. Streams shall be forded only at locations properly prepared as a ford.
2. All fords shall have both stream banks sloped at a grade not to exceed 15%.
Page 38
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
3. All driving surfaces of a ford, including the streambed, shall be prepared with
the surface material and graded in such a manner that traffic or surface water
run-off will not cause rutting and trenching of tracks.
4. Temporary fords shall be reclaimed in such a manner that stream banks at the
site are protected against erosion and scour.
302.19 Buildings
Buildings, excepting certain buildings as determined by the Director to be
essential for fisheries management or for research or the collection of data for
stream management,, shall be located more than one hundred (100) feet from the
bank of a stream or outside the zone or riparian vegetation, whichever distance is
lesser.
302.20 Subsurface and Surface Sewage Disposal Systems
Sewage disposal systems shall be located more than one hundred (100) feet from
the bank of any stream.
Page 39
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
Page 40
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
SECTION 400
401.
WATER QUALITY STANDARDS, BENEFICIAL USES, AND
TREATMENT CRITERIA
GENERAL PROVISIONS
401.1 Introduction
1. The Walla Walla, Cayuse and Umatilla Indians exercise inherent sovereignty
which includes governing, regulating and managing our affairs, and protecting
and using our natural resources. Knowing that without good quality flowing
water that nothing will survive, we exercise our rights to protect the water
quality of the Reservation. Acknowledging that water is the giver of life, food,
and the spirit and upon recommendation of the Water Commission, the Board
of Trustees adopts the water quality standards to provide a mechanism for
managing and regulating the quality and uses of waters of the Reservation by
establishing water quality goals for specific water bodies, and providing a
legal basis for regulatory controls. The exercise of this governmental function
is critical to the Tribes’ self-governing principles.
2. On August 5, 1981, the Board of Trustees approved and adopted the Interim
Water Code. The purposes of the Interim Water Code include protecting the
water resources of the Reservation from over appropriation, pollution,
contamination or other acts injurious to the quantity or quality of waters of the
Reservation. The Water Code was amended most recently on November 10,
2003.
3. These water quality standards are adopted pursuant to the Tribes’ inherent
sovereign authority, the Treaty of 1855, and Sections 303 and 518 of the
Federal Clean Water Act. The standards will protect the Tribes’ public health
and welfare, treaty resources, political well-being, and economic viability;
enhance the quality of waters of the Reservation; serve the purposes of the
Federal Clean Water Act and assist in fulfilling the trust responsibilities of the
United States to the Tribes.
4. Purposes of the water quality standards are to maintain or restore the
chemical, physical, biological conditions, and cultural integrity of the surface
waters of the Reservation for the Tribes, its people, and residents of the
Reservation. The Tribes plan to achieve a level of water quality that provides
for the protection and propagation of fish and wildlife, for recreation in and on
the water, and for all existing and designated beneficial uses of the water. The
Tribes will promote a holistic watershed approach to management of the
surface waters of the Reservation and will protect cultural and spiritual uses of
water and threatened and endangered species.
Page 41
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
5. As described in this chapter, these water quality standards support the existing
and designated beneficial uses of the surface waters of the Reservation, ensure
that these uses will be protected, set the water quality standards to sustain the
designated beneficial uses, and protect existing water quality.
6. The designated beneficial water uses and water quality criteria conform with
water uses of the surface waters of the Reservation, the policies and
regulations in the Interim Tribal Water Code, and considers the natural water
quality potential and limitations of the same.
7. These water quality standards will be reviewed at least once every three years
where full participation will be publicly requested from tribal members and
the general public.
401.2 Area of Application
The provisions of these water quality standards shall apply to all surface waters
within the boundaries of the Reservation, the trust lands restored to reservation
status by the 1940 Secretarial Order, and any future territory that may come
within Tribal jurisdiction. See Map 1
401.3 Applicability and Administration
1. The water quality standards shall be used by the EPA Regional Administrator
for establishing any water quality based National Pollutant Discharge
Elimination System (NPDES) Permit for point sources on the Reservation.
2. In conjunction with the issuance of Section 402 or Section 404 permits, the
Tribes may designate mixing zones in the waters of the Reservation on a caseby-case basis. The size of mixing zones and the in-zone water quality in the
mixing zones shall be consistent with applicable procedures and guidelines in
EPA’s Water Quality Standards Handbook and the Technical Support
Document for Water Quality based Toxics Control and subsequent updates of
the handbook and technical support documents (see Section 403.).
3. In conjunction with the issuance of Federal licenses or permits to conduct any
activity including, but not limited to, the construction or operation of facilities,
which may result in any discharge into the surface waters of the Reservation,
the licensing or permitting agency must apply for certification from the Tribes
under Section 401 of the Clean Water Act. The Tribes will approve or deny
certification of any federally licensed or permitted activity to ensure
compliance with applicable water quality standards.
4. The Tribes may further apply these water quality standards to protect the
integrity of the surface waters within the boundaries of the Reservation. As
such, the Tribes may apply these water quality standards to any activity
Page 42
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
including, but not limited to the construction or operation of industrial or
commercial facilities, which may result in discharge from point and non-point
sources into the surface waters of the Reservation.
401.4 Definitions
These definitions are applicable to all surface waters of the Reservation and are
intended to facilitate the use of this chapter.
1. “Acute Toxicity” is a relatively short-term lethal or other adverse effect to an
organism caused by pollutants, and usually occurs within 4 days for fish and
large invertebrates and shorter times for smaller organisms.
2. “Anthropogenic” when used to describe “sources” or “warming”, means that
which results from human activity.
3. “Appropriate Reference Site or Region” means a site on the same water body
or within the same basin or eco-region that has similar habitat conditions and
which is expected to represent the water quality and biological community
attainable within the area(s) of concern.
4. “Aquatic Species” means any plant or animal that lives at least part of their
life cycle in water.
5. “Background Conditions” means the biological, chemical, and physical
conditions of a water body, outside and up-gradient of the area of influence of
the point source discharge, non-point source, or instream activity under
consideration. If several sources to any water body exist, background
sampling would be undertaken immediately upstream from each source.
6. “Best Management Practices” means physical, structural, and/or managerial
practices that, when used singularly or in combination prevent or reduce
pollution.
7. “Biological Assessment” evaluates the biological condition of a water body
using surveys of aquatic community structure, function, diversity, presence or
absence, or other direct measurements of resident biota in surface waters.
8. “Biological Criteria” means numerical values or narrative expressions that
describe the biological integrity or aquatic communities inhabiting waters of a
given designated aquatic life use. Biological criteria serve as an index of
aquatic community health.
9. “Board of Trustees” means the governing body of the Confederated Tribes of
the Umatilla Indian Reservation exercising the Tribes’ inherent authority and
Page 43
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
those powers granted by the Treaty of 1855 and the Constitution and By-Laws
of the Confederated Tribes of the Umatilla Indian Reservation.
10. “BOD” means 5-day 20°C. biochemical oxygen demand and is a measure of
the readily degraded organic constituents in a water sample.
11. “Carcinogen” or “carcinogenic” means any substance or agent that produces
or tends to produce cancer in humans. The term carcinogen will apply to
substances on the EPA lists of A (known human), B (probable human), and C
(possible human) carcinogens.
12. Chapter” means the Water Quality Standards of the Confederated Tribes of
the Umatilla Indian Reservation as set forth within the Interim Tribal Water
Code.
13. “Chlorophyll a” means a primary pigment in all oxygen evolving
photosynthetic organisms and is present in all algae and photosynthetic
organisms other than bacteria.
14. “Chronic Toxicity” means a fairly long-term adverse effect to an organism
(when compared to the life span of the organism) caused by or related to
changes in feeding, growth, metabolism, reproduction, a pollutant, genetic
mutation, etc. Short-term test methods for detecting chronic toxicity may be
used.
15. “Critical Conditions” means the physical, chemical, and biological
characteristics of the receiving water and point source discharge, non-point
source, or instream activity that interact to produce the greatest potential
adverse impact on aquatic biota and designated beneficial uses.
16. “Critical Habitat” means those areas, which support rare, threatened or
endangered species, or serve as sensitive spawning and rearing areas for
aquatic life.
17. “Cultural Water Use” means waters which are used to support and maintain
the way of life and traditional activities involving the people of the
Reservation. These activities include, but are not limited to, spiritual practices
which involve, among other things, primary or (direct) contact with water;
uses of a water body to fulfill cultural, traditional, spiritual or religious uses;
and preservation of habitat for berries, roots, medicines and other vegetation
significant to the values and treaty rights of the Tribes. Water quality
standards for this purpose will be numerically identical to water contact
recreation standards.
Page 44
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
18. “CWA” means the Federal Clean Water Act (33 USC 1251 et seq.), as
amended.
19. “Damage to the Ecosystem” means any demonstrated or predicted stress to
aquatic or terrestrial organisms or communities of organisms which the
Director concludes may interfere with the health or survival success or natural
structure and functioning of such populations. The stress may be due to
alteration in habitat or changes in water, temperature, chemistry, turbidity, or
other causes. In determining ecosystem damage, the Director shall consider
the cumulative effects of pollutants or incremental changes in habitat which
may create stress over the long term.
20. “Department” means the Confederated Tribes of the Umatilla Indian
Reservation Department of Natural Resources.
21. “Director” means the Director of the Confederated Tribes of the Umatilla
Indian Reservation Department of Natural Resources.
22. “Designated Beneficial Use” means the purpose or benefit to be derived from
a water body, as designated by the Tribes, whether or not it is currently being
attained.
23. “E. coli” means that portion of the coliform bacteria group which is present in
the intestinal tracts and feces of warm-blooded animals as detected by the
product of acid or gas from lactose in a suitable culture medium within
twenty-four hours at 44.5 plus or minus 0.2 degrees Celsius.
24. “Emergency” means a situation of any kind, normally unforeseeable and
unpreventable by ordinary prudence, in which either human life or health is
endangered, or there is a clear threat of damage to or destruction of houses,
buildings, roads, bridges, sewer works, waterworks, public facilities of any
kind, livestock, or growing crops or such nature that only immediate action
can prevent such loss of life, threat to public health, or damage to property.
25. “EPA” means the United States Environmental Protection Agency.
26. “Existing Uses” means uses actually attained in the water body on or after
November 28, 1975, whether or not they are included in the water quality
standards or presently exist.
27. “Geometric Mean” means either the nth root of a product of n factors, or the
antilogarithm of the arithmetic mean of the logarithms of the individual
sample values.
Page 45
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
28. “Hardness” means a measure of the calcium and magnesium salts present in
water. For the purpose of this chapter, hardness is measured in milligrams per
liter and expressed as calcium carbonate (CaCO3).
29. “High Quality Waters” means those waters, which meet or exceed those levels
that are necessary to support the propagation of fish, shellfish and wildlife,
and recreation in and on the water, and other existing and designated
beneficial uses.
30. “Instream Water Uses” means cultural, fish and aquatic life habitat, salmonid
fish rearing, salmonid fish spawning, anadromous fish passage and wildlife
habitat uses.
31. “Intergravel Dissolved Oxygen” (IGDO) means the concentration of oxygen
measured in the stream gravel pore water. For compliance purposes with
criteria, the DO concentration should be measured within a redd or artificial
redd, down-gradient of the egg pocket. Measurements should be taken within
a limited time period, i.e., prior to emergence of fry, generally during the
month of March.
32. “Intermittent Stream” means a waterway which flows only at certain times of
the year or does not flow continuously.
33. “Mean Detention Time” is the mean amount of time that water remains in a
basin. The time is computed by dividing a reservoir’s mean annual minimum
total storage by the thirty-day, ten-year, low flow from the reservoir.
34. “mg/L” means parts per million, a measure of concentration.
35. “Mixing Zone” means that portion of water body adjacent to an effluent
outfall where mixing results in the dilution of the effluent with the receiving
water. Water quality numeric criteria may be exceeded in a mixing zone as
conditioned and provided for in Section 405.
36. “Mutagenic” means having the characteristics of a chemical agent that can
induce or increase the frequency of mutation in an organism.
37. “Natural Causes” refers to non-anthropogenic situations or not due to
manmade sources.
38. “Natural Condition” means surface water quality that existed before humancaused influence on, discharge to, or addition of material to the water body.
Page 46
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
39. “Near Instantaneous and Complete Mix” means no more than a 10 percent
difference in bank-to-bank concentrations within a longitudinal distance not
greater than 2 stream/river widths.
40. “Non-point Source” means diffuse or unconfined sources of pollution where
waste can enter into or be conveyed by the movement of water into the surface
waters of the Reservation.
41. “NPDES” means National Pollutant Discharge Elimination System, the
national program for issuing, modifying, revoking and reissuing, terminating,
monitoring and enforcing permits, and imposing and enforcing pretreatment
requirements, under Sections 307, 402, 318, and 405 of the CWA.
42. “Outstanding Tribal Waters” means those waters designated by the Tribes
where high quality waters constitute an outstanding Tribal resource based on
extraordinary water quality or ecological values, or where special water
quality protection is needed to maintain critical habitat areas.
43. “ppm” means a concentration measure designating parts per million.
44. “Permit” means a document issued pursuant to tribal code or federal laws (i.e.,
NPDES, CWA, Section 401; CWA, Section 404) specifying the waste
treatment and control requirements and waste discharge conditions.
45. “Persistent Pollutant” means a pollutant which is slow to or does not decay,
degrade, transform, volatilize, hydrolyze, or photolyze.
46. “Person” means any individual or group or combination thereof acting as a
unit, however associated.
47. “Pesticides” includes insecticides, herbicides, fungicides, piscicides and all
other substances intended to prevent, repel, destroy or mitigate the damage
from insects, rodents, bacteria, fungi or weeds capable of infesting or harming
vegetation, humans, or animals.
48. “pH” means the negative logarithm of the hydrogen ion concentration.
49. “Point Sources” means a stationary location or fixed facility (e.g. a pipe, ditch,
concentrated animal feeding operation) from which pollution is discharged
into surface waters of the Reservation.
50. “Pollutant” includes dredged spoil, solid waste, incinerator residue, filter
backwash, sewage, garbage, sewage sludge, munitions, chemical wastes,
biological materials, radioactive materials (except those regulated under the
Atomic Energy Act of 1954, as amended (42 U.S.C. 2011 et seq.)), heat,
Page 47
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
wrecked or discarded equipment, rock, sand, cellar dirt and industrial,
municipal, and agricultural waste discharged into water.
51. “Pollution” includes such contamination, or other alteration of the physical,
chemical or biological properties, of any waters of the Reservation including
change in temperature, taste, color, turbidity, or odor of the waters, or such
discharge of any liquid, gaseous, solid, radioactive, or other substance into
any waters of the tribe as will or is likely to create a nuisance or impair any
beneficial use of such waters.
52. “Primary Contact Recreation” means any recreational or other water use in
which there is prolonged and intimate contact with the water body, such as
swimming and tribal traditional or ceremonial purposes involving
considerable risk of ingesting water in quantities sufficient to pose a
significant health hazard. This contact may include but is not limited to
ingestion or immersion.
53. “Primary Treatment” is the separation of suspended solids from wastewater
through screening or sedimentation.
54. “Receiving Waters” means any water course or water body that receives
treated or untreated wastewater.
55. “Reservation” means all lands within the diminished boundaries of the
Confederated Tribes of the Umatilla Indian Reservation and Trust lands
located outside the diminished boundary but within the original treaty
boundary.
56. “Reservoir” means an artificial lake where water is collected as a water
supply.
57. “Secondary Contact Recreation” means any recreational or cultural use of the
water where contact with the water need not occur and the probability of
ingesting water is minimal, i.e., fishing or boating.
58. “Secondary Treatment” may be monitored in the following context:
a) “Sewage Wastes” means the minimum level of treatment mandated by
EPA regulations pursuant to Public Law 92-500.
b) “Industrial and other waste sources” apply controls equivalent to best
practicable treatment (BPT).
59. “Sewage” means the water-carried human or animal waste from residences,
buildings, industrial establishments, or other places, together with such
groundwater infiltration and surface waters as may be present.
Page 48
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
60. “Stormwater” means that portion of precipitation that does not naturally
percolate into the ground or evaporate, but flows via overland flow, interflow,
pipes, and other features of a stormwater drainage system into a defined
surface water body, or a constructed infiltration facility.
61. “Surface Waters of the Reservation” includes lakes, bays, rivers, ponds,
streams (including intermittent and ephemeral streams), wetlands, inland
waters, ponds, impounding reservoirs, canals, saltwater, and all other surface
water, natural or artificial, and water courses within the exterior boundaries of
the Reservation.
62. “Teratogenic” means substances or agents that can interfere with normal
embryonic development.
63. “Thermal Discharge” means the introduction of a heated effluent into surface
waters.
64. “Threatened or Endangered Species (listed species)” means any species of
fish, wildlife, or plant which has been determined to be endangered or
threatened under Section 4 of the Endangered Species Act. Listed species are
found in 50 CFR 17.11.-17.12.
65. “Toxicity” means acute or chronic toxicity.
66. “Toxicity Test” means a test using selected organisms to determine the acute
or chronic effects of a chemical pollutant or whole effluent.
67. “Toxic Pollutant” means those pollutants, or combinations of pollutants,
which after discharge and upon exposure, ingestion, inhalation or assimilation
into any organism, either directly from the environment or indirectly by
ingestion through food chains, will, on the basis of information available to
EPA or the Director, cause death, disease, behavioral abnormalities, cancer,
genetic mutations, physiological malfunctions (including malfunctions in
reproduction) or physical deformations, in such organisms or their offspring.
68. “Treaty of 1855” means the Treaty of June 9, 1855, 12 Stat. 945, ratified
March 8, 1859, proclaimed April 11, 1859, between the Tribes and the U.S.
Federal Government.
69. “Tribes” means the Confederated Tribes of the Umatilla Indian Reservation of
Oregon (Walla Walla, Cayuse and Umatilla Indians.).
70. “Triennial Review Process” refers to Section 303(c)(1) of the Clean Water
Act, which requires the Tribes shall, from time to time, but at least once every
Page 49
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
three years, hold public hearings to review applicable water quality standards
and, as appropriate, to modify and adopt revised or new standards. The Tribes
will follow guides provided in Chapter 6 “Procedures for Review and
Revision of Water Quality Standards” from EPA’s Water Quality Standards
Handbook to conduct all triennial reviews.
71. “Water Commission” means the governmental body of the Confederated
Tribes of the Umatilla Indian Reservation charged by the Board of Trustees to
adopt the Administrative Rules and Standards to the Water Code and to
implement the Tribal Water Code and the Administrative Rules and Standards
to the Tribal Water Code which contains the provisions of the Water Quality
Standards of the Confederated Tribes of the Umatilla Indian Reservation.
72. “Turbidity” means the clarity of water or a measure of the transmission of
light through a column of water expressed as nephelometric turbidity units
(NTU) and measured with a calibrated turbidimeter.
73. “ug/L means a concentration unit of measure designating micrograms per
liter.
74. “Wastes” include sewage, industrial wastes, and all other liquid, gaseous,
solid, radioactive, or other substances which will or may cause pollution or
tend to cause pollution of any surface waters of the Reservation.
75. “Water Quality” means the chemical, physical, biological, radiological, and
cultural characteristics of a water body.
76. “Wetland” means any area that is inundated or saturated by surface or ground
water 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.
a) “Constructed Wetland” means those wetlands intentionally created from
non- wetland sites for the sole purpose of wastewater or stormwater
treatment.
b) “Created Wetlands” means those wetlands intentionally created from nonwetland site to produce or replace natural wetland habitat.
74. “Wildlife habitat” means the waters of the Reservation used by, or that
directly or indirectly provide food support to, fish, other aquatic life, and
wildlife for any life history stage or activity.
Page 50
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
75. “Zone of initial dilution” means the region of initial mixing surrounding or
adjacent to the outfall diffuser port, in which dilution is caused by the
momentum and buoyancy of the discharge.
402.
GENERAL CONSIDERATIONS APPLICABLE TO THE RESERVATION
402.1 General Policy
The General Policy of the Tribes is to restore and protect the quality of waters of
the Reservation and includes:
1. Anti-degradation Policy for Surface Waters.
The purpose of the Anti-degradation Policy is to guide decisions that affect
water quality such that degradation from point and non-point sources of
pollution is prevented, and to protect, maintain and enhance surface water
quality to protect all existing and designated beneficial uses listed in Table 1.
2. The Anti-degradation Policy consists of:
a) Tier 1: Existing instream water uses and the water quality necessary to
support designated beneficial uses, shall be maintained and protected.
b) Tier 2: Where the actual water quality exceeds levels necessary to support
the propagation of fish and wildlife and recreation in and on the water, that
quality shall be maintained or protected unless the Tribes find, after full
satisfaction of the public participation provisions of the Tribes’ planning
process, that
1) allowing lower water quality is necessary to accommodate important
economic or social development where the water is located and
outweighs the environmental costs of lowered water quality,
2) lowering of water quality for economic or social development
purposes does not authorize other users to increase their loading;
3) lowering of the water quality will not violate the applicable criteria in
Table 3 or site specific criteria established in Section 407.
4) the resulting water quality will fully protect existing and designated
beneficial uses,
5) all wastes and other substances discharged will be treated and
controlled to achieve:
i. the highest statutory and regulatory requirements for new or
existing point sources and
ii. approved, cost-effective, and reasonable best management
practices for non-point sources.
Page 51
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
c) Tier 3: Outstanding Tribal Waters. Where high quality waters constitute
an outstanding resource of the Reservation such waters shall be
maintained and protected. These high quality waters may include wild and
scenic areas, wildlife refuges and waters of exceptional recreational,
ecological, cultural or religious significance. The Department may require
water quality controls, maintenance of natural flow regimes, protection of
instream habitats, and land use practices protective of the watershed.
3. In cases where potential water quality impairments associated with thermal
discharge are involved, the Antidegradation Policy and implementing methods
shall be consistent with Section 316 of the Clean Water Act, as amended.
4. When a distinction cannot be made between classifications of surface water,
wetlands, or groundwater, the applicable standards will depend on the existing
and designated beneficial use that may be adversely affected. At the boundary
between waters of different classifications, the more stringent water quality
criteria shall prevail. If the designated beneficial uses of more than one
resource are affected, the most protective criteria shall apply.
403.
DESIGNATED BENEFICIAL WATER USES TO BE PROTECTED IN THE
UMATILLA BASIN ON THE RESERVATION
1. Water quality in the surface waters of the Reservation shall be managed to
protect the existing and designated beneficial uses listed in Table 1, and Table
4. Within Table 1, the Tribes have made a general designation of beneficial
uses within specified watershed areas. Within Table 4, and appropriate maps,
the Tribes have designated beneficial uses specifically for individual streams.
This table also includes the most significant fish species associated with each
stream and the most critical life history for the species within the water body.
2. The tables listed above may be revised in the future to include additional
designated beneficial uses as long as existing uses are protected and after full
satisfaction of the Tribes’ intergovernmental coordination and public
participation process.
3. Any revisions to this document including tables constitute changes to the
water quality standards regulations and will be submitted to EPA for review
and approval after adoption by the Tribes.
404.
WATER QUALITY STANDARDS
The following criteria apply to surface waters of the Reservation and their tributaries as
identified in Table 4.
404.1 Water Quality Standards not to be Exceeded in the Surface Waters of the
Reservation
Page 52
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
1. Notwithstanding the water quality standards listed below, the highest and best
practicable treatment and control of wastes, activities, and flows shall be
provided in order to maintain dissolved oxygen and overall water quality at
the highest possible levels and water temperatures, coliform bacteria
concentrations, dissolved chemical substances, toxic materials, radioactivity,
turbidities, color, odor, and other deleterious factors at the lowest possible
levels.
2. Wastes shall not be discharged and activities will not be conducted where
either alone or in combination with other wastes or activities they will violate
the following standards in the surface waters of the Reservation. The Tribes
have designated specific water bodies in Table 4 indicating the designated
beneficial use, fish species, life history and temperature regime. In Table 7,
the Tribes have established the period of time for native salmonid spawning,
egg incubation, fry emergence and rearing periods.
3. As additional information is developed, the Tribes may revise Table 4 and
Table 7 based on site specific data for streams, water bodies, fishes and their
associated life histories. Changes will be made after full public involvement.
Any revisions constitute changes to the Tribes’ water quality standards and
will be submitted to EPA for review and approval following adoption by the
Tribes.
4. The goal of the Tribes is that the surface waters of the Reservation will be free
from substances attributable to point source discharge, non-point source
discharge, or instream activities that produce adverse effects to human health
and safety, aquatic life, and federally listed threatened and endangered species
except as allowed for under Mixing Zones.
5. Best management practices shall be applied to activities generating nonpoint
source pollution such that water quality standards are not violated with best
management practices in place, the discharger shall modify existing practices
or apply further water pollution control measures selected or approved by the
Tribe. When applicable best management practices are not being implemented
the Tribe may conclude activities are causing pollution and issue orders,
directives, or sanctions to gain compliance.
404.2 Bacteria Standard
1. Upon adoption of the water quality standards, the Tribes will adopt the
Ambient Water Quality Criteria for Bacteria - 1986 and Recommended
National Water Quality Criteria.
Page 53
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
2. Numeric Criteria: Organisms of the coliform group commonly associated with
fecal sources (MPN or equivalent membrane filtration using a representative
number of samples) shall not exceed the criteria described below for
freshwaters:
a) 30 day log mean of 126 E. coli organisms per 100 ml, based on a
minimum of five (5) samples.
b) No single sample shall exceed 406 E. coli organisms per 100 ml.
3. Raw Sewage Prohibition: No sewage shall be discharged into or in any other
manner be allowed to enter the surface waters of the Reservation unless such
sewage has been treated in a manner approved by the Tribes or otherwise
allowed by these standards.
4. Animal Waste: Runoff contaminated with domesticated animal wastes shall
be minimized and treated to the maximum extent practicable before it is
allowed to enter the surface waters of the Reservation.
a) All livestock wastes shall be regulated pursuant to Section 14.065 of the
Tribes’ Environmental Health and Safety Code.
b) Section 14.070 of the Tribes’ Environmental Health and Safety Code will
apply to environmental degradation by livestock.
5. Confined animal feeding operations shall be regulated pursuant to the Tribes’
Land Development Code, the Tribes’ Environmental Health and Safety Code
and the NPDES program to ensure the water quality standards of this chapter
are attained and that potential adverse effects on water quality are minimized.
6. Bacteria pollution or other conditions deleterious to waters used for domestic
purposes, cultural or spiritual use, livestock watering, irrigation, bathing or
otherwise injurious to public health shall not be allowed.
404.3 Dissolved Oxygen
1. For waters identified by the Tribes in Table 4 as providing salmonid spawning
(see Tables 5 & 6 for indigenous and introduced species list), during the
periods from spawning until fry emergence from the gravels, listed in Table 7,
the following criteria apply:
a) The seven-day mean minimum dissolved oxygen shall not be less than
11.0 mg/l. However, if the minimum intergravel dissolved oxygen,
measured as a spatial median, is determined to be 8.0 mg/l or greater, then
the dissolved oxygen criteria is 9.0 mg/l (Table 2);
Page 54
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
b) Where conditions of barometric pressure, altitude, and temperature
preclude attainment of the 11.0 mg/l or 9.0 mg/l criteria, dissolved oxygen
levels shall not be less than 95 percent of saturation.
c) Periods of native salmonid spawning, egg incubation, and fry emergence
from the gravel are flow and temperature dependent and tend to vary with
elevation. If necessary, site specific dates for these periods may be
established by the Tribes after satisfaction of the Tribes’
intergovernmental coordination and public participation provisions.
Changes to Table 4, and Table 7 constitute changes to the water quality
standards regulations and will be submitted to EPA for review and
approval following adoption by the Tribes.
2. For water bodies identified in Table 4, as providing salmonid spawning during
the period from spawning until fry emergence from the gravels (Table 7), the
spatial median intergravel dissolved oxygen concentration shall not be less
than 6.0 mg/L. An intergravel dissolved oxygen level of 8.0 shall be used by
the Director to determine where the beneficial use of salmonid spawning, egg
incubation and fry emergence from the egg and from the gravel may be
impaired and require action by the Director.
3. For water bodies identified in Table 4 as providing cold-water aquatic life, the
dissolved oxygen shall not be less than 8.0 mg/L or 90% of saturation as an
absolute minimum.
4. For water bodies identified in Table 4 as providing cool-water aquatic life, the
dissolved oxygen shall not be less than 6.5 mg/L as an absolute minimum.
404.4 Temperature
1. No measurable surface water temperature increase resulting from
anthropogenic activities is allowed unless a management plan has been
reviewed and approved by the Tribes. The Tribes may allow short-term
modifications or variances according to Section 408and Section 409.
Variance standards will be set using the best available data and reviewed
every three years as part of the triennial review process. The plan will show
how the thermal load is (or will be) minimized and how the activity does not
(or will not) interfere with attainment of numeric criteria within the watershed
in question (See attached Table 4, and appropriate maps for locations). This
standard applies to the following:
a) In a water body where salmonid fish rearing (Table 4) is a designated
beneficial use, and in which surface water temperatures exceed 64.0o F
(17.8o C) (7day moving average of daily maximum value); or
b) In waters and periods of the year listed in Table 4 and Table 7 that support
salmonid spawning, egg incubation and fry emergence from the egg and
Page 55
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
from the gravels in a basin which exceeds 55.0o F (12.8oC) (7day moving
average of daily maximum value); or
c) In waters listed in Table 4 and Table 7 that support or maintain the
viability of bull trout when surface water temperatures exceed 50.0o F
(10.0o C) ) (7day moving average of daily maximum value); or
d) In stream segments containing federally listed Threatened and Endangered
species if the increase would impair the biological integrity of the
Threatened and Endangered population; or
e) In any surface waters of the Reservation when the dissolved oxygen levels
are within 0.5 mg/l or 10 percent saturation of the water column or
intergravel dissolved oxygen criterion for a given stream or subbasin;
2. Exceeding the numeric criteria identified in subparagraph (1) (a) through (c)
of this subsection will not be deemed a temperature standard exceedence if it
occurs when the air temperature during the warmest seven-day period of the
year exceeds the 90th percentile of the seven-day average daily maximum air
temperature calculated in a yearly series over the historic record (local
weather stations will be used to calculate air temperatures). All thermal
sources must continue to meet permit or management plan requirements.
3. Any person may petition the Tribes for a variance to subparagraph (1) (a
through e) of this subsection (in accordance with Section 409) for discharge
above the identified criteria if:
a) The person provides credible scientific information to describe how the
designated beneficial uses would not be adversely impacted;
b) The person is implementing all reasonable management practices or
measures; its activity will not significantly affect the beneficial uses; and
the environmental cost of treating the parameter to the level necessary to
assure full protection would outweigh the risk to the resource.
404.5 Turbidity (Nephelometric Turbidity Units, NTU)
1. Shall not be at a level to potentially impair designated beneficial uses or
aquatic biota.
2. More than a ten per cent cumulative increase in natural stream turbidities as
measured relative to a control point immediately upstream of any or all
turbidity causing activities will not be allowed.
3. Limited duration activities necessary to address an emergency or to
accommodate permitted dredging, construction or other legitimate
activities which cause the standard to be exceeded may be authorized if all
practicable turbidity control techniques have been applied and one of the
following has been granted.
Page 56
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
a) Emergency activities: approval by the Tribes under prescribed conditions
to accommodate a response to emergencies or to protect public health and
welfare.
b) Dredging, Construction or other Legitimate Activities: Permit or
certification authorized under Section 401 or 404 (Permits and Licenses,
Federal Water Pollution Control Act), and the Tribes’ Streamzone
Alteration Regulations with limitations and conditions governing the
activity set forth in the permit or certificate.
404.6 pH (hydrogen ion concentration):
pH values shall not fall outside the range of 9.0 units.
404.7 Total Dissolved Gas:
The concentration of total dissolved gas relative to atmospheric pressure at the
point of sample collection shall not exceed 110 percent of saturation, except when
stream flow exceeds the ten-year, seven-day average flood. However, for
hatchery receiving waters and waters of less than two feet in depth, the
concentration of total dissolved gas relative to atmospheric pressure at the point of
sample collection shall not exceed 105 percent of saturation.
404.8 Toxic Substances Criteria
Toxic substances criteria shall apply to surface waters of the Reservation and their
tributaries as identified in Table 4.
1. Toxic substances shall not be introduced into the surface waters of the
Reservation in amounts, concentrations or combinations which may singularly
or cumulatively adversely affect existing and designated beneficial water uses,
cause acute or chronic toxicity to the most sensitive biota and federally listed
threatened and endangered species dependent upon those waters, or adversely
affect public health and safety, as determined by the Director, except as
allowed for under Mixing Zones.
2. All surface waters of the Tribe shall at all places be free from any substance
which is carcinogenic, mutagenic, or teratogenic to human beings or to
significant, locally occurring wildlife or aquatic species.
3. Levels of toxic substances shall not exceed the criteria listed in Table 3.
Levels for substances not listed may also be established with consideration of
other relevant information as appropriate. Human health criteria were revised
using EPA’s latest methodology, Methodology for Deriving Ambient Water
Quality Criteria for the Protection of Human Health (EPA-822-B-00-004,
October 2000) using a fish consumption rate of 389 grams per day.
Page 57
CONFEDERATED TRIBES OF THE UMATILLA INDIAN RESERVATION
4. The criteria in paragraph (3) of this subsection shall apply unless data from
scientifically valid studies demonstrate that the most sensitive designated
beneficial uses will not be adversely affected by exceeding a criterion or that a
more restrictive criterion is warranted to protect designated beneficial uses, as
accepted by the Tribes on a site specific basis in accordance with Section 407.
after the Tribes’ intergovernmental coordination and pubic participation
process. Where no published EPA criteria exist for a toxic substance, public
health advisories and other published scientific literature may be considered
and used, if appropriate, to set guidance values.
5. Application of pesticides in or adjacent to Reservation surface waters must be
in strict compliance with the labeled directions for use of the pesticide and
other relevant requirements of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) and other Federal or Tribal laws that apply.
Pesticide application should target noxious species and must not impact the
structure or function of indigenous aquatic or wildlife communities.
6. Monitoring of toxic chemicals present in effluent shall be required of all
permitted dischargers who wish to discharge into tribal waters.
7. Within any allowed mixing zone there shall be no acute toxicity
This text is long and has been trimmed here. Open the source document for the complete record.
This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.