APRIL REGULAR SESSION 2015 CROW TRIBAL LEGISLATURE

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CLB No. 15-03

Introduced by Tribal Chairman Darrin Old Coyote

For and On Behalf of the Crow Tribal Executive Branch

A Bill for an Act Titled

THE CROW TRIBAL WATER CODE

Legislative Findings:

WHEREAS, Article V, Section 2(a) of the Crow Tribal Constitution vests the Crow Tribal

Legislature (hereinafter “Legislature’”) with the power and duty to promulgate and adopt laws,

resolutions, codes, ordinances, regulations and guidelines in accordance with the Crow

Constitution and federal law for the governance of the Crow Tribe and for licensing of members

and non-members for various purposes; and

WHEREAS, Article IV, Section 3(g) of the Crow Tribal Constitution vests the Crow Tribal

Executive Branch (hereinafter “Executive Branch”) with the power and responsibility, subject to

any limitations imposed upon such powers by the statutes and laws of the United states, to

enforce all laws, ordinances, resolutions, regulations, or guidelines providing for the licensing of

members and non-members for various purposes; and

WHEREAS, Article IV, Section 3(j) of the Crow Tribal constitution vests the Executive Branch

with the power and responsibility, subject to any limitations imposed upon such powers by the

statutes and laws of the United States, to protect and preserve the property and natural resources

of the Crow Tribe, including water, in accordance with ordinances adopted by the Legislature;

and

WHEREAS, Article IV, Section 4(a) of the Crow tribal constitution provides that the “general

duties” of the Executive Branch Officials shall include the duty to implement all laws,

resolutions, codes, and policies duly adopted by the Legislature; and

WHEREAS, the Montana Legislature in special session ratified the Water Rights Compact

Entered Into by the State of Montana, Crow Tribe, and United States of America (hereinafter

“Water Compact”) on June 22", 1999, and the United States in congress ratified the entire Water

Settlement on December 8"", 2010 in the overall Claims Resolution Act, and the Crow Tribal

General Council via referendum ratified the Crow Water Rights Settlement, including the Water

Compact on March 19", 2011; and

April Session 2015

Crow Tribal Water Code

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WHEREAS, Article VII(A)(1) provides that the Effective Date of the Water Compact shall be

the date when the State of Montana, Crow Tribe, and United States Congress have each ratified

the Water Compact, whichever date is latest; and

WHEREAS, Article IV(A)(2)(b)of the Water Compact provides that administration and

enforcement of the Crow Tribal Water Right shall be through the Crow Tribal Water Code

(hereinafter “Water Code’’) which shall be developed and adopted by the Crow tribe pursuant to

any requirements set forth in the Crow Tribal Constitution and which shall be adopted by the

Crow Tribe within two (2) years of the Effective Date of the Water Compact; and

WHEREAS, Section 407(f)(1) of the Crow Tribe Water Rights Settlement Act (hereinafter

“Settlement Act’) provides that notwithstanding the time period set forth in Article IV(A)(2)(b)

of the Water Compact, not later than three (3) years after the date on which the Crow Tribe

ratifies the Water Compact, the Crow Tribe shall enact the Water Code, which must provide for

the management, regulation, and governance of all uses of Crow tribal water rights and the

establishment by the Crow Tribe of conditions, permit requirements, and other limitations

relating to the storage, recovery, and use of the Crow tribal water rights in accordance with the

Water Compact; and

WHEREAS, Section 407(f)(2) of the Settlement Act provides that the Water Code must include

language which establishes as Crow tribal law that Crow tribal allocations of water to allottees

shall be satisfied with water from the Crow tribal water rights; that charges for delivery of water

for irrigation purposes for allottees shall be assessed on a just and equitable basis; that there is a

process by which an allottee may request that the Crow Tribe provide water for irrigation use in

accordance with the Settlement Act; that there is a due process system for the consideration and

determination by the Crow tribe of any request by an allottee, or any successor in interest to an

allottee, for an allocation of such water for irrigation purposes on allotted land, including a

process for appeal and adjudication of any denied or disputed distribution of water; and a process

for resolution of any contested administrative decision; that there is a requirement that any

allottee with a claim relating to the enforcement of rights of the allottee under the Water Code

relating to the amount of water allocated to land of the allottee must first exhaust remedies

available to the allottee under Crow tribal law, including the Water Code, before initiating an

action against the United States or petitioning the Secretary of Interior pursuant to Section 407(d)

of the Settlement Act; and

WHEREAS, Section 407(f)(3)(B) of the Settlement Act provides that the Water Code shall not

be valid unless the provisions required by Section 407(f)(2) of the Settlement Act are approved

by the Secretary of the Interior; and

WHEREAS, Section 407(f)(3)(c) of the Settlement Act provides that the Secretary of the

Interior shall approve or disapprove the Water Code within a reasonable period of time after the

date on which the Crow Tribe submits it to the Secretary.

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Crow Tribal Water Code

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NOW, THEREFORE, BE IT HEREBY ENACTED AS CROW TRIBAL LAW BY THE

CROW TRIBAL LEGISLATURE IN REGULAR SESSION:

Section 1. Codification Instructions. The attached and incorporated as if stated herein “Crow

Tribal Water Code: shall be made Title 25 of the Crow Law and Order Code.

Section 2. Effective Date. The Crow tribal Water Code shall become effective as a matter of

Crow tribal law immediately upon being duly adopted by the Crow Tribal Legislature and

approved by the Chairman of the Executive Branch, or in accordance with the veto override

process established by the Crow Tribal Constitution and CLB 06-98. Provided that, all such

provisions of the Crow Tribal Water Code which require review and approval by the Secretary of

the Interior shall become effective upon such approval in accordance with federal law.

Section 3. Submittal of Water Code to Interior Department. Upon the effective date of this

Act, the Secretary of the Executive Branch shall immediately submit a certified and complete

copy of the Crow Tribal Water Code to the Secretary of the Interior in Washington, D.C.

[Remainder of page left blank intentionally]

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Crow Tribal Water Code

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CERTIFICATION

I hereby certify that THE CROW TRIBAL WATER CODE, was duly adopted by the Crow

Tribal Legislature with a vote of _12_ in favor, _2 opposed, and _0_ abstained and that a

quorum was present on this 20 day of April, 2015.

St PALER

Sen. R. Knute Old Crow, Sr

Speaker of the House

Crow Tribal Legislature

ATTEST:

A a

Sen. Conrad /A&tewart

Secretary Pro Tem

Crow Tribal Legislature

Ferry ayn yy’

EXECUTIVE ACTION

I hereby:

/ S approve

veto

THE CROW TRIBAL WATER CODE, pursuant to the authority vested in the Chairman of

the Crow Tribe by Article V, Section 8 of the Constitution and Bylaws of the Crow Tribe of

Indians on this day of » 2015.

SW,

SA Darrin O

Crow Tribal Eneoutive Ponch

April Session 2015

Crow Tribal Water Code

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A BILL FOR AN ACT TITLED: “THE CROW TRIBAL WATER CODE”

Bill or Resolution: CLB15-03 Introduced by: Chairman Darrin Old Coyote Date of Vote:_4/22/2015

Number

Representative:

G. Three Irons

B. Rogers

P. Hill

E. Birdinground

A.Coyote-Runs, Sr.

V. Nomee

T. Gros Ventre

P. Alden, Jr.

V. Crooked Arm

P. Spotted Horse, Sr.

L. DeCrane

C. Goes Ahead

B. Hugs

G. Real Bird, Jr.

B. Good Luck

G. Stewart

C. Stewart

Secretary Pro-Tem

R. Old Crow, Sr.

Speaker of the House

Totals:

Result of Vote:

Yes No

Abstained

x |X [PX px

12 2

Passed Not Passed

Tabled Veto-Override

AZADA Yael foun!) GEA of

Senator R. Knute Old Crow, Sr. (Date

Speaker of the House

Senator Contdd J. Stewart Date

Secretary Pro-Tem

Crow Tribal Water Code

Passed by Legislature

04/22/2015

CROW LAW AND ORDER CODE

TITLE 25

CROW TRIBAL WATER CODE

TABLE OF CONTENTS

Chapter 1: GENERAL PROVISIONS

Sec.

Chapter 2:

Sec.

101.

102.

103.

104.

105.

106.

107.

108.

109.

Short Title

Statement of Authority

Statement of Intent

Nature of Tribal Water Right

Definitions

Severability

Amendments to Water Code

Stream Flow and Lake Level Management Plans

Tribal Water Rights not Affected by Water Rights Outside of Montana

CROW TRIBAL WATER RESOURCES DEPARTMENT

101.

102.

103.

104.

105.

106.

107.

108.

109.

110.

Authorization, Scope of Authority

Cabinet Head

Director

Department Administrative Duties.

Department Rule-Making Authorities.

Registry of Tribal Water Uses and Users

Intergovernmental Agreements

Annual Budget

Reports to Executive Branch Officials

Quarterly Reports to Legislature

Chapter 3. CROW TRIBAL WATER RESOURCES COMMISSION

Sec.

101.

102.

103.

104.

105.

106.

107.

108.

Creation of Water Resources Commission

Composition of the Commission, Appointment and Term

Qualifications of Commission Members

Oath of Office

Compensation of Commission Members

Suspension and Removal of Commission Members

Disqualification of Commission Member in Particular Cases

Rules and Regulations

Chapter 4: TRIBAL WATER PERMITS

2(Crow

Sec.

101.

102.

103.

104.

105.

Surface, Groundwater, and Storage Permits

Permit Required, Content

Application for Permit or Change in Appropriation Right

Exceptions to Permit Requirements

Notice of Application for Permit or Change in Appropriation Right

Sec

Sec.

Chapter 5:

Sec.

Chapter 6:

Sec

Sec.

. 106. Objections

107. Hearings on Objections

108. Action on Application for Permit or Change in Appropriation Right

109. Criteria for Issuance of Permit

110. Terms of Permit

111. Allocation of Water to Allottees

112. Changes in Use and Transfer of Water Rights

HEARINGS

101. Scheduling of Hearing on Application

102. Public Notice of Permit Hearing

103. Comments on Applications

104. Service List

105. Interim Authorization to Use Water

106. Public Hearing on Permit Applications

107. Consolidation of Hearing

108. Standards for Granting Permits

109. Decision

110. Finality of Decision

111. Appeal

REVOCATION OF WATER USE PERMITS

. 101. Reasons for Revocation

. 102. Procedure for Revocation Hearing.

Chapter 7: PRIORITY OF TRIBAL USES IN TIMES OF SHORTAGE AND

RESOLUTION OF DISPUTES AMONG USERS OF TRIBAL WATER RIGHT

Sec.

Chapter 8:

Sec.

Chapter 9:

Sec.

3|Cr

101. Preferences of Uses by Purpose of Use

102. Reduction of Use in Times of Shortage

103. Proceedings to Determine that a Reduction in Use is Necessary

104. Resolution of Disputes among Tribal Water Users

GROUNDWATER

101. Tribal Water Right

102. Groundwater Permits

103. Rules and Regulations

LEASES OF CROW TRIBAL WATER

101. Purposes of Water Lease

102. Administrative Leases Authorized

103. Final Approval by Legislature, When Required

bal Water Code

Chapter 10: CROW TRIBE-MONTANA WATER COMPACT BOARD

Sec. 101. Qualifications, Conflict of Interest

Sec. 102. Terms of Appointment

Sec. 103. Appointment Authority

Sec. 104. Removal by Legislature.

Chapter 11: ADMINISTRATION OF CROW IRRIGATION PROJECT

Sec. 101. Bureau of Indian Affairs to Administer, Operate, and Maintain CIP

Chapter 12: ADMINISTRATION OF MUNICIPAL, RURAL, AND INDUSTRIAL

WATER SYSTEM

Sec. 101. Establishment of Crow Tribe Rural, Municipal, and Industrial Water

System

Sec. 102. Rules and Regulations

Sec. 103. Commission Duties

Chapter 13: JUDICIAL REVIEW

Sec. 101. Jurisdiction

Sec. 102. Notice of Appeal

Sec. 103. Appeal Procedures

Sec. 104. Costs and Attorney’s Fees

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CHAPTER 1: GENERAL PROVISIONS

25-1-101. Short Title.

25-1-102. Statement of Authority.

25-1-103. Statement of Intent.

25-1-104. Nature of Tribal Water Right.

25-1-105. Definitions.

25-1-106. Severability.

25-1-107. Amendments to Water Code.

25-1-108. Stream Flow and Lake Level Management Plan.

25-1-109. Tribal Water Rights Not Affected by Water Rights Outside of Montana

25-1-101. Short Title. This title may be referred to as the “Crow Tribal Water Code” or any

short form derived therein.

25-1-102. Statement of Authority. The Crow Tribal Water Code is enacted pursuant to the

Water Rights Compact Entered Into by the State of Montana, Crow Tribe, and United States of

America; the Crow Tribe Water Rights Settlement Act of 2010, the 1993 American Indian

Agricultural Resource Management Act, and the inherent sovereign authority of the Crow Tribe

of Indians, as acknowledged by the Treaty with the Crow Tribe of August 4, 1825 and the Fort

Laramie Treaties of September 17, 1851 and May 7, 1868. The Crow Tribal Legislative Branch

of Government, pursuant to the tribal law-making authority delegated from the Crow Tribal

General Council through Article V of the 2001 Crow Tribal Constitution to promulgate and

adopt codes in accordance with federal law, does hereby enact and establish the Crow Tribal

Water Code for the regulation and administration of all uses of the Crow tribal water right.

25-1-103. Statement of Intent. The intent of the Legislature is to establish a just, fair, and

equitable process by which the Crow Tribal Government may issue and regulate all uses of the

Crow Tribal Water Right and to ensure the highest level of due process protections for triballyregulated water users. The intent of the Legislature is to encourage water conservation and

responsible water usage while ensuring full protections of the rights of landowners to a fair

distribution of tribal water for beneficial uses. The Crow Tribal Water Resources Department

was created, in part, to assure that the Water Code is administered and enforced in compliance

with the provisions of the Settlement Act and the Water Compact.

25-1-104. Nature of Tribal Water Right. Pursuant to the May 7, 1868, Treaty and the Crow

Tribe’s senior priority date, all natural and local waters arising upon, collected from, flowing

through, and otherwise found within or upon the Crow Reservation are and shall remain under

the ownership of the Crow Tribe and held in trust by the United States. The quantification of the

Tribal Water Right shall be as provided for in the Water Compact. All Water Rights recognized

under State law as of June 22, 1999, shall be considered fully licensed and lawful unless as

otherwise provided for in the Water Compact.

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25-1-105. Definitions. Definitions in the Water Compact and the Water Rights Settlement Act

are incorporated into this Water Code by reference. If definitions of terms in this Water Code

are in conflict with definitions in the Water Compact or the Settlement Act, the definitions in the

Compact and the Settlement Act shall apply.

“Allottees” means any individual who holds a beneficial real property interest in an allotment of

Indian land that is (A) located within the Reservation or ceded strip; and (B) held in trust by the

United States.

“Allottee Water Right” means the historical right to beneficial uses of water by a person who

holds a real property interest in an Indian allotment that is located on allotted trust lands within

the Crow Reservation and the Ceded Strip.

“Beneficial Use” means a use of water for the benefit of the appropriator, other persons, or the

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

wildlife, industrial, irrigation, mining, power generation, cultural and spiritual, and recreational

uses.

“Cabinet Head” means the Cabinet Head of the Crow Tribal Water Resources Department.

“Commission” means the Crow Tribal Water Commission, as established by this Water Code.

“Crow Reservation” or “Reservation” means the Crow Indian Reservation as depicted in

Appendix 4 to the Water Compact, including all tribal lands and mineral resources in the 1904

Ceded Strip and such other lands as may be designated by future Congressional Act as part of the

Crow Indian Reservation.

“Crow Tribal Constitution” means the 2001 Constitution and Bylaws of the Crow Tribe of

Indians.

“Crow Tribe” means the Crow Tribe of Indians (also known as the “Apsaalooke Nation”), a

federally recognized Indian tribe.

“Department” means the Crow Tribal Water Resources Department.

“Director” means the Director of the Crow Tribal Water Resources Department.

“Executive Branch” means the Crow Tribal Executive Branch of Government and its officers.

“General Council” means the Crow Tribal General Council, as defined in Article I of the Crow

Tribal Constitution.

“Ground water” means any water that is beneath the ground surface.

“Judicial Branch” means the Crow Tribal Judicial Branch of Government with such courts as

provided for in the Crow Law and Order Code.

6|Crow Tribal Water Co

“Legislature” means the Crow Tribal Legislative Branch of Government.

“Settlement Act” means Title IV of the Claims Resolution Act of 2010, the “Crow Tribe Water

Rights Settlement Act of 2010,” Public Law 111-291.

“Tribal Chairman” means the Chairman of the Crow Tribal Executive Branch of Government.

“Water Code” means the Crow Tribal Water Code.

“Water Compact” means the Water Rights Compact Entered Into by the State of Montana, Crow

Tribe, and United States of America codified at the Montana Code Annotated 85-20-901.

“Water Compact Board” means the Crow-Montana Water Compact Board as established by

Article IV (F) (1) of the Water Compact.

25-1-106. Severability. In the event the Judicial Branch finds and declares any provision of the

Water Code to be inconsistent with the Crow Tribal Constitution, the remainder of the Water

Code shall remain in full force and effect so long as severing the unconstitutional portion does

not render unjust or impractical the enforceability and applicability of the remainder of the Water

Code. Provided that, the Judicial Branch must specifically explain in a written order which

provision of the Water Code is inconsistent with the Crow Tribal Constitution and which

constitutional provisions are specifically violated and, to the extent feasible, what remedial

measures the Crow Tribe may take to correct the constitutional issue.

25-1-107. Amendments to Water Code. The Water Code may be amended by legislative act of

the Legislature or General Council, in accordance with any and all procedural requirements

provided for in the Crow Tribal Constitution. As provided for in the Settlement Act, any such

amendments shall only take effect upon being reviewed and approved by the Secretary of the

Interior, or designee, in accordance with federal law.

25-1-108. Stream Flow and Lake Level Management Plan. The Water Code is subject to the

provisions of the Bighorn River and Bighorn Lake Stream Flow and Lake Level Management

Plan dated June 16, 2000. Tribal approval of modifications to the Bighorn River and Bighorn

Lake Stream Flow and Lake Level Management Plan will be in accordance with established

Tribal law.

25-1-109. Tribal Water Rights Not Affected by Water Rights Outside of Montana. Nothing

in the Water Compact shall be construed as subordinating any future development of the Tribal

Water Right to being junior in priority to any water rights held by any persons or entities outside

of the State of Montana, including but not limited to Indian tribes or individual Indians.

CHAPTER 2: CROW TRIBAL WATER RESOURCES DEPARTMENT

25-2-101. Authorization, Scope of Authority.

25-2-102. Cabinet Head.

7|Crow Tribal Water Code

25-2-103. Director.

25-2-104. Department Administrative Duties.

25-2-105. Department Rule-Making Authorities.

25-2-106. Registry of Tribal Water Uses and Users.

25-2-107. Intergovernmental Agreements.

25-2-108. Annual Budget.

25-2-109. Reports to Executive Branch Officials.

25-2-110. Quarterly Reports to Legislature.

25-2-101. Authorization, Scope of Authority. The Crow Tribal Water Resources Department

(“Department”) shall be an administrative, cabinet department of the Executive Branch under the

supervision and direction of the Executive Branch. The Department shall be headed by a

Director, as provided in Section 103 below. The Department shall exercise the fullest amount of

independence consistent with the Crow Tribal Constitution.

25-2-102. Cabinet Head. The Cabinet Head shall provide policy guidance to the Department to

meet goals and objectives of the Executive Branch. The Cabinet Head shall be appointed by the

Tribal Chairman in accordance with Joint Action Resolution 02-04 and shall be required to have

a combination of education and experience sufficient to capably administer the Department.

Removal of the Cabinet Head shall be at the discretion of the Tribal Chairman.

25-2-103. Director. The Director of the Department shall be a salaried, full-time employee of

the Executive Branch of the Crow Tribe and shall be required to have a combination of education

and experience sufficient to capably administer the Department. Appointment and removal of the

Director shall be in accordance with Crow Tribal personnel policy. The Director shall

administer the activities of the Department including day to day operations of the Department,

issuing water permits, overseeing design and construction of the rehabilitation and betterment of

the Crow Irrigation Project and the Crow Municipal, Rural and Industrial Project authorized by

the Settlement Act, and responsibilities assigned under the Settlement Act and the Water Rights

Compact. The Director may delegate any element of his authority, in a signed writing, to any

officer of the Department.

25-2-104. Department Administrative Duties. The Department shall:

(1) Enforce and administer this chapter and rules adopted under 25-2-105;

(2) Prescribe procedures, forms, and requirements for applications, permits, certificates,

claims of existing rights, and proceedings under this Water Code and prescribe the

information to be contained in any application, claim of existing right, or other document

to be filed with the Department under this Water Code;

(3) Establish and keep in its office a centralized record system of all existing rights and a

public record of permits, certificates, claims of existing rights, applications, and other

documents filed in its office under this chapter;

8|Crow Tribal Water Code

(4) Cooperate with, assist, advise, and coordinate plans and activities with the federal, state,

and local agencies in matters relating to this chapter; and

(5) The Department, acting through the Director, is authorized to order immediate corrective

actions in the event that the use or development of water poses an eminent threat to life,

safety, or property or is otherwise in violation of law.

25-2-105. Department Rule-Making Authorities.

9 |<

(1) Fees. The Department may prescribe fees or service charges for any public service

rendered by the Department under this Water Code, including application filing fees,

permit or certificate issuance costs, administrative hearing costs, permit revocation

investigation costs, for field verification of issued and completed permits, and for any

permit changes. Use of all fees and charges are subject to 25-2-108.

(2) Rule Making. The Department shall establish fair and equitable rules, regulations, and

procedures necessary for the efficient administration and enforcement of the Water Code.

These rules may include but are not limited to:

(a) Govern the issuance, conditions, and terms of permits under this Water Code;

(b) Require the owner or operator of appropriation facilities to install and

maintain suitable controlling and measuring devices;

Department the readings of measuring devices at reasonable intervals and to

file reports on appropriations;

(d) Regulate the construction, use, and sealing of wells to prevent waste,

contamination, or pollution of ground water;

(e) Govern temporary emergency appropriations, without prior application for a

permit, necessary to protect life or property;

(f) Enforce the terms and conditions of permits issued by the Department;

(g) Prohibit unauthorized use, waste, and contamination of Crow Tribal water;

(h) Prohibit or limit use of water likely to cause damage to the property of others;

and

(i) Identify and protect pre-1999 historic uses.

(3) Public Notice and Approval. The Department, in coordination with the Legislature, shall

allow for public participation and comment in the rulemaking process. All administrative

tules shall be published with adequate public notice under written Executive Branch

policy as a proposed rule at least thirty (30) days prior to taking effect. The Secretary of

the Legislature shall be served with a copy simultaneous with public notice. All rules and

regulations promulgated by the Department shall be referred to the Legislature for

approval or disapproval. If the legislature does not approve or disapprove the rules and

regulations as promulgated will become effective thirty (30) days after the proposed rule

has been published.

25-2-106. Registry of Tribal Water Uses and Users. The Director shall keep a registry of all

beneficial uses and users of the Tribal Water Right, including new development, changes in use,

and transfers. It shall be updated at least on an annual basis. The registry shall be a public

document and made available by the Director for inspection and copy at a reasonable fee to any

person. The Director shall provide a full copy to the Tribal Secretary, Secretary of the

Legislature, Chairman of the Infrastructure Committee of the Legislature, and the Director of the

Montana Department of Natural Resources and Conservation, or its successor agency, at such

time as it is updated. The Director shall prepare and submit an annual report to the Montana

Department of Natural Resources Department and the Bureau of Indian Affairs, Rocky Mountain

Regional Office, as provided in the Water Compact.

25-2-107. Intergovernmental Agreements. The Director may enter into written agreements

with federal, state, local, and tribal entities for the exclusive purpose of implementing and

enforcing the Water Compact and Water Code consistent with the Constitution of the Crow Tribe

of Indians 2001. Such agreements shall not expand the authority of the Director or disparage

any users of the Tribal Water Right. An Agreement shall be provided to the Executive Branch

and the Legislature immediately upon its effectiveness and shall be considered public

documents. Provided, finally, the Director is not authorized to waive Crow tribal sovereign

immunity.

25-2-108. Annual Budget. The Director shall prepare an annual budget for the Department. The

annual budget shall be submitted within a scheduled time period to the Executive Branch for

submittal to the Legislature for final approval.

25-2-109. Reports to Executive Branch. The Director shall prepare and submit monthly

department progress reports to the Tribal Chief Executive Officer. Monthly progress reports will

be provided to the Executive Branch by the Chief Executive Officer as required by established

Executive Branch policy.

25-2-110. Quarterly Reports to Legislature. The Director shall prepare and submit quarterly

reports for the Department to the Executive Branch. The Executive Branch shall submit and

present the quarterly reports to the Legislature during its regular scheduled Quarterly Sessions.

CHAPTER 3: WATER RESOURCES COMMISSION

25-3-101. Creation of Water Resources Commission.

25-3-102. Composition of the Commission, Appointment and Term.

25-3-103. Qualifications of Commission Members.

25-3-104. Oath of Office.

25-3-105. Compensation of Commission Members.

25-3-106. Suspension and Removal of Commission Members.

25-3-107. Disqualification of Commission Member in Particular Cases.

25-3-108. Rules and Regulations.

25-3-101. Creation of Water Resources Commission. There is hereby established the Crow

Tribal Water Resources Commission. Commission members shall attend programs for training

|Crow Tribal Water Code

about the Compact, this Water Code and water resources as the Tribal Chairman requires

pursuant to 25-2-105. The scope of the Commission’s authority is to resolve disputes concerning

use of the Tribal Water Right including but not limited to disputes concerning the fair and

equitable distribution of water through the Crow Municipal, Rural and Industrial Water System

and the Crow Irrigation Project. The Commission will be an impartial body with appeal

authority over disputed issuance of permits and revocations by the Department. The

Commission shall make findings of fact and rulings which are final for the Department.

25-3-102. Composition of the Commission, Appointment and Term. The Commission shall

consist of seven (7) members, one from each of the Crow Reservation Districts and one at-large

member, appointed for a term of three (3) years each by the Tribal Chairman provided that the

initial Commission shall have three (3) members serving for a term of three (3) years, two (2)

members serving for a term of two (2) years, and two (2) members serving a term of (1) year,

such initial terms as designated by the Tribal Chairman. The Commission shall include at least

two (2) landowners on the Crow Reservation or 1904 Ceded Strip. The Commission shall by

majority vote designate which member shall serve as Chairman. A quorum shall consist of three

(3) members and the Chairman of the Commission.

25-3-103. Qualifications of Commission Members. To be eligible to hold the office of

Commission member, a person:

(1) must be at least thirty (30) years of age;

(2) must have at least a bachelor degree from an accredited college with one (1) year of

relevant land or water experience; an associate degree from an accredited college with

three (3) years of relevant land or water experience; or a high school diploma/GED with

five (5) years of relevant land or water experience;

(3) must be of high moral character and integrity;

(4) must have no criminal felony convictions;

(5) must take training to be knowledgeable about the Water Compact and the provisions of

this Water Code;

(6) must be physically able to carry out the duties of the office;

(7) must be a Crow Tribal Member; and,

(8) may not be a current elected official of the Legislature, Executive Branch or the Judicial

Branch.

25-3-104. Oath of Office. On taking office, each member of the Commission shall take an oath

as follows:

W|Crow Tribal Water Code

“Tl , do solemnly swear that I will administer justice without respect to

persons and will frily, faithfully and impartially discharge and perform all the duties

incumbent upon me as a member of the Water Resources Commission according to the

best of my abilities and understanding. So help me God.”

25-3-105. Compensation of Commission Members. The compensation for Commission

members shall be fixed by the Executive Branch consistent with other tribal boards and

commissions. The rates of compensation may not be decreased during a member’s term of

office. Commission members shall receive compensation only for those days they sit as

members of the Commission, including meetings they are required to attend as member of the

Commission. Compensation and expenses of Commissioners will be paid out of the

Department’s budget referenced in 25-2-108.

25-3-106. Suspension and Removal of Commission Members.

(1) Upon written charges of specific misconduct in office or permanent physical or medical

disability to carry out the duties of office, the Chief Executive Officer of the Crow Tribe

Executive Branch may initiate proceedings to remove the Chairman or any other member

of the Commission from office. “Misconduct”, as used in this Section, shall mean:

(a) conviction of a felony;

(b) abusive or incompetent performance of duties in office, or repeated failure to

perform the duties of office;

(d) violations of confidentiality.

(2) All charges shall be in writing and served on the Commission member personally, or by

certified or registered mail return receipt requested, not less than ten (10) days prior to the

date of hearing before the Crow Tribal Employment Rights (TERO) Commission on the

charges. A member proposed to be removed shall be given an opportunity to answer by

written and oral presentation before the Crow TERO Commission. The TERO

Commission shall create a record of all proceedings and provide that record to a Board

consisting of the Chief Executive Officer of the Crow Tribe Executive Branch, the Chair

of the Natural Resource Committee of the Crow Tribal Legislative Branch, and a third

person mutually selected by the two other Board members. The Board will decide

whether or not to remove the Crow Tribal Water Resources Commission member. The

decision of the Board shall be final.

25-3-107. Disqualification of Commission Member in Particular Cases. A member of the

Commission shall recuse himself or herself in any proceeding in which:

(1) his or her impartiality might reasonably be questioned;

(2) he or she has any personal bias or prejudice concerning any party;

12|Crow Tribal Water Cod

(3) he or she or a member of his or her immediate family might be a witness or has any

personal knowledge of disputed evidentiary facts concerning the proceeding;

(4) he or she or any member of his or her immediate family is a party or has any financial or

other interest in the proceeding, has acted or is acting as an attorney in the proceeding; or

(5) he or she might otherwise appear to be biased or prejudiced.

25-3-108.

Rules and Regulations. The Commission will promulgate rules for how the

Commission operates, including rules for the conduct of hearings and the appeal process.

CHAPTER 4: TRIBAL WATER PERMITS

25-4-101.

25-4-102.

25-4-103.

25-4-104.

25-4-105.

25-4-106.

25-4-107.

25-4-108.

25-4-109.

25-4-110.

25-4-111.

25-4-112.

25-4-101.

Surface, Groundwater, and Storage Permits.

Permits Required, Content.

Application for Permit or Change in Appropriation Right.

Exceptions to Permit Requirements.

Notice of Application for Permit or Change in Appropriation Right.

Objections.

Hearings on Objections.

Action on Application for Permit or Change in Appropriation Right.

Criteria for Issuance of Permit.

Terms of Permit.

Allocation of Water to Allottees.

Changes in Use and Transfer of Water Rights.

Surface, Groundwater, and Storage Permits. A permit shall be required for new

uses and development of surface water, groundwater, or storage of the Tribal Water Right.

25-4-102.

Permits Required, Content.

(1) All new uses, changes in use, and transfer of water rights of the Tribal Water Right shall

be in accordance with water use permits issued by the Director, except as specifically

provided for in the Water Compact or the Water Code. The Tribal Water Right may be

used by agencies or instrumentalities of the Crow Tribe, Tribal Members, municipalities,

schools, non-tribal entities, or other persons authorized by the Department, provided that

the Department may not limit or deprive any Indians owning land held in trust by the

United States on the Crow Reservation of any right, pursuant to 25 U.S.C. 381 and the

Settlement Act, to a just and equitable portion of the Tribal Water Right for irrigation

purposes. Tribal water use permits shall state with sufficient specificity each of the

following:

13 | (

(a) holder of the right,

(b) source of the water, including whether the water is to be delivered through the

Crow Irrigation Project, MR&I System, or other means,

Tribal Water Code

(d) quantified amount of water available,

(e) flow rate in cubic feet per second for surface water and gallons per minute for

groundwater wells and volume in acre feet,

(f) period of use,

(g) type(s) of beneficial use,

(h) priority date,

(i) distinction between judicially decreed water rights and permitted water rights

(if applicable),

(j) any restrictions on the transfer in use of such water,

(k) the duration of the permit, and

(1) such other information as may be deemed necessary by the Director.

(2) Religious or cultural uses of the Tribal Water Right by Tribal Members on the Crow

Reservation in de minimis amounts as referenced in Article III.G.2 (a) of the Water

Compact shall not require any permit.

(3) The Director shall create applications for permits to the use of the Tribal Water Right and

make such permits readily available to the public.

25-4-103. Application for Permit or Change in Appropriation Right.

(1) Except as provided in 25-4-102 and 25-4-104, a person may not appropriate water or

commence construction of diversion, impoundment, withdrawal, or related distribution

works unless the person applies for and receives a permit or an authorization for a change

in appropriation right from the Department.

(2) The Department shall adopt rules that are necessary to determine whether an application

is correct and complete, based on the provisions applicable to issuance of a permit under

this part or a change in appropriation right pursuant to 25-4-110. The rules must be

adopted in compliance with 25-2-105.

(3) The application must be made on a form prescribed by the Department. The Department

shall make the forms available through its office.

(4) The applicant shall submit a correct and complete application. The determination of

whether an application is correct and complete must be based on rules adopted under

subsection (2) that are in effect at the time the application is submitted.

(5) The Department shall notify the applicant of any defects in an application within thirty

(30) days. The defects must be identified by reference to the rules adopted under

subsection (2). Ifthe Department does not notify the applicant of any defects within

thirty (30) days, the application must be treated as a correct and complete application.

(6) An application does not lose priority of filing because of defects if the application is

corrected or completed within thirty (30) days of the date of notification of the defects.

The Department may extend the time period for correcting or completing a defective

14(Crow Tribal Water |

permit application up to a maximum of sixty (60) days. Ifthe application is corrected

within the time period set forth in this subsection, the priority date of the application is

the original filing date of the application is made correct and complete.

(7) An application not corrected or completed within sixty (60) days from the date of

notification of the defects is terminated.

25-4-104. Exceptions to Permit Requirements. No permit will be required for exempt water

uses as identified in Article HI.G.2.a of the Water Compact.

(1) A permit is not required before appropriating groundwater by means of a well or

developed spring:

(a) when the appropriation is made by a local governmental fire agency and the

appropriation is used only for emergency fire protection, which may include

enclosed storage; or

(b) when in accordance with rules and regulations promulgated by the

Department under 25-2-105.

(2) A permit is not required before constructing an impoundment or pit and appropriating

water for use by livestock if:

(a) the maximum capacity of the impoundment or pit is less than fifteen (15)

acre-feet and the appropriation is less than thirty (30) acre-feet a year;

(b) the appropriation is from a source other than a perennial flowing stream; and

parcel of land that is owned or under the control of the applicant and that is

forty (40) acres or larger.

25-4-105. Notice of Application for Permit or Change in Appropriation Right.

(1) Upon receipt of an application for a permit or a change in appropriation right, the

Department shall publish notice of receipt of the application on the Department’s website

within thirty (30) days of receipt.

(2) Within sixty (60) days of the receipt of a correct and complete application for a permit or

change in appropriation right, the Department:

(a) may meet informally with the applicant, the persons listed in subsection

(3) (b), and persons who may claim standing pursuant to 25-4-106 to discuss

the application;

(b) shall make a written preliminary determination as to whether or not the

application satisfies the applicable criteria for issuance of a permit or change

in appropriation right; and

applicable criteria for issuance of a permit or change in appropriation right.

|Crow Tribal Water Code

(3) If the preliminary determination proposes to grant an application, the Department shall,

within sixty (60) days of receipt of a correct and complete application for a permit or

change in appropriation, prepare a notice containing the facts pertinent to the application,

including the summary of the preliminary determination and any conditions, and shall

publish the notice on its website and once in a newspaper of general circulation in the

area of the source and post the notice in the post office closest to the area of the source.

(a) Ifthe preliminary determination proposes to deny an application, the process

provided in 25-4-108 must be followed.

(b) Before the date of publication, the Department shall also serve the notice by

first-class mail upon an appropriator of water or applicant for or holder of a

permit who, according to the records of the Department, may be affected by

the proposed appropriation.

(4) The notice must state that by a date set by the department, not less than fifteen (15) days

or more than sixty (60) days after the date of publication, persons may file with the

Department written objections to the application.

(5) The requirements of subsection (2) (a) and (3) (b) do not apply if the Department finds,

on the basis of information reasonably available to it, that the appropriation as proposed

in the application will not adversely affect the rights of other persons.

25-4-106. Objections.

(1) An objection to an application under this chapter must be filed within sixty (60) days of

the date a notice is published by the Department under 25-4-105. The objection to an

application for a permit must state the name and address of the objector and facts

supporting the basis for the objection.

(2) A person or entity, including the Crow Tribe, has standing to file an objection under this

section if the property or water rights of the objector on the Reservation and Ceded Strip

would be adversely affected by the proposed appropriation.

(3) An objector to an application under this chapter shall file a correct and complete

objection on a form prescribed by the Department within the time period stated on the

public notice associated with the application. The Department shall adopt rules in

accordance with this chapter delineating the components of a correct and complete

objection which will include the name of the applicant whose application is objected to, a

description of the water use objected to, a short and plain statement of reasons why a

permit should not be issued or should issue in a form different from that applied for, and

any suggested conditions or other provisions which should be included in any permit

granted. The Department shall notify the objector of any defects in an objection. An

objection not corrected or completed within fifteen (15) days from the date of notification

of the defects is terminated.

16[Crow Tribal Water Code

(4) An objection is valid if the objector has standing pursuant to subsection (2), has filed a

correct and complete objection within the prescribed time period, and has stated the

applicable information required under this section and rules of the Department.

25-4-107. Hearings on Objections. The Department shall refer the objection to the Commission

within thirty (30) days of receipt of the objection for a hearing under Chapters 3 and 5.

25-4-108. Action on Application for Permit or Change in Appropriation Right.

(1) If the Department proposes to deny an application for a permit or a change in

appropriation right, unless the applicant withdraws the application, the Department shall

refer the matter to the Commission for a hearing under Chapters 3 and 5.

(2) If valid objections are not received on an application or if valid objections are

unconditionally withdrawn and the Department preliminarily determined to grant the

permit or change in appropriation right, the Department shall grant the permit or change

in appropriation right as proposed in the preliminary determination pursuant to 25-4-105.

(3) If valid objections to an application are received and withdrawn with conditions

stipulated with the applicant and the Department preliminarily determined to grant the

permit or change in appropriation right, the Department shall grant the permit or change

in appropriation right subject to conditions as necessary to satisfy applicable criteria.

(4) The Department shall deny or grant with or without conditions an appropriation right

within 90 days after the administrative record is closed.

(5) Ifthe Department proposes to grant a permit or change in appropriation right in modified

form, the applicant must be given an opportunity to be heard. The addition of conditions

or changes to conditions required for approval does not constitute a modification of the

application;

(6) The Department shall serve notice of a preliminary determination to grant a permit or

change in appropriation right in a modified form by first-class mail upon the applicant.

The notice shall inform that the applicant may obtain a hearing before the Commission to

show cause by a preponderance of the evidence as to why the permit or change in

appropriation right should not be preliminarily determined to be granted in the modified

form, by filing a request within thirty (30) days after the notice is postmarked. The notice

must state that the permit or change in appropriation right will be preliminarily

determined to be granted as modified unless a hearing is requested.

(7) The Department may cease action upon an application for a permit or change in

appropriation right and return it to the applicant when it finds that the application is not in

good faith or does not show a bona fide intent to appropriate water for a beneficial use.

An application returned for either of these reasons must be accompanied by a statement

of the reasons for which it was returned, and for a permit application there is not a right

I7/Crow Tribal Wate

to a priority date based upon the filing of the application. Returning an application

pursuant to this subsection is a final decision of the Department.

25-4-109. Criteria for Issuance of Permit.

(1) The Department shall issue a permit if the applicant proves by a preponderance of

evidence that the following criteria are met:

(a) there is water physically available at the proposed point of diversion in the

amount that the applicant seeks to appropriate; and

(b) water can reasonably be considered legally available during the period in

which the applicant seeks to appropriate, in the amount requested, based on

the records of the Department and other evidence provided to the Department.

Legal availability is determined using an analysis involving the following

factors:

i. identification of physical water availability;

li. identification of existing legal demands on the source of supply

throughout the area of potential impact by the proposed use; and

iii. analysis of the evidence on physical water availability and the

existing legal demands including but not limited to a comparison of

the physical water supply at the proposed point of diversion with the

existing legal demands on the supply of water.

permit, will not be adversely affected;

(d) the proposed means of diversion, construction, and operation of the

appropriation works are adequate;

(e) the proposed use of water is a beneficial use;

(f) the applicant is an owner or has the written consent of the majority beneficial

ownership interests in the property where the water is to be put to beneficial

use; and

(g) the water quality of a prior appropriator will not be adversely affected.

(2) The applicant is required to prove that the criteria in subsection (1) (g) have been met

only if a valid objection is filed. A valid objection must contain substantial credible

information establishing to the satisfaction of the Commission that the criteria in

subsection (1) (g), as applicable, may not be met.

(3) An appropriation, diversion, impoundment, use, restraint, or attempted appropriation,

diversion, impoundment, use, or restraint contrary to the provisions of this section is

invalid. An officer, agent, agency, or employee of the Tribe may not knowingly permit,

1B|Crow Tribal

aid, or assist in any manner an unauthorized appropriation, diversion impoundment, use,

or other restraint. A person or corporation may not, directly or indirectly, personally or

through an agent, officer, or employee, attempt to appropriate, divert, impound, use, or

otherwise restrain or control waters within the boundaries of the Crow Reservation and

the 1904 Ceded Strip except in accordance with this section.

(4) The Department may adopt rules to implement the provisions of this section, in

accordance with the procedure under 25-2-105.

25-4-110. Terms of Permit.

(1) The Department may issue a permit for less than the amount of water requested, but may

not issue a permit for more water than is requested or than can be beneficially used

without waste for the purpose stated in the application. The Department may require

modification of plans and specifications for the appropriation or related diversion or

construction. In accordance with 25-4-102, the Department may issue a permit subject to

terms, conditions, restrictions, and limitations it considers necessary to satisfy the criteria

listed in 25-4-109 and it may issue temporary or seasonal permits. A permit must be

issued subject to existing rights and any final determination of those rights made under

this chapter.

(2) The Department shall specify in the permit or in any authorized extension of time

provided in subsection (3), the time limits for commencement of the appropriation works,

completion of construction, and actual application of the water to the proposed beneficial

use. In fixing those time limits, the Department shall consider the cost and magnitude of

the project, the engineering and physical features to be encountered and, on projects

designed for gradual development and gradually increased use of water, the time

reasonably necessary for that gradual development and increased use. The Department

shall issue the permit or authorized extension of time subject to the terms, conditions,

restrictions, and limitations it considers necessary to ensure that the work on the

appropriation is commenced, conducted, and completed and that the water is actually

applied in a timely manner to the beneficial use specified in the permit.

(3) The Department shall by rule or by condition to a permit establish a process allowing for

the extension of the time limits specified in the permit for commencement of the

appropriation works, completion of construction, and actual application of water to the

proposed beneficial use. If commencement of the appropriation works, completion of

construction, or the actual application of water to the proposed beneficial use is not

completed within the time limit specified or within an extension of that time limit, the

permit is void upon lapse of the time limit.

(4) The original of the permit must be sent to the permittee, and a copy must be kept in the

office of the Department.

25-4-111. Allocation of Water to Allottees. Tribal allocations of water to Allottees shall be

satisfied with water from the Tribal Water Right.

19([Cro Tribal Water Code

(1) Allottees shall be entitled as a matter of law to a just and equitable allocation of the

Tribal Water Right for irrigation purposes.

(2) Charges for delivery of water for irrigation purposes for Allottees shall be assessed on a

just and equitable basis.

(3) An Allottee may request that the Crow Tribe provide water for new irrigation use under

Chapters 4 and 5 of this Code.

(4) An Allottee with a claim relating to the enforcement of rights of the Allottee under the

Water Code or otherwise relating to the amount of water allocated to land of the Allottee

must first exhaust tribal remedies available to the Allottee under this Water Code and

other applicable tribal law before initiating an action against the United States or

petitioning the Secretary of the Interior pursuant to Section 407 of the Settlement Act.

(5) Following exhaustion of remedies available under the Water Code and other applicable

tribal law, an Allottee may seek relief under section 7 of the Act of February 8, 1887,

codified at 25 U.S.C. 381, or other applicable law.

25-4-112. Changes in Use and Transfers of Water Rights. A permit shall be required for a

transfer of water right, change in type of use, change in place of use, change in point of

diversion, change in name, change in a state-based water right to a tribal-based water right, and

change in a tribal-based water right to a state-based water right. Change in use permits may be

issued if the change or transfer will not have an adverse effect on an existing water right

developed or authorized prior to the date of application for change of use or transfer. Permits for

change in use and transfer may be conditioned to insure that they will not adversely affect an

existing water right developed or authorized prior to the date of application for change of use or

transfer. Administration of the Water Code will comply with the Water Compact.

CHAPTER 5: HEARINGS

25-5-101. Scheduling of Hearing on Application.

25-5-102. Public Notice of Permit Hearing.

25-5-103. Comments on Applications.

25-5-104. Service List.

25-5-105. Interim Authorization to Use Water.

25-5-106. Public Hearing on Permit Applications.

25-5-107. Consolidation of Hearing.

25-5-108. Standards for Granting Permits.

25-5-109. Decision.

25-5-110. Finality of Decision.

25-5-111. Appeal.

25-5-101. Scheduling of Hearing on Application. As soon as practicable after receiving an

application for permit and objections from the Department under 25-4-107 or an appeal of the

20(C ro tribal Wate

denial of a permit or proposed conditions on a permit, the Commission shall review the

application for adequacy and completeness. If additional information is required, the

Commission shall so inform the applicant in writing. The Commission shall then schedule a

hearing on that application which hearing shall determine the amount of water authorized to be

diverted and used and establish the terms and conditions of diversion and use. The Commission

shall notify the applicant of the hearing date, which shall be at least thirty (30) days but not more

than sixty (60) days from the date of the notice.

25-5-102. Public Notice of Permit Hearing. After a hearing is scheduled as provided in

Section 25-5-101, the applicant shall then cause to be publicly posted within the Crow

Reservation District in which the permit is being requested, a copy of the application for permit

and shall submit satisfactory proof of publication to the Commission. The cost of such

publication shall be borne by the applicant. The Commission shall also post a public notice of all

scheduled hearings at the Tribal Office and such other public places on the reservation as it shall

deem appropriate. The notice shall state the date by which objections are due.

25-5-103. Comments on Applications. Any person or entity may comment to the Commission

in writing upon any application for a permit under this Water Code, and shall serve any written

comment on all persons on the service list provided for in Section 25-5-105. All comments and

pleadings filed with the Commission in an appeal shall be personally served or mailed upon all

persons on the service list provided for in Section 25-5-4 within ninety (90) days of the

publication of the notice pursuant to Section 25-5-102.

25-5-104. Service List. The Commission shall establish a service list for each permit application,

which includes the applicant, the Director, all objectors and all commentators to the application.

25-5-105. Interim Authorization to Use Water. The Commission may grant a temporary,

revocable authorization to the use while the application is pending for a project not to exceed one

(1) year.

25-5-106. Public Hearing on Permit Applications.

(1) A public hearing shall be held on each application unless there has been no objection to

or comment upon the application by the Tribe or any other person and the Commission

determines to grant it with conditions accepted by the applicant. At least one (1) member

of the Commission shall be present and shall preside over the hearing. The applicant and

all objectors shall have the right to participate as parties, to present oral and written

testimony of witnesses under oath, and to be represented by counsel at their own expense.

A record shall be kept of all proceedings. The Commission shall have power to

administer oaths to witnesses, to take evidence under oath, and to issue subpoenas to

compel the attendance of witnesses or for the production of books, records, documents

and other evidence. The Crow Tribal Court shall enforce any subpoena issued by the

Commission in the same manner as the Court enforces its own subpoenas. The ordinary

rules of evidence shall not apply in any hearing, but evidence which is irrelevant,

cumulative, unduly prejudicial, or would otherwise be unfair if admitted, may be

21[Crow Tribal Water (

excluded or may be admitted by the Commission only under special conditions or

stipulations.

(2) The Crow Tribe may participate in any hearing as a party and may present oral or written

testimony of witnesses under oath.

(3) The Commission may, in its discretion, request or permit the parties to submit additional

materials or briefs after the hearing.

25-5-107. Consolidation of Hearing. Hearings concerning applications in a particular basin or

area may be consolidated to promote efficiency, minimize expense or hardship, and prevent

duplication unless the applicant, and objector or the Crow Tribe files a timely objection.

25-5-108. Standards for Granting Permits.

(1) The applicant for a permit shall be required (1) to prove, by a preponderance of the

evidence, that all the data required in the permit application has been provided and is

correct, and (2) to respond, to the satisfaction of the Commission, to all relevant

objections or comments raised by any person and to all concerns expressed by the

Commission regarding any permit application. If these requirements are met, and if the

Commission in its discretion determines that issuance of the permit is in the best interest

of the reservation community, the permit shall be granted.

(2) In addition to the above, any applicant for a permit who is a non-Indian successor-ininterest to any Allottee seeking to use water within the Crow Reservation by virtue of a

water right arising under the laws of the United States must prove, by a preponderance of

the evidence, for the lands for which a permit is sought:

(a) that the Indian owner was beneficially irrigating such lands on the date the

lands left trust ownership, and that those lands are practicably irrigable and

have been continuously and beneficially irrigated by the Indian owner and

each successor-in-interest from that time until the date of the application; or

(b) for lands not in irrigation at the time the lands left trust ownership, that the

first owner after the lands left trust ownership diligently developed the lands,

and that those lands are practicably irrigable and have been continuously and

beneficially irrigated by the first non-trust owner and each successor-ininterest from the date of such development until the date of the application.

25-5-109. Decision. The members of the Commission present at the hearing shall issue a written

decision setting forth pertinent findings of fact and an ultimate determination as to whether the

application shall be granted, with specific conditions, or denied. This decision shall be adopted

by a majority vote of the members of the Commission and delivered to all parties by registered

mail, return receipt requested.

22|C row Tribal

25-5-110. Finality of Decision. The decision of the Commission shall become final and take

effect unless stayed on appeal.

25-5-111. Appeal. The decisions of the Commission pursuant to this Chapter and Chapters 4 and

6 shall be appealable as provided in Chapter 13 of this Code exclusively to the Crow Tribal

Court.

CHAPTER 6: REVOCATION OF WATER USE PERMITS

25-6-101. Reasons for Revocation.

25-6-102. Procedure for Revocation Hearing.

25-6-101. Reasons for Revocation. A permit may be totally or partially revoked for the

following causes:

(1) failure to comply with any terms and conditions of the permit, a provision of this Code or

with any order or decision of the Commission;

(2) nonuse of water;

(3) any misrepresentation of a material fact in an application for the permit, or in any other

statement made as part of the application process; or

(4) voluntary relinquishment by any affirmative action manifesting an intention to relinquish

a permit.

25-6-102. Procedure for Revocation Hearing. The Commission, on its own motion or upon

request of the Director or any person holding or applying for a Tribal permit who is adversely

affected by a prior permit action of the Commission, may commence revocation proceedings

against any permittee by serving upon such permittee, by registered mail, return receipt

requested at his or her last known address, a notice scheduling a revocation hearing at least fortyfive (45) days from the date of the notice. Such notice shall be published by the Commission in

the manner required by Section 25-5-102, and any affected person may participate in the

revocation hearing. A public hearing shall be held on the proposed revocation in the manner

provided in Chapter 5 of this Code. The decision of the Commission shall be appealable as

provided in Chapter 13 of this Code.

CHAPTER 7: PRIORITY OF TRIBAL USES IN TIMES OF SHORTAGE AND

RESOLUTION OF DISPUTES AMONG USERS OF THE TRIBAL WATER RIGHT.

25-7-101. Preferences of Uses by Purpose of Use.

25-7-102. Reduction of Use in Times of Shortage.

25-7-103. Proceedings to Determine that a Reduction in Use is Necessary.

25-7-104. Resolution of Disputes among Tribal Water Users.

23|Crow Triba

Water Code

25-7-101. Preference of Uses by Purpose of Use. Categories of uses of the Tribal Water Right

shall be given preference in times of shortage in the order established in accordance with

administrative rules and shall include but not be limited to:

(1) Domestic and municipal uses and uses for stock watering purposes not in excess of

twenty (20) acre-feet per year;

(2) Uses protected by Article III of the Water Compact and established pursuant to Chapter 4

of this Water Code;

(3) Agricultural uses post 1999;

(4) Instream flows for fish and wildlife purposes;

(5) Industrial uses;

(6) Power uses; and

(7) Other beneficial uses.

25-7-102. Reduction of Use in Times of Shortage.

(1) Whenever the Department, in its discretion, determines that water is not or will not be

available during a particular period from any surface or ground water source, the

Department may order a permittee to reduce or cease entirely his or her use of water.

Any such order of the Department shall be enforced by the Director and by the Crow

Tribal Court as a matter of the highest importance and without delay on the motion of the

Director or any water user.

(2) In issuing any order to reduce or cease water use, the Department shall, except as

provided in subsection (3), give preference to the categories of uses in the order

established pursuant to 25-7-101 and regulations promulgated pursuant thereto. Within

each of the other categories of use, the Department shall give priority to permits in the

order in which they were issued, the earliest having the highest priority.

(3) The Department, in its discretion, may determine that only a portion of the uses in a

particular category, other than uses in Section 25-7-101, shall be satisfied so as to allow

some uses in a lower category to be satisfied. Any such determination of the Director

shall be governed by due consideration of all factors which result in a just and equitable

apportionment of water.

25-7-103. Proceedings to Determine that a Reduction in Use is Necessary.

(1) If the Department determines, in its discretion, that it is practicable to do so, it shall give

prior notice of its intent to order a reduction in use of water for a particular period by

publication in one regularly published newspaper on the Reservation and posting at the

24(Crow Tribal Water

Tribal Office and such other public places on the Reservation as the Department shall

deem appropriate. The Department may in that notice invite written comments to the

Department and may announce a date for a public hearing to hear oral comments and

consider any relevant evidence or information offered by the Director or any interested

person or entity.

(2) The Department’s order for a reduction in use shall be published in the same manner as

the notice provided in subsection (1) and shall be final for the Department. The decision

may be appealed to Crow Tribal Court as provided in Chapter 13.

25-7-104. Resolution of Disputes among Tribal Water Users.

(1) Any person permitted to use a portion of the Tribal Water Right may file a petition with

the Commission challenging another person or entity for using water in a manner that

infringes upon the petitioner’s permitted use.

(2) If the challenged person or entity claims the right to use water under state law, the

Commission shall proceed no further but shall forward the petition to the Director for

submission to the Crow-Montana Compact Board. Otherwise, the Commission shall

serve a copy of the petition upon any person or entity named in it and upon the Director,

post the petition on its website, and shall hold a public hearing on the petition in the

manner provided in Sections 25-5-101 through 25-5-112 after reasonable notice to all

parties.

(3) In any proceeding before it, the Commission may enter an order after a hearing granting

temporary or preliminary injunctive relief, or any other relief it deems appropriate,

including revocation of the water permit.

(4) Final decisions of the Commission may be appealed as provided in Chapter 13 of this

Water Code, but shall remain in effect and shall be enforced by the Director and by the

Crow Tribal Court unless the decision is modified or set aside by a final decision on

appeal. The Crow Tribal Court shall review the Commission’s Orders using an arbitrary

and capricious standard. The Crow Tribal Court shall enforce orders of the Commission,

including orders granting temporary or preliminary injunctive relief, in the same manner

in which the Court enforces its own orders and on such terms as to bond or otherwise as it

deems proper for the security of the rights of the enjoined party, except that in no event

shall the Crow Tribe be required to post any bond.

CHAPTER 8: GROUNDWATER

25-8-101. Tribal Water Right.

25-8-102. Groundwater Permits.

25-8-103. Rules and Regulations.

25/ Crow

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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.