PUEBLO OF ACOMA LAWS 2003 (2015 Replacement) (2019)
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PUEBLO OF ACOMA LAWS 2003 (2015 Replacement)
TITLE 15
NATURAL RESOURCES
This Replacement includes laws enacted since the Pueblo of Acoma Laws 2003
pursuant to Tribal Council Resolutions dated January 1, 2013 through December 31,
2014.
Pueblo of Acoma Laws 2003 (2015 Replacement)
Page 15-A
PUEBLO OF ACOMA LAWS 2003 (2015 Replacement)
TITLE 15
NATURAL RESOURCES
These laws may be cited by Title, Chapter, Section and Year as “Sectionor§ - -
Pueblo of Acoma Laws 2003 (2015 Replacement)”
Pueblo of Acoma Laws 2003 (2015 Replacement)
Page 15-B
PUEBLO OF ACOMA LAWS 2003 (2015 Replacement)
TITLE 15
NATURAL RESOURCES
TABLE OF CONTENTS
Chapter Page
1. Acoma Water Commission ............ 000 cece eee eee eee teens 15-1
15-1-1 Establishment of Commission ...............-.00000 00s 15-1
15-1-2 Composition ..... 0.0... . cee ee ee eee eee ees 15-1
15-1-3 Responsibilities ........ 0.0.0.0... ccc ce eee ee 15-1
15-1-4 Representation of Pueblo in Negotiations Concerning Water . 15-2
15-1-5 Commission Procedures ............... 00 cece eee eeees 15-2
15-1-6 ReportS 0.0.0... cece ee eee ee eee nes 15-2
2. Pueblo of Acoma Water Office .......... 0... cee eee nee 15-2
15-2-1 Establishment of Water Office ............. 0.2.0... e eee 15-2
15-2-2 Relationship to Acoma Water Commission ............... 15-3
15-2-3 Traditional law protected ........ 0.0... , cee eee 15-3
3. Water Quality Standards ....... 0... 0... cece ee nes 15-3
15-3-1 Authority 2... 0... cece eee eee eee tenes 15-3
15-3-2 PUMPOSES 2... eee eee ee et et tet eens 15-4
15-3-3 Applicability... 0.0.0.0... 0... cece eet eee 15-5
15-3-4 Enforcement ......... 0... cc cece eee eee eee eens 15-6
15-3-5 Antidegradation .......... 0c ccc ec eee eee ene 15-6
15-3-6 Periodic Review and Revision .............. 000 eee eees 15-6
15-3-7 Surface Water and Groundwater Use Designations......... 15-7
15-3-8 Point and Nonpoint Discharges .................. 00008. 15-7
15-3-9 Attainability and Modification ................... 0002 eee 15-7
15-3-10 ExclusionS 2.0.0.0... ccc eee ee ene 15-8
15-3-11 Compliance Schedules ................... 0.2 eee eee eee 15-8
15-3-12 VarianceS ... 0.0 ee ee nee eee e nes 15-8
15-3-13 Short-Term Exceedances ............ 00: cece eects 15-9
15-3-14 Antidegradation Policy ............ 0.000. eee 15-10
15-3-15 Implementation Plan.............. 2.2... cee eee eee ees 15-10
15-3-16 General Standards ............ 0... cece eee eee eee 15-13
15-3-17 Water Body Uses and Standards Specific to the Uses ..... 15-18
15-3-18 Designated Uses for Water Bodies of the Pueblo of Acoma . 15-20
15-3-19 Sampling and Analyses ............. 2... ee eee eens 15-22
15-3-20 Definitions... 0... eee ee eee 15-23
A. Acute Toxicity ........ 00... eee eee ees 15-23
Pueblo of Acoma Laws 2003 (2015 Replacement)
Page 15-i
PNXXE<CHMAPVOZEC AL -TONMOOD
Agricultural irrigation ............ 00... e eee eee 15-24
Agricultural livestock watering ................... 15-24
Algae ......... cece ee eee 15-24
Annual mean ........ 0.00 cece cee ee eee 15-24
Antidegradation .............. 00. eee ee eee 15-24
Aquatic and wildlife (cold water habitat)............ 15-24
Aquatic and wildlife (ephemeral) ................. 15-24
Aquatic and wildlife (warm water habitat) .......... 15-24
Aquatic biota 20... ee eee 15-24
Attainable use .......... 0... ccc eee ene 15-24
Best management practices (BMPs) .............. 15-24
Bioaccumulation ............ 00.0 c eee ee eee ee 15-25
Bioaccumulation factor ...............00 eee eee 15-25
Bioconcentration .......... 0... cee eee eee ees 15-25
Bioconcentration factor (BCF) .................. 15-25
Biomagnification .............. 2... eee ee eee 15-25
Biomonitoring or biological monitoring ............. 15-25
Carcinogenic ............ 0. ce eee ee es 15-25
Chronic toxicity ......... 0.0... cee eee ees 15-25
Clean WaterAct .......... 0. cece eee ee ees 15-26
Cold water habitat ........... 0... 000. eee eee eee 15-26
[OT 0) (0) i 15-26
Criteria... ee ee ene 15-26
Cumulative 0.0.0.0... eee eee 15-26
Design floW ........ 0.0... eee eee 15-26
Designated useS ......... cece eee eee 15-26
Dissolved ......... 0... eee ees 15-26
Dissolved oxygen ..........0 2 eee eee ee eee 15-26
Domestic water source ........... 0. eee ee eee ee 15-26
Drinking water ....... 02... 2 eee ce ee ee eee 15-27
Effluent .. 0.0.0... cece ee enter eens 15-27
Ephemeral stream ......... 2... eee ees 15-27
Epilimnion .......... 0... eee ee ee ees 15-27
Eutrophication ........ 0.0... . eee eee eee 15-27
Existing USCS ........ eee eee ee ees 15-27
FDA action limits ............. 00.2 e eee eee eee 15-27
Fecal coliform bacteria..............0.0. eee eee 15-27
Fish consumption ...............02 02 eee eee eee 15-27
Fish culture 2... 2... eee ee ee es 15-27
Geometric mean ............ 0. cece ee eee 15-27
Groundwater recharge .............--0 22s e ee eee 15-28
Hardness .......... 0... cc eee ee eee 15-28
Harmonic mean .......... 2... cc eee ee eee ees 15-28
Indigenous ........ 0... . eee ee eee 15-28
Industrial 20... ee eee 15-28
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Page 15-ii
AU. Intermittent stream ..................... 0202065
PNY a
AW. Micrograms per liter (ug/L) ......................
AX. Milligrams per liter(mg/L) ......................
AY. Mixing zone ............ 0. cece eee ee eee
AZ. Narrative standard .......... 2... 0... cc eee eee
BB. National Pollutant Discharge Elimination System ....
BC. Natural conditions ............ 0.0... 00. eee eee
BD. Ninetieth percentile .....................-0005.
BE. Nonpointsource............ 0... cece eee eee
BF. NTU oo. eee tenes
BG. Nuisance condition ............... cee ee eens
BH. Nutrient ......... 0.0... cece eee eee
©) |
BJ. Partial body contact ....................-.0005-
BK. Perennial stream ............. 0.000. e eee eee
BL. Persistent..........0 00.0... c ccc cee eee eee
BM. PH ..... eee eee eens
BN. Picocuri€ .......... 0... ce eee eee ee eee
BO. Pointsource........... ccc cece ee eee
BP. Primary contact recreational use .................
BQ. Pueblolands ............. 0... ccc eee eee
BR. Pueblo waters ........... 0... ce eee eee ees
BS. Regional Administrator ...... eee eee eee
BT. Segment ............ 0. cece eee eee eee
BU. Synergism .......... 0... eee eens
BV. Technology-based controls ...................05.
BW. Thermal stratification ...................22-000-
BX. Thermocline ............ 0... cee ee eee eee
BY. Total. ...... 0... ccc ccc cee eee eens
BZ. Totalphosphorus .................... 0000s eee
CC. Toxicpollutant ............ 0.0... . eee eee
CD. Toxicity......... 0... 2c eee eee eee
CE. Turbidity............. 0... ce ee ee
CF. Use-attainability analysis ....................040.
CG. Warm water habitat .......................20.06.
CH. Watercontaminant .................. 0c eee eee
Cl. Water quality-based controls ....................
CJ. Wellhead protection zone .............. 0.00000
CK. Wetlands ............. 0... cee ee ee ee eee
CL. Zoneof passage .............- cee eee ee ees
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Page 15-iii
Table No.
A-1
A-2
A-3
A-4
A-5a
APPENDIX
Numeric Criteria for Toxic Constituents ...................... 15-A-1
Equations for Calculating Freshwater Aquatic Life Criteria for Metals as a
Function of Total Hardness ............. 0.0... cee eee eee eee 15-A-7
Numeric Criteria 2.2... 0. cee eee ene 15-A-8
Acute Criteria (CMC) for Ammonia ..................---08- 15-A-12
Allowable Ammonia Concentrations, Chronic Criteria (CCC), Early Life
Stages Present ......... cece ee ee ee tees 15-A-13
Allowable Ammonia Concentrations, Chronic Criteria (CCC), Early Life
Stages Absent .......... 0c cece eee eee eee eee 15-A-15
Antidegradation Flow Chart ............... cece eee ee eee 15-A-17
THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK.
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Chapter 1.
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PUEBLO OF ACOMA LAWS 2003 (2015 REPLACEMENT)
TITLE 15
NATURAL RESOURCES
Annotation 1: This Title was previously headed “Water
Matters”. Pueblo of Acoma Laws 2003, based on Tribal
Council direction revised this title as “Natural Resources’.
See Tribal Council Resolution No. TC-SEP-23-98-1A.
Annotation 2: In 2013, Tribal Council reaffirmed the
relationship between the “Acoma Public Works and Utility
Authority” and the “Acoma Water Office.” See Tribal Council
Resolution No. TC-NOV- 14-13-ViA and new annotation at
Section 15-2-1. This annotation and the one at Section 15-2-
1 caused the pages of this title to be renumbered and led to
the issuance of a replacement title in 2015.
ACOMA WATER COMMISSION
Establishment_of Commission. The Tribal Council, because of the
significance of water to the Pueblo of Acoma, hereby creates the Acoma
Water Commission.
Origin: Enacted by Tribal Council Resolution No. TC-April-20-94-4.
Composition. The Acoma Water Commission is appointed by the Tribal
Council and consists of eight (8) members. Commissioners must be
members of the Pueblo of Acoma, or residents of the Acoma Pueblo
Community.
Origin: Enacted by Tribal Council Resolution No. TC-April-20-94-4.
Original Commissioners were: Ray Histia, Fidel Lorenzo, Charles
Ortiz, Stanley Paytiamo, Manuel Stevens, Augustine Seymour,
Jimmy Torivio and Laura Watchempino.
Responsibilities. The Acoma Water Commission is responsible for:
A. Reviewing and developing information concerning water resources
involving the Pueblo.
B. Developing goals, based on the best information available, for
presentation to the Tribal Administration and Tribal Council; and
C. Informing the Tribal Council and Acoma Pueblo Community at general
meetings of progress in securing water for Acoma now and in the
future.
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Chapter 2.
15-2-1
Origin: Enacted by Tribal Council Resolution No. TC-April-20-94-4.
Representation of Pueblo in Negotiations Concerning Water. The Acoma
Water Commission is authorized to represent the Pueblo in any negotiations
concerning the adjudication of Pueblo water rights. However, any negotiated
settlement of any claim in any such adjudication must be presented to the
Tribal Council for review and approval before it can become binding on the
Pueblo.
Origin: Enacted by Tribal Council Resolution No. TC-April-20-94-4.
Commission Procedures. The Acoma Water Commission shall develop
Standard Operating Procedures to meet its purpose and responsibilities as
set out in this Chapter.
Origin: By Tribal Council Resolution No. TC-April-20-94-4.
Reports. The Acoma Water Commission shall report on its activities to the
Governor and Tribal Council at least every quarter, and report to the Acoma
Community at least twice each year.
Origin: Enacted by Tribal Council Resolution No. TC-April-20-94-4.
PUEBLO OF ACOMA WATER OFFICE
Annotation: Tribal Council Resolution No. TC-SEP-23-98-
1B directed Pueblo attorneys to include this chapter in Title
16. However, since the scope of this chapter is on water
office management, this chapter appropriately follows
chapter 1 “Water Matters” of this Title.
Establishment of Water Office. The Tribal Council hereby creates the
Acoma Water Office for carrying out tribal written laws concerning water
management, use, preservation, and restoration.
Origins: Enacted by Tribal Council Resolution No. TC-
SEP-23-98-1B, dated September 23, 1998. This resolution
also states: “In the event that the Acoma Water Office is
unable to perform its responsibilities under law, those tasks
shall be performed by the Office of Realty and Natural
Resources, or another tribal agency as determined by the
Acoma Tribal Council in consultation with the Governor and
administration staff.”
Annotations: Tribal Council Resolution No. TC-NOV-05-
09-Via directed that the Acoma Water Office (excluding
Kerr McGee Water Rights Adjudication)” be managed by
the Acoma Public Works Utility Authority. The 2009
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Chapter 3.
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resolution was reaffirmed in 2013 pursuant to Tribal
Council Resolution No. TC-NOV-14-13-Vla.
Cross reference to the Utility Authority at Title 20, Pueblo
of Acoma Laws.
Relationship to Acoma Water Commission. The Acoma Water Office shall
be supervised by the Acoma Tribal Council, The Governor or his designee.
The Acoma Water Office shall consult with, and act as staff for, the Acoma
Water Commission.
Origins: Enacted by Tribal Council Resolution No. TC-
SEP-23-98-1B, dated September 23, 1998.
Traditional law protected. In performing its duties under the written law of the
Pueblo, the Acoma Water Office shall consult with those persons with
authority over water under the traditional law of the Pueblo before making
any final decision of the Water Office.
Origins: Enacted by Tribal Council Resolution No. TC-
SEP-23-98-1B, dated September 23, 1998.
WATER QUALITY STANDARDS
Authority. Section 518 of the Clean Water Act allows federally recognized
Indian Tribes to enact water quality standards for the purpose of protecting
waters within the exterior boundary of Tribal lands. The Pueblo of Acoma,
a sovereign nation exercising powers of self-government and a federally
recognized Indian Tribe, has developed these Water Quality Standards
(hereinafter “Standards") in accordance with the provisions of the Clean
Water Act.
Origins: Adopted by Tribal Council on September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 2005 in
Tribal Council Resolution No. TC-DEC-15-05-Vle.
Annotation 1: List of Acronyms and Abbreviations:
A&W,: Aquatic and wildlife (cold water habitat)
A&W,: Aquatic and wildlife (ephemeral habitat)
A&W,,. Aquatic and wildlife (warm water habitat)
Agi: Agricultural irrigation
AgL: Agricultural livestock watering
CaCoQ,: Calcium carbonate
cfu/100 mL: Colony forming units per 100 milliliters
CU: Color units
DO: Dissolved oxygen
DWS: Domestic water source
EPA: U.S. Environmental Protection Agency
FC: Fish consumption
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FDA: U.S. Food and Drug Administration
GWR: Groundwater recharge
MCL: Maximum contaminant level
pg/L: Micrograms per liter
mg/L: Milligrams per liter
NC: No criterion established
NPDES: National Pollutant Discharge Elimination System
NTU: Nephelometric turbidity units, a measure of turbidity
in water
PBC: Partial body contact
PCBs: Polychlorinated biphenyls
PCR: Primary contact recreational use
pCi: Picocurie
ppb: Parts per billion
ppm: Parts per million
Annotation 2: The Clean Water Act is a federal statute
enacted February 4, 1987 and codified at 33 U.S.C.A. §
1300, et seq. Section 518 is codified at 33 U.S.C.A. § 1377.
Purposes. The Acoma people recognize that they are part of a larger
community that includes the heavens, the ocean depths, the elements, and
all species of plant and animal life. Our sense of unity with all assures our
continued survival and gives rise to a duty to preserve and protect the air,
water, and land for future generations.
A. As the first and foremost user of water in the region, the Pueblo of
Acoma acknowledges that water is essential to all life at Acoma and
is indispensable to the practice of age-old traditions and to our cultural
preservation. Within this context, the Pueblo of Acoma Water Quality
Standards are intended to accomplish the following:
1.
To promote the health, welfare, political integrity, economic
well-being, and traditional culture of the Acoma people.
To promote the health, welfare, and economic well-being of all
other community residents.
To promote and sustain the healthy propagation of fish, other
aquatic life, and wildlife.
To designate the existing and attainable uses for which the
surface waters and groundwaters of the Pueblo of Acoma shall
be protected.
To prescribe water quality criteria (narrative and numeric) in
order to sustain the designated uses.
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6. To prescribe water quality criteria (narrative and numeric) in
order to protect groundwater.
7. To ensure that degradation of existing water quality does not
occur.
8. To guide water management decisions and activities that affect
the waters of the Pueblo of Acoma.
B. These purposes shall be accomplished by incorporating the
Standards established herein into the permitting and management
process for point source dischargers and nonpoint source generators
by using those standards to determine when a designated use is
threatened and by using (1) current treatment technologies to control
point sources of pollution and (2) best management practices to
control nonpoint sources of pollution.
C. The Standards are consistent with Section 101(a)(2) of the Clean
Water Act (33 U.S.C. Section 1251[a][2]), which declares that”... it is
the national goal that, wherever attainable, an interim goal of water
quality which provides for the protection and propagation of fish,
shellfish, and wildlife and provides for recreation in and on the water
be achieved by July 1, 1983...." Additional uses of the Pueblo of
Acoma waters may include but are not limited to ceremonial and
agricultural and livestock water supply uses.
Origins: Adopted by Tribal Council on September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 20085 in
Tribal Council Resolution No. TC-DEC-15-05-Vle.
Annotations: in 2005, the word “criteria” replaced the word
“standards” at subsections A(5) and A(6).
Applicability. The Standards apply to all Pueblo waters, inclusive of all
waters within the exterior boundaries of the Pueblo of Acoma, and water
situated wholly or partly within or bordering upon the Pueblo. The Standards
apply to substances attributable to discharges, nonpoint sources, or instream
activities. The Standards shall not apply to acts of God or to natural
phenomena not brought about by human activity. These Standards are not
intended to interfere in any way with traditional or religious uses of Acoma
waters.
Origins: Adopted by Tribal Council on September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 2005 in
Tribal Council Resolution No. TC-DEC-15-05-Vle.
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Enforcement. The Pueblo of Acoma Tribal Council has primary responsibility
for adopting ordinances, fines, or other enforcement mechanisms needed to
ensure compliance with the Water Quality Standards. The Haaku Water
Office may take enforcement actions in support of the enforcement
mechanisms adopted by the Tribal Council. The Acoma Water Office shall
work in cooperation with the U.S. Environmental Protection Agency (EPA)
and other agencies of the Pueblo, other Tribes, the federal government, and
the State of New Mexico.
Origins: Adopted by Tribal Council on September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 2005 in
Tribal Council Resolution No. TC-DEC-15-05-Vle.
Annotations: In 2005, the “Haaku Water Office” replaced
the term “Pueblo of Acoma Water Office”. A global change
was made to this entire chapter.
Antidegradation. The antidegradation policy for Pueblo waters and the
procedures for implementing it are set forth in Section II herein.
Origins: Adopted by Tribal Council on September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 2005 in
Tribal Council Resolution No. TC-DEC-15-05-Vle.
Periodic Review and Revision.
A.
Pursuant to Section 303(c)(1) of the Clean Water Act (33 U.S.C.
Section 1313{[c]), the Standards shall be reviewed once every three
years following enactment. The Pueblo of Acoma shall hold public
hearings at least once each three-year period for the purpose of
reviewing and, as appropriate, revising the Standards.
Revisions shall incorporate relevant scientific and engineering
advances. In addition to the triennial reviews, the Standards may be
revised from time to time as the need arises or as the result of
updated scientific or monitoring information.
Errors resulting from inadequate and erroneous data or human or
clerical oversight will be subject to correction by the Pueblo of Acoma.
The discovery of such errors does not render the remaining and
unaffected Standards invalid. If any provision of the Standards or the
application of any provision of these Standards to any person or
circumstance should be held to be invalid, the application of such
provision to other persons and circumstances and the remainder of
the Standards shall not be affected thereby.
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Origins: Adopted by Tribal Council on September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 2005 in
Tribal Council Resolution No. TC-DEC-15-05-Vle.
Surface Water and Groundwater Use Designations.
A. The Pueblo of Acoma Tribal Council shall issue and approve surface
water and groundwater designations for Pueblo waters and shall
determine the suitability of bodies of water for recreational and
ceremonial purposes.
B. The most stringent numerical criteria applicable to any perennial
stream shall be maintained any time the flow equals or exceeds the
critical design flow, which is either the seven-day ten-year low flow
value (7Q10) or the harmonic mean flow, the latter being used when
human health criteria apply. When ephemeral and intermittent
streams have a low flow value of zero, all discharges shall meet
standards for the designated use. For standing water bodies,
standards particular to a use shall be maintained whenever the water
body is suitable for the use. The General Standards (Section III) shall
apply to streams, lakes, reservoirs, canals, drains, groundwater,
ponds, springs, and wetlands, whether perennial, ephemeral, or
intermittent in nature. The standards assigned to a body of water
shall be the most stringent standards required to protect all uses
designated for that body of water. Reservoirs constructed for
domestic wastewater treatment are exempt from these standards,
provided that the water released from any such reservoir meets the
standards that apply to the receiving body of water.
Origins: Adopted by Tribal Council on September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 2005 in
Tribal Council Resolution No. TC-DEC-15-05-Vle.
Point_and Nonpoint Discharges. The Standards shall be the basis for
managing discharges attributable to point and nonpoint sources of pollution.
Origins: Adopted by Tribal Council on September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 2005 in
Tribal Council Resolution No. TC-DEC-15-05-Vle.
Attainability and Modification. In the event that monitoring of water quality
identifies reaches where attainable water quality is less than that which is
required by the Standards, then the Pueblo of Acoma may modify the
Standards to reflect attainability. Modification thereof shall be within the sole
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discretion of the Pueblo of Acoma, but shall be subject to the provisions of
the Clean Water Act (33 U.S.C. Section 1251[a][2]) and shall be carried out
in accordance with use-attainability analysis procedures or development of
a site-specific criterion.
Origins: Adopted by Tribal Council on September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 2005 in
Tribal Council Resolution No. TC-DEC-15-05-Vle.
Exclusions. The Standards prescribed herein do not apply to waste
treatment systems, including ponds, lagoons, and constructed wetlands that
are a part of such waste treatment systems. This exclusion applies only to
man-made bodies of water that neither are originally created in a surface
water nor result from the impoundment of a surface water. The exclusion
does not apply to discharges from waste treatment systems.
Origins: Adopted by Tribal Council on September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 20085 in
Tribal Council Resolution No. TC-DEC-15-05-Vle.
Compliance Schedules. It shall be the policy of the Pueblo of Acoma to
allow on a case-by-case basis the inclusion of a compliance schedule in a
National Pollutant Discharge Elimination System (NPDES) permit issued to
an existing facility. Such a schedule of compliance will be for the purpose of
providing a permittee with adequate time to make treatment facility
modifications necessary to comply with water quality-based permit limitations
determined to be necessary to achieve water quality standards. Compliance
schedules may be included in NPDES permits at the time of permit
reissuance or modification and shall require compliance at the earliest
practicable time, not to exceed three years. Compliance schedules shall
also specify milestone dates so as to measure progress toward final project
completion.
Origins: Adopted by Tribal Council on September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 2005 in
Tribal Council Resolution No. TC-DEC-15-05-Vle.
Variances.
A. The Pueblo of Acoma Tribal Council may allow variances from these
standards on a case-by-case basis. A variance from the Pueblo's
criteria may be allowed in certain cases where the appropriateness of
the specific criterion is questionable. The variance provides a period
of time during which issues concerning the appropriateness of the
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criterion may be resolved and shall be valid for no more than three
years. Variances are not renewable but may be reissued upon
adequate justification. A variance shall be granted only after
appropriate public participation and review and approval by the
Environmental Protection Agency.
B. Variances from criteria will be allowed for anticipated non-attainment
of water quality standards due to one or more of the reasons listed in
40 CFR 131.10 (Use-attainability reasons). Variances from criteria
shall be for specific pollutants, time-limited, and shall not forego the
current designated use. Variances are to be issued instead of
removing a designated use for a water body where such use is not
now attainable but can be expected with reasonable progress toward
water quality.
Origins: Adopted by Tribal Council on September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 2005 in
Tribal Council Resolution No. TC-DEC-15-05-Vle.
Short-Term Exceedances. The Haaku Water Office, with consent from the
Tribal Council, may permit short-term activities that may cause temporary
exceedances of the water quality criteria if the Pueblo determines that these
activities are necessary to accommodate legitimate uses or emergencies or
to protect the public health and welfare. A short-term exceedance will only
be allowed for activities that are not likely to cause permanent or long-term
impairment of designated uses. They will be allowed for activities such as,
but not limited to, bank stabilization, wetlands restoration, algae and weed
control, hydrological studies that use tracers, or activities that result in overall
enhancement or maintenance of designated uses. Activities that could result
in adverse impact on any federally listed endangered or threatened species
or on the critical habitat of such species may preclude authorization of shortterm exceedances. Consideration may also be given to federal or Pueblo
proposed species. The Haaku Water Office shall specify the degree of
exceedance, the time limit, and where applicable, restoration procedures.
Nothing herein shall be intended to supersede existing Pueblo and federal
permitting processes or requirements.
Origins: Adopted by Tribal Council on September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 2005 in
Tribal Council Resolution No. TC-DEC-15-05-Vle.
Annotations: In 2005, the term “exceedances” replaced
the term “violations”, the term “criteria” replaced the term
“standards”, and the term “designated” replaced the term
“beneficial” throughout this section.
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15-3-14
15-3-15
Antidegradation Policy. The purpose of the Antidegradation Policy is to
maintain, protect, and restore the waters of the Pueblo of Acoma. This
policy assures the following:
A.
Existing uses shall be maintained and protected and the level of water
quality necessary to protect existing uses shall be maintained.
Where existing water quality exceeds levels necessary to support
propagation of fish and wildlife and recreation in and on the water,
that level of water quality shall nonetheless be maintained and
protected unless it is found, after full satisfaction of governmental and
public participation requirements, that a lower level of water quality is
required in order to accommodate important economic or social
development in the area of or upgradient of the waters. In no case
shall water quality be decreased below that necessary to fully
maintain the existing designated uses. In allowing such degradation
of water quality, the Pueblo of Acoma shall impose the most
protective statutory and regulatory requirements for point sources and
shall impose best management practices for nonpoint sources.
As high quality waters of exceptional recreational or ecological
significance are identified, the water quality and uses of those water
bodies shall be maintained and protected by controls on water quality,
maintenance of natural flow regimes, protection of instream habitats,
or other appropriate actions.
In those cases where potential water quality impairments associated
with thermal discharge are involved, the antidegradation policy and
implementation method shall be consistent with Section 316 of the
Clean Water Act, as amended (33 U.S.C. Section 1326 [1987)]).
Origins: Adopted by Tribal Council on September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 2005 in
Tribal Council Resolution No. TC-DEC-15-05-Vle.
Annotations: In 2005, the word “existing” was added
immediately before “designated uses” in the second
sentence of Section B. Also, the word “beneficial” was
deleted from the phrase “designated (beneficial) uses’ in
the second sentence of Section B.
Implementation Plan.
A.
The Haaku Water Office shall be responsible for implementing the
Pueblo of Acoma Water Quality Standards, including the
antidegradation policy, by maintaining controls on the introduction of
Pueblo of Acoma Laws 2003 (2015 Replacement)
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pollutants into surface waters and groundwaters. The Tribal Council
may adopt additional regulations for enforcement of these Standards.
NPDES permits shall be issued to dischargers within the Pueblo, and
these permits shall comply with these Standards.
To ensure compliance with these Standards and the Groundwater
Quality Protection Plan, the Haaku Water Office shall do the following:
1.
Monitor water and sediment quality to assess the effectiveness
of pollution controls and to determine whether water quality
standards are being attained.
Obtain information as to the impact of effluents on receiving
waters.
Advise prospective dischargers of discharge and/or permit
requirements.
Review the adequacy of the existing database and obtain
additional data when required.
Assess the probable impact of effluents on receiving waters in
light of designated uses and numeric and narrative standards.
Require the highest and best degree of wastewater treatment
that is economically achievable and commensurate with
protecting and maintaining designated or attainable uses and
existing water quality.
Develop water-quality-based effluent limitations and comment
on technology-based effluent limitations, as appropriate, for
inclusion in any federal permit issued to a discharger pursuant
to Section 402 of the Clean Water Act (33 US.C. Section
1342).
Require that these effluent limitations or any other appropriate
limitations applicable to mining or other activities be included
in any such permit as a condition for Pueblo certification
pursuant to Section 401 of the Clean Water Act (33 U.S.C.
Section 1341).
Coordinate water pollution control activities with other
constituent agencies and other local, state, and federal
agencies, as appropriate.
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10.
11.
12
13.
14.
15.
16.
17.
18.
19.
Develop and pursue inspection and enforcement programs in
order to (1) ensure that dischargers comply with requirements
of the Pueblo of Acoma Water Quality Standards and any
requirements promulgated thereunder and (2) support the
enforcement of federal permits by the EPA.
Coordinate with the Pueblo of Acoma Public Works
Department to provide continuing technical training for
wastewater treatment facility operators through training and
certification programs.
Coordinate with the Pueblo of Acoma Planning Department to
seek funds to assist in the construction of publicly owned
wastewater treatment facilities through the construction grants
and revolving funds program authorized by the Clean Water
Act (33 U.S.C. Section 1281) and other federal funds available
for the purpose.
In conjunction with other agencies, encourage voluntary
implementation of best management practices to control
nonpoint sources of pollutants to achieve compliance with the
Standards. |
Evaluate the effectiveness of best management practices
implemented to prevent or abate nonpoint sources of
pollutants.
Evaluate whether instream flows are sufficient to meet the
narrative and numeric criteria specified herein.
Require that surface water and groundwater withdrawals do
not cause impairment of surface water or groundwater bodies.
Examine existing and future Pueblo policies pertaining to
septic systems, solid waste disposal, range management
practices, and any other relevant activities to ensure that these
policies are sufficient to meet the criteria specified herein.
Recommend to appropriate Pueblo departments and/or the
Tribal Council management practices and policies that are
consistent with these Standards.
Ensure that groundwater withdrawals do not occur in quantities
that will cause degradation of springs or riparian habitat.
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15-3-16
20. Conduct an antidegradation analysis for regulated actions that
may potentially impair water quality as detailed in Appendix,
Table No. A-6.
21. Ensure that the provisions for public participation required by
the Clean Water Act and the Pueblo of Acoma Water Quality
Standards are followed.
22. Provide other technical support as necessary to accomplish
the objectives of these Standards.
23. Develop procedures for assessing use attainment.
24. Ensure wellhead protection zones are maintained to protect
groundwater quality.
Origins: Adopted by Tribal Council on September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 2005 in
Tribal Council Resolution No. TC-DEC-15-05-Vle.
Annotations: In 2005, Section B was modified to add the
“Groundwater Quality Protection Plan” as an additional
document for compliance purposes. Also, Section 8(20)
was modified by adding a new appendix, entitled
“Antidegradation Flow Chart’. Finally, Q(24) was inserted
as a new subsection.
Annotation: The Groundwater Quality Protection Plan may
be obtained by contacting the Haaku Water Office.
General Standards. The following General Standards apply to all surface
waters and groundwaters of the Pueblo of Acoma, including intermittent and
ephemeral streams. However, where Sections IV and V of this document set
stricter standards for designated water bodies, the stricter standards
supersede the General Standards.
A.
Stream and Lake Bottom Deposits. Surface waters shall be free from
contaminants (other than those resulting from natural causes) that
may settle and have a deleterious effect on the aquatic biota or that
will significantly alter the physical or chemical properties of the water
or the bottom sediments of streams or lakes.
Floating Solids, Oil, and Grease. Acoma waters shall be free from
objectionable oils, scum, foam, grease, and other floating materials
and suspended substances of a persistent nature resulting from other
than natural causes (including visible films of oil and globules of oil,
Pueblo of Acoma Laws 2003 (2015 Replacement)
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grease, or solids in or on the water, or coatings on stream banks). As
a guideline, oil and grease discharged shall not exceed 10 milligrams
per liter (mg/L) average or 15 mg/L maximum.
Color. Acoma waters shall be free from color-producing materials
(other than those resulting from natural causes) that create an
aesthetically undesirable condition. Color shall not impair the
designated or other attainable uses of a water body. Color-producing
substances from other than natural sources are limited to
concentrations equivalent to 70 color units (CU).
Odor and Taste. Contaminants from other than natural causes are
limited to concentrations that do not impart unpalatable flavor to fish,
that do not result in offensive odor or taste arising from the water, and
that do not otherwise interfere with the designated and other
attainable uses of a water body.
Nuisance Conditions. Plant nutrients or other substances stimulating
algal growth from other than natural causes shall not be present in
concentrations that produce objectionable algal densities or nuisance
aquatic vegetation, or that result in a dominance of nuisance species
instream, or that cause nuisance conditions in any other fashion.
When stricter requirements are not established elsewhere in these
Standards, the dissolved oxygen shall be maintained at 2 mg/L in
order to prevent nuisance conditions from other than natural causes.
Phosphorus and nitrogen concentrations shall not be permitted to
reach levels that result in man-induced eutrophication problems. As
a guideline, total phosphorus shall not exceed 100 micrograms per
liter (ug/L) in streams or 50 pg/L in lakes and reservoirs, except in
waters highly laden with natural silts or color that reduces the
penetration of sunlight needed for plant photosynthesis, or in other
waters where it can be demonstrated that algal production will not
interfere with or adversely affect designated and other attainable
uses. Alternative or additional nutrient limitations for surface waters
may be established by the Pueblo of Acoma and incorporated into
water quality management plans.
Pathogens. Waters shall be virtually free from pathogens (viruses,
bacteria, or parasites). Waters used for irrigation of table crops (e.g.,
lettuce) shall be free of salmonella and shigella species.
Turbidity. Turbidity attributable to other than natural causes shall not
reduce light transmission to a point at which aquatic biota are
inhibited or to a point that causes an unaesthetic and substantial
visible contrast with the natural appearance of the water. Specifically,
Pueblo of Acoma Laws 2003 (2015 Replacement)
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turbidity shall not exceed 5 nephelometric turbidity units (NTU; a
measure of turbidity in water) over background when background
turbidity is 50 NTU or less or, when background turbidity is more than
50 NTU, no more than a 10 percent increase over background
turbidity.
Mixing Zones. Where effluent is discharged into surface waters, a
continuous zone shall be maintained in which the water is of adequate
quality to allow the migration of aquatic life with no significant effect
on their population. The cross-sectional area of wastewater mixing
zones shall generally be less than one quarter of the cross-sectional
area or critical low-flow volume of the receiving stream. Mixing zones
in lakes may be assessed and limited on a case-by-case basis.
Mixing zones shall not overlap recreational or ceremonial use sites.
Water quality standards shall be maintained throughout zones of
passage. Zones of passage in lakes and intermittent streams may be
designated on a site-specific basis. The water quality in a zone of
passage shall not be permitted to fall below the standards for the
designated water body(ies) within which the zone is contained. With
regard to toxicity in mixing zones, see Subsection IIl.P. Mixing zones
are prohibited in ephemeral waters or where no water is available for
dilution.
Radioactive Materials. Concentrations of radioactive constituents
shall not exceed the concentrations caused by naturally occurring
materials. Specific numeric criteria for radioactive constituents are
listed in Appendix A, Table A-3.
Temperature. The introduction of heat by other than natural causes
shall not increase the temperature in a stream, outside a mixing zone,
by more than 2.7°C (5°F), based upon the monthly average of the
maximum daily temperatures measured at mid-depth or three (3) feet
(whichever is less) outside the mixing zone. In lakes, the temperature
of the water column or epilimnion (if thermal stratification exists) shall
not be raised more than 1.7°C (3°F) above that which existed before
the addition of heat of artificial origin, based upon the average of
temperatures taken from the surface to the bottom of the lake, or
surface to the bottom of the epilimnion (if stratified). The normal daily
and seasonal variations that were present before the addition of heat
from other than natural sources shall be maintained. In no case shall
man-introduced heat be permitted when the maximum temperature
specified for the reach (20°C [68°F] for cold water fisheries and
32.2°C [90°F] for warm water fisheries) would thereby be exceeded.
Privately owned lakes and reservoirs used in the process of cooling
water for industrial purposes may be classified using a less stringent
Pueblo of Acoma Laws 2003 (2015 Replacement)
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special-use standard for thermal components, provided, however, that
the water released from any such lake or reservoir into a stream
system meets the water quality standards of the receiving stream.
High water temperatures caused by unusually high ambient air
temperatures are not violations of these standards.
Salinity/Mineral_ Quality (total dissolved solids, chlorides, and
sulfates). Existing mineral quality shall not be altered by municipal,
industrial, and instream activities or by other waste discharges in a
manner that interferes with the designated or attainable uses for a
water body. Numerical criteria for inorganic constituents as defined
in Appendix A shall not be exceeded.
pH. The water quality standards for pH shown in Appendix A, Table
A-3 shall not be violated by other than natural causes.
Dissolved Oxygen. If a stream or lake is capable of supporting
aquatic biota, the dissolved oxygen standard will be a minimum of 5
mg/L.
Dissolved Gases. Surface water and groundwater shall be free of
nitrogen and other dissolved gases at levels above 110 percent
saturation when this super saturation is attributable to municipal,
industrial, or other discharges.
Fecal Coliform Bacteria. The water quality standards for fecal
coliform and E. coli bacteria shown in Appendix A, Table A-3 shall not
be exceeded.
Toxic Substances.
1. Toxic substances shall not be present in receiving waters in
quantities that are toxic to human, animal, plant, or aquatic life,
or in quantities that interfere with the normal propagation,
growth, and survival of the sensitive indigenous aquatic biota.
Within the mixing zone, there shall be no acute toxicity, and at
the edge of the mixing zone, there shall be no chronic toxicity.
For toxic substances lacking EPA-published criteria,
biomonitoring data may be used to determine compliance with
this narrative standard in accordance with EPA standard acute
and chronic biological test protocols. The requirements for
waters receiving toxic substances that are known to be
persistent, bioaccumulative, carcinogenic, and/or synergistic
with other waste stream components shall be addressed on a
case-by-case basis.
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Annotation: These protocols can be found in Methods for
Measuring the Acute Toxicity of Effluents and Receiving
Waters to Freshwater and Marine Organisms, EPA-821-R-
02-012, and in Short Term Methods for Estimating the
Chronic Toxicity of Effluents and Receiving Waters to
Freshwater Organisms, EPA-821-R-02-013. Additional
guidelines can be found in the EPA documents, Technical
Support Document for Water Quality-Based Toxics Control,
Post-Third Round Permitting Strategy (Region VI
document), and Quality Criteria for Water, 1986.
Should the Pueblo of Acoma need to derive numeric
criteria without actually conducting toxicity tests, it shall use
the AQUIRE (Aquatic Toxicity Information Retrieval)
database and EPA's guidance, Guidelines for Deriving
Numerical National Water Quality Criteria forthe Protection
of Aquatic Organisms and their Uses (Stephan et al., 1985,
PB85-227049), to calculate any criteria. If sufficient data
are not available to derive a numeric criterion following the
above guidance, the Pueblo may use the results of
toxicological studies to calculate a criterion based on the
following methods:
a. Concentrations of non-persistent toxic materials
shall not exceed concentrations that are chronically toxic
(as determined from appropriate chronic toxicity data or
calculated as 10% of LC, values) to representative
sensitive aquatic organisms.
b. Concentrations of persistent toxic materials that do
not bioaccumulate shall not exceed concentrations that are
chronically toxic (as determined from appropriate chronic
toxicity data or calculated as 5% of LC,, values) to
representative sensitive aquatic organisms.
c. Concentrations of toxic materials that
bioaccumulate shall not exceed concentrations that are
chronically toxic (as determined from appropriate chronic
toxicity data or calculated as 1% of LC,, values) to
representative sensitive aquatic organisms.
2. Toxicants in the receiving water known to be persistent,
bioaccumulative, carcinogenic, and/or synergistic with other
waste stream components may be addressed on a case-bycase basis.
3. The numerical water quality standards that apply for toxic
substances for specific uses are listed in Appendix A of these
Standards. As new documents addressing criteria for toxic
substances are published by EPA, these will become
incorporated into and made a part of Appendix A of these
Standards during triennial review, and the numeric criteria
Pueblo of Acoma Laws 2003 (2015 Replacement)
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Q.
established by EPA shall equally apply. Numeric criteria for
carcinogens will reflect a risk level of one in one million (10°°).
For specific segments where the above criteria may need to be
recalculated using appropriate species or water quality factors,
the Pueblo of Acoma may, after public participation and EPA
approval, adopt site-specific criteria modifications. Because
pesticides and polychlorinated biphenyls (PCBs) can
accumulate in bottom sediments and tissues of aquatic
organisms, sediment and tissue analyses shall be used when
appropriate to complement water analyses. Chemical
concentration levels in tissues of aquatic organisms that
exceed U.S. Food and Drug Administration (FDA) action levels
or risk-based tissue criteria shall require investigation.
Biological Integrity
1.
Biological integrity refers to the ability to support and maintain
a healthy and diverse community of organisms representative
of the natural habitat of the region.
Biological integrity shall be maintained within all waters of the
Pueblo of Acoma. Modifications through the addition of
pollutants or through physical alteration that adversely affect or
decrease the diversity and propagation of aquatic biota are not
allowed. Effects willbe measured by comparisons to upstream
conditions or other appropriately selected reference sites within
a comparable ecological region. Selected reference locations
will represent natural conditions in which indigenous aquatic
communities are healthy and can reproduce fertile offspring
(e.g., the Rio San Jose near Anzac Springs).
Origins: Reaffirmed by Tribal Council on December 15,
2005 in Tribal Council Resolution No. TC-DEC-15-05-Vle.
Annotations: In 2005, subsection Q was added.
15-3-17 Water Body Uses and Standards Specific to the Uses
A.
Applicability of Uses and Standards. The water quality standards
prescribed in this section and in Appendix A of these Standards apply
to all Pueblo of Acoma surface waters and groundwaters and their
tributaries. The numeric standards for toxic substances specific to the
uses are listed in Appendix A.
Specific Water Quality Uses and Standards. The water body uses for
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Page 15-18
the Pueblo of Acoma and standards specific to these uses are as
follows:
1.
Aquatic and Wildlife (cold water habitat) (A&W). A cold water
habitat is a stream reach, lake, or other water body where
water temperature and other characteristics are suitable for
support and propagation of animals, plants, and other
organisms, including salmonids. Standards specific to the use
are outlined in Appendix A.
Aquatic and Wildlife (warm water habitat) (A&W,). A warm
water habitat is a stream reach, lake, or other water body
where water temperature and other characteristics are suitable
for support and propagation of animals, plants, or other
organisms (excluding salmonids). Standards specific to the
use are outlined in Appendix A.
Aquatic and Wildlife (ephemeral) (A&W,). An ephemeral
habitat is a stream reach, lake, or other water body where
water temperature and other characteristics are periodically
suitable for support and propagation of animals, plants, or
other organisms (excluding salmonids). Standards specific to
the use are outlined in Appendix A.
Primary Contact Recreational Use (PCR). The use of a stream
reach, lake, or other water body for recreational or ceremonial
purposes by members of the Pueblo of Acoma. The
ceremonial use of water by members of the Pueblo of Acoma
requires protection of sensitive and valuable aquatic and
riparian habitat. This use may cause the human body to come
into direct contact with the water to the point of complete
submergence. The use is such that intentional or accidental
ingestion of the water is likely to occur and certain sensitive
body organs, such as the eyes, ears or nose, may be exposed
to direct contact with the water. Standards specific to the use
are outlined in Appendix A. In addition to those standards, the
open water shall be free from concentrations of algae that
cause a nuisance condition or gastrointestinal or skin
disorders.
Partial Body Contact (PBC). Partial body contact means the
use of a stream reach, lake, or other water body in which
contact with the water may, but need not, occur and in which
the probability of ingesting water is minimal; examples are
fishing and boating. Standards specific to the use are outlined
Pueblo of Acoma Laws 2003 (2015 Replacement)
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in Appendix A, Table A-3. In addition, the open water shall be
free from concentrations of algae that cause a nuisance
condition or gastrointestinal or skin disorders.
Agricultural Irrigation (Ag!) and Agricultural Livestock Watering
(AgL). Agricultural irrigation means the use of surface waters
or groundwaters for irrigation of crops. Agricultural livestock
watering means the use of surface waters or groundwaters as
a supply for water consumption by livestock. Standards
specific to the uses are outlined in Appendix A, Table A-3.
Fish Consumption (FC). Fish consumption is the use ofa
surface water by humans for harvesting aquatic organisms for
consumption. Harvestable aquatic organisms include, but are
not limited to, fish, turtles, freshwater shellfish, and frogs.
Standards specific to the use are listed in Appendix A.
Groundwater Recharge (GWR). Groundwater recharge use
means any surface water that recharges groundwater. Surface
waters designated as groundwater recharge must meet the
standards for the aquifer being recharged as well as the
surface water standards. Standards specific to the use are
listed in Appendix A, Table A-3.
Domestic Water Source (DWS). Domestic water source is the
use of a Pueblo surface water or groundwater as a potable
water supply. Standards specific to the use are presented in
Appendix A, including the human health criteria shown in Table
A-1 and the standards shown in Table A-3.
Origins: Adopted by Tribal Councilon September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 2005 in
Tribal Council Resolution No. TC-DEC-15-05-Vle.
15-3-18 Designated Uses for Water Bodies of the Pueblo of Acoma. The designated
uses for specific water bodies of the Pueblo of Acoma are as set forth below.
A.
Streams. The uses for the Rio San Jose upstream of Acomita Lake
are A&W,,, Agl, AgL, PCR, and FC. The use for the Rio San Jose
downstream of Acomita Lake are A&W, Agl, AgL, and PBC. The
uses for all other perennial, intermittent and ephemeral streams that
pass through the Pueblo of Acoma, including all tributaries, branches,
springs, standing water, and wetlands thereof, are A&W,, GWR, Agl,
AgL, and PBC.
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Lakes. The uses that apply to Acomita Lake are A&W,, AgL, Agl,
PCR, and FC. The uses that apply to all other manmade lakes and
ponds are AgL and PBC. The uses that apply to all natural lakes and
ponds are A&W,, AgL, and PBC.
C. Springs. The designated uses for springs on the Pueblo of Acoma
are A&W, PCR, and DWS.
D. Groundwater. The uses are listed below for groundwater on the
Pueblo of Acoma.
Name Designated Use
Alluvium/basalt DWS, Agl, AgL
Sandstone aquifer DWS, Agl, AgL
San Andres/Glorieta DWS, Agl, AgL
Origins: Adopted by Tribal Council on September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 2005 in
Tribal Council Resolution No. TC-DEC-15-05-Vvle.
Annotation 1: Where streams designated A&W, are
perennial in specific localities, such as below spring
discharges, the A&W,, and FC designations shall also
apply.
Annotation 2: “GWR" the groundwater recharge
designation shall apply only at locations within 2,000 feet of
a drinking water supply well or within another designated
wellhead protection zone.
Annotation 3: “Agl" the Agricultural irrigation use
designation shall apply except in specific localities where
it can be demonstrated that no irrigation use is occurring.
Annotation 4: “Alluvuim basalt" means quaternary mixed
alluvium and basalt.
Annotation 5: “DWS" means the drinking water standard
use designation shall apply only at locations within 2,000
feet of a drinking water supply well or within another
designated wellhead protection zone.
Annotation 6: Agl, and AglL means the Agricultural
irrigation and livestock use designations shall apply at all
locations within the aquifer, unless a site-specific variance
is granted.
Annotation 7: Sandstone Aquifer means Jurassic
sandstones including the Zuni Sandstone, San Rafael
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15-3-19
Group/Bluff Sandstone, Summerville Formation, Todilto
Limestone, Entrada Sandstone.
Annotation 8: San Andres/Glorieta means Permian San
Andres Limestone and Glorieta Sandstone.
Sampling and Analyses
A.
Methodology. Sample collection, preservation, and analysis used to
determine water quality and to maintain the standards set forth in
Sections Ill and IV of these Water Quality Standards shall be
performed in accordance with procedures prescribed by the latest
EPA authoritative analytical reference and Pueblo of Acoma Quality
Management Plan
Annotation: Authoritative analytical references include but
are not limited to the latest editions of any of the following
authorities:
AMERICAN PUBLIC HEALTH ASSOCIATION, Standard Methods
for the Examination of Water and Wastewater.
ENVIRONMENTAL MONITORING AND SUPPORT LABORATORY,
Methods of Chemical Analysis of Water and Wastes (U.S.
Environmental Protection Agency Office of Research and
Development, Cincinnati, Ohio, 1983).
U.S. ENVIRONMENTAL PROTECTION AGENCY, Guildelines
Establishing Test Procedures for the Analysis of Pollutants
(40 CFR Part 136).
Quality Management Plan for Environmental Programs of
the Pueblo of Acoma, 1998 and any updated versions.
The Pueblo of Acoma Quality Assurance Project Plan for
Water Quality Monitoring, 1999 and any updated versions.
Methods for Determination of Inorganic Substances in
Water and Fluvial Sediments (Techniques of Water-
Resource Investigations of the U.S. Geological Survey).
Methods for the Determination of Organic Substances in
Water and Fluvial Sediments (Techniques of Water-
Resource Investigations of the U.S. Geological Survey).
Bacteriological Surveys. When a minimum of five samples are
collected in a thirty (30) day period, the monthly geometric mean is
used in assessing attainment of standards. When fewer than five (5)
samples are collected in a thirty (30) day period, no single sample
shall exceed the applicable upper limit for bacterial density set forth
in Section IV.
Sampling Procedures.
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15-3-20
1. Streams: Stream monitoring stations below waste discharges
shall be located a sufficient distance downstream to ensure
adequate vertical and lateral mixing.
2. Lakes: Sampling stations in lakes, including reservoirs and
other water bodies, shall be located where the attainment of a
water quality standard is to be assessed, but at least two
hundred fifty (250) feet from a waste discharge. Water quality
measurements shall be taken at depth intervals in the water
column at a sampling station. For toxic substances and
nutrients, the entire water column shall be monitored. For
dissolved oxygen in stratified lakes, measurements shall be
made in the epilimnion. In nonstratified lakes, measurements
shall be made at intervals throughout the entire water column.
Biological Surveys. Any biological assessment program shall be
established in accordance with EPA's Rapid Bioassessment Protocols
for Use in Streams and Wadeable Rivers: Periphyton, Benthic
Macroinvertebrates and Fish (EPA-841-B-99-002) or other
established procedures. As needed, artificial collection sites shall be
installed in lowland stream beds to determine potential species
diversity under improved stream conditions.
Origins: Adopted by Tribal Council on September 28, 1998
in Tribal Council Resolution No. TC-SEP-23-98-1A.
Reaffirmed by Tribal Council on December 15, 2005 in
Tribal Council Resolution No. TC-DEC-15-05-Vle.
Annotations: In 2005, the reference cited in subsection C
was updated with the proper title and source.
Definitions. Unless otherwise provided, or unless the context requires
another definition, the definitions set forth in this chapter shall apply to the
terms used throughout these Standards.
A.
“Acute Toxicity” means toxicity that exerts short-term lethal impacts
on representative organisms with a duration of exposure generally
less than or equal to 48 hours. Acute Toxicity shall be determined in
accordance with procedures specified in EPA-821-R-02-012, Methods
for Measuring the Acute Toxicity of Effluents to Freshwater and
Marine Organisms. Other methods may be used as appropriate to
determine acute effects other than lethality such as, but not limited to,
behavioral changes or immobilization.
Annotations: |n 2005, the reference cited in subsection A
was updated with the proper title and source.
Pueblo of Acoma Laws 2003 (2015 Replacement)
Page 15-23
“Agricultural irrigation” means the use of a water for the irrigation of
crops.
“Agricultural livestock watering” means the use of a water as a supply
of water for consumption by livestock.
“Algae” means simple plants without roots, stems, or leaves that
contain chlorophyll and are capable of photosynthesis.
“Annual mean” means the arithmetic mean of monthly values
determined over a consecutive 12-month period, provided that
monthly values are determined for at least 3 months. The monthly
value shall be the arithmetic mean of all values determined in a
calendar month.
“Antidegradation” means the policy set forth in the Pueblo of Acoma
Water Quality Standards whereby existing uses and the level of water
quality necessary to maintain those uses is protected (see 40 CFR
Section 131.12 (1987)).
“Aquatic and wildlife (cold water habitat)” means the use of a surface
water where water temperature and other characteristics are suitable
for propagation of cold water fish by animals, plants, or other
organisms, including salmonids, for habitation, growth, or propagation.
“Aquatic and wildlife (ephemeral)” means the use of an ephemeral
water by animals, plants, or other organisms, excluding fish, for
habitation, growth, or propagation.
“Aquatic and wildlife (warm water habitat)” means the use of a surface
water where water temperature and other characteristics are suitable
for propagation of warm water fish, animals, plants, or other
organisms, excluding salmonids, for habitation, growth, or
propagation.
“Aquatic biota” means animal and plant life in the water.
“Attainable use” means a use of a surface water or groundwater body
that has the level of water quality and other characteristics that are
needed to support the use, or which would have the level of water
quality and other characteristics needed to support the use upon
implementation of and compliance with the pertinent narrative and
numeric standards in the Pueblo of Acoma Water Quality Standards.
“Best management practices (BMPs)” means schedules of activities,
prohibitions of certain practices, implementation of maintenance
procedures, or other measures or practices approved by the Pueblo
Pueblo of Acoma Laws 2003 (2015 Replacement)
Page 15-24
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