# RINCON BAND OF LUISEÑO MISSION INDIANS

> Briefs, arguments, decisions, and more.

URL: https://www.frixlaw.com/law-library/documents/tribal%3Arincon_luiseno%3A8c3180f00c7365b3

## Record

- **Collection:** Tribal code
- **Document type:** Tribal code

## Text

RINCON BAND OF LUISEÑO MISSION INDIANS
RINCON INDIAN RESERVATION, CALIFORNIA

RINCON WATER RESOURCES PROTECTION
ORDINANCE
RINCON TRIBAL CODE § 8.900
Adopted on January 30, 2013

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

Table of Contents
GENERAL PROVISIONS ............................................................................................... 3
§ 8.901 Findings ............................................................................................................ 3
§ 8.902 Purposes ............................................................................................................ 4
§ 8.903 Definitions......................................................................................................... 5
§ 8.904 Applicability ................................................................................................... 20
WELLHEAD PROTECTION ....................................................................................... 22
§ 8.905 Findings and Purpose ...................................................................................... 22
§ 8.906 Establishment of Wellhead Protection Areas ................................................. 22
§ 8.907 Policy on the Control of Water Quality with Respect to On-Site Waste ........ 26
§ 8.908 Permit for Use Required ................................................................................. 33
§ 8.909 Prohibited Uses and/or Activities in Wellhead Protection Areas ................... 33
§ 8.910 Conditional Uses or Activities ........................................................................ 34
§ 8.911 Approval of Permits for Conditional Uses or Activities ................................. 34
§ 8.912 Requirements for Wells .................................................................................. 35
§ 8.913 Abandoned Wells ............................................................................................ 43
§ 8.914 Existing Nonconforming Uses ........................................................................ 46
STREAM AND WETLAND MANAGEMENT ........................................................... 46
§ 8.915 Findings and Purpose ...................................................................................... 46
§ 8.916 Tribal Jurisdiction over Streams and Wetlands on the Rincon Reservation ... 47
§ 8.917 [Reserved] ....................................................................................................... 48
WATER QUALITY STANDARDS .............................................................................. 48
§ 8.918 Findings and Purpose ...................................................................................... 48
§ 8.919 Non-Point Source Management Program ....................................................... 49
§ 8.920 Rule-Making Authority................................................................................... 50
PROHIBITED ACTS, ENFORCEMENT, REVIEW, AND APPEALS ................... 51
§ 8.921 Notice of Violation; Emergency Orders ......................................................... 51
MISCELLANEOUS ....................................................................................................... 52
§ 8.922 No Waiver of Sovereign Immunity................................................................. 52
§ 8.923 Severability ..................................................................................................... 52

Adopted 1/30/13
PAGE 2

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

GENERAL PROVISIONS

§ 8.901

FINDINGS

The Rincon Band of Luiseño Mission Indians is a federally recognized Indian
tribe which exercises jurisdiction over the lands within the external boundaries of the
Rincon Reservation, consistent with its Articles of Association and Tribal Laws and the
Constitution and laws of the United States and finds as follows:
(a) All Rincon Band tribal reserved water rights are held by it in trust to fulfill
the purposes of the Rincon Reservation as a permanent, economically productive
homeland for the Rincon people and for certain inalienable public and cultural uses.
(b) The rights of the Rincon Band to water reserved pursuant to the Executive
Order of the President issued on March 2, 1881, the Mission Indian Relief Act, 26 Stat.
712 (1891), the trust patent issued by the President on September 13, 1892, the Act of
Congress of August 16, 1941, 55 Stat. 622, the February 12, 1968 Order setting aside
land for the Rincon Band and the trust patent issued on January 20, 1971, which
established and added to the Rincon Reservation, shall be protected and preserved, and
nothing in this Ordinance shall be deemed to be a waiver or limitation on these rights.
(c) The reserved water rights of the Rincon Band apply as a matter of law to
both surface and ground water to the extent needed to accomplish the purposes of the
Rincon Reservation.
(d) The ground water resources of the Rincon Reservation are insufficient to
fulfill the present and future homeland purposes of the Rincon Reservation.
(e) The power to determine, control, and manage the proper uses of all Rincon
Reservation Water, including all tribal reserved water rights, is an essential attribute of
sovereignty and belongs to the Rincon Band.
(f) Adequate supplies of clean water are vital to the health and welfare of the
Rincon Band and its members, other Rincon Reservation residents, and to the vitality of
the Rincon Reservation economy.
(g) Protection of the public interest in surface and ground water resources of
adequate quantity and quality requires the development and effective implementation of
integrated land and water resource management programs and coordination of this
Adopted 1/30/13
PAGE 3

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

Ordinance with other environmental and resource protection laws, including, but not
limited to, the Utilities Ordinance, the Environmental Enforcement Ordinance, Rincon
land use and zoning ordinances, the U.S. Clean Water Act, Safe Drinking Water Act,
National Environmental Policy Act, Endangered Species Act, and other applicable Tribal
Laws and federal laws.
§ 8.902

PURPOSES
The purposes of this Ordinance are:

(a) to protect the health and welfare of all members of the Rincon Band and
other Rincon Reservation residents;
(b) to support and help achieve the Rincon Band’s spiritual, cultural, and
economic goals through the protection, enhancement, and restoration of Rincon
Reservation Water;
(c) to protect the political integrity and economic security of the Rincon Band
through an effective, orderly system for the administration, use, conservation, and
management of all Rincon Reservation Water, including all Rincon Band tribal reserved
water rights;
(d) to protect Rincon Reservation Water from over-appropriation,
Degradation, Contamination, and any acts injurious to the quantity, quality, or integrity of
the water;
(e) to promote optimal use, recharge, and protection of Aquifers to supply
beneficial uses;
(f) to ensure that the Rincon people have sufficient water quantity and quality
for cultural, domestic, economic development, navigation, agricultural, stock, ecological
flow, municipal, industrial, and other uses; to ensure that the Rincon Band has sufficient
water quantity and quality for Rincon Reservation uses now and for generations to come;
and to ensure equitable and culturally appropriate water allocation at all times including
during times of low water availability;

Adopted 1/30/13
PAGE 4

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(g) to encourage planned development and multiple use of the Rincon
Reservation Water resources, promote stability of investment in water use and delivery
systems, and permit all reasonable beneficial uses;
(h) to provide for the orderly resolution of disputes over the management,
administration, and permitting of Rincon Reservation Water under this Ordinance;
(i) to coordinate the administration and environmental protection of Rincon
Reservation Water with other governmental agencies or bodies performing related duties
and responsibilities affecting Rincon Reservation Water, such as the Rincon Tribal
Administration, the Rincon Environmental Department, the Rincon General Services, the
U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, the
California State Water Resources Control Board, the California Department of Health,
and local governmental agencies.
§ 8.903

DEFINITIONS
The following terms have the following meanings in this Ordinance:

(a) “Acre-foot” means the quantity of water required to cover one acre to a
depth of one foot; one acre-foot of water equals 43,560 cubic feet or 325,851 gallons of
water.
(b) “Adjacent Wetlands” means wetlands bordering, contiguous, or
neighboring “waters of the United States” as defined by 33 C.F.R. part 328, as amended
from time to time.
(c) “Affected person” means any Person directly affected by a final decision,
order, or action issued or taken by the Manager or Tribal Council under this Ordinance.
(d) “Agriculture” means activity related to the production of horticultural,
silvicultural, viticultural, foricultural, dairy, apiary, vegetable, or animal products; or of
berries, grain, hay, straw, turf, seed, Christmas trees, hybrid poplar trees, or livestock.
(e) “Aquifer” means an underground geological formation, or group of
formations, containing usable amounts of ground water that can supply wells and springs.

Adopted 1/30/13
PAGE 5

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(f) “Aquifer Storage Volume” means a quantitative estimate of the volume
of ground water in an Aquifer based on the best available technical information and
sound scientific principles.
(g) “Beneficial use” means the use of water for purposes that include, but are
not limited to, the following: aesthetics; agricultural use; aquaculture and fish
propagation; commercial use; cultural, religious and spiritual uses; domestic use; fire
protection; ground water recharge; hydropower generation; industrial use; ecological
flow uses; mineral resource development; municipal use; navigation; Pollution control;
recreational use; resource development; stock water use; storage, transfer, and marketing;
water quality; and wildlife Habitat.
(h) “Best Management Practices (BMPs)” means the state of the art,
recommended physical, structural, and/or managerial actions that, when used singly or in
combination, prevent or reduce Degradation or Contamination of the environment.
(i) “Buffer” means the area around a stream or wetland that is required to
protect and maintain the functions and stability of the stream and/or wetland, generally
between twenty-five (25) and one-hundred (100) feet wide.
(j) “Contaminant” means any chemical, physical, biological, thermal, or
radiological substance or matter that has an adverse effect on air, water, or soil.
(k) “Contamination” means the presence of any harmful or deleterious
substance that may pose a threat to the quality, purity, or safety of a water supply.
(l) “Contiguous Wetlands” means wetlands that are connected to waters of
the Rincon Reservation or other geographic features (e.g., open space) by any of the
following criteria:
(1) All or part of the wetland lies within the 100-year floodplain of
waters of the Rincon Reservation;
(2) Hydric soil and Hydrophytic vegetation extend continuously to
waters of the Rincon Reservation or other pertinent geographic
features; or

Adopted 1/30/13
PAGE 6

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(3) Sufficient evidence exists to conclude the wetland is
hydrologically connected and is immediately adjacent to waters of the
Rincon Reservation or other pertinent geographic features.
(m)“Cultural instream uses” means use of water in a stream to fulfill
cultural, traditional, spiritual, or religious needs of the Rincon Band, as approved by the
Tribal Council.
(n) “Cumulative impact” means the impact on the environment that results
from the incremental impact of the action when added to other past, present, and
reasonably foreseeable future actions regardless of what agency (Federal or non-Federal)
or Person undertakes such other actions. Cumulative impacts can result from individually
minor but collectively significant actions taking place over a period of time.
(o) “Degradation” means the lowering of, or threat of lowering, water quality
or the quality of the natural environment by an increase in Contaminants or Pollution or
by a decrease in the ecological quality of the environment (e.g. vegetative community
changes via harvest activity or invasion of non-native plants).
(p) “Delineation” means a formal, on-site process to identify the boundary
between a wetland and the surrounding upland or plume and surrounding groundwater.
The Delineation may be based on the methodology in the currently and federally
accepted edition of the "Federal Manual for Identifying and Delineating Jurisdictional
Wetlands,” as amended from time to time, and any other applicable Tribal Law,
including, but not limited to, the Rincon Hazardous Material Control Ordinance, RTC §
8.600, as the same may be amended from time to time.
(q) “Discharge” means the volume of water that passes a point per a given
unit of time and is commonly expressed in units of cubic feet per second, cubic meters
per second, gallons per minute, gallons per day, or millions of gallons per day.
(r) “Drainage” means the collection, conveyance, containment, and/or
discharge of surface or ground water, including storm water runoff.
(s) “Drainage facility” means a system of collecting, conveying, containing,
storing, and/or discharging surface water, ground water, or storm water runoff, including,
but not limited to, all conveyance and containment facilities such as streams, pipelines,
channels, ditches, swamps, lakes, wetlands, closed depressions, infiltration facilities,
Adopted 1/30/13
PAGE 7

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

retention/detention facilities, erosion/sedimentation control facilities, and other similar
structures and appurtenances, both natural and man-made.
(t) “Draining” means artificially changing ground or surface water wetland
hydrology by constructing or enhancing drainage (i.e., making the site/area less wet),
including widening streams, constructing or widening ditches, or installing drains (e.g.,
tiles).
(u) “Ecological flow regime” means the combination of instream flow levels
needed over various time periods to preserve, protect, and restore the physical, biological,
and chemical aspects of water. The ecological flow regime can be divided into five
functional categories as applicable: 1) Water Quality Maintenance, 2) Fisheries Baseflow,
3) Channel Maintenance, 4) Riparian Maintenance, and 5) Valley Maintenance.
(1) The Water Quality Maintenance flow is the quantity of water
needed to assimilate wastewater and still achieve compliance with
applicable water quality standards.
(2) The Fisheries Baseflow is the minimum instream flow needed to
support fish populations during different life stages.
(3) The Channel Maintenance flow is the minimum amount of water
needed to perform processes such as sediment transport. Channel
Maintenance flows impact the long-term characteristics of aquatic
Habitat such as the quantity and quality of pools and riffles.
(4) Riparian Maintenance flows are the flows needed to maintain a
productive plant and animal community along the stream corridor.
(5) Valley Maintenance flows are catastrophic flood events and are
generally not quantified.
(v) “Emergency” means an occurrence or condition calling for immediate
action to avert imminent danger or harm to life, health, property, or environment.
(w) “Enhancement” means actions performed to improve the condition of
existing degraded or naturally impaired streams, wetlands, or Buffers so that they provide
more functions and/or functions of higher quality.
Adopted 1/30/13
PAGE 8

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(x) “Filling” means the depositing of any material on a site that raises the
surface level of the land or the bed of a body of water above its prior or natural elevation.
(y) “Functions” means the roles that a natural area performs within the
ecosystem. Stream, wetland, and/or Buffer functions are attributes that contribute to the
ecological, hydrological, social, cultural, and/or economic systems that surround and
include the natural area. Stream, wetland, and/or Buffer functions include, but are not
limited to, the following features:
(1) Erosion control, soil conservation, and shoreline stabilization,
especially along shorelines and streambanks where wetland vegetation
reduces water velocity;
(2) Surface and ground water storage and recharge, storm-water
management, flood storage, and stream base-flow contribution;
(3) Water-quality improvement via filtration and settling of sediment,
turbidity reduction, re-oxygenation, chemical and biological nutrientcycling, Contaminant reduction, and moderation of water temperature;
(4) Micro-climatic influence on temperature and moisture;
(5) Flora and fauna Habitat for numerous species, including plants of
cultural importance, fish, frogs and other amphibians, songbirds,
waterfowl, raptors, and various mammals, many of which are directly
dependent on wetlands and streams for survival during at least part of
their life cycle;
(6) Tribal cultural uses;
(7) Recreational opportunities, such as swimming, boating, fishing,
nature-watching, walking along interpretive trails, and enjoying view
overlooks; and
(8) Open space, backdrops, and natural borders, which help separate
various land uses and provide Buffers from incompatible uses. Open
space relieves overcrowding and often is aesthetically pleasing.
Adopted 1/30/13
PAGE 9

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(z) “Ground water” means all water that exists beneath the earth surface or
beneath any surface water body, regardless of the geological formation or structure in
which such water stands, flows, percolates, or otherwise moves.
(aa) “Ground water recharge area” means the land surface area where
precipitation infiltrates through surface soil materials and into the ground. Recharge may
also occur from surface waters, including lakes, streams, and wetlands. Ground water
recharge areas are called “aquifer recharge areas” when the ground water contributes to
an Aquifer.
(bb) “Habitat” means the specific area or environment in which specified
plants or animals live.
(cc) “Hazardous Material” means:
(1) Any "dangerous waste", defined as any discarded, useless,
unwanted, or abandoned substances disposed of in such quantity or
concentration as to pose a present or potential hazard to human health,
wildlife, or the environment because such wastes or constituents or
combinations of such wastes:
(A) Have short-lived, toxic properties that may cause death,
injury, or illness or have mutagenic, teratogenic, or carcinogenic
properties; or
(B) Are corrosive, explosive, flammable, or may generate
pressure throughout decomposition or other means.
(2) Any "hazardous waste," defined as any waste which:
(A) Will persist in a hazardous form for three (3) years or more
at a disposal site; and
(B) While in its persistent form:

Adopted 1/30/13
PAGE 10

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(i) Presents a significant environmental hazard and may
be concentrated by living organisms through a food chain
or may affect the genetic makeup of people or wildlife; or
(ii) Is toxic to people or wildlife; or
(iii) Adversely affects living organisms in soil, sediment,
and water, or air; or
(C) If disposed of at a disposal site in such quantities or
concentrations as might present a hazard to people or the
environment.
(3) Any substance included as a “listed waste” under 40 CFR §261.30
through 261.33.
(4) Any substance classified as a “characteristic waste” defined in the
40 CFR §261.20 through §261.24 as exhibiting one of four hazardous
characteristics: Ignitable; Corrosive; Reactive (or explosive); or,
Toxic.
(5) Any liquid, solid, gas, or sludge, including any material, substance,
product, commodity, or waste, regardless of quantity, that exhibits any
of the hazardous characteristics: Ignitable; Corrosive; Reactive (or
explosive); or, Toxic.
(6) Any substance that is a hazardous substance pursuant to 42 U.S.C.
§ 9601(14).
(7) Petroleum or petroleum products.
(D) The term Hazardous Material does not include crude oil or
any fraction thereof or petroleum when contained in an
underground or aboveground storage tank from which there is
not a release, if the tank is in compliance with all applicable
federal and Tribal laws.

Adopted 1/30/13
PAGE 11

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(8) Any substance or category of substances, including solid waste
decomposition products, determined by the RED to present a threat to
human health or the environment if released into the environment.
(dd) “Hydraulic head” means the height of water above any plane of
reference; “Hydraulic head” also means the energy, either kinetic or potential, possessed
by each unit weight of a liquid, expressed as the vertical height through which a unit
weight would have to fall to release the average energy possessed.
(ee) “Hydric soil” means a soil that, if in an undrained condition, is saturated,
flooded, or ponded long enough during the growing season to develop anaerobic
(oxygen-lacking) conditions that favor the growth and regeneration of wetland
(Hydrophytic) vegetation. Identification of hydric soils shall be based on the
methodology in the current and federally accepted edition of the "Federal Manual for
Identifying and Delineating Jurisdictional Wetlands."
(ff) “Hydrologist” means a Person professionally qualified by education and
experience in the science of hydrology, or the science of water that is concerned with the
organ, circulation, distribution, and properties of waters of the earth.
(gg) “Hydroperiod” means the seasonal timing, frequency, and duration of
the water level in a wetland.
(hh) “Hydrophytic vegetation” means plants that are adapted to growth in
water or in a substrate that is at least periodically lacking in oxygen as a result of
excessive water content. Identification of Hydrophytic vegetation shall be based on the
methodology in the current and federally accepted edition of the "Federal Manual for
Identifying and Delineating Jurisdictional Wetlands."
(ii) “Illicit discharges” mean any non-storm water discharges to storm
water drainage systems that could cause or contribute to a Degradation of water quality,
sediment quality, or ground water quality, including, but not limited to, sanitary sewer
connections, industrial processwater, interior floor drains, car washing, and iron grate
systems.
(jj) “Impervious surface” means a hard surface area that either prevents or
retards the entry of water into the soil compared to conditions before development, and/or
a hard surface area that causes water to run off the surface in greater quantities or at an
Adopted 1/30/13
PAGE 12

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

increased rate of flow relative to conditions before development. Common impervious
surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking
lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials,
and oiled, macadam, or other surfaces which similarly impede the infiltration of storm
water. Open, uncovered retention/detention facilities shall not be considered impervious
surfaces.
(kk) “Individual on-site waste treatment sewage disposal system“ means
an on-site system for sewage disposal from an individual structure including residential
home, school, library, tribal administration building, other administrative building or
similar type structure or building that does not include any waste from any industrial
process.
(ll) “Industrial process” means those industries identified in the Standard
Industrial Classification Manual, Bureau of the Budget, 1967, as amended and
supplemented, under the category of “Division D—Manufacturing” and such other
classes of significant Hazardous Material or waste producers as the Tribal Council or
RED designates.
(mm) “Isolated Wetlands” means non-tidal wetlands not part of a surface
tributary system to intrastate or navigable waters of the United States and are no adjacent
to such tributary waterbodies.
(nn) “Land-disturbing activity” means any activity resulting in a change in
the existing soil cover (both vegetative and nonvegetative) and/or the existing soil
topography. Land-disturbing activities include, but are not limited to, demolition,
construction, clearing, grading, filling, and excavation.
(oo) “Manager” means the Manager of the Rincon Environmental
Department (RED).
(pp) “Mitigation” means, in the following order of preference:
(1) avoiding adverse impacts on the environment and Rincon
Reservation Water altogether by not acting or failing to act;
(2) minimizing adverse impacts on the environment and Rincon
Reservation Water by limiting the degree or magnitude of the action
Adopted 1/30/13
PAGE 13

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

and its implementation, by using appropriate technology or by taking
affirmative steps to avoid or reduce adverse impacts;
(3) rectifying the adverse impacts on the environment or Rincon
Reservation Water by repairing, rehabilitating, or restoring the affected
environment or water resource;
(4) reducing or eliminating the adverse impacts on the environment or
Rincon Reservation Water over time by Preservation and maintenance
operations during the action; and
(5) compensating for the adverse impacts on the environment and
Rincon Reservation Water by replacing, enhancing, or providing
substitute water resources or environments.
(qq) “Mitigation bank” means a system or arrangement in which a property
or properties are protected in perpetuity and approved by appropriate tribal and federal
agencies expressly for the purpose of providing compensatory Mitigation in advance of
authorized impacts to other areas through restoration, creation, and/or enhancement of
wetlands and, in exceptional circumstances, through Preservation of wetlands, wetland
Buffers, and/or other aquatic resources.
(rr) “Native vegetation” means plant species, other than noxious weeds,
that are indigenous to similar environments within Southern California (i.e., plants that
occur (or occurred) naturally in the area and that reasonably could have been expected to
naturally occur on the site).
(ss) “New development” means the following activities: land-disturbing
activities, structural development (including construction, installation, or expansion of a
building or other structure), creation of impervious surfaces, general forest practices that
are conversions from timber land to other uses, and subdivision and short subdivision of
land. All other forest practices and commercial agriculture are not considered new
development.
(tt) “Nonpoint-source pollution” means pollution that, in response to
precipitation, enters the surface water, ground water, or other elements of the natural
environment from diffuse (e.g. automobiles, pesticides, applications, construction sites,
animal waste, and Habitat alteration) sources and not from a specific point source.
Adopted 1/30/13
PAGE 14

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(uu) “Ongoing agricultural activity” means agricultural activities
(including grazing, tilling, planting, and other activities) that are ongoing as long as the
area on which they are conducted has not been converted to another use or has lain idle
so long that modifications to the hydrology are necessary to resume operation. Any lands
that have been idle for five years or longer will no longer be considered as lands with
"ongoing" agricultural activities. This definition should be interpreted in line with that of
the U.S. Department of Agriculture and shall not be interpreted in any way to regulate
any adjudicated water right or interest of an allottee, or allotment in trust status, on the
Rincon Reservation.
(vv) “Ordinance” means this
Ordinance, as amended from time to time.

Rincon

Water

Resources

Protection

(ww) “Ordinary high water mark” means the mark on the shores of all
surface waters that is found by examining the bed and banks and ascertaining where the
presence and action of waters are so common and usual, and so long continued in all
ordinary years, as to mark upon the soil a character distinct from that of the abutting
upland in respect to vegetation (i.e., the vegetation line), provided that, in any area where
the ordinary high water mark cannot be found, the ordinary high water mark adjoining
salt water shall be the elevation of the vegetation line determined from a sample of
nearby sites where the vegetation line can be ascertained.
(xx) “Person” means any Person or entity, natural or artificial, including,
but not limited to, any tribal member, assignee, individual, firm, association,
organization, partnership, business trust, corporation, company, the United States of
America and all agencies thereof, the State of California and all political subdivisions,
municipal corporations, organizations, and public agencies thereof, and the Rincon Band
and all political subdivisions, organizations, and public agencies thereof.
(yy) “Point-source pollution” means pollution that enters the surface water,
ground water, or other elements of the natural environment from a stationary location or
single identifiable source (e.g., the end of a pipe).
(zz) “Pollution” means the presence of matter, energy, Contamination, or
other alteration of the physical, chemical, or biological properties of water or land whose
nature, location, or quantity produces undesired environmental effects, including, but not
limited to, changes in aesthetics, temperature, taste, color, turbidity, or odor of the waters,
Adopted 1/30/13
PAGE 15

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

or such discharge of any liquid, gaseous, solid, radioactive, or other substance into any
waters as will or threatens to render such waters harmful, detrimental, or injurious to the
public health, safety, or welfare, or to cultural, spiritual, domestic, commercial, industrial,
agricultural, recreational, or other legitimate beneficial uses, or to livestock, wildlife,
birds, fish, or other aquatic life.
(aaa) “Precipitation” means water that falls from the atmosphere and
reaches the earth in the form of fog, drizzle, rain, sleet, snow, or hail.
(bbb) “Preservation” means to provide legal protection to natural areas that
would otherwise be lost to lawful activities.
(ccc) “Public water-supply well” means a well that supplies two or more
separate residential connections.
(ddd) “Reconnaissance” means an examination of a project area by qualified
Band staff and/or by a qualified wetland specialist to determine the presence,
approximate boundaries, and probable functions of wetlands and/or streams. A
reconnaissance is not a legal wetland Delineation, but may be substituted for a
Delineation at the discretion of the Rincon Band for the purposes of this Ordinance.
(eee) "Re-development" means the following activities: substantial
additional development on an already developed site; the creation or addition of
impervious surfaces; additional structural development, including construction,
installation, or expansion of a building or other structure; replacement of impervious
surface that is not part of routine maintenance activity; and land-disturbing activities
associated with structural or impervious redevelopment.
(fff) “Regulations” shall mean the regulations adopted pursuant to the
requirements of this Ordinance.
(ggg) “Reservation” means all lands within the boundaries of the Rincon
Reservation, including, but not limited to:
(1) all lands within the territorial boundaries of the Rincon Indian
Reservation as established by the Executive Order of the President
issued on March 2, 1881, the Mission Indian Relief Act, 26 Stat. 712
(1891), the trust patent issued by the President on September 13, 1892,
Adopted 1/30/13
PAGE 16

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

the Act of Congress of August 16, 1941, 55 Stat. 622, the February 12,
1968 Order setting aside land for the Rincon Band and the trust patent
issued on January 20, 1971, which established and added to the Rincon
Reservation, and any fee land acquired in trust pursuant to 25 U.S.C.
461 and its implementing regulations, and such other lands as may
thereafter be added thereto or made a part thereof; and
(2) all other trust, restricted, or tribally owned lands, regardless of
whether they have been formally added to or made part of the Rincon
Reservation.
(hhh) “Restoration” means actions performed to reestablish a stream,
wetland, or Buffer and its functions within an area that no longer meets the definition of a
stream, wetland, or Buffer because of alterations, activities, or catastrophic events, and
actions performed to return an existing stream, wetland, or Buffer to a state in which its
functions and values approach the state that existed before disturbance or Degradation.
(iii) "Rincon Band” means the Rincon Band of Luiseño Indians, a
sovereign Indian Band which is recognized as such by the federal government of the
United States of America. Reference to ''Tribe" or “Band” in this Ordinance, or any
existing or future ordinance shall mean the "Rincon Band".
(jjj) “Rincon Reservation Water” means all fresh waters that originate or
flow in, into, or through the Rincon Reservation, or that are stored on the Rincon
Reservation, whether found on the surface of the earth or underground, and all Rincon
Band tribal reserved water rights.
(kkk) ‘‘Rincon Environmental Department" or “RED”, is a department
of the Rincon Band that is responsible for the implementation of the Rincon Band's
environmental ordinances and management of the Rincon Band’s natural resources unless
otherwise specified.
(lll)
“Runoff” means water originating from precipitation or ground water
that is found in overland flow or in features, including, but not limited to, drainage
facilities, rivers, streams, springs, seeps, ponds, lakes, and wetlands. “Source-control
BMP” means a Best Management Practice (BMP) that is intended to prevent pollutants
from entering storm water. A few examples of source control BMPs are erosion control
practices, maintenance of storm water facilities, constructing roads over storage and
Adopted 1/30/13
PAGE 17

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

working areas, and directing wash water and similar discharges to a sanitary sewer or an
appropriately designed dead-end sump.
(mmm) “Storm water” means that portion of precipitation that does not
percolate into the ground or evaporate, but moves via overland flow, interflow, channels,
or pipes into a defined surface water channel or a constructed drainage facility.
(nnn) “Stream” means those areas where surface water flows sufficiently to
produce a defined channel or bed, indicated by hydraulically sorted sediments or the
removal of vegetative litter or loosely rooted vegetation by the action of moving water,
provided that a channel or bed need not contain water year-round; provided further that
“stream” does not include irrigation ditches, canals, storm water runoff facilities, or other
entirely artificial watercourses unless they are used to convey streams naturally occurring
before construction.
(ooo) “Stream bank” means that portion of the land surface extending from
the stream water surface to the ordinary high water mark recognized by the Rincon
Environmental Department and thence to fifty (50) feet upland of the ordinary high water
mark.
(ppp) “Surface water” means any or all water originating from precipitation
or ground water Discharge that is found at the surface of the earth, primarily in rivers,
streams, springs, seeps, ponds, wetlands, lakes, and storm water drainage facilities.
(qqq) “Treatment BMP” means a Best Management Practice (BMP) that is
intended to remove pollutants from storm water. A few examples of treatment BMPs are
detention ponds, oil/water separators, biofiltration swales, and constructed wetlands.
(rrr) “Tribal Council” is the five-member Business Committee established
under Section 3 (a) of the Articles of Association. "Tribal Council" shall be synonymous
with “Business Committee” or “Rincon Business Committee” as used in this Ordinance
or any existing or future Tribal ordinance.
(sss) “Tribal Court” means the Intertribal Court of Southern California or
other tribal forum designated by the Tribal Council to hear and decide violations of Tribal
environmental ordinances.

Adopted 1/30/13
PAGE 18

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(ttt) “Tribal reserved water rights” means those rights to use, divert, or
affect Rincon Reservation Water reserved by or for the Rincon Band under federal law,
including, but not limited to, treaty, executive order, aboriginal doctrine, or case law, and
any and all other water rights derived from the foregoing.
(uuu) “Values” means the intangible benefits a natural area provides to the
society/culture; some of these benefits overlap with or are included in those listed above
in the definition of functions.
(vvv) “Water” means Rincon Band ground water and surface water.
(www) “Water body” means surface waters, including, but not limited to,
rivers, streams, lakes, wetlands, and reservoirs.
(xxx) “Water quality” means the chemical, physical, and biological
characteristics of water, usually in respect to its suitability for a particular purpose or
other designated beneficial use.
(yyy) “Water quality standards” means numeric standards adopted by the
Rincon Band for Rincon Reservation Water that prescribe the use of a water body and
establish the water quality criteria that must be met to protect designated uses.
(zzz) “Watershed” means a topographically delineated area that is drained
by a stream system, that is, total land area above some point on a stream or river that
drains past that point.
(aaaa) “Wetland classification” means descriptive categories of the
taxonomic classification system for wetlands developed by the U.S. Fish and Wildlife
Service in the document classification of wetlands and deepwater Habitats of the United
States.
(bbbb) “Wetland complex” means areas where wetlands and uplands form a
highly interspersed mosaic, often with a number of small, hydrologically interconnected
(either through ground water or surface water) wetlands as commonly found in hummock
and swale topography.

Adopted 1/30/13
PAGE 19

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(cccc) “Wetland creation” means a human activity to bring a wetland or
portion of a wetland into existence where one previously did not exist (e.g., in an upland
or shallow aquatic environment).
(dddd) “Wetland edge” means the boundary of a wetland as identified using
the methodology in the current and federally accepted edition of the "Federal Manual for
Identifying and Delineating Jurisdictional Wetlands."
(eeee) “Wetland hydrology” means to have the substrate saturated to the
surface or inundated at some point in time during an average rainfall year, sufficient to
meet the criteria in the current and federally accepted edition of the "Federal Manual for
Identifying and Delineating Jurisdictional Wetlands."
(ffff) “Wetlands” means those areas that are inundated or saturated by
surface water or ground water at a frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of vegetation typically adapted for
life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and
similar areas.
(gggg) “Wet Weather Criteria” means the criteria by which the RED shall
determine wet weather testing periods.
(1) The RED shall determine wet weather testing periods on a
geographic base. The following criteria shall be followed:
(A) Between January 1 and April 30; and
(B) Following 10 inches of rain in a 30-day period or after onehalf of the seasonal normal precipitation has fallen. Extension of
wet weather testing beyond the limits of above criteria may be
made in accordance with a program of groundwater level
monitoring approved by the Tribal Council and conducted by the
RED.
§ 8.904

APPLICABILITY

(a) Except as provided in subsection (b) below, this Ordinance applies to all
Persons using or desiring to use Rincon Reservation Water or undertaking activities or
Adopted 1/30/13
PAGE 20

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

desiring to undertake activities that affect Rincon Reservation Water, including, but not
limited to, surface and ground waters in, on, or underlying all lands within the boundaries
of the Rincon Reservation.
(b) Nothing in this Ordinance shall be construed as restricting the rights of
Indians residing on the Rincon Reservation to the just and equal distribution of water for
use for agricultural purposes or to conflict with the reserved water rights held by the
owners of allotments within the Rincon Reservation.
(c) No Person may make private agreements regarding uses of Rincon
Reservation Water that are inconsistent with the provisions of this Ordinance.
(d) Applicability of Ordinance to non-Indian activities occurring on nonIndian owned fee lands located within the exterior boundaries of the Rincon Reservation
is as follows:
(1) In Montana v. United States, the Supreme Court held that tribes
generally do not have jurisdiction over non-Indian activities occurring
on Rincon Reservation fee lands, subject to two important exceptions:
(A) A tribe may regulate the activities of non-members who
enter consensual relationships with the Rincon Band or its
members, through commercial dealings, contracts, leases, or
other arrangements; and
(B) A tribe may also retain inherent power to exercise civil
authority over conduct that threatens or has some direct effect on
the political integrity, the economic security or the health and
welfare of the Rincon Band.
(2) Prior to applying Ordinance to non-Indian activities occurring on
fee lands located within the Rincon Reservation, the Rincon
Environmental Department must first determine that the non-Indian
activities seeking to be regulated fall within one of the exceptions set
forth in Section 8.904(d)(1).
(A) The Rincon Environmental Department shall include a
written determination under Section 8.904(d)(1) within any
Adopted 1/30/13
PAGE 21

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

Notice of Violation in which non-Indian activities occurring on
fee lands located within the Rincon Reservation are the basis for
the violation.
(B) The recipient of any such Notice of Violation shall be
entitled to a preliminary jurisdictional hearing before the Tribal
Court.

(C) If the recipient objects to tribal jurisdiction and requests a
jurisdictional hearing, the burden shall be on the Rincon Band to
establish tribal jurisdiction pursuant to federal common law.

WELLHEAD PROTECTION
§ 8.905

FINDINGS AND PURPOSE

(a) Contamination of wellhead areas and ground water resources of the
Rincon Reservation has a direct, serious, and substantial detrimental effect on the
cultural, political, and economic integrity of the Rincon Band and on the health and
welfare of its members and all Persons present on the Rincon Reservation.
(b) The Rincon Reservation ground water resources are vulnerable to
Contamination, which could lead to the loss of the primary water supply source of the
Rincon Band.
(c) Alternate water sources to serve the needs of the Rincon Reservation are
expensive and may not be available in amounts sufficient to replace existing supplies and
to provide for future anticipated tribal economic and residential growth. Moreover,
alternative water sources would require substantial amounts of capital expenditure for the
infrastructure upgrades that would be necessary to import larger volumes of water onto
the Rincon Reservation. Finally, alternative water sources may be subject to service
interruptions over the long term due to natural or human generated disasters.
(d) This Ordinance provides guidelines to determine appropriate conditions to
be included in permits issued by the RED for the protection of wellhead areas and ground
water resources of the Rincon Band.
§ 8.906

ESTABLISHMENT OF WELLHEAD PROTECTION AREAS

Adopted 1/30/13
PAGE 22

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(a) A Wellhead Protection Area is a geographic area delineated around wells
and/or wellfields within which land uses are regulated to protect the quality and quantity
of the ground water resource. A Wellhead Protection Area is an overlay of a zoning area
that imposes additional requirements and restrictions to those of the underlying zoning
area. In all cases, the most restrictive requirements apply.
(b) A wellhead is a physical structure, facility, or device at the land surface
from or through which ground water flows or is pumped from water-bearing formations.
A wellhead can be a developed spring or groundwater well that was hand dug or
constructed by a machine.
(c) Wellhead protection areas are to be calculated using the Calculated Fixed
Radius Method (or more sophisticated method approved by RED) as described below and
are centered on the wellhead.
(1) The equation for the calculated fixed radius is:
(A)

Rt =

Qt
OR Rt =
πηH

Q×t
Equation 8.906-1
π ×η× H

where
Rt = radius of zone (feet) for time period t
Q = pumping capacity of well in cubic feet per year
(ft3/year), where ft3/year = gallons per minute (gpm)
x 70,267
t = travel time (years) (2, 5, or 10 years, as discussed
below)
π = 3.1416
η = effective porosity (decimal percent)
H = screened interval of well (feet)
(2) The pumping capacity to be used is the maximum rate the well can
be pumped, in gallons per minute converted to the equivalent in cubic
feet per year. Pumping capacity of the well should be known by the
water purveyor. If the capacity is unknown, the purveyor may conduct
a pumping test to determine the appropriate value. If that is not
Adopted 1/30/13
PAGE 23

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

possible, an estimate can be made if justification is provided. If there
are no references to use to estimate the pumping rate, the RED should
be consulted for assistance in determining the appropriate value to use
in the Delineation.
(3) For wells that are used intermittently, using the maximum pumping
rate of the well may result in extremely large zones which do not
correspond to the actual production of the well, particularly at the 5
and 10-year travel times. In this case, with the concurrence of the
RED, a water supplier may use the total annual production of the well
(in ft3/year) in the highest of the previous three to five years. Water
suppliers are encouraged to consider future production levels if
significant growth is expected to occur in the service area.
(4) Travel time is used to provide different protection areas for
different types of threats to a well. The three travel times are
discussed below:
(A) Area R 2. The purpose of the R2 area is to protect the
drinking water supply from viral, microbial, and direct chemical
Contamination. The area is defined by the surface area overlying
the portion of the Aquifer that contributes water to the well
within a two-year time-of-travel. Existing research indicates
that bacteria and viruses survive less than two years in soil and
ground water. This area provides only a limited time for
responding to serious microbiological Contamination or
chemical spills.
(B) The purpose of the R5 and R10 areas is to prevent chemical
Contamination of the water supply, and to protect the drinking
water source for the long term. These zones are used to focus
attention on possible chemical Contamination that may exist near
the well but at a greater distance than the R2 area.
(C) Area R5 encompasses the area between the two- and fiveyear time-of-travel. This area provides for more response time
for chemical spills than the R2 area.

Adopted 1/30/13
PAGE 24

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(D) Area R10 encompasses the area between the five- and tenyear time-of-travel. The primary purpose of this area is to
encourage decision-makers and planners to recognize long-term
aspects of the drinking water source. The ten-year time-of-travel
allows for some attenuation or remediation of Contaminant sites,
or if necessary, time to develop alternate sources of water supply.
(E) The minimum allowable radius is 1,000 feet for area R5 and
1,500 feet for area R10, for porous media Aquifers, and 1,500 and
2,250 feet, respectively, for fractured rock Aquifers.
(5) The length of screened interval to be used in the equation should
be based on well construction information. If the actual value is
unknown, an initial conservative estimate can be made equal to 10% of
the pumping capacity of the well in gallons per minute (gpm), with a
minimum of 10 feet. For example, the estimated screened interval for a
well that pumps at 400 gpm is 40 feet.
(6) Effective porosity should be estimated using available information
for the Aquifer. However, if a value is not known, a value of 0.2 can
be used for an initial calculation. The estimated value of 0.2 for
effective porosity is reasonably conservative for most Aquifers in
California based on available information.
(d) Operations and activities that are prohibited within the R2, R5, and R10
Areas are described using the Standard Industrial Classification (SIC) System Codes, and
are listed in [Resolution No. ]. Where existing land use conflicts with the prohibited
operations and activities within zones R2, R5, and R10, Property Owner and Tenant must
have adequate protective and warning measures in-place and prove to the satisfaction of
the RED that said measures are adequate to protect groundwater resources.
(e) Wellhead protection areas consist of Aquifers and/or groundwater
recharge zones with minimum radii of 600 feet for R2 areas, 1,000 feet for R5 areas, and
1,500 feet for R10 areas.
(f) If the location of the wellhead protection area in relation to a suspected
prohibited use is in doubt, resolution of boundary disputes shall be through the Rincon
Tribal Council. Disputants shall be afforded notice and an opportunity to be heard after
Adopted 1/30/13
PAGE 25

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

prima facie showing by the Rincon Band as to the prohibited activities occurring in the
wellhead protection zone, the burden of proof shall be upon the owner(s) of the land in
question to show where the boundary should properly be located.
(g) The Rincon Band may engage a professional engineer (civil or sanitary),
Hydrologist, geologist, or surveyor to determine more accurately the boundaries of the
wellhead protection area with respect to individual parcels of land, and may charge the
owner(s) for all or part of the cost of the investigation.
§ 8.907

POLICY ON THE CONTROL OF WATER QUALITY WITH
RESPECT TO ON-SITE WASTE

(a) Establishment of Sanitary Control Area. A Sanitary Control Area is an
area within a Wellhead Protection Area that is required to protect a well or spring from
existing and potential Contamination sources.
(1) A Sanitary Control Area shall be maintained around all wells and
springs for the purpose of protecting them from existing and potential
Contamination sources. The following policy shall be implemented
with respect to discharges from individual waste treatment and
disposal systems. This policy sets forth uniform Rincon Reservation
wide criteria and guidelines to protect water quality and to preclude
health hazards and nuisance conditions arising from the subsurface
discharges of waste from on-site waste treatment and disposal systems.
(b) Site Evaluation Criteria and Methods
(1) Criteria. The following site criteria are considered necessary for
the protection of water quality and the prevention of health hazards
and nuisance conditions arising from the on-site discharge of wastes.

(A) Subsurface Disposal. Individual on-site waste treatment
sewage disposal systems shall be located, designed, constructed
and operated in a manner to ensure that effluent does not surface
at any time, and that percolation of effluent shall not adversely
affect waters of the Rincon Reservation.
(B) Ground Slope and Stability. Natural ground slope in all
areas to be used for effluent disposal shall not be greater than
Adopted 1/30/13
PAGE 26

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

twenty five (25) percent. Natural ground slope criteria for
mounds shall be as follows: for percolation rates slower than 60
minutes per inch the maximum allowable slope is six (6) percent
and for percolation rates faster than 60 minutes per inch the
maximum allowable slope is twelve (12) percent. In addition,
steeper ground slopes may be allowed for experimental systems
approved by the RED. All soils to be utilized for effluent
disposal shall be stable.
(C) Soil Depth. Soil depth is measured vertically to the point
where bedrock, hardpan, impermeable soils or saturated soils are
encountered. Minimum soil depth below the bottom of the
leaching trench shall be determined according to percolation
rates as shown in Table 1.
Table 1 – Minimum Depth of Soil below Leaching Trench
Percolation Rate (minutes per Depth of Soil Below
inch – MPI)
Leaching Trench (feet)
6 OR LESS
20
6 TO 30
8
Greater than 30
5
(D) Depth to Groundwater. Minimum depth to anticipated
highest level of groundwater below the bottom of the leaching
trench shall be determined according to percolation rates as
shown in Table 2.
Table 2 – Minimum Depth of Groundwater below Leaching
Trench
Percolation Rate
Depth to Groundwater Below
(minutes per inch – MPI) Leaching Trench (feet)
6 OR LESS
20
6 TO 30
8
Greater than 30
5
(E) Percolation Rates. If percolation test results in the
effluent disposal area are slower than 60 minutes per inch (MPI),
or faster than 6 MPI, only engineered waste treatment and
Adopted 1/30/13
PAGE 27

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

disposal systems may be used. Engineered waste treatment and
disposal systems must be prepared by or under the direct
supervision of a California Licensed Civil Engineer or California
Certified Engineering Geologist and the RED. Percolation test
results shall not be faster than 1 MPI or slower than 120 MPI in
the effluent disposal area.

(F) Replacement Area. An adequate replacement area
equivalent to and separate from the initial effluent disposal area
shall be identified at the time of site approval. Incompatible uses
of the replacement area shall be prohibited.
(G) Setbacks: Minimum horizontal setbacks from any waste
treatment and disposal system shall be as follows, unless an
alternative setback is approved by RED:
(i) 5 feet from parcel property lines and structures;
(ii) 10 feet from the edge of public road easements;
(iii)25 feet from the edge of public water line easements;
(iv) 100 feet from water wells and monitoring wells,
unless regulatory or legitimate data requirements
necessitate that monitoring wells be located closer;
(v) 100 feet from any unstable land mass or any areas
subject to earth slides identified by a California Licensed
Civil Engineer or California Licensed Geologist; other
setback distance may be allowed, if recommended by a
geotechnical report prepared by a qualified professional;
(vi) 100 feet from springs and flowing surface water
bodies where the edge of that water body is the natural or
levied bank for creeks and rivers, or may be less where

Adopted 1/30/13
PAGE 28

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

site conditions prevent migration of wastewater to the
water body;
(vii) 200 feet from vernal pools, wetlands, lakes, ponds,
or other surface water bodies where the edge of that water
body is the high water mark for lakes and reservoirs;

(viii) 150 feet from a public water well where the depth
of the effluent dispersal system does not exceed 10 feet;
(ix) Where the effluent dispersal system is within 1,200
feet from a public water systems’ surface water intake
point, within the catchment of the drainage, and located
such that it may impact water quality at the intake point
such as upstream of the intake point for flowing water
bodies, the dispersal system shall be no less than 400 feet
from the high water mark of the reservoir, lake or flowing
water body; and,
(x) Where the effluent dispersal system is located more
than 1,200 feet but less than 2,500 feet from a public
water systems’ surface water intake point, within the
catchment of the drainage, and located such that it may
impact water quality at the intake point such as upstream
of the intake point for flowing water bodies, the dispersal
system shall be no less than 200 feet from the high water
mark of the reservoir, lake or flowing water body.

(2) Methods of Site Evaluation. Site evaluations are required in all
instances to allow proper system design and to determine compliance
with proceeding site suitability criteria prior to approving the use of
on-site waste treatment and disposal systems. The RED will be
notified prior to conduct of site evaluations since verification by the
RED may be required. Site evaluation methods shall be in accordance
with the following guidelines:
(A) General Site Features: Site features to be determined by
inspection shall include:
Adopted 1/30/13
PAGE 29

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(i) Land area available for primary disposal system and
replacement area.
(ii) Ground slope soil type and soil depth in the effluent
disposal and replacement area.
(iii)Location of cut banks, natural bluffs sharp changes in
slope and unstable land forms within fifty feet of the
disposal and replacement area.
(iv) Location of all objects that may impose setback
limitations on the waste treatment and disposal system.
(B) Soil Profiles. Soil characteristics shall be evaluated by soil
profile analysis. A minimum of one backhoe excavation in the
primary disposal field and one in the replacement area shall be
required for this purpose. A third profile shall be required if the
initial two profiles show dissimilar conditions. Augered test
holes may be an acceptable alternative, upon determination of
the RED: (a) where use of a backhoe is impractical because of
access, (b) when necessary only to verify conditions expected on
the basis of prior soil investigations, or (c) when done in
connection with geologic investigations. Where this method is
employed, a minimum of three test holes in the primary disposal
field and three in the replacement area shall be required. In
evaluation of new subdivisions, an adequate number of soil
profile excavations shall be made to identify a suitable disposal
and replacement area on each proposed parcel. The following
factors shall be observed and reported from ground surface to a
depth of at least five to twenty feet below the proposed leachfield
system (as required by the percolation test results in the effluent
disposal area):
(i) Thickness and coloring of soil layers and apparent
United States Department of Agriculture classification.

Adopted 1/30/13
PAGE 30

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(ii) Depth to and type of bedrock, hardpan, or
impermeable soil layer.
(iii)Depth to observed groundwater.
(iv) Depth to soil mottling.
(v) Other prominent soil features such as structure, gravel
content, roots and porosity, water holding capacity, etc.
(C) Depth to Groundwater Determinations. The anticipated
highest level of groundwater shall be estimated:
(i) As the highest extent of soil mottling observed in
the examination of soil profiles; or
(ii) By direct observation of groundwater levels during
wet weather conditions.
(iii) Where a conflict, in the above methods of
examination exists, the direct observation shall govern. In
those areas, which, because of parent materials, the soils
lack the necessary iron compounds to exhibit mottling,
direct observation during wet weather conditions shall be
required. Guidance in defining such areas shall be
provided by the RED.
(D) Soil Percolation Suitability. A site’s suitability for
percolation of effluent shall be determined by both of the
following methods, unless this requirement is waived by the
RED:
(i) Percolation Testing. Percolation testing shall be in
accordance with methods specified by the RED.
Percolation testing of soils shall be conducted during wet
weather, or in non-wet weather conditions provided
presoaking of the test hole is accomplished with (a) a
continuous 12 hour presoaking, or (b) a minimum of four
Adopted 1/30/13
PAGE 31

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

complete re-fillings beginning during the day prior to the
day the test is conducted.
(ii) Soil Analysis. Soil from the limiting soil layer
observed within the excavated soil profile shall be
obtained and analyzed for composition (particle size and
properties analysis) and bulk density according to
methods prescribed by the RED.

a. Wet Weather Criteria: The RED shall
determine Wet weather testing periods on a
geographic base. The following criteria shall be
followed:
1. Between January 1 and April 30; and
2. Following 10 inches of rain in a 30-day
period or after one-half of the seasonal
normal precipitation has fallen. Extension of
wet weather testing beyond the limits of
above criteria may be made in accordance
with a program of groundwater level
monitoring conducted by the RED.

(E) The following are the requirements for a Sanitary Control
Area.
(i) Size of the area:
a. Unless engineering justification supports a
smaller area, the minimum sanitary control area
around a public water supply well shall be a radius
of 100 feet and the minimum sanitary control area
around a spring shall be a radius of 200 feet. Any
engineering justification in support of a smaller area
must address geological and hydrological data, well
construction details, and other relevant factors
necessary to ensure adequate sanitary control;
Adopted 1/30/13
PAGE 32

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

b. The minimum sanitary control area around a
single-family, domestic water supply well shall be
determined on a case-by-case basis but shall not be
less than fifty (50) feet unless engineering
justification supports a smaller area; and
c. The RED may require a larger sanitary control
area than that specified in subsections (a) and (b) if
geological and hydrological data support such a
decision.
(ii) No source of Contamination may be constructed,
stored, disposed of, or applied within the sanitary control
area without the approval of the RED.
(iii)Water purveyors shall demonstrate that they have the
legal right to exercise complete sanitary control of the
land within the sanitary control area applicable to their
water source.
§ 8.908

PERMIT FOR USE REQUIRED

No Person may engage in any use or activity that is within a Wellhead
Protection Area on the Rincon Reservation without obtaining a land use permit from the
Rincon Tribal Administration pursuant to applicable Tribal Law.
§ 8.909

PROHIBITED USES AND/OR ACTIVITIES IN WELLHEAD
PROTECTION AREAS

The following uses, development, and/or activities are prohibited in a
Wellhead Protection Area:
(a) landfills containing either solid or Hazardous Material;
(b) salvage yards, junk yards, stockyards, feedlots, or similar sites containing
discarded material having the potential to adversely affect ground water; and

Adopted 1/30/13
PAGE 33

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(c) industrial on-site waste treatment sewage disposal systems or individual
onsite waste treatment sewage disposal systems containing industrial waste.
§ 8.910

CONDITIONAL USES OR ACTIVITIES

The following uses or activities may be conditionally allowed in a designated
Wellhead Protection Area pursuant to a land use permit issued by Rincon Tribal
Administration:
(a) agriculture;
(b) horticulture;
(c) parks, greenways, or recreation areas;
(d) necessary public utilities or facilities designed so as to prevent
Contamination of ground water;
(e) industrial and commercial land uses not otherwise prohibited by
applicable Tribal Law;
(f) single family residential housing; and
(g) multiple family residential developments.
§ 8.911

APPROVAL OF PERMITS FOR CONDITIONAL USES OR
ACTIVITIES

The Rincon Tribal Administration will grant approval for conditional uses in
Wellhead Protection Areas only after the RED has certified that:
(a) the proposed use complies with all other applicable water quality
standards; and
(b) the applicant has prepared and submitted for approval an acceptable
pollution prevention and spill response plan for the facility or activity for the monitoring,
prevention, and cleanup of ground water Contamination due to flood, fire, natural
catastrophes, equipment failure, and/or human error.
Adopted 1/30/13
PAGE 34

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(c) All permits shall contain a condition that the permitee agrees to be subject
to inspection by the RED or other designated agent of the Rincon Band. The purpose of
the inspection is to ensure continued compliance with the conditions under which the
permit approval was granted.
§ 8.912

REQUIREMENTS FOR WELLS

Any Person proposing a new well or expansion of an existing well must
obtain a permit from the RED, pursuant to Section 8.908. The RED must be satisfied that
the following requirements are met:
(a) Every well contractor must be duly licensed and bonded under the laws of
the Rincon Band and/or the State of California.
(b) The permit application must contain, at a minimum, the well owner’s
name, and contact information; the well driller’s contact information, license, insurance,
and bonding information; well location; proposed well construction details; land status;
proposed use; and approximate start and completion dates.
(c) Every well driller must submit a complete record on the construction or
alteration of the well to the RED within thirty (30) days of completion of the well. Such
record will include:
(1) well location,
(2) method of drilling and stratum information including depth,
thickness, and type;
(3) water information including initial and static water levels, the
tested capacity of the well, and any other water quality information;
and,
(4) type and length of well casing, screen, filter pack, and sanitary
seal.
(d) The contractor shall meet all requirements for design required by the RED
to ensure ground water quantity and quality. In constructing, developing, redeveloping, or
Adopted 1/30/13
PAGE 35

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

conditioning a well, care shall be taken to preserve the natural barriers to ground water
movement between Aquifers and to seal Aquifers or strata penetrated during drilling
operations which might impair water quality. In addition to any design requirements set
by the RED, the following design requirements shall be met:
(1) For Monitoring Wells:
(A) Monitoring wells shall be located at an adequate distance
from known potential pollutants unless regulatory or legitimate
data requirements necessitate that monitoring wells be located
closer. The minimum horizontal distances from potential
pollutants are shown in Table 3.
Table 3 – Minimum Horizontal Distance Between Potential
Pollutant and Monitoring Well
Potential Pollutant
Minimum Distance to
Monitoring Well (feet)
Any sewer (sanitary, industrial, storm)
50
Septic tank or sewage leaching field
100
Cesspool or seepage pit
150
Animal of fowl enclosure
100
(B) The top of the monitoring well shall be above any known
flood elevation, and surface drainage shall be away from the
well, when possible.
(C) Drill cutting and wastewater from monitoring well or
exploration hole installations shall be disposed of in accordance
with RED Guidelines.
(D) The annular space of all monitoring wells shall be sealed to
prevent the well from becoming a preferential pathway for
surface Contamination. A minimum of two inches is required
around the casing and the wall of the borehole. A seal thick
enough to prevent surface infiltration is necessary and will be
determined by the depth of the borehole.

Adopted 1/30/13
PAGE 36

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(i) Surface Seal: The sealing material shall consist of
neat cement, sand-cement, or bentonite clay. Potable
water shall be used in sealing mixtures. Tremie pipe shall
be used for installation if the transition seal is at a depth
greater than 5 feet or extends below the groundwater
surface.
(ii) Transition Seal: A bentonite-based or fine grain
sand shall be used between the filter pack and the surface
seal. This transition seal prevents the surface seal material
from infiltrating the filter pack. The transition seal is
generally less than two feet. Transition seal shall be
installed with a tremie pipe.
(iii) Filter Pack: The filter pack is placed from the
bottom of the borehole up to above the top of screen.
Filter pack material shall be installed with a tremie pipe.
The filter pack material shall consist of clean,
nonreactive, smooth, rounded, spherical, granular
material of highly uniform size and composition. The
grain-size of the filter pack shall be sized to properly
match the slot size of the well screen.
(E) The top of a monitoring well casing shall be fitted with a cap
and "sanitary seal" to prevent surface water and Contaminants
from entering the well. A well box or vault shall be installed
around the monitoring well casing. The well box or vault shall be
set in a concrete pad at least four inches thick and shall slope
away from the well to drain. The concrete pad shall be free of
cracks and voids.
(F) Following installation, all monitoring wells shall be
developed per RED guidelines.
(G) Rehabilitation and Repair of Monitoring Wells: This
section refers to the treatment of a well to recover loss in yield
caused by intrusion or clogging of the screen, filter packer,
and/or water bearing strata adjoining the well. Rehabilitation
Adopted 1/30/13
PAGE 37

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

methods may include mechanical surging, backwashing, surging
with air, water jetting, sonic cleaning, chemical treatment or any
combination. Any chemicals used to rehabilitate the well are to
be approved by the RED prior to use and immediately removed
from the well, filter pack, and water bearing strata following
completion. All chemicals, water, and other wastes used to
rehabilitate the well shall be disposed of in accordance with RED
guidelines.
(2) For All Other Well Types:
(A) Water wells shall be located at an adequate distance from
known potential pollutants. The minimum horizontal distances
from potential pollutants are shown in Table 4. Water wells shall
be placed upgradient from potential Pollution sources, when
possible.
Table 4 - Minimum Horizontal Distance Between Potential
Pollutant and Water Well
Potential Pollutant
Minimum Distance to
Water Well (feet)
Any sewer (sanitary, industrial, storm)
50
Septic tank or sewage leaching field
100
Cesspool or seepage pit
150
Animal of fowl enclosure
100
Feedlot
100
Solid waste disposal site
500
Petroleum of chemical storage areas
500
(B) The top of the water well shall be above any known flood
elevation, and surface drainage shall be away from the well,
when possible.
(C) The annular space of all water wells shall be sealed to
prevent the well from becoming a preferential pathway for
surface Contamination. A minimum of two inches is required
around the casing and the wall of the borehole. A seal thick

Adopted 1/30/13
PAGE 38

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

enough to prevent surface infiltration is necessary and will be
determined by the depth of the borehole.
(i) A concrete base or pad shall be constructed at ground
surface around the top of the well casing/vault. This
concrete base or pad will create a water tight seal with the
surface seal. The concrete base or pad must extend at
least two feet laterally in all directions from the outside of
the well borehole. The base shall be a minimum of four
inches thick and slope away from the well.
(ii) The surface seal shall extend at least 50 feet below
ground surface for community water supply and
industrial wells, and at least 20 feet for all other types of
water wells.
a. Shallow Groundwater: Exceptions to the
minimum depth can be made for shallow wells with
approval from the RED when the water is at a depth
of less than 20 feet. No annular seal shall be less
than 10 feet below ground surface.
b. Encroachment on Known Potential Pollution
Sources: At the approval of the RED, when a water
well is located closer to a known potential Pollution
source, the surface seal shall extend from ground
surface to the first impervious stratum, if possible,
at a minimum depth of 50 feet.
c. Adversely situated wells: For wells situated in
adverse conditions, approval from the RED may be
required for completion details.
d. Converted wells: Wells being converted from
one use to another, with no surface seal, shall have
surface seals installed to the proper depth.

Adopted 1/30/13
PAGE 39

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

e. Wells that penetrate zones containing poorquality water: If Aquifers known or may have
poor-quality water are penetrated during drilling,
and the possibility exists that the poor-quality water
could move through the borehole during drilling
and well construction operations and significantly
degrade groundwater quality in other units before
sealing material can be installed, then precautions
shall be taken to seal off the poor-quality water
zones during these activities.
(iii) Surface Seal: The sealing material shall consist of
neat cement, sand-cement, concrete, or bentonite.
Potable water shall be used in sealing mixtures. Tremie
pipe shall be used for installation if the surface seal is at a
depth greater than 5 feet or extends below the
groundwater surface.
(iv) Foundation and Transition Seal: A packer or
similar retaining device, or a small amount of sealant can
be placed at the bottom of the interval to be sealed before
final sealing operations begin to form a foundation for the
seal.
a. A transition seal, up to five (5) feet in length,
consisting of bentonite or fine grain sand shall be
used between the filter pack and the surface seal.
This transition seal prevents the surface seal
material from infiltrating the filter pack. Sometimes
an interval of fine grained sand, usually less than
two feet, is placed between the filter pack and the
transition seal. Transition seal shall be installed with
a tremie pipe. Bentonite can be placed in dry form
or a slurry for use in transition seals. Once the
bentonite is in the borehole, water should be added,
at a ratio of 1 gallon of water for every 2 pounds of
bentonite, prior to the placement of the surface seal.

Adopted 1/30/13
PAGE 40

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(v) Timing and Method of Placement: The annular
space shall be sealed as soon as practical following
drilling. In no case shall the annular space be left
unsealed longer than 14 days following the installation of
the casing.
a. Sealing material shall be placed in one
continuous operation from the bottom of the
borehole to the top. When the seal is greater than
100 feet, the deepest portion may be installed and
allowed to set prior to the installation of the
remaining seal.
b. Sealing material shall be installed with the use
of the tremie pipe, or equivalent, to prevent freefall,
bridging, or dilution of the sealing material. Sealing
material shall not be installed by freefall unless the
interval is less than 30 feet below ground surface
and is dry. Tremie pipe shall be used for installation
if the surface seal is at a depth greater than 5 feet or
extends below the groundwater surface.
(vi) Groundwater Flow: Special care shall be used to
restrict the flow of groundwater into the borehole while
placing sealing material.
(vii) Verification: The volume of sealing material placed
shall be verified to at least equal the volume to be sealed.
(viii) Pressure: Pressure required for placement of
sealing material shall be maintained long enough for the
cement based material to set.
(D) Any opening at the surface level shall be sealed, to prevent
surface infiltration into the groundwater supply.

Adopted 1/30/13
PAGE 41

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(E) In community water supply wells, the well and pump shall be
located in a locked enclosure to exclude access by unauthorized
Persons.
(F) All wells producing water for domestic use shall be
disinfected following construction, repair, or when work is done
on the pump, before the well is placed in service per RED
guidelines.
(G) In areas where a well penetrates more than one Aquifer, and
one or more of the Aquifers contain poor-quality water, the strata
producing such poor-quality water shall be sealed off to prevent
entrance of the water into the well or it migration to other
Aquifer(s).
(i) Strata producing the poor-quality water shall be
sealed off by placing impervious material opposite the
strata and opposite the confining formation(s). The seal
shall extend above and below the strata at least 10 feet. In
the event of "bottom" waters, the seal shall extend 10 feet
in the upward direction. The sealing material shall fill the
annular space between the casing and the wall of the
borehole in the interval to be sealed. The sealing material
shall be placed from the bottom to the top of the interval.
(ii) In some cases, a "sleeve" or "slip joint" in the casing
may be required.
(iii) Sealing material shall consist of neat cement, cement
grout, or bentonite clay.
(iv) Sealing shall be accomplished by a method approved
by the RED.
(H) Rehabilitation, Repair, and Deepening of Wells:
Rehabilitation is the treatment of a well by chemical or
mechanical means (or both) to recover lost production caused by
incrustation or clogging of the screens or the formation
Adopted 1/30/13
PAGE 42

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

immediately surrounding the well. The following methods are
acceptable: introduction of chemicals, surging by use of
compressed air, backwashing or surging by starting and stopping
the pump, jetting the water, sonic cleaning, vibratory explosives,
or any combinations of these. In the cases where chemicals or
explosives are used, prior approval from the RED is required and
the well shall be pumped until all traces of them have been
removed.
(i) In the repair of wells, materials used for casing shall
be approved by the RED.
(ii) When wells are to be deepened, the standards for
well installation are to be followed.
§ 8.913

ABANDONED WELLS
(a) An abandoned well is a well that:
(1) is other than a monitoring well, has been out of service
continuously for one (1) year or more;
(2) is a monitoring well from which no measurement or sample has
been taken for a period of three (3) years;
(3) is in such a state of disrepair that it cannot be made operational for
its intended purpose;
(4) is a test hole or exploratory boring twenty-four (24) hours after
construction and testing work has been completed;
(5) is a cathodic protection well that is no longer functional for its
original purpose; or
(6) is any boring that cannot be satisfactorily completed as a well.

(b) Any landowner who has drilled a well that has been closed or is
abandoned must ensure proper closure to prevent Contamination of the Wellhead
Adopted 1/30/13
PAGE 43

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

Protection Area. The following information must be submitted to the RED for all well
closures:
(1) proof of a plan identifying that the well was or will be sealed using
appropriate methods within thirty (30) days of abandonment; and
(2) a map identifying the location of the closed or abandoned well.
(c) Any Person proposing to abandon a well must obtain a permit from the
RED, pursuant to Section 8.908. The RED must be satisfied that the following
requirements are met:
(1) Every well contractor must be duly licensed and bonded under the
laws of the Rincon Band and/or the State of California.
(2) The permit application must contain, at a minimum, the well
owner’s name and contact information; the well driller’s contact
information, license, insurance, and bonding information; well
location; proposed well destruction procedure; and approximate start
and completion dates.
(3) Every well driller must submit a complete record on the
destruction of the well to the RED within thirty (30) days of
abandonment of the well. Such record will include: i) well location, ii)
method of abandonment, and iii) date of abandonment.
(d) The contractor shall meet all abandonment requirements required by the
RED to ensure ground water quantity and quality. In abandoning a well, care shall be
taken to preserve the natural barriers to ground water movement between Aquifers and to
seal Aquifers or strata penetrated during drilling operations which might impair water
quality. In addition to any abandonment requirements set by the RED, the following
abandonment requirements shall be met:
(1) For monitoring and water wells:
(A) If a well is located in an area of known potential Pollution or
if the well was not constructed using the current guidelines, then
the well shall be destroyed by removing all material within the
Adopted 1/30/13
PAGE 44

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

original borehole (this includes well casing, filter pack, and
annular seal). Once all material is out, the hole is to be filled with
an appropriate sealing material, using a tremie pipe.
(B) In all cases the well shall be i) sealed with impervious
material (neat cement, sand-cement, concrete, or bentonite) from
its total depth to within 5 feet of ground surface using a tremie
pipe or ii) by a method approved by the RED.
(C) Well Penetrating Multiple Aquifers: The well shall be
filled and sealed to prevent interchange. To prevent the vertical
movement of water from the producing formation, impervious
material must be placed opposite confining formations above and
below the producing formations for a distance of at least 10 feet.
The formation producing the deleterious water shall be sealed by
placing impervious material opposite the formation, and opposite
the confining formations for at least 10 feet in both directions, or
in the case of "bottom" waters, in the upward direction.
(D) Well Penetrating Fractured Rock: If fractured rock
formations are encountered just below the surface, the portions
of the well opposite this formation shall be sealed with neat
cement, sand-cement grout, or concrete. If these formations
extend a considerable depth, alternate layers of coarse stone and
cement grout or concrete may be used to fill the well.
(E) When well casing is not removed during abandonment, the
top five feet must be removed. In urban areas, the sealing
material shall end at a depth of 5 feet below ground surface, and
a material, matching its surroundings, will be used to ground
surface.
(F) Destruction Requirements for Exploration Borings:
Exploration boring shall be completely filled with appropriate
sealing material from the bottom to top, using a tremie pipe. In
urban areas, the sealing material shall end at a depth of 5 feet
below ground surface, and a material, matching its surroundings,
will be used to ground surface.
Adopted 1/30/13
PAGE 45

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(G) If not previously stated, the sealing material shall consist of
neat cement, sand-cement, concrete, or bentonite. Potable water
shall be used in sealing mixtures. Tremie pipe shall be used for
installation if the transition seal is at a depth greater than 5 feet or
extends below the groundwater surface.
(e) Abandoned wells that have not been properly closed may be closed and
sealed by the RED, with the cost of such closure or sealing to be paid by the property
owner.
§ 8.914

EXISTING NONCONFORMING USES

Any use that is lawfully existing on the effective date of this Ordinance and
that does not conform with all the provisions of this Ordinance may remain in use under
the following conditions:
(a) no prohibited use in a Wellhead Protection Area may be expanded if it
increases the non-conformity of the activity; and
(b) abandonment of a use or a permit will result in the loss of the nonconforming use status.
(c) Notwithstanding subsections (a) and (b) of this section, where the nonconforming use is deemed a substantial threat to public health or the physical
environment, the RED may require an appropriate modification to the activity or use to
conform to the requirements for wellhead protection.
STREAM AND WETLAND MANAGEMENT
§ 8.915

FINDINGS AND PURPOSE

(a) Streams and wetlands provide a number of benefits to the Rincon Band,
including Habitat for migratory birds, amphibians such as frogs and salamanders, and
other wildlife; cultural plants and other cultural practices and properties; providing
recharge water to ground-water Aquifers; improving water quality; providing water to
streams during summer low flows; holding flood and storm waters; and recreational and
educational opportunities.
Adopted 1/30/13
PAGE 46

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(b) It is the intent of the Rincon Band to achieve no net loss of streams,
wetlands, and their functions and, in the long term, to achieve a net gain of stream and
wetland functions within the boundary of the Rincon Reservation. These goals will be
achieved by measures such as requiring site planning to avoid or minimize damage to
streams and wetlands wherever possible and by requiring restoration or enhancement of
degraded streams and wetlands to offset losses that are unavoidable. It is also the intent of
the Rincon Band to pursue a policy of actively encouraging the restoration or
enhancement of streams and wetlands with a high potential to provide wildlife, cultural,
water-quality, or Aquifer-recharge functions.
(c) The purposes of Rincon Band Stream and Wetland Management are:
(1) To protect the functions and values of Rincon Reservation streams
and wetlands from the impacts of development activities and other
land uses;
(2) To encourage appropriate residential development and land-use
practices by and for tribal members and non-tribal members as well as
commercial and business growth on the Rincon Reservation for tribal
employment opportunities by providing defined stream and wetland
management standards, requirements, and Mitigation alternatives for
effective project planning;
(3) To protect and enhance wildlife resources, cultural resources, and
the quantity and quality of Rincon Reservation ground water; and
(4) To protect surface-water quality and enhance storm-water
management.
§ 8.916

TRIBAL JURISDICTION OVER STREAMS AND WETLANDS ON
THE RINCON RESERVATION

The Rincon Band, a federally recognized Indian Tribe, hereby enacts these
provisions for protection of Rincon Reservation Water pursuant to 33 USC §1377 of the
Clean Water Act, “Indian tribes shall be treated as States for purposes of section 1251 (g)
of this title.” Pursuant to 33 USC §1377(h)(1) “Federal Indian reservation” means all land
within the limits of any Indian reservation under the jurisdiction of the United States
Adopted 1/30/13
PAGE 47

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

Government, notwithstanding the issuance of any patent, and including rights-of-way
running through the reservation; and 33 USC §1377(h)(2) “Indian tribe” means any
Indian tribe, band, group, or community recognized by the Secretary of the Interior and
exercising governmental authority over a Federal Indian reservation.
The criteria in this Ordinance are consistent with § 101(a)(2) of the Clean
Water Act (33 U.S.C. § 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, shell fish, and wildlife and provides for recreation in and on the
water be achieved by July 1, 1983.” This Ordinance is adopted to protect all authorized
uses of Rincon Reservation Waters. Contamination that may result from such uses shall
not lower the quality of the water below what is required for public health, domestic
water uses, recreation and other uses designated by the Rincon Band.
§ 8.917

[RESERVED]
WATER QUALITY STANDARDS

§ 8.918

FINDINGS AND PURPOSE

(a) All water that flows through or falls onto the Rincon Reservation is
precious and contributes to Aquifer recharge on the Rincon Reservation. The waters of
the Rincon Reservation support a diverse assemblage of flora, fauna, and Habitats. The
quality of these water resources affects the political integrity, economic security, health,
and welfare of the Rincon Band as well as subsistence, cultural, commercial, and other
uses by tribal and non-tribal members.
(b) Over 100% of the residential water supply for the Rincon Reservation is
currently pumped from ground water wells on the Rincon Reservation. Recharge of the
Aquifers is primarily from local precipitation (i.e., that which falls on or near the Rincon
Reservation). Where surface waters contribute to Aquifer recharge, ground water is
susceptible to Contamination.
(c) Activities occurring on all lands within the Rincon Reservation have the
potential to impair the quality of Rincon Reservation Waters; impairment of the quality
of waters of the Rincon Reservation threatens the economic security, health, and welfare
of the Rincon Band.

Adopted 1/30/13
PAGE 48

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(d) The purpose of the water quality standards program is to protect Rincon
Reservation waters from Contaminants which may (1) have an adverse effect on the
health of all Persons present on the Rincon Reservation and/or (2) degrade the integrity of
the Rincon Reservation Waters.
(e) The Rincon Band, acting through the RED, pursuant to the Quality
Assurance Project Plan for Groundwater and Surface Water Sampling, dated September
23, 2009, has been developed for the monitoring of surface and groundwater sources
within the Rincon Reservation.
(f) The purposes of this Ordinance are to establish water quality standards for
Rincon Reservation Waters consistent with all beneficial uses, including public health
and public enjoyment; the propagation, protection, and restoration of wildlife Habitats;
and the protection of Rincon Reservation waters as cultural, economic and spiritual
resources of the Rincon people.
§ 8.919

NON-POINT SOURCE MANAGEMENT PROGRAM

(a) Identification of Best Management Practices. Best Management
Practices (“BMP’s”) are those practices determined to be practical, acceptable to the
public, and effective in preventing water Pollution or reducing the amount of Pollution
generated by non-point sources. Best Management Practices include information and
education programs, technical and financial assistance, technology transfer,
demonstration projects, monitoring/evaluation systems, and regulation and enforcement.
The Rincon Environmental Department and other departments within the Rincon Band
will develop and present BMP’s to the Tribal Council for approval in accordance with
Tribal Law.
(b) Reservation Wide Program Objectives. Reservation wide program
objectives include current as well as proposed programs and identify activities, products,
responsible agencies, and funding. The Tribal Government, acting by and through, Tribal
Administration and the RED, is responsible for water and natural resource management
activities, such as, herbicide use, wellhead protection, residential and commercial
building, utility and road building which will require the adoption of approved BMPs.
The following non-exhaustive list of BMP’s will need to be approved by the Tribal
Council upon recommendation by Tribal Administration and the RED:
(1) Land Assignment and Lease Ordinance;
Adopted 1/30/13
PAGE 49

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(2) Habitat Conservation Ordinance;
(3) Pollution Discharge Prohibition Ordinance;
(4) Land Use, Development Standards and Zoning Plan;
(5) Pesticides Ordinance; and
(6) Road Construction
§ 8.920

RULE-MAKING AUTHORITY

(a) The RED shall have the authority to, and shall promulgate, amend, or
rescind regulations relating to standards of quality for waters of the Rincon Reservation
and for substances discharged therein in order to maintain the highest possible standards
in accordance with the public policy of the Rincon Band as declared in Section 8.901 &
8.902. The regulations, which shall not be effective until approved by the Tribal Council,
shall be structured according to requirements under the federal Clean Water Act, 33
U.S.C.A. §§ 1251-1387 (CWA) as amended from time to time, and shall specifically
include:
(1) use designations consistent with the requirements of the Clean
Water Act;
(2) methods used and analyses conducted to support the water quality
standards;
(3) water quality criteria sufficient to protect the designated uses,
including criteria for priority toxic pollutants and biological criteria;
(4) an antidegradation policy and implementation methods consistent
with Federal Water Quality Standards Regulations;
(5) general information supporting the adequacy of the scientific basis
of the standards, as well as information on general policies applicable
to Rincon Band standards that may affect their application and
implementation; and
Adopted 1/30/13
PAGE 50

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(6) certification that the regulations for water quality standards have
been adopted pursuant to the requirements of this Ordinance; and
(7) ensure that water quality sampling and monitoring activities
comply with the Rincon Reservation Quality Assurance Project Plan.
PROHIBITED ACTS, ENFORCEMENT, REVIEW, AND APPEALS
§ 8.921

NOTICE OF VIOLATION; EMERGENCY ORDERS

This Ordinance shall be considered a Rincon Environmental Ordinance for
purposes of the Rincon Environmental Enforcement Ordinance. For any violations of this
Ordinance, the RED shall have authority to issue Notices of Violation and Emergency
Orders pursuant to § 8.308 of the Rincon Environmental Enforcement Ordinance.
(a) Hearing and Hearing Process. Any Person served with a Notice of
Violation for a violation of this Ordinance may file a “Request for Hearing” with the
Tribal Court within five (5) working days from receipt of the “Notice of Violation”
pursuant to Rincon Environmental Enforcement Ordinance § 8.309. Upon receipt of a
properly filed “Request for Hearing, ” the Tribal Court shall schedule and conduct a
hearing pursuant to Rincon Environmental Enforcement Ordinance § 8.309 (b).
(b) Remedies; Civil Penalties; Enforcement of Tribal Court Orders
(1) Remedies available to the Rincon Band for violations of this
Ordinance shall be governed by the Rincon Environmental
Enforcement Ordinance § 8.310.
(2) Civil Penalties which may be imposed against Persons determined
to have violated this Ordinance shall be governed by the Rincon
Environmental Enforcement Ordinance § 8.311.
(3) Rincon Environmental Enforcement Ordinance § 8.312 shall apply
to any orders issued by the Tribal Court that arise from violations of
this Ordinance.

Adopted 1/30/13
PAGE 51

Ordinance No. 8.900
Original Enactment Date: January 30, 2013
Subject: Protection of Tribal Water Resources

RINCON WATER RESOURCES PROTECTION ORDINANCE
Rincon Tribal Code § 8.900

(c) Any Person who in violation of this Ordinance discharges any pollutant
into the waters of the Rincon Reservation shall be liable for all costs associated with or
necessary to clean up, abate, or remove said pollutants from the waters of the Rincon
Reservation and restore the quality of the waters of the Rincon Reservation to their
condition as they existed immediately prior to the discharge.
MISCELLANEOUS
§ 8.922

NO WAIVER OF SOVEREIGN IMMUNITY

All inherent sovereign rights of the Rincon Band as a federally recognized
Indian tribe with respect to provisions authorized in this Ordinance are hereby expressly
reserved, including sovereign immunity from unconsented suit. Nothing in this Ordinance
shall be deemed or construed to be a waiver of the Rincon Band’s sovereign immunity
from unconsented suit.
§ 8.923

SEVERABILITY

If any provision of this Ordinance or the application thereof to any Person or
circumstance shall be held unconstitutional or invalid by the Tribal Council, only the
invalid provision shall be severed and the remaining provision and language of this
Ordinance shall remain in full force and effect.

Adopted 1/30/13
PAGE 52

RINCON WATER RESOURCES PROTECTION ORDINANCE
Appendix A -- RINCON WATER QUALITY STANDARDS

These Water Quality Standards (WQS) are regulations promulgated in accordance with
§17.06.030 of the Rincon Water Resources Code under the authority of the Natural Resources
Commission of the Rincon Band of Luiseno Indians for the waters of the Rincon Reservation.
These WQS establish standards of quality for waters of the Reservation and for substances
discharged therein to maintain the highest possible standards in accordance with the public
policy of the Rincon Band as declared in §17.07.010 of the Rincon Water Resources Code.
These regulations have been structured according to requirements under the federal Clean
Water Act, 33 U.S.C.A. §§ 1251-1387 (CWA) as amended, and include:
(a) use designations consistent with the requirements of the Clean Water Act;
(b) methods used and analyses conducted to support the water quality standards;
(c) water quality criteria sufficient to protect the designated uses, including criteria for
priority toxic pollutants and biological criteria;
(d) an antidegradation policy and implementation methods consistent with Federal
Water Quality Standards Regulations;
(e) general information supporting the adequacy of the scientific basis of the
standards, as well as information on general policies applicable to Rincon Band standards that
may affect their application and implementation; and
(f) certification that the regulations for water quality standards have been adopted
pursuant to the requirements of this Code.
Water quality standards are intended to protect public health and aquatic life, and to
maintain or enhance water quality in relation to the beneficial uses of the water. It is with
this intention that these water quality standards were devised in accordance with t he
R i n con B an d o f Lu i se no In di an s (R i nc o n B an d) W a t e r R e so ur c es C od e
§17 .0 6.0 30 a nd U.S. Environmental Protection Agency guidelines.
Water quality standards are expressed in both narrative and numeric forms. The standards,
when compared to water quality data from water samples, will provide the basis for
detecting any future trend toward degradation of Reservation waters. Through regular
water sampling and monitoring, the Rincon Band will have the requisite information to
make a determination on the short and long term trends of the water quality of the
waters of the Rincon Reservation.
1

These standards are based on the federal water quality standards as established by the U.S.
Environmental Protection Agency and those w a t e r q u a l i t y s t a n d a r d s established by
the California State Regional Water Quality Board, San Diego District, for t h e S a n
L u i s R e y R i v e r w a t e r s h e d . This provides the basis for a regulatory program
administered by the Rincon Band to protect its water resources presently and in the
future.
Stakeholders have been notified of the contents of this document and have been given an
opportunity to comment. A triennial review of the standards is required and the process
is described in this document. It is critical that standards are kept up to date for the most
stringent protection of the high water quality that currently exists on the Rincon
Reservation.
I. PURPOSE
The federal Clean Water Act designates authority to Indian Tribes to manage water
resources for the health and benefit of Tribal members. As part of this effort, the
R i n c o n B a n d is establishing water quality standards within the boundaries of the
Rincon Indian Reservation. Beneficial uses for a l l s u r f a c e w a t e r s a n d g r o u n d
w a t e r o n t h e R i n c o n R e s e r v a t i o n , as well as water quality objectives in both
narrative and numeric forms are designated within this document and in the Quality
Assurance Protection Plan included as an Appendix to this document.
Water quality standards are intended to protect the public health and welfare, and to
maintain or enhance water quality in relation to the existing and/or potential beneficial
uses of the water. "Water quality objectives" are the allowable "limits or levels of water
quality constituents or characteristics which are established for the reasonable protection
of beneficial uses of water or the prevention of nuisance within a specific area." The
objectives, when compared to future water quality data, will also provide the basis for
detecting any future trend toward degradation or enhancement of Reservation waters.
The federal Clean Water Act defines "water quality standards" to include both beneficial
uses (i.e., current or potential uses) and "water quality criteria" (i.e., water quality
objectives). Thus, the beneficial uses designated herein and the water quality objectives
comprise the Tribe's water quality standards.
II. METHODOLOGY FOR ESTABLISHING WATER QUALITY STANDARDS
Water quality objectives are numerical or narrative. Numerical and narrative water
quality objectives define the upper concentration or other limits that the R i n c o n B a n d
considers protective of beneficial uses. The water quality objectives have been
r4eviewed and approved by U.S. EWPA as part of the QAPP for water quality.
The general methodology used in establishing water quality objectives involves, first,
2

designating beneficial water uses; second, selecting and quantifying the water quality
parameters necessary to protect the most vulnerable (sensitive) beneficial uses; and third,
a narrative description of physical characteristics that should or should not be present.
To comply with the Antidegradation Policy (see below), water quality objectives may be
established at levels better than that necessary to protect the most vulnerable beneficial
use.
In establishing water quality objectives, factors in addition to designated beneficial uses
and the Antidegradation Policy are considered. These factors include environmental and
economic considerations, as well as the level of water quality which could be achieved
through coordinated control of all factors which affect water quality in an area.
Controllable water quality factors are those actions, conditions, or circumstances
resulting from human activities that may influence the quality of the waters of the
Reservation, and that may be reasonably controlled.
III. TRIENNIAL REVIEW
Public participation from the Rincon Band General Council and other stakeholders is an
integral part in establishing these standards, and the promulgation of these standards has
been approved by the Tribal Council through resolution. Water quality standards shall
be reviewed, and if necessary, revised, at a minimum of every three years by the
R i ncon Environmental Department (RED), General Council, and other stakeholders.
Upon approval of the Tribal Council and the US EPA, revised water quality objectives
will then be adopted as part of these standards by amendment.
As part of the review process, the Rincon Band shall notify stakeholders who will have
an opportunity to comment on current or proposed standards. Updated state and federal
standards shall also be reviewed at this time, and if appropriate, adopted into the Tribe's
water quality standards. RED shall make recommendations to the Tribal Council
regarding the proposed changes, and if adopted by Tribal Council, shall be sent to the
EPA for review and approval and incorporated into the standards.
As a component of the Rincon Band’s continuing planning process, data may be collected
and numerical water quality objectives may be developed for additional water bodies
and/or constituents where sufficient information is presently not available for the
establishment of such objectives.

3

RINCON WATER RESOURCES PROTECTION ORDINANCE
Appendix B – Beneficial Uses

(a) Designated Beneficial Uses-- Rincon Reservation Waters
Beneficial Uses

Inland Surface Water

Reservoirs and Lakes

Ground Water

x

Municipal and Domestic Supply
Agricultural Supply

x

x

x

Industrial Service Supply

x

x

x

Industrial Process Supply

x

x

x

Freshwater Replenishment

x

x

x

Contact Water Recreation

x

x

Non-Contact Water Recreation

x

x

Warm Freshwater Habitat

x

x

Cold Freshwater Habitat

x

Wildlife Habitat

x

x

Rare, Threatened, or End.

x

x

(b) Summary of Beneficial Use Designations

Beneficial Use

Abbreviation

Definition

Municipal and Domestic Supply

MUN

Community, military, or individual water supply systems including, but not limited to,
drinking water supply

Agricultural Supply

AGR

Farming, horticulture, or ranching including, but not limited to, irrigation, stock watering, or
support of vegetation for range grazing

Industrial Process Supply

PROC

Industrial activities that depend primarily on water quality

Industrial Service Supply

IND

Industrial activities that do not depend primarily on water quality including, but not limited to
mining, cooling water supply, hydraulic conveyance, gravel washing, fire protection, or oil
well re-pressurization

Ground Water Recharge

GWR

Natural or artificial recharge of ground water for purposes of future extraction, maintenance
of water quality, or halting of saltwater intrusion into freshwater aquifers

Freshwater Replenishment

FRSH

Natural or artificial maintenance of surface water quantity or quality (e.g. salinity)

Contact Water Recreation

REC-1

Recreational activities involving body contact with water, where ingestion of water is reasonably possible. These uses
include, but are not limited to, swimming, wading, water-skiing, skin and SCUBA diving, surfing, white water activities,
fishing, or use of natural hot springs

REC-2

Recreational activities involving proximity to water, but not normally involving body contact with water, where ingestion of
water is reasonably possible. These uses include, but are not limited to, picnicking, sunbathing, hiking, beachcombing,
camping, boating, tidepool and marine life study, hunting, sightseeing, or aesthetic enjoyment in conjunction with the
above activities

Non-contact Water Recreation

Beneficial Use

Abbreviation

Definition

Warm Freshwater Habitat

WARM

Warm water ecosystems including, but not limited to, preservation or enhancement of
aquatic habitats, vegetation, fish or wildlife, including invertebrates

Cold Freshwater Habitat

COLD

Cold water ecosystems including, but not limited to, preservation or enhancement of aquatic
habitats, vegetation, fish or wildlife, including invertebrates

Wildlife Habitat

WILD

Terrestrial ecosystems including, but not limited to, preservation and enhancement of
terrestrial habitats, vegetation, wildlife (e.g. mammals, birds, reptiles, amphibians,
invertebrates), or wildlife water and food resources

Rare, Threatened, or Endangered
Species

RARE

Habitats necessary, at least in part, for the survival and successful maintenance of plant
and animal species established under state or federal law as rare, threatened, or
endangered

RINCON WATER RESOURCES PROTECTION ORDINANCE
Appendix C -- Numerical Criteria
These standards are based on the federal water quality standards as established by the U.S.
Environmental Protection Agency and those w a t e r q u a l i t y s t a n d a r d s established
by the California State Regional Water Quality Board, San Diego District, for t h e S a n
Luis Rey River watershed , adopted and modified as appropriate
s p e c i f i c t o t h e R i n c o n I n d i a n R e s e r v a t i o n . This provides the basis for a
regulatory program administered by the Rincon Band to protect its water resources
presently and in the future.

Table 1. Analytical Parameters and Project Action Limits

General
minerals and
physical
parameters

Reference
method

Total dissolved
solids
Turbidity

EPA 180.1

Preparation

Type of analysis

Method
detection
limit

Precision
objective

Accuracy
objective

Water
Quality
Objective
/ project
action
level

None

gravimetric

1.0 mg/l

20%

500 mgl

None

Nephelometric

0.1 NTU

20%

20

pH

Epa 180.1

None

Electrode

Boron

EPA 212.3

None

Colormetric

0.1 mg.l

20%

75-125%

Chloride

EPA 300

None

Ion Chematography

0.1 mg/l

20%

75-125%

250 mg/l

Flouride

EPA 300

None

Ion Chematography

0.5 mg/l

20%

75-125%

1.0 mg/l

None

Colormetric

0.1 mg/l

20%

75-125%

0.025
mg/l
10 mg/l

Ammonia-N

20%

6.5-8.5
units

Nitrate-N

EPA 300

None

Ion Chematography

0.1 mg/l

20%

75-125%

Phosphate-P

EPA 300

None

Ion Chematography

0.1 mg/l

20%

75-125%

Orthophosphate

EPA 300

None

Sulfate

EPA 300

None

Ion Chematography

0.5 mg/l

20%

75-125%

250 mg/l

Surfectants
(MBAS)

EPA 425.1

Chloroform
extraction

Spectrophotometer

0.05 mg/l

20%

75-125%

0.5 mg/l

Total Organic
Carbon

EPA 415.2

Combustion

Infrared Analyzer

0.5 mg/l

20%

75-125%

2.0 mg/l

Metals

Reference
method

Preparation

Type of analysis

Method
detection
limit

Precision
objective

Accuracy
objective

Water
Quality
Objective
/ project
action
level

Aluminum

EPA 6010

Nitric Acid
Digestion

Inductively
Coupled

10 ug/l

20 %

75-125%

1.0 mg/l

75-125%

Arsenic

EPA 6010

Nitric Acid
Digestion

Plasma (ICP)

5 ug/l

20 %

75-125%

0.05

Cadmium

EPA 6010

Nitric Acid
Digestion

ICP

10 ug/l

20 %

75-125%

0.010 mg/l

Chromium

EPA 6010

Nitric Acid
Digestion

ICP

10 ug/l

20 %

75-125%

0.05mg/l

Copper

EPA 6010

Nitric Acid
Digestion

ICP

20 ug/l

20 %

75-125%

1.0 mg/l

Iron

EPA 6010

Nitric Acid
Digestion

ICP

10 ug/l

20 %

75-125%

0.3 mg/l

Lead

EPA 6010

Nitric Acid
Digestion

ICP

5 ug/l

20 %

75-125%

0.05 mg/l

Manganese

EPA 6010

Nitric Acid
Digestion

ICP

10 ug/l

20 %

75-125%

0.05 mg/l

Mercury

EPA 7471

Nitric Acid
Digestion

Cold Vapor AA

0.5 ug/l

20 %

75-125%

0.002 mg/l

Sodium

EPA 6010

Nitric Acid
Digestion

ICP

0.1 mg/l

20 %

75-125%

0.004 mg/l

Selenium

EPA 6010

Nitric Acid
Digestion

ICP

8 ug/l

20 %

75-125%

0.01 mg/l

Other
Parameters

Reference
method

Preparation

Type of analysis

Method
detection
limit

Precision
objective

Accuracy
objective

Water
Quality
Objective
/ project
action
level

Cyanide

EPA335.2

Spectrometric

0.05 mg/l

23

75-125%

Perchlorate

EPA
M300.0

Ion
Chromatography

0.004 mg/l

20

75-125%

Total Coliform

SM 8223

None

Multiple Tube

1.1 MPN

-

-

<2.2 MPN

Fecal Coliform

SM 8223

None

Multiple Tube

1.1 MPN

-

-

<2.2 MPN

Heterotrophoic
Plate Count

SM 8215

None

Plate Count

5.0 CFU

-

-

-

Gross alpha
Activity

EPA 900.0

None

Low Level

3pCi/L

-

90-110%

15pCi/L

Gross Beta
Activity

EPA 900.0

None

Proportional

4 pCi/L

-

90-110%

50pCi/L

NMethylcarbamate
Pesticides

Reference
method

Preparation

Type of
analysis

Hydroxycarbofuran

EPA 8140

Extraction
of
Chlorinated
Organics

Aldicarb

-

Methomyl

-

0.2 mg/l

Method
detection
limit

Precision
objective

Accuracy
objective

Water
Quality
Objective /
project
action level

Gas
Chromatograph

0.35ug/l

50%

40-140%

-

-

-

0.36ug/l

50%

40-140%

-

-

-

0.52ug/l

30%

50-135%

-

Propoxur

-

-

-

0.34ug/l

30%

50-135%

-

Carbofuran

-

-

-

0.75ug/l

-

-

0.18mg/l

Carbaryl

-

-

-

0.56ug/l

-

-

-

Methiocarb

-

-

-

0.74ug/l

-

-

-

Thiobencarb

-

-

-

Organochlorine
Pesticides

Reference
method

Preparation

Type of
analysis

Method
detection
limit

Alpha-BHC

EPA 8080

Extraction
of
Chlorinated
Organics

Gas
Chromatograph

0.0013ug/l

Gamma-BHC

-

-

-

Beta-BHC

-

-

Aldrin

-

Dieldrin
4,4-DDE

0.07mg/l

Precision
objective

Accuracy
objective

Water
Quality
Objective /
project
action level

0.0016ug/l

38%

41-120%

0.002mg/l

-

0.0034ug/l

-

-

-

-

-

0.0037ug/l

-

-

-

-

-

0.0018ug/l

-

-

-

-

-

0.0086ug/l

-

-

-

4,4-DDD

-

-

-

0.0013ug/l

-

-

-

4,4-DDT

-

-

-

0.029ug/l

49%

41-139%

-

Endrin

-

-

-

0.0012ug/l

40%

45-125%

0.0002mg/l

EndrinAldehydy

-

-

0.0014ug/l

-

-

-

Endrin Ketone

-

-

-

0.0023ug/l

-

-

-

Endosulfan I

-

-

-

0.0046ug/l

-

-

-

Endosulfan II

-

-

-

0.0016ug/l

-

-

-

Endosulfan
Sulfate

-

-

0.0015ug/l

-

-

-

Heptachlor

-

-

-

0.0022ug/l

43%

40-126%

0.00001mg/l

Heptachlor
Epoxide

-

-

-

00.13ug/l

-

-

-

Methoxychlor

-

-

-

00.80ug/l

-

-

0.04mg/l

Toxaphene

-

-

-

0.88ug/l

-

-

0.003mg/l

Organophosphorus
Pesticides

Reference
method

Preparation

Type of
analysis

Dichlorvos

EPA8140

Extraction
of

Gas
Chromatograph

(a)
Method
detection
limit

Precision
objective

Accuracy
objective

Water
Quality
Objective /
project
actio

[Text truncated at 120,000 characters. The full text is on the page linked above.]

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/tribal%3Arincon_luiseno%3A8c3180f00c7365b3. Public record. Not legal advice.