ADMINISTRATIVE PROCEDURES

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CHAPTER 7

ADMINISTRATIVE PROCEDURES

7.0

GENERAL

Notwithstanding any other provision of this chapter, upon agreement

between the Tribe and the District, any provision in this chapter

relating to time periods may be extended.

History Note: Renumbered 6-28-94.

7.1

APPROVAL AND AMENDMENT OF WORK PLANS

7.1.1 Timeframes for Submittal, Approval and Amendment of Work

Plans

7.1.1.1

General On or before June 1 of each year, the

Tribe may submit to the District four (4) copies of a Work Plan

describing the anticipated work to be initiated by the Tribe, or by

individuals or entities whose plans are approved by the Tribe on one or

more of the Tribe's Reservations or Tribal Trust Lands in the upcoming

fiscal year (October 1 - September 30), or for such other periods as

are acceptable to the District. A Work Plan is not required for any

fiscal year or other period in which the Tribe does not intend to

commence any new projects. If the Tribe is delayed in submitting its

Work Plan or makes an early submission, or if the District modifies its

procedures for scheduling meetings, the dates specified under this

section shall be modified to allow the same number of days under the

procedure as written. Board action will occur at the first monthly

meeting after the required number of days under the procedural steps

have passed, unless the Tribe and the District agree to an amendment

pursuant to 7.1.1.11. The work plan shall include such information as

is specified in this chapter.

7.1.1.2

Timeframe for Notice of Receipt of Work Plan

The District shall by June 15 publish notice of receipt of the work

plan in a newspaper having general circulation as defined in chapter

50, Florida Statutes. The District also shall provide a copy of the

notice to any person who has filed a written request for notification of

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any work plan affecting a particular designated area no earlier than six

(6) months before the date specified in the notice. For all persons,

publication shall constitute legal notice.

The publication shall

expressly state that notice of further action shall only be provided to

persons requesting such notice in writing by July 15.

7.1.1.3

Timeframe for Review

The District staff shall

review the annual work plan, evaluate the proposals contained therein

in accordance with the criteria and principles contained in Parts (I)

through (VI) of the Compact and in accordance with the provisions of

Chapter 2 through 6 of the Manual. By June 15 the District shall

advise the Tribe in writing of any additional information required.

7.1.1.4

Timeframe

for

Submittal

Additional

Information

By July 1, the Tribe shall submit in writing the

additional information requested by the District or advise the District in

writing of the Tribe's decision not to supply part or all of the additional

information requested.

7.1.1.5

Timeframe for Proposed District Action

July 21, the District shall prepare staff recommendations which shall

contain a recommendation of concurrence, or concurrence in part,

concurrence with conditions, or objection to the proposed Work Plan,

and supporting reasons. Such recommendation shall constitute

proposed District action.

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7.1.1.6

Timeframe for Notice of Proposed District Action

By July 21, the District shall provide a notice of proposed District

action and a copy of the staff report pursuant to 7.1.1.5 to the Tribe

and to any persons requesting notice of proposed District action

pursuant to this chapter. The notice of proposed District action shall

state that requests for a hearing must be received by the District Clerk

and the Tribe on or before August 4.

7.1.1.7

Timeframe for Hearing

Upon written request

filed with the District Clerk and the Tribe (unless filed by the Tribe) on

or before August 4 to the Board by the Tribe or any substantially

affected third persons, a hearing shall be scheduled for the September

meeting of the Board. Requests for a hearing shall contain the

information specified in this chapter. At the August Board meeting,

the Board will review requests for hearings that have been filed, and

shall deny frivolous requests for hearings or requests that have been

filed by persons lacking a significant interest which is substantially

affected. The Board cannot deny any request by the Tribe or an

agency of the State listed under Part (I)(J) of the Compact for a

hearing.

7.1.1.8

Timeframe for Filing a Notice of Reliance A

person may file a notice reliance on the proposed District action

concerning the proposed Work Plan. Such notice of reliance shall be

in lieu of a request for hearing, under this chapter, and shall be filed on

or before August 4. The notice of reliance shall contain the

information set forth in this chapter. The filing of a notice of reliance

shall preserve the rights of the filing person as specified in this

chapter, in the event the final District action differs materially from the

proposed District action.

7.1.1.9

Timeframe for Final District Action

The

proposed District action shall become final District action as of the

August Board meeting, if:

the District staff report recommends concurrence, objection, or

concurrence with conditions with all or part of the proposed work plan,

and no requests for hearings are received by the District Clerk on or

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before August 4; or

all timely requests have been dismissed by the Board as frivolous, or

as having been filed by persons lacking a non-frivolous interest which

is substantially affected.

7.1.1.10

Hearings on Proposed Work Plans

the

September Board meeting, the Board shall conduct hearings on all

approved requests for hearing and shall concur or object, in whole or

part, or concur with conditions to the proposed Work Plan, constituting

final District action. Failure to hold a hearing shall constitute

acceptance of the Tribe's proposed Work Plan as final District action.

7.1.1.11

Timeframe for Amendment to Work Plans The

Tribe shall submit to the District amendments to any Work Plan

effective under the Compact. The Tribe shall not implement any

amendments without concurrence by the Board. If the amendment is

reasonable, the

Board shall not withhold concurrence.

The

procedures set forth under this chapter shall apply to Work Plan

amendments, with dates modified to allow the same number of days

between each step as are allocated under the procedures as written.

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7.1.1.12

Service of Written Order

Copies of the written

order under this chapter shall be served on all persons who timely

requested a hearing or timely filed a notice of reliance.

7.1.2 Approval and Amendment of Work Plan -- Post Board Action

7.1.2.1

Timeframes for Rehearing Following

action, the Tribe:

District

may, within thirty (30) days of Board decision, request the Board

for a rehearing.

The request for rehearing shall contain the

information set forth in this chapter. The District shall give seven (7)

days notice to the parties to the initial hearing of such request and

shall agenda the rehearing at the next Board meeting held after such

notice has been provided. The request for rehearing shall contain the

information set forth in this chapter. The Board shall concur or object

to the Work Plan in whole or part, which action shall constitute final

District action. The written order recording the final District action

shall contain the information set forth in this chapter. Copies of the

written order shall be served on all parties to the hearing.

shall, with or without rehearing, within ninety (90) days of the

final Board decision, give notice to the District by filing with the District

Clerk and to all persons who timely requested a hearing or timely filed

a notice of reliance, by mailing first class on the same day as notice is

provided to the District of the Tribe's intention to:

implement the Work Plan as approved following final District action,

including final District action under this chapter; or

implement the proposed Work Plan or amendment without complying

with part or all of final District action.

The notice shall contain the information set forth in this chapter.

7.1.3 Approval and Amendment of Work Plan -- Action Following Tribal

Notice

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7.1.3.1

Timeframe for Commencement of Suit The District

or any person who timely requested a hearing or timely filed a notice of

reliance, shall have forty-five (45) days to commence suit in federal

court, after filing by the Tribe of notice pursuant to this chapter with the

District Clerk. The District and any other party shall have the burden

of showing that the Tribe's proposed Work Plan or amendment

violates the Compact or the Manual.

If the District does not file suit in federal court within forty-five (45) days

of receipt of notice pursuant to this chapter, by the Tribe, the District

shall be deemed to have concurred with the Tribe's intention to

proceed as set forth in such notice. Any other person who timely

requested a hearing or who timely filed a notice of reliance shall have

ten (10) days following the expiration of the forty-five (45) day limit set

forth under this chapter to commence suit in federal court ex rel the

District to enforce final District action taken under this chapter.

Upon the filing of a suit in federal court by the District, all work

pursuant to the challenged Work Plan or amendment shall be stayed

pending resolution by the court or by settlement, unless the parties

agree otherwise.

7.1.4 Early Work Orders for Work Prior to Submission of a Tribal Work

Plan

7.1.4.1

Work that May be Authorized Prior to

Submission of a Tribal Work Plan

The Tribe and the District

recognize that certain kinds of work related to the construction and/or

alteration of surface water management systems, and incidental site

work associated with such systems, are not harmful either to the water

resources of the Tribe's Reservation and Trust Lands or to the water

resources of adjoining lands and that such kinds of work are

consistent with the objectives of both the Tribe and the District. If

such work satisfies the conditions set forth in paragraph B of this

subsection the commencement of such work may be authorized prior

to the approval of a Tribal Work Plan which includes the work. The

Water Resource Management Department of the Seminole Tribe

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(Department) may authorize such work by issuing an early work order

under procedures specified in the Tribal Water Code. This section

sets forth the requirements for qualifying for an early work order and

the procedures by which the Department shall give notice to the

District of its intent to issue an early work order and for the District to

interpose any objections it may have. No construction or alteration of a

surface water management system shall be commenced until the

permittee receives written authorization to proceed from the

Department.

Relationship to Tribal Water Code

The Tribal Water Code

sets forth the procedure through which a person can apply to the

Department for an early work order. Potential applicants should

consult the Tribal Water Code for further guidance.

Conditions

An applicant for an early work order must give

reasonable assurances that all of the following conditions will be

satisfied.

The proposed surface water management system must meet the

criteria specified in Chapter 4 of this Manual.

The project or incidental site work must not be located in natural water

bodies, viable wetlands habitat, surface waters of the state, or an

Outstanding Florida Water as listed in Rule 17-3.041, Fla. Admin.

Code.

If the project proposes to connect with, place structures in or across,

or otherwise make use of works of the District, the permittee must

obtain approval from the District for such use before commencing

work.

History Note: New 6-28-94.

7.1.4.2

Action by the Department

Notice to the District The

Department

shall

process

applications for early work orders in accordance with procedures set

forth in the Tribal Water Code, including the preparation of a report by

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the Administrator of the Department which shall include a

determination of whether the proposed work qualifies for any early

work order and, if conducted as planned, would comply with the Tribal

Water Code, the Compact, and all applicable federal and tribal

environmental laws and regulations. If the Administrator determines

that the proposed work so qualifies, the Administrator shall give notice

to the District that unless the District disapproves the application within

10 days as provided in subsection 7.1.4.3, the Department will issue

an early work order. The Administrator's notice to the District shall

include a copy of the application and the Administrator's report.

Authorization to proceed Unless the District disapproves the

application within 10 days as provided in subsection 7.1.4.3, the

Department may issue an early work order, which shall constitute

authorization to proceed with the early work specified in the

application. The authorization shall include any limiting conditions

requested by the District and may include any other reasonable

conditions that are appropriate to assure that the permitted work will

not be inconsistent with the overall objectives of the Tribe and the

District and will not be harmful to water resources protected under the

Compact. In addition, each early work order shall also include the

following conditions:

The early work order may be revoked by the Department at any time

for violation of:

the terms of its conditions;

other applicable Tribal law or regulations; or

the Water Rights Compact and Criteria Manual.

The applicant shall not refuse immediate entry or access to any

authorized representative of the Tribe or the District who requests

entry for purposes of inspection of the early work and presents

appropriate credentials.

If, in the opinion of Department or District staff, the incidental site work

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is the cause of adverse water resource impacts, the Department staff

will so notify the applicant and the applicant shall take corrective action

specified by the Department.

The property must be restored to the satisfaction of the Department if

the permit under the Tribal Water Code is ultimately denied or the

permitted project is otherwise not in accord with the incidental site

work authorized in the early work order.

The applicant agrees to hold and save the District and the Tribe

harmless from any and all liability arising from property damage or

bodily injury as a result of the work conducted pursuant to early work

order.

Any damage to off-site property which may have been caused by the

incidental site work authorized in the early work order must be

mitigated or otherwise offset to the satisfaction of the Department.

The activities are commenced at the applicant's own risk.

The applicant shall proceed to timely obtain all permits required under

the Tribal Water Code.

This early work order only applies to authorization from the South

Florida Water Management District and the Water Department of the

Seminole Tribe; it is possible that additional permits from federal

authorities may be necessary, and nothing contained herein relieves

the permittee from timely compliance with applicable federal and tribal

laws.

History Note: New 6-28-94.

7.1.4.3

Action by the District

Notice of objection The District may advise the Department

that, in its view, the proposed work does not qualify for an early work

order. Such notice of objection must be communicated to the

Department no later than 10 days from the date the Administrator's

notice to the District is received. In such cases, the District's action

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shall be final, not subject to review, and the Department shall not issue

an early work order.

Concurrence

The

District

may

expressly

indicate

concurrence in the proposed work by advising the Department in

writing that the Department may issue an early work order only if

certain specified conditions are included in the early work order. In

such cases, the Department shall include any such conditions if it

issues an early work order. If the District takes no action within 10

days from the date the Administrator's notice is received (or if the tenth

day falls on a Saturday or Sunday or holiday on the next working day),

the District shall be deemed to have given its concurrence for the

Department to issue an early work order.

History Note: New 6-28-94.

7.1.4.4

Reporting in Next Annual Work Plan The

Department shall include a summary report of all work authorized

under early work orders in any year in the next annual work plan

submitted to the District. The District's review of such work and

associated planned work included in the proposed work plan shall be

on a de novo basis -- the fact that certain aspects of the work may

have been completed shall not determine whether the remainder of

the work will be authorized or whether work that has been completed

complies with the requirements of the Compact.

History Note: New 6-28-94

7.1.4.5

Work Orders

Expiration, Revocation or Suspension of Early

Each early work order shall expire on the date of final District

action, or federal district court action, whichever is later, on the Tribal

Work Plan, which includes the project for which the early work order

was issued. Any further work associated with the early work order

must thereafter be authorized in a Tribal Work Plan approved under

the Compact.

Violations of this section or of any of the conditions included in

an early work order may result in revocation or suspension of the early

work order.

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The Administrator may revoke or suspend an early work order as

provided in the Tribal Water Code.

History Note: New 6-28-94

7.1.5 Enforcement of Compact Rights and Obligations Other Than the

Work Plan and Amendments

7.1.5.1

Tribe and District

In any instance where the District notifies the Tribe that it has

initiated rulemaking for establishment of new programs or changes in

rules, regulations or procedures, under the provisions of Part II(J)(5) of

the Compact, the District will use its best efforts to advise the Tribe as

to the specific portion of the new program, rules, regulations or

procedures it believes may be appropriate for application to the Tribe.

Following notice from the District, the Tribe will use best efforts to

advise the District as early as possible of its concerns by providing

comments during the development of the rules.

The District and the Tribe shall use best efforts to resolve

disputes concerning the enforcement of rights and obligations created

by the Compact through informal meetings, or if agreed, through

mediation, arbitration, or third party facilitation. Notwithstanding the

notice requirements for filing suit in federal court specified in this

chapter, each party shall give the other earlier notice of intention to

commence suit in federal court if practicable.

If the Tribe believes that the District or other person is engaged

in or will engage in conduct violating the Compact, the Tribe shall give

the District fifteen (15) days notice before commencing action in

federal court to enforce the Compact, unless the delay would cause

irreparable injury, and the Tribe is seeking a temporary restraining

order. Such notice shall contain the information set forth in this

chapter.

If the District believes the Tribe is engaged in or will engage in

conduct violating the Compact, the District shall give the Tribe fifteen

(15) days notice before commencing action in federal court to enforce

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the Compact, unless the delay would cause irreparable injury, and the

District is seeking a temporary restraining order. Such notice shall

contain the information set forth in this chapter.

The Tribe may request a hearing before the Board on the matter in

issue. If the Tribe requests a hearing, the District shall not commence

action in federal court until the Board has finally disposed of the matter

in issue unless the delay would cause irreparable injury, and the

District is seeking a temporary restraining order. The request for

hearing shall contain the information set forth in this chapter.

If the Tribe has by Tribal Council Resolution requested the District to

enforce the provisions of the Compact against any third party pursuant

to this chapter, the District shall not commence action in federal court

until the Board has responded to the Tribe's request for assistance

unless the delay will cause irreparable injury and the District is seeking

a temporary restraining order.

History Note: Amended and renumbered 6-28-94

7.1.5.2

Enforcement by the Tribe and the District Against

Persons Conducting Activities on Reservation and Tribal Trust

Land In individual cases the Tribe may, through Tribal Council

Resolution, request the District to enter Reservation and Tribal Trust

Lands for the purpose of enforcing the provisions of the Compact

against persons other than the Tribe conducting activities on

Reservation or Tribal Trust lands.

The request accompanying the Resolution shall specify to the

best of the Tribe's knowledge the identity of the alleged violator, the

location and nature of the alleged violation, and any additional

information deemed relevant or material by the Tribe. The District

may request the Tribe to provide other information reasonably

necessary to aid in investigating the Tribe's request.

Upon Tribal request through Resolution, the District shall

investigate the allegations contained in the Resolution. The Tribe

shall assist the District in the investigation of the allegations. The

District shall complete its investigation within thirty (30) days of receipt

of the Tribal request through Resolution.

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Within ten (10) days of completion of the investigation, the

District shall advise the Tribe of the District's findings and any

proposed enforcement action the District intends to take.

The District may use any State administrative and judicial

procedures authorized under State law and District rules, regulations

and orders to satisfy the Tribal request through Resolution.

Absent such Resolution, the District must challenge alleged

violations of the Compact through the procedures set forth under

Chapter 7 of this Manual and Part (VIII) of the Compact and will defer

to Tribal jurisdiction exercised pursuant to the Tribal Water Code

approved under the Compact.

7.1.5.3

Conflicts with Permit Applications or Other

Requests for Approval

The Tribe shall identify to the District geographical areas and

types of permit applications or other requests for approval for which

the Tribe desires the District to provide notification. The Tribe may

periodically amend its request for notice. The District shall use best

efforts to notify the Tribe of any other permit applications or other

requests for approval that may potentially affect the Tribe's rights

under the Compact.

Within fifteen (15) days of receipt, the District shall give written

notice to the Tribe of any permit application or other request for

approval of which the Tribe requests notice under this chapter. The

notice shall contain the information set forth in this chapter.

Within twenty (20) days of receipt of notice of application, the

Tribe may request notice of proposed District action, and may

comment on the permit application or any other request for approval,

and shall furnish any additional information explaining and supporting

its comments. The District staff shall expressly consider the Tribe's

comments and shall address such comments in the District's written

analysis of the application.

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The District shall provide the Tribe with notice of proposed

District action on those applications and other requests for approval for

which the Tribe has requested notice of proposed District action or

provided comments under this chapter, and a copy of the District's

analysis of the applications or other requests for approval. The notice

shall contain the information set forth in this chapter and include a date

for filing notice of objection by the Tribe. The Tribe shall be given a

reasonable time, but not less than ten (10) days to file such a notice of

objection.

The Tribe may, within the period for filing specified in the District

notice, file a notice of objection with the District Clerk and the

applicant.

The notice of objection shall contain the information set forth in this

chapter and shall state with reasonable specificity the basis for the

Tribe's objection and the Compact rights affected.

Within twenty (20) days of receipt of a Tribal notice of objection, the

applicant shall file a response with both the District Clerk and the

Tribe.

Failure by the Tribe to timely file a notice of objection shall

preclude the Tribe from further objection to the proposed District action

unless a timely request for hearing is filed by the applicant or a

substantially affected third person; or the Board takes final District

action which differs materially from the proposed District action.

The District shall notify the Tribe within ten (10) days of the filing with

the District Clerk of any request, by the applicant or a substantially

affected third person, for a hearing pursuant to state law concerning

any application or other request for approval of which the Tribe

receives notice under this chapter.

No later than the date final District action is filed with the District Clerk,

the District shall serve the Tribe with copies of any final District action

which differed materially from the proposed District action which was

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noticed to the Tribe under this chapter.

At the next regularly scheduled Board meeting following receipt

of the Tribe's notice of objection, the Board shall review the Tribe's

notice of objection and shall determine whether the proposed District

action would substantially and adversely affect the Tribe's rights under

the Compact.

If the Board determines that the proposed District action would not

substantially and adversely affect the Tribe's rights under the

Compact, and no administrative hearing under state law is requested

by the applicant or other substantially affected third person, the Tribe

shall have thirty (30) days to file suit in federal district court. Such

court action shall be decided in a timely manner as provided in the

"Seminole Land Claims Settlement Act of 1987".

If the Board determines that proposed District action will substantially

and adversely affect the Tribe's rights under the Compact, final District

action shall be modified to resolve those objections raised by the Tribe

that have been determined to substantially and adversely affect the

Tribe's rights under the Compact. If the final District action differs

materially from proposed district action, the applicant and others who

have been notified of proposed District action shall have an

opportunity to request a hearing pursuant to District rules. If the Tribe

continues to object to the modified final District action and no

administrative hearing is requested, the Tribe shall have thirty (30)

days to file suit in federal district court. Such court action shall be

decided in a timely manner as provided in the "Seminole Land Claims

Settlement Act of 1987". If no hearing is requested and the Tribe

does not file suit, the modified final District action shall become final

District action.

If an administrative hearing under state law is requested,

concerning an application or other request for approval of which the

Tribe receives notice under this chapter, the Tribe shall have thirty (30)

days from the date of either filing of the request for hearing or Board

evaluation of a Tribal notice of objection, whichever occurs later, to

elect:

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to intervene as a party to the administrative hearing; or

to request in writing that the District, in the event the Board has

determined that the proposed District action substantially and

adversely affects the Tribe's rights under the Compact, represent the

Tribe's interest in whole or part in the administrative hearing, provided

that such representation will not involve the District in a conflict of

interest as provided in Chapter 112, Florida Statutes (1985); or

to refrain from participating in the administrative hearing; or

to file an action in federal district court which shall be decided in a

timely manner as provided in the "Seminole Land Claims Settlement

Act of 1987". The court action shall stay any administrative hearing

on the issues raised in such action, unless a party to the hearing

demonstrates to the court that the Tribe will not be unreasonably

injured and allows the hearing to proceed.

If the Tribe requests the District to represent the Tribe's interests

in the state administrative hearing pursuant to this chapter, the District

shall represent the Tribe's interests unless and until the District

determines a conflict of interest exists or unless and until the Tribe

requests the District to terminate representation of Tribal interests.

Immediately upon District determination of a conflict of interest or a

Tribal request for termination of District representation, the District and

Tribe shall notify all parties to the administrative hearing and the

presiding hearing officer.

If the District determines there is a conflict of interest, the

administrative hearing shall be stayed for a period of no less than thirty

(30) days to allow the Tribe time to assume its own representation. If

the Tribe requests the District to terminate representation, the Tribe

may seek a stay of the administrative hearing, which shall not be

unreasonably withheld.

If the Tribe elects to proceed under subparagraphs 1, 2, or 3 of

paragraph (H) of this subsection, the Tribe shall not file any action in

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federal district court until final District action has occurred. Any court

action filed under this paragraph shall be filed within forty-five (45)

days of the date of final district action and shall be limited to review of

the final District action. Such review shall not be de novo.

If the District fails to provide notice as required under this

chapter, and the Tribe has not or could not with reasonable diligence

have learned of any District action on the application for permit or

other request for approval in time to participate in the proceedings

under this subsection, the District shall give actual notice to the Tribe

immediately upon discovering the failure. The Tribe shall have

twenty-one (21) days from receipt of actual notice to file a notice of

objection with the District Clerk and request a hearing to consider the

issues raised in such notice of objection. The notice shall contain the

information set forth in this chapter. If final District action has

occurred, the District shall give notice to the applicant that such final

District action is no longer final. Regardless of whether final District

action has occurred, the District, Tribe, applicant and substantially

affected third person shall proceed under the provisions of this

chapter, as though notice were properly given in the first instance.

7.1.5.4

Substantially Affected Third Persons

Any substantially affected third person may file a written

complaint with the District Clerk alleging that the Tribe or District is in

violation of any of the provisions of the Compact, the Manual, or the

terms and conditions of any approved work plan.

The complaint shall contain the information set forth in this

chapter. Upon the filing of the complaint with the District Clerk, the

District shall give the Tribe notice and a copy of all materials filed.

Upon receipt of a complaint filed pursuant to this subsection, the

District shall conduct an investigation and make a determination as to

whether there are substantial grounds to believe a violation has

occurred, and whether any enforcement action is necessary. The

District may conduct other investigations as are authorized or required

by State law, District rules, regulations and orders. The District shall

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give notice to the complainant and the Tribe of its findings and

intended enforcement action, if any.

If the complainant or the Tribe is not satisfied with the District's

findings or intended action upon completion of the investigation, either

party may file a request for a hearing before the Board. Such request

shall be filed within fourteen (14) days of notice of the District findings,

and shall contain the information set forth in this chapter. The hearing

shall be scheduled for Board consideration no later than forty-five (45)

days after the request for hearing is filed. The Tribe and the

complainant may participate in the hearing. The Board shall take final

District action concerning the complaint. No action in federal district

court shall be commenced until the Board has taken final District

action, unless delay would cause irreparable injury, and the relief

requested is a temporary restraining order.

7.2

EMERGENCY SITUATIONS

7.2.1 Emergency Action by the Tribe

In the case of serious and unforeseen or unforeseeable

circumstances, the Tribe may take emergency action which may be in

violation of the Compact, the Manual, or the terms and conditions of

approved work plans. Within 24 hours of the occurrence of the

emergency, the Tribe shall give the District notice, by the best means

available, of the emergency and the intended action of the Tribe.

Unless the Tribe and the District agree otherwise, the Tribe shall

present to the Board, at the first monthly meeting of the Board

following the emergency action, a report of action taken under this

subsection along with any action the Tribe proposes for conforming

specific acts taken during the emergency to the Compact and the

Manual. The Board may, at the following Board meeting, require the

Tribe to conform specific acts taken under this subsection to the

standards set forth in the Compact. Failure by the Board at such

Board meeting to request the Tribe to conform its acts shall constitute

acceptance of the results of the Tribe's emergency acts and shall

constitute final District action, unless the Tribe and the District agree

otherwise. The Tribe shall, within sixty (60) days of the Board's

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request, notify the District of the Tribe's intention to comply, or refusal

to comply, with part or all of the request. The notice shall contain the

information set forth in this chapter. The District shall have forty-five

(45) days from filing of the Tribe's notice under this subsection to

commence action in federal district court. If the District does not file

suit in federal district court within the forty-five (45) days, the District

shall be deemed to have accepted the results of the Tribe's

emergency acts.

Nothing in (A) of this section shall limit the District from issuing

emergency action orders and taking emergency actions pursuant to

this chapter.

7.2.2 Emergency Action by the District

The District shall employ the resources of the District to take all

reasonable action necessary to alleviate any emergency condition

governed by this subsection.

Notwithstanding any other provision in this chapter, the District

may issue an emergency order, other than a water shortage

emergency order, to the Tribe when the following factors are present:

the time requirements set forth under this chapter cannot reasonably

be satisfied; and

the situation is due to construction, alteration, operation, maintenance,

or abandonment of Tribal facilities authorized pursuant to the

Compact, and there exists either imminent danger to life or property,

or imminent danger of irreparable harm to water resources.

The District may issue an emergency water shortage order to

the Tribe when the following factors are present:

the District has imposed water shortage restrictions on the Tribe and

other similarly situated users by class of use, source, or manner of

withdrawal as authorized under Part (III)(D)(1) of the Compact; and

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the District affirmatively finds that the imposition of further restrictions

by class of use, source, or manner of withdrawal will not prevent

irreparable harm to the water resources of the District or significant

harm to human health and safety; and

the District affirmatively finds that the imposition of restrictions on the

Tribe's use, source, or manner of withdrawal which are different from

those imposed on other users, is necessary to prevent irreparable

harm to the water resources of the District or significant harm to

human health and safety.

An emergency order issued pursuant to (B) and (C) of this

section shall state with particularity the action to be taken, that the

requirements of (C) of this section have been met, and the expiration

date of the emergency order.

The emergency order shall require only such action as is essential to

alleviate the emergency; and

the duration of the emergency order shall be no longer than the time

necessary to alleviate the emergency, not to exceed the expiration

date set forth in the emergency order.

Any emergency orders issued under this section shall be

presented to the Board for ratification at the first monthly meeting

following the issuance of the emergency order.

If the Tribe objects to part or all of an emergency order, the Tribe

may request a hearing before the Board.

The request must be in writing, must contain the information set forth

in this chapter, and must be filed with the District Clerk within three (3)

days of service on the Tribe of the emergency order. The Board shall

hold a hearing and shall render its decision at the next Board meeting

following the filing of the request which shall constitute final District

action, unless the parties agree otherwise.

Unless the Tribe files notice pursuant to (G) of this section, the Tribe

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shall comply with all provisions of the emergency order until the Board

determines otherwise or until the emergency order expires, whichever

occurs first.

In the alternative, the Tribe, within three (3) days of service on

the Tribe of the emergency order, may file with the District Clerk a

notice of refusal to comply with part or all of the emergency order.

The notice of refusal to comply shall state with reasonable specificity

the part or parts of the emergency order with which the Tribe does not

intend to comply and the basis for the refusal to comply;

The District, following notice to the Tribe, may petition the federal

district court for a temporary restraining order to enforce the

emergency order.

Within forty-five (45) days of the expiration of the emergency

order, the Tribe may request the District to remedy the effects of

specific acts taken pursuant to the emergency order. The District

shall not be required to remedy the effects of acts taken to bring the

Tribe into compliance with the Compact or Manual. The District shall,

within forty-five (45) days of receipt of the request to remedy, notify the

Tribe of the District's intent to comply, or refusal to comply, with part or

all of the request. The notice shall contain the information set forth in

this chapter. Upon receipt of a notice of refusal, the Tribe may

commence action in federal district court.

7.3

INFORMATION REQUIREMENTS AND CHECKLISTS

7.3.1 Information Requirements This section includes a description of the

information requirements.

7.3.1.1

Proposed Work Plan

submitted under 7.1 shall contain:

A proposed Work Plan

A status report on any previously approved Work Plans, if a

status report is a condition to any approved Work Plan which has not

been completed, abandoned, or terminated.

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Information on proposed increases in water use, describing the

type of use, method, location and amount of withdrawal. The plan

shall provide information crucial to the District to determine

reasonable-beneficial use; impact, if any, on presently existing legal

users protected under the Compact, and impact on natural systems.

Information on proposed pesticide use and underground

injection plans.

And information on proposed surface water management work

including, but not limited to, a description of purpose, type, and design

specifications. The Work Plan shall provide information required to

enable the District to assess impact on water resources, water

quantity, and water quality.

7.3.1.2

Notice of Receipt of a Proposed Work Plan

Notice of receipt of a proposed Work Plan under 7.1.1 shall

contain:

A description of the physical location of the property affected in

the proposed Work Plan.

A general description of the projects proposed in the Work Plan.

And:

A statement that notice of further action will be provided only to

persons who have requested such notice in writing by July 15.

7.3.1.3

Notice of Proposed District Action

proposed District action under 7.1.1.5 shall contain:

Notice

A statement that the District recommends objection, or

concurrence in whole or in part with the proposed Work Plan, with or

without conditions.

A statement that the staff report provides supporting reasons for

the District's recommendations. And:

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A statement that requests a hearing must be filed with the

District Clerk and the Tribe on or before August 4.

7.3.1.4

Request for a Hearing A request for a hearing under

7.1.1.7 shall contain:

A request for a hearing by the Tribe shall contain:

The specific exceptions to the proposed District action.

A demand for relief, which may include, but is not limited to, a request

that the hearing be delayed beyond the September Board meeting.

Or:

A notice of revision and resubmittal of the revised proposed Work Plan

to the District. And:

Any other information that the Tribe deems relevant.

A request for a hearing by a substantially affected third person

shall contain:

The name and address of the third person.

An explanation of how a non-frivolous interest of the third person will

be substantially affected.

The specific exceptions to the Tribe's proposed plan or the proposed

District action including reference to specific provisions of the Compact

or Manual allegedly violated. And:

Other information the third party contends is relevant.

A request for a hearing by a State agency as listed under Part

(I)(J) of the Compact shall contain:

The specific exceptions to the Tribe's proposed plan or the proposed

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District action, including reference to specific provisions of the

Compact, Manual, or applicable federal laws allegedly violated.

An explanation of how the agency will be substantially affected.

A demand for relief. And:

Other information the agency contends is relevant.

7.3.1.5

Notice of Reliance

7.1.1.8 shall contain:

A notice of reliance under

The name and address of the person filing the notice.

An explanation of how the non-frivolous interest of the person

filing will be substantially affected.

A concise statement regarding how the person is relying upon

the proposed District action.

And any other information the person contends is relevant.

7.3.1.6

Tribal Request for a Rehearing A Tribal request

for rehearing following District action under 7.1.2.1(A) shall contain:

Specific objections to the final District actions.

A demand for relief. And:

Any other information the Tribe contends is relevant.

7.3.1.7

Written Final District Order A written final District

order under 7.1.2.1(A) shall contain:

A statement of the final District action, including, but not limited

to, a statement of the Board's objection, concurrence, or concurrence

in part with the proposed Work Plan, with or without conditions. And:

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A detailed explanation of the basis for the final District action.

7.3.1.8

Tribal Intent

under 7.1.2.1(B) shall contain:

Written notification of Tribal intent

A statement indicating that the Work Plan as approved, following

final District action, will be implemented. Or:

A statement indicating the Tribe will implement the proposed

Work Plan without complying with part or all of final District action.

Notification of compliance with part shall include which part will be

implemented.

7.3.2 Information Requirements for Proceedings Other than Work Plan

Proceedings

7.3.2.1

Notice of Intent to File Suit A notice of intent to file

suit under 7.1.5.1(B) and 7.1.5.1(C) shall contain:

A description of the action in which the District, the Tribe or other

person believe that the Tribe, the District or other person is, or will be,

engaged in and which violates, or will violate, the Compact.

A citation of the specific provisions of the Compact, Manual, or

approved active Work Plan which is, or will be, violated by the Tribe's

conduct. And:

A statement of relief sought.

7.3.2.2

Request for a Hearing A request for a hearing under

7.1.5.1(C)(1) shall contain:

A concise statement as to why the conduct challenged by the

District does not violate the specific provisions of the Compact, the

Manual, or an active Work Plan alleged by the District to be violated.

And:

Any other information the Tribe contends is relevant.

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7.3.2.3

Application

shall contain:

Notice to the Tribe of Receipt of Permit

Notice of receipt of a permit application under 7.1.5.3

A description of the physical location of the parcel for which an

application for a permit or other for approval has been received.

A general description of the purpose of the permit application or

other request for approvals. And:

A statement identifying the project location for the permit

application or other request for approval as within the Tribe's

designated request area under 7.1.5.3(A); or, as identified through the

District's best efforts, to be located outside the Tribe's designated

request area but potentially affecting the Tribe's rights under the

Compact.

7.3.2.4

Notice to the Tribe of Proposed District Action

Notice of proposed District action on an application under

7.1.5.3(D) shall contain:

A statement that proposed District action recommends approval,

rejection, or approval with conditions of the request for a permit or

other approval.

A concise explanation of how the proposed agency action

affects the Tribe's rights under the Compact.

A statement that the District's written analysis

provides

supporting reasons for the proposed District action and the effect such

action will have on the Tribe's rights under the Compact. And:

A deadline for filing notice of objection.

7.3.2.5

Notice of Objection to the Proposed District

Action

Notice of objection to the proposed District action on an

application under 7.2.5.3(E)(1) shall contain:

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The specific objections to the permit application or other request

for approval.

A concise explanation of how specific rights of the Tribe under

the Compact will be substantially and adversely affected by the

approval, or approval with conditions, of the permit application or other

request for approval. And:

Any other information the Tribe contends is relevant.

7.3.2.6

Actual Notice of Objection An actual notice of

objection to the permit application or other request for approval under

7.1.5.3(K) shall contain the information required under 7.3.2.5.

7.3.2.7

Written Complaint

A written complaint by a

substantially affected third person under 7.1.5.4(B) shall contain:

The name and address of the person filing the written complaint.

An explanation of the non-frivolous interest of the person filing

and how such non-frivolous interest is substantially affected.

An explanation of how the conduct of the Tribe or the District

violates specific provisions of the Compact, the Manual, or the terms

and conditions of an active Work Plan. And:

Any other information the person contends is relevant.

7.3.2.8

Request for a Hearing A request for a hearing by

the complainant or Tribe to the findings of the District to the written

complaint under 7.1.5.4(D) shall contain:

A statement that the complainant filed a written complaint under

7.1.5.4(A), and a summary of the nature of the complaint.

Specific objections to the District's findings and intended action,

including an explanation as to the failure of the District's findings and

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intended agency action to address the allegations raised in the written

complaint.

The remedy requested. And:

Any other information the person contends is relevant.

7.3.3 Information Requirements for Emergency Situations

7.3.3.1

Notice of Intent to Comply or Refusal to Comply

A notice of intent to comply or a refusal to comply to an

emergency order under 7.2.1(A) shall contain the following:

A statement that the Tribe or the District intends to comply with

the request to comply, or refuses to comply in whole or in part with a

request to comply.

If the Tribe or the District refuses to comply in part, a specific

statement identifying the parts of the request with which the Tribe or

the District intends to comply and the parts with which the Tribe or the

District refuses to comply.

The basis for any refusal to comply with a request to comply.

Information regarding any other actions the Tribe or the District

intends to take to comply with the request to comply, and the time

schedule for such actions.

7.3.3.2

Request for a Hearing to an Emergency Order

A request for hearing to an emergency order under 7.2.2(F)(1)

shall contain:

A statement as to the specific parts of the emergency order to

which the Tribe objects.

The basis for the Tribe's objection to part or all of the emergency

order. And:

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Any other information the Tribe contends is relevant.

7.3.3.3

A notice of intent to comply or refusal to comply

under 7.2.2(H) shall contain the information required under 7.3.3.1

7.3.4 Information Requirements for Modification and Amendment of

Manual

7.3.4.1

Request for a Hearing A request for a hearing by

substantially affected third persons under Part (VII)(G)(4)(b) of the

Compact shall contain:

The name and address of the person filing the request.

An explanation of the non-frivolous interest of the person filing

and how such non-frivolous interest is substantially affected.

An explanation as to how the agreement to modify, amend, or

otherwise change the Manual violates the Compact. And:

Any other information the person contends is relevant.

7.3.5 Applicable Checklists Applicable tables

included at the end of this Chapter.

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for

the

checklists

are

7.3.5.1

Checklist for Public Water Supply

This

checklist is for a typical project. Complex projects and large

withdrawals in sensitive areas may require additional information.

General

State the requested annual quantity of water (gals/year) needed. This

quantity should equal the annual quantity which will be pumped at a

future point in time, or may equal the existing pumpage if no future

increases in pumpage are anticipated. The requested quantity should

equal average daily pumpage multiplied by three hundred sixty-five

(365) days.

Explain briefly the derivation of annual demand:

Indicate the projected population used to determine the annual

demand.

Indicate proposed consumption of water per capita on a

permanent population basis. If proposed per capita consumption is

greater than existing consumption, please explain the difference.

Indicate the maximum daily pumpage associated with the projected

average day pumpage.

Indicate the amount of maximum daily to average daily demand ratio

used in calculating the projected maximum daily pumpage. Explain

briefly the basis for using this number.

Indicate the source of water.

Location

Provide a location map.

Provide a map delineating the area to be served and a site map of

existing and proposed wellfield and treatment plant facilities. Number

the wells, pumps and culverts on the map to correspond with Tables

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A, B, and C.

Facilities

Describe all existing and proposed wells by completing Table A.

Describe all existing and proposed surface water pumps by completing

Table B.

Describe all existing and proposed culverts essential to the operation

of the wellfield by filling out Table C.

Describe the existing wellfield operation schedule, including those

wells that are primary, secondary, stand-by, and the well rotation

schedule.

Population, Service Area, and Water Use

Indicate the number of people, and number of equivalent residential

connections presently served.

Indicate - in acres - the size of area served.

Provide information on present, past, and projected water use by filling

out Tables D, E, and F.

Raw Water Quality

quality.

Provide recent information on raw water

Water Problems Explain any problems the utility or any other

user is currently experiencing or causing as a consequence of

withdrawals.

Irrigation If any of the projected water use will be for irrigation

of golf courses or park areas, please indicate the following:

Area in acres which will be irrigated.

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Type of vegetation to be irrigated.

Approximate maximum monthly water use.

Approximate average annual water use. And:

Show irrigated area on map.

Impacts

Will the proposed water use affect domestic, irrigation, or other public

water supply wells?

Will the proposed water use affect any adjacent lake levels?

Will the proposed water use cause saltwater intrusion?

Will the proposed water use impact environmental features that have

either a direct or indirect relationship to the water resources of the

District (wetland habitat, natural water bodies, intermittent ponds,

upland areas), preferred habitats for rare, endangered or threatened

species?

Reverse Osmosis Treatment

proposed indicate the following:

reverse

osmosis

Withdrawal capacity.

Potable water supply capacity.

Reject water discharge capacity.

The treatment efficiency ratio.

The amount of raw water that can be blended with the R.O. permeate.

The highest level of total dissolved solids (TDS) or chlorides that can

be efficiently and economically treated using the installed membranes.

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The chloride ion concentration in both the reject water and receiving

water body. And:

Location of effluent discharge on a map.

7.3.5.2

Irrigation Water Use Checklist

The

following water uses should utilize this checklist: Livestock, nursery,

recreational area, soil flooding, agricultural, freeze protection, golf

course and landscape irrigation.

This checklist is for a typical project. Complex projects, large

withdrawals, or withdrawals in sensitive areas, may require additional

information. Only the applicable information need be submitted.

General

If the project is existing, an aerial photograph that shows the crop must

be submitted with the application.

Indicate the source of water.

Location

Provide a location map.

Provide a site map showing the property boundaries, irrigated area,

wells, pumps, culverts, canals, ditches, roads, and other landmarks.

Number the wells, pumps and culverts to correspond with Tables A, B,

and C. Show areas served by irrigation systems as described in

Table G.

Facilities

Describe all existing and proposed wells by completing Table A.

Describe all abandoned flowing wells by completing Table A.

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Describe all existing and proposed surface water irrigation pumps by

completing Table B.

Describe all existing and proposed irrigation withdrawal culverts by

completing Table C.

Crop Type by Irrigation System For each type of irrigation

system (flood, drip, microjet, overhead) fill out a Table G form. For

example, if a grower has one hundred fifty (150) acres of citrus on

drip and five hundred (500) acres on flood, two copies of the Table G

form would need to be filled out, one for drip and another for flood

irrigation. Three copies of the Table G form are attached. "Acres

planted" is the irrigated acreage minus roads, ditches, canals, swales.

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Water Usage

Indicate the amount of water required, on a maximum monthly basis,

for irrigation of each crop.

Explain the basis for the crop requirements in "1" if different from

Chapter 3 of the Manual.

Water Problems Explain any water problems currently being

experienced by the Tribe as a result of withdrawals.

Frost Protection Describe methods of freeze protection and

water quantities desired.

Impacts

Will the proposed water use affect domestic, irrigation, or other public

water supply wells?

Will the proposed water use affect adjacent lake levels?

Will the proposed water use cause saltwater intrusion?

Will the proposed water use affect environmental features that have

either a direct or indirect relationship to the water resources of the

District (wetland habitat, natural water bodies, intermittent ponds,

upland areas) and preferred habitats for rare, endangered or

threatened species?

7.3.5.3

Checklist for Mining Dewatering Water Use This

checklist is for a typical project. Complex projects, large withdrawals,

or withdrawals in sensitive areas may require additional information.

Only the applicable information need be submitted.

General

Explain in detail why dewatering is necessary. Indicate the method of

excavation.

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Explain briefly the derivation of the requested annual demand and

average daily withdrawal.

Indicate the maximum daily pumpage and how it was derived.

Indicate the source of water.

Location

Provide a location map.

Provide a site map, showing pit area (existing and/or proposed

dimensions, including maximum depth of excavation); stockpile area;

dikes and levees (cross sections designating height, width, side

slopes); retention/detention area location and linear extent; pumps;

culverts; structures (with numbers to correspond with Tables A and B);

ditches; and canals (designating side slopes and dimensions including

height, width and depth).

Provide an aerial photo and topographic map of the site.

Facilities

Describe all existing and proposed surface water pumps by completing

Table B.

Describe all existing and proposed culverts by completing Table C.

Operation Description

Indicate the elevation to which the ground water level will be drawn

down as a consequence of dewatering. Indicate the maximum depth

of the pit to be excavated.

Describe how discharge turbidity will be controlled.

Historical Information - Water Problems

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Provide information on past construction and practices, pumpage, and

pollution.

Describe any water problems that have occurred within one mile of the

project site.

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Water Table/Geologic Borings Data

Provide information on

wet and dry season water table elevations. Include logs and attach

data of borings that have been made at the pit site.

Drainage System (Stormwater) Indicate the routing of

stormwater and retention/detention system facilities.

Provide

computations.

Structural Stability

Provide information on the structural

stability of dikes, levees, structures and pit slopes.

If a Landfill Operation in Conjunction with the

Mining/Dewatering Project (in addition to above detailed

requirements) is proposed, provide the following -1.

Landfill location map and site map.

Date landfill started operating.

Expected life of landfill.

Type of waste accepted (please indicate the type of waste accepted in

the past if different from waste accepted presently).

Methods of waste disposal, indicating how and where the waste is and

has been buried. Elaborate on waste buried below the water table.

Site engineering plans and information, to include:

Groundwater pollution control measures.

Leachate collection system and treatment. Has leachate been

found at the site? And:

Location and type of liners.

Monitoring program for groundwater pollution control. If any:

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Please indicate location of monitoring wells on a map showing

areal extent and location of landfill.

Provide well logs and well construction detail.

Supply all water quality and water level data collected during the

monitoring program. And

Supply any additional information or reports related to the effect

of the landfill on groundwater quality or levels.

Evaluation/Impact

Will the dewatering operation affect off-site building foundations?

Will the dewatering operation significantly affect adjacent lakes,

domestic water use, or irrigation wells?

Will the dewatering operation cause saline water intrusion or potable

water to be discharged to tide water?

Will the dewatering operation impact environmental features that have

either a direct or indirect relationship to the water resources of the

District (wetland habitat, natural water bodies, intermittent ponds,

upland areas), preferred habitats for rare, endangered or threatened

species?

7.3.5.4

Checklist for Industrial Water Use

The

following water uses must utilize this checklist: Power production,

commercial and industrial processes, cooling and air conditioning,

navigation, water based recreation, aquacultural, diversion and

impoundment into non-District facilities, any other uses which are not

on the checklist.

This checklist is for a typical project. Complex projects, large

withdrawals, or withdrawals in sensitive areas may require additional

information. Only the applicable information need be submitted.

7-39

General

Indicate the quantity of water needed as an annual demand

(gals/year), and whether it is the annual quantity which will be pumped

at a future point in time, or is equal to the existing pumpage if no future

increases in withdrawals are anticipated. The requested quantity

should equal the projected average day pumpage multiplied by 365

days.

Explain briefly the derivation of the requested allocation.

Indicate the maximum daily pumpage associated with the projected

average daily pumpage.

Indicate the maximum day to average day demand ratio used in

calculating the projected maximum day pumpage. Explain briefly the

derivation of this number.

Indicate the source of water.

Location

Provide a location map.

Provide a site map, showing the location of wells, pumps, and culverts

which correspond with Tables A, B, and C.

Facilities

Describe all existing and proposed wells by completing Table A.

Describe all existing and proposed surface water pumps by completing

Table B.

Describe the existing pump operation schedule, including which

pumps are primary, secondary, stand-by, and pump rotation schedule.

Process

Describe the process and how water is used in the

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process. Indicate the nature of changes to the water by the process

including thermal, physical, and chemical changes.

Water Usage

Fill out Table D using the most recent twelve

(12) months of pumpage records.

Water Problems Explain any water problems

experienced within one (1) mile of the project site.

currently

Wastewater Disposal Describe

the

manner

which

wastewater is disposed (i.e., evaporation, percolation ponds, drainage

wells, canal discharge, spray irrigation)

Impacts Document any impact on other users, the saline

water interface, adjacent water bodies, land uses, or pollution sources

that the proposed withdrawals may have.

Will the proposed water use affect domestic, irrigation, or other public

water supply wells?

Will the proposed water use affect adjacent lake levels?

Will the proposed water use cause saltwater intrusion?

Will the proposed water use affect environmental features that have

either a direct or indirect relationship to the water resources of the

District (wetland habitat, natural water bodies, intermittent ponds,

upland areas), preferred habitats for rare, endangered or threatened

species?

7.3.5.5

Checklist for Surface Water Management

Site Information Must Include:

A detailed location sketch.

Topographic map (with contours) of the site and adjacent

hydrologically related areas, showing location and description of bench

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marks (minimum of one per major water control structure).

Overall map of the area showing where runoff presently goes; and

size, location, topography, and land use of off-site areas which drain

through, onto, and/or from the project.

Identification of seasonal water table elevations. If the project is in the

known floodway of a natural stream, it should be identified and

approximate flooding depths determined. The one hundred (100)

year flood plain elevations and limits should be identified if applicable.

A description of vegetative cover. Wetland areas and wetland areas

to be traded/mitigated should be identified.

A recent aerial photograph of the project area with project boundaries

delineated.

Paving, grading and drainage plans, with special attention to perimeter

site grading.

Percolation tests must be submitted if percolation or exfiltration

systems are proposed. Percolation tests shall be representative of

design conditions.

Complete description of measures to be implemented during the

construction period to mitigate adverse quantity and quality of off-site

impacts. And:

10.

Indicate whether surface or groundwater withdrawals are proposed for

irrigation or other on-site water use.

Submit Master Drainage Plan Showing:

Location of all water bodies with details of size, side slopes, elevations

and depths.

Location and details of all major water control structures. Control

elevations of the control structures must be included along with any

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seasonal water level regulation schedules.

Drainage basin boundaries showing direction of flow, taking into

account off-site runoff being routed through or around the project.

Locations of roads and buildings along with their proposed elevations.

Sufficient site grades to justify the proposed stage storage curves.

Right-of-way and easement locations for the drainage system,

including all areas to be reserved for water management purposes,

describing the legal method to be utilized.

Location and size of internal minor water management facilities. And:

Nearby existing off-site water management facilities such as wells,

lakes, which might be affected by the proposed construction or

development. The names and addresses of the owners of such

facilities should also be submitted.

Submit Drainage Calculations, Including:

Design storms used, including depth, duration and distribution.

Off-site inflows.

Stage storage computations for the project and stage discharge

computations for the outfall structure(s).

Acreages and percentage of property proposed as:

Impervious surfaces (excluding water bodies).

Pervious surfaces (green areas).

Lakes, canals, retention areas. And:

Total acreage of project.

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Runoff routing calculations showing discharges, elevations, and

volumes retained and/or detained during applicable storm events.

Included should be the necessary mathematical computations to

demonstrate that the proposed development will not remove net

storage from the basin for events up to the one hundred (100) year

frequency.

Calculations required for determination of minimum building floor and

road elevations. And:

Calculations which demonstrate compensation for flood plain

encroachment, if applicable.

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Legal and Institutional Information Must Include:

Indication how water and wastewater service will be supplied. Letters

of commitment from off-site suppliers must be included, if applicable.

And:

Documentation of physical availability of receiving water system to

receive project discharge, if such is not evident.

7.3.5.6

Checklist for Underground Injection For

projects involving construction - engineering drawings, specifications,

and design data shall be submitted. Attach one (1) eight and one-half

(8 1/2) inch USGS site location map, indicating section, township,

range, and latitude/longitude for the project.

General Information

Project status: New, existing, or modification.

Well type: Exploratory well, or test/injection well.

Type:

Class I Exploratory Well Construction and Test

Class I Test/Injection Well Construction and Test

Class I Well Operation

Class I Well Plugging and Abandonment

Class III Well

Construction/Operation/Plugging and

Abandonment

Class V Well Construction

Class V Well Operation

Class V Well Plugging and Abandonment.

Facility identification.

Well identification: Well number, purpose, and location (latitude and

longitude)

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General Projection Description Describe the nature, extent, and

schedule of the injection well project. Refer to existing and/or future

pollution control facilities, and expected improvement in performance

of the facilities.

Attach additional sheet(s) if necessary or

cross-reference the engineering report.

Engineering and Hydrologic Data Required for Support of

Application to Construct, Operate, and Abandon Class I, III, or V

Injection Well Systems

The following information shall be

provided for each type of application.

Class I Exploratory Well Construction and Testing

Provide:

A conceptual plan of the injection project. Include the number

of injection wells, proposed injection zone, nature and volume of

injection fluid, and proposed monitoring program.

A preliminary area of review study. Include the proposed radius

of the area of review with justification for that radius. Provide a map

showing the location of the proposed injection well or well field area

and the applicable area of review. Within the area of review, the map

must show the number or name, and location of all producing wells,

injection wells, abandoned wells, dry holes, surface bodies of water,

springs, public water systems, mines (surface and subsurface),

quarries, water wells, and other pertinent surface features, including

residences and roads. The map should also show faults, if known or

suspected.

Only information of public record and pertinent

information known to the Tribe is required to be included on this map.

Information regarding proposed other uses of the exploratory

well.

A drilling and testing plan for the exploratory well. The drilling

plan must specify the proposed drilling program, sampling, coring, and

testing procedures. And:

An abandonment plan.

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Class I

Test/Injection

Submit:

Well

Construction

and

Testing

A map showing the location of the proposed injection wells or

well field area for which a permit is sought and the applicable area of

review. Within the area of review, the map must show the number or

name, and location of all producing wells, injection wells, abandoned

wells, dry holes, surface bodies of water, springs, public water

systems, mines (surface and subsurface), quarries, water wells and

other pertinent surface features, including residences and roads. The

map should also show faults, if known or suspected. Only information

of public record and pertinent information known is required to be

included on this map.

Tabulation of data on all wells within the area of review which

penetrate into the proposed injection zone, confining zone, or

proposed monitoring zone. Such data shall include a description of

each well's type, construction, date drilled, location, depth, record of

plugging and/or completion, and any additional information the District

may require.

Maps and cross sections indicating the general vertical and

lateral limits within the area of review of all underground sources of

drinking water, their position relative to the injection formation and the

direction of water movement - where known - in each underground

source of drinking water which may be affected by the proposed

injection.

Maps and cross sections detailing the hydrology and geologic

structures of the local area.

Generalized maps and cross sections illustrating the regional

geologic setting.

The following proposed operating data:

Average and maximum daily rate and volume of the fluid to be

injected.

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ii.

Average and maximum injection pressure. And:

iii.

The source, and an analysis of the chemical, physical, radiological and

biological characteristics of injection fluids.

The proposed formation testing program to obtain an analysis of

the chemical, physical and radiological characteristics of and other

information on the injection zone.

The proposed stimulation program.

The proposed injection procedure.

Engineering drawings of

construction details of the system.

the

surface

and

subsurface

Contingency plans to cope with all shut-ins or well failures, so as

to protect the quality of the waters of the State, including alternate or

emergency discharge provisions.

Plans (including maps) and proposed monitoring data to be

reported for meeting the monitoring requirements in Chapter 6 of the

Manual.

m. Information on wells within the area of review which penetrate

the injection zone but are not properly completed or plugged, and the

corrective action proposed to be taken to satisfy criteria outlined in

Chapter 6 of the Manual.

Construction procedures, including a cementing and casing

program, logging procedures, deviation checks, proposed methods for

isolating drilling fluids from surficial aquifers, proposed blowout

protection (if necessary), and a drilling, testing, and coring program.

Class I

Injection Well Operation

A report shall be submitted

for a Class I well operation which shall include, but not be limited to,

the following information:

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Results of the information obtained in 7.3.5.6.(B)(2)., including:

All available logging and testing program and construction data on the

well or well field.

ii.

A satisfactory demonstration of mechanical integrity for all new wells,

pursuant to Chapter 6 of the Manual.

iii.

The actual operating data, including injection pressures versus

pumping rates, where feasible, or the anticipated maximum pressure

and flow rate at which the well will operate, if approved by the District.

iv.

The actual injection procedure.

The compatibility of injected waste with fluids in the injection zone.

And:

vi.

The status of corrective action on defective wells in the area of review

within Tribal lands.

Record drawings, based upon inspections by the engineer or

person under his direct supervision, with all deviations noted.

Sealed certification of completion, submitted by the engineer of

record.

If requested by the District, operation manual including

emergency procedures.

Proposed monitoring program and type of monitoring data to be

submitted.

Proof that the existence of the well has been recorded on the

surveyor's plan at the county courthouse. And:

The proposed plugging and abandonment plan pursuant to

Chapter 5 of the Manual.

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Class I

Well Plugging and AbandonmentProvide:

The reasons for abandonment.

A proposed plan for plugging and abandonment describing the

preferred and alternate methods, and justification for use, including:

The type and number of plugs to be used.

ii.

The placement of each plug, including the elevation of the top and

bottom.

iii.

The type, grade, and quantity of cement or any other approved

plugging material to be used. And:

iv.

The method for placement of the plugs.

The procedure to be used to meet the requirements of Chapter

Class III

Well Construction

Furnish:

A map showing the location of the proposed injection wells or

well field area and the applicable area of review. Within the area of

review, the map must show the number or name, and location of all

producing wells, injection wells, abandoned wells, dry holes, surface

bodies of water, springs, public water systems, mines (surface and

subsurface), quarries, water wells and other pertinent surface features

including residences and roads. The map should also show faults, if

known or suspected. Only information of public record and pertinent

information known is required to be included on this map.

A tabulation of data on all wells within the area of review which

penetrate into the proposed injection zone, confining zone, or

proposed monitoring zone. Such data shall include a description of

each well's type, construction, date drilled, location, depth, record of

plugging and/or completion, and any additional information the District

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may require.

Maps and cross sections indicating the general vertical and

lateral limits within the area of review of all underground sources of

drinking water, their position relative to the injection formation, and the

direction of water movement - where known - in each underground

source of drinking water which may be affected by the proposed

injection.

Maps and cross sections detailing the hydrology and geologic

structures of the local area.

Generalized maps and cross sections illustrating the regional

geologic configuration.

Proposed operating data:

Average and maximum daily rate and volume of the fluid to be

injected.

ii.

Average and maximum injection pressure. And,

iii.

Source and an analysis of the chemical, physical, radiological, and

biological characteristics of injection fluids, including any additives.

Proposed formation testing program to obtain an analysis of the

chemical, physical, and radiological characteristics of, and other

information on the injection zone.

Proposed stimulation program.

Proposed injection procedures.

Engineering drawings of

construction details of the system.

the

surface

and

subsurface

Contingency plans to cope with all shut-ins, well failures or

catastrophic collapse, so as to protect the quality of the waters of the

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State as defined in Chapter 6 of the Manual, including alternate or

emergency discharge provisions.

Plans (including maps), and proposed monitoring data to be

reported for meeting the monitoring requirements in Chapter 6 of the

Manual.

m. Outline of corrective action, proposed to be taken for wells within

the area of review which penetrate the injection zone, but are not

properly completed or plugged, according to Chapter 6 of the Manual.

Construction procedures including a cementing and casing

program, logging procedures, deviation checks, proposed methods for

isolating drilling fluids from surficial aquifers, and a drilling, testing and

coring program.

A certificate that the Tribe has ensured, through a performance

bond or other appropriate means, the resources necessary to close,

plug or abandon the well as required by Chapter 6 of the Manual.

Expected changes in pressure, native fluid displacement, or

direction of movement of injection fluid. And:

A proposed monitoring plan, which includes a plan for detecting

migration of fluids into underground sources of drinking water, a plan

to detect water quality violation in the monitoring wells, and the

proposed monitoring data to be submitted.

Class III Well Operation Phase

The following information

shall be provided to the District prior to obtaining approval for the

operation of the well or well field:

All available logging and testing program data and construction

data on the well or well field.

A satisfactory demonstration of mechanical integrity for all new

wells pursuant to Chapter 6 of the Manual.

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The actual operating data, including injection pressure versus

pumping rate - where feasible - or the anticipated maximum pressure

and flow rate at which the well will operate, if approved by the District.

The results of the formation testing program.

The actual injection procedure. And:

The status of corrective action on defective wells in the area of

review.

Class III

Well Plugging and AbandonmentSubmit:

The justification for abandonment.

A proposed plan for plugging and abandonment describing the

preferred and alternate methods to include:

The type and number of plugs to be used.

ii.

The placement of each plug including the elevation of the top and

bottom.

iii.

The type, grade and quantity of cement or any other approved

plugging material to be used.

iv.

The method for placement of the plugs.

The procedure to be used to meet the requirements of Chapter 6

of the Manual.

Class V

Well Construction

Furnish:

The type and number of proposed Class V Wells:

Wells receiving domestic waste.

ii.

Saltwater intrusion barrier wells.

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iii.

Cooling water return flow wells.

iv.

Subsidence control wells.

Open-looped system, sand backfill wells.

vi.

Experimental technology wells.

vii.

Wells used to inject spent brine.

viii.

Radioactive waste disposal after halogen recovery wells (provided the

concentrations of the waste do not exceed state drinking water

standards).

ix.

Borehole slurry mining wells.

Other non-hazardous industrial or commercial disposal wells.

xi.

Other (explain):

Project Description:

Description and use of proposed injection system.

ii.

Nature and volume of injected fluid (Note: The District may require an

analysis, including bacteriological analysis). And:

iii.

Proposed pretreatment.

Water well contractor's name, title, state license number,

address, phone number and signature.

Well design and construction details (for multi-casing

configurations or unusual construction provisions, an elevation

drawing of the proposed well should be attached), to include:

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Proposed total depth.

ii.

Proposed depth and type of casing(s).

iii.

Diameter of well.

iv.

Cement type, depth, and thickness.

Injection pumps (if applicable):

__________gpm@_______psi

Controls:

__________________

Water Supply Wells When required, attach a map section

showing the locations of all water supply wells within a one (1) mile

radius of the proposed well. The well depths and casing depths

should be included.

Any required results of bacteriological

examinations of water from all water supply wells within one (1) mile,

and drilled to approximate depth of proposed well, should be attached.

Area of Review (may be required at District's discretion)

Include the proposed radius of the area of review with

justification for that radius. Provide a map showing the location of the

proposed injection well or well field area and the applicable area of

review. Within the area of review, the map must show the number or

name, and location of all producing wells, injection wells, abandoned

wells, dry holes, surface bodies of water, springs, public water

systems, mines (surface and subsurface), quarries, water wells, and

other pertinent surface features including residences and roads. The

map should also show faults, if known or suspected. Only information

of public record and pertinent information known is required to be

included on this map.

Class V

Well Operation Final report of the construction that

includes the following information may be submitted to operate:

Type of Well.

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ii.

iii.

iv.

Construction and testing summary to include:

(a)

Actual Dimensions: Diameter, well depth, casing depth.

(b)

Results of Initial Testing.

Proposed operating data, containing:

(a)

Injection rate (GPM).

(b)

Description of injected waste.

(c)

Injection pressure and pump controls.

Proposed monitoring plan (if any), including:

(a)

Number of monitoring wells.

(b)

Depth(s).

(c)

Parameters.

(d)

Frequency of sampling.

(e)

Instrumentation (if applicable) flow pressure.

10. Class V

information on:

Well Plugging and AbandonmentTo

The type of well.

Proposed plugging procedures, plans and specifications.

Reasons for abandonment.

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include

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.