n.a.
TITLE 15
WATER AND RESOURCES
Chapter 1. IRRIGATION WATER.
15.101
Other than free water, delivery of irrigation water shall
be made only on individual demand. No one shall take any irrigation
water, except free water, that is not being delivered to him or such
demand.
15.102
Irrigation water shall not be delivered for livestock use,
except on demand in the same manner as for agricultural purposes.
At their own expense, livestock owners shall construct reservoirs or
tanks of sufficient capacity to last between water deliveries.
15.103
All individual ditches, gates or other structures shall be
adequately cleaned and maintained to provide delivery of irrigation
water to adjacent properties.
15.104
Violation of any provision of this chapter, is a
misdemeanor punishable by imprisonment at hard labor for not to
exceed fifteen (15) days or by fine not to exceed fifteen ($15.00)
dollars or both.
Chapter 2 DOMESTIC WATER SYSTEMS.
15.201 DAMAGE TO SYSTEM; OFFENSE
To willfully or negligently damage any well, storage tank,
exposed or unexposed water piping, fencing, electric control, pumps,
pump houses and/or other parts of the domestic water supply system
within the Gila River Indian Community by any person, firm, or
corporation, shall constitute a public offense punishable upon
conviction by a fine of not more than one hundred dollars ($100) or
not more than thirty (30) days in jail or both.
15.202 REPAIR
The court may order the defendant, upon conviction, to
either make all repairs necessary to restore the water system or any
part thereof to its condition prior to the date of damage, or to pay
all costs of repairs necessary to restore said water damage or any
part thereof, to its condition prior to he date of damage. Such
restoration shall be completed as soon as practicable to prevent
loss of water services.
Chapter 3 NATIVE PLANT LAW
15.301 PROTECTION GROUP OF PLANTS; BOTANICAL NAMES GOVERN;
POWER TO ADD OR REMOVE PLANTS
A. The botanical names of the plants referred to in this chapter
shall in all cases govern in the interpretation of this
chapter. Protected native plants shall be any plant or part
thereof, to include its fruit named in the protected group which
is growing wild on trust land to include tribal and allotted
land without being propagated or cultivated by human beings.
B. The following shall constitute certain protected native plants
that are prohibited from being collected except for scientific
or educational purposes under permit from the Gila River Indian
Police Commission. Washingtonia filifera (Fam plant), lysiloma
thornberi (ornamental tree), bursera fogaroides (elephant tree),
cereaus schottii (senita or "old one"), cereus thurberi (organ
pipe cactus), toumeya papyrancantha, toumeya peeblesiana,
neoevansia diguetii (dahlia cactus), pediocactus paradenei.
C. The following shall constitute the protected group of plants:
1. All species of the following families: liliaceae (lily
family), amaryllidaceae (amaryllis family), orchidaceae
(orchid family), crassulaceae (orphine family), cactaceae
(cactus family).
2. All species of the following genera: acuilegia
(columbine), lobelia (Lobelia), dodecathron (shooting
star), primula (Primrose), fouquieria (ocotillo).
3. The following species: atroplex hymenelytra (desert holly)
cercis occidentalis (western redbud), dalea spinosa ()smoke
tree), holacatha emoryi (crucifixion thorn), fremontia
californica (flannel bush), pinus aristata (bristlecone
pine).
D. The Gila River Indian Community Tribal Council may, after public
hearing, add or remove any native plant to or from the protected
group.
15.302 NATIVE PLANT PERMITS AND TAGS; FEES; REGULATORY POWERS
OF TRIBAL COUNCIL
A. The Tribal Council shall authorize the Tribal Police Commission
to issue permits, tags and seals for a fee as prescribed by the
Commission, which fee shall not be less than one dollar per
plant for all native plants except cereus giganteus (saguaro)
and not less than two dollars per plant for each cereus
giganteus (saguaro) to persons who take protected native plants
from their original growing site. No person, except as provided
in this chapter shall take or transport or have in his
possession any protected native plant from its original growing
site in the Gila River Indian Community unless at the time of
taking he has a valid permit on his person and attaches the tags
or seals to the native plants at the time of taking and exhibits
any permit and tags or seals upon request for inspection by any
duly authorized agent of the Gila River Indian Community Tribal
Council or by any peace officer as provided for in this
chapter. No tag is valid unless it is used with a valid permit
and such permit bears the tag or seal number on its face.
B. With each permit authorizing the taking, transporting or
possessing of protected native plants, the Tribal Police
Commission shall provide such tags and seals as the Tribal
Police Commission may prescribe which the permittee or his agent
shall attach to the protected native plant at the time of taking
and before transporting and in such manner as prescribed by the
Commission. After any protected native plant has been legally
taken and tagged as provided by this chapter, it shall be
unlawful to remove such tag or seal until the plant has been
transplanted into its ultimate site for landscaping or
beautification purposes. Removal of the tag or seal from the
plant shall be only by an agent of the Commission or by the
ultimate owner of the planat, who shall retain such tag or seal
as proof of ownership. No permit or tag or seal as such is
transferable by the permittee or his agent, nor shall it be used
by anyone except that person to whom such permit or tag or seal
was issued, not shall it be used for more native plants than
indicated thereof. Any permittee shall be responsible for the
acts of any other person or persons acting under any authority
expressed or implied of the permittee.
C. The Tribal Police Commission may make necessary rules and
regulations not in conflict with this chapter for the
enforcement of its provision subject to the approval of the
Tribal Council.
D. The Gila River Indian Tribal Police are empowered and directed
to enter in or upon any premises or other place, train, vehicle
or other means of transportation within or entering the
Reservation suspected on containing or having present therein or
thereon protected native plants in violation of this chapter.
The Arizona Commission of Agriculture and Horticulture is
empowered to assist in enforcing any provision of this article.
E. When any power or authority is given by an provision of this
chapter to any person, it may be exercised by any deputy,
inspector or agent duly authorized by such person. Any person
in whom the enforcement of any provision of this chapter is
vested has the power of a peace officer as to such enforcement.
15.303 TAKING OF PLANTS; PERMITS; TAG FEES; IMPORTATION,
EXCEPTIONS
A. Except as provided in this chapter, it is unlawful for any
person to destroy, dig up, mutilate or take any living plant,
except seeds, of the protected group from within the boundaries
of the Gila River Indian Community without obtaining a permit
and tags or seals from the Tribal Police Commission, or from
allotted land without obtaining written
permission from the Allottee and a permit and tags or seals from
the Gila River Indian Community Tribal Council. It shall be
unlawful for any person to falsify any paper or document issued
to give permission for any person to take native plants of the
protected group or to take more native plants than authorized by
the permit.
B. The Tribal Police Commission may give written permission for a
person or a scientific or educational institution to take a
definite number of specified plants in the protected group from
areas specified by the commission for scientific or educational
purposes. In addition the Tribal Police Commission may give
written permission for a person to take spceific plants or parts
of plants in the protected group from areas specified by the
Commission for manufacturing the plants or parts thereof. It is
unlawful, for any person or scientific or educational
institution to misuse a permit in any manner.
C. Any permit provided by subsection A & B shall expire when the
tags or seals issued therewith have been attached to the plants
covered by the permit and such permit plants are no longer in
the possession of the permittee. Any permit shall be valid
until expiration or for one year from date of issuance,
whichever occurs first, except that any permit and the tags or
seals issued therewith shall be null and void when the land on
which the plants are growing, as described in the permit,
changes ownership, unless the new owner certified in writing
that the permittee may continue taking such plants as specified
on the permit.
D. Nothing in this chapter shall be construed to prevent the
clearing of land, cleaning or removal of protected native plants
from a canal, lateral ditch, survey line, building site, or road
or other right-of-way by the Allottee or his agent unless such
protected native plants are to be transported from the land or
offered for sale.
E. The Tribal Treasurer shall collect fees for the issuance of
permits and tags under this chapter, except that fees shall not
be collected from any allottee moving protected plants from his
allotted land to another portion of the Gila River Indian
Reservation, provided that no such plants are to be offered for
sale. Fees shall also not be collected for this issuance of
permits and tags if the plants are for bonafide scientific and
educational purposes.
F. Any protected native plant found without a valid tag or seal
securely and properly affixed thereto when being taken,
transported, sold, or in possession by any person may be
confiscated as evidence of a violation.
15.304 SHIPMENT OF PLANTS; EXHIBITION OF PERMIT AND
CERTIFICATE OF INSPECTION TO CARRIER
No person or common carrier shall transport a plant, or any
part thereof, belonging to the protected group, nor receive or
possess a protected native plant for transportation within or
without the Gila River Indian Reservation unless the person offering
the plant for shipment exhibits to the person or common carrier a
valid written permit for the transportation of the plant or part
thereof, and has securely and properly attached thereto a valid
native plant shall also bear a certificate of inspection by the
Tribal Police Department.
15.305 ARRESTS WITHOUT WARRANT; CONFISCATION OF PLANTS
Gila River Community Tribal Police officers may, in
the enforcement of this chapter, make arrest without warrant for a
violation of this chapter which he may witness, and may confiscate
plants or parts thereof belonging to the protected group when
unlawfully taken, transported, possessed, sold or otherwise in
violation of this chapter.
15.306 VIOLATIONS; PENALTIES
A person violating any provision of this chapter is guilty
of a misdemeanor punishable by a fine of not less than fifty dollars
nor more than three hundres dollars, for each violation or by
imprisonment in the Gila River Indian Community jail not to exceed
ninety days, or both, each violation constitutes a separate
offense.
15.307
1. A peace officer, while making arrest for violation of this
chapter which he may be witness, may confiscate plants
belonging to the protected, when unlawfully taken,
transported, possessed, sold or otherwise in violation of
this chapter.
2. These confiscated plants may be unloaded at the Gila River
Indian Community Tribal Police Department, and the Tribal
Police will arrange for their disposal.
Chapter 4. ARCHAEOLOGICAL LICENSES.
15.401 STATEMENT OF TRIBAL POLICY AND LEGISLATIVE INTENT
It is hereby declared as a matter of Community policy and
legislative determination, that the public interests of the
Pima-Maricopa people and the interests of all other persons living
within the jurisdiction of the Gila River Indian Community require
that the Community adopt a means whereby all sites, location,
structures and objects of a sacred, historical or scientific
interest or nature will be protected from desecration, destruction,
theft, or other harm or interference and whereby all persons,
whether members of the Gila River Indian Community or not, shall be
subject to sanctions for causing such desecration, destruction,
theft, or other interference. It is further recognized and declared
as a matter of Tribal policy, that the Gila River Indian Community
has a primary interest in preventing such harms. It is further
recognized, that cooperation with persons or institutions having a
legitimate and peaceful interest in locations and objects of sacred,
historical and scientific interest on the Reservation is desirable
in appropriate situations subject to the control and regulation of
the Gila River Indian Community. To these ends, this chapter is to
be liberally construed to maximize the authority of the Gila River
Indan Community to protect the sites, locations, and objects of
sacred, historical and scientific interest within the jurisdiction
of the Gila River Indian Community.
15.402 DEFINITIONS
A. "Protected places and objects" means physical evidence of human
habitation, occupation, use or activity, including, but not
limited to:
1. Surface or subsurface structures, shelters, facilities, or
features, (including, but not limited to, domestic
structures, storage structures, human-made mounds,
earthworks, canals, reservoirs, horticultureal/agricultural
gardens or fields, rock alignments, cairns, trails, borrow
pits, cooking pits, refuse pits, middens, graves, hearths
kilns, post molds);
2. Surface or subsurface artifacts and concentrations or scatters
and the three-dimensional relationship of artifacts to each
other in the ground;
3. Whole or fragmentary tools, implements, containers,
weapons, and weapon projectiles, clothing, and ornaments
(including, but not limited to, pottery, and other
ceramics, basketry, cordage, weavings, coins, bullets,
bottles, and other glassware, flaked stone, ground stone,
pecked stone, worked bone, metal, wood, hide, feathers,
pigments);
4. By-products, waste products, or debris resulting from
manufacture or use of human made or natural materials;
5. Organic wastes (including, but not limited to, vegetable
and animal remains, coprolites);
B. "Community" means the Gila River Indian Community.
C. "Reservation" means the Gila River Indian Reservation, as
recognized by the United States Government.
D. "Archaeological Resources Protection Act of 1979" means P.L.
96-95, 16 U.S.C.S. Section 470aa-11, and any amendments thereto.
15.403 PROHIBITED ACTS, PENALTIES
A. No person shall knowingly excavate upon or remove, move,
destroy, injure, deface or desecrate any protected place or
object, nor conduct any archaeological survey or study involving
protected places or objects within the Gila River Indian
Reservation.
B. The provisions of the preceding subsection shall not apply to
any person or group of persons or institutional activity which
is specifically licensed by the Community and, when required by
Federal law, the Federal government, to carry on historical or
scientific exploration, excavation or activity, provided
however, that this exception shall apply to such person, persons
or institutional activity only while acting within the spcific
limits of permission and authority to carry on such activities
contained in their license.
C. Any person who violates this chapter shall be liable for civil
penalties equal to the actual damages. The Community shall send
a notice of assessment of penalties to the violator, and may
institute an action in the Community Court to enforce the
assessment. Any intentional, willful or repeat violators may be
liable for punitive damages for each violation. Punitive
damages assessed shall not exceed three times the actual damages
or one hundred dollars, whichever is greater.
D. As to any person who is subject to the criminal jurisdiction of
the Community Court, violation of this chapter shall be a
criminal offense and is punishable by imprisonment for a period
not to exceed six months, or a fine not to exceed $500, or both.
E. The Archaeological Licensing Officer shall notify federal and
state officials of any violation of this chapter which is also a
violation of federal or state law, and shall actively seek to
have violators criminally and civilly prosecuted under federal
and state law.
F. Any protected objects found in the possession of any person in
violation of this chapter shall be forfeited to the Community.
G. Any tools, implements, vehicles, or other property used to
violate this chapter shall be seized by law enforcement
officials and upon a finding by the court of a violation shall
be held by the court upon such conditions of notice to
interested parties and hearing as are provided for forfeiture in
Section 5.208.
H. Any person who knowingly offers for sale any protected object
removed from the Reservation without the written permission of
the Community shall be guilty of an offense under this chapter.
15.404 JURISDICTION IN COMMUNITY COURT
A. The Community Court shall have jurisdiction to hear and decide
all matters of either a civil or criminal nature arising under
this chapter and appeals shall be handled as in other civil or
criminal actions.
B. All actions for forfeiture under this chapter shall be
considered in rem, against the property only, and not against
any person. No person shall be subject to civil penalties
merely because of an ownership interest in property subject to
forfeiture.
15.405 LICENSING AUTHORITY
A. An Archaeological Licensing Officer shall be appointed by the
Governor, and he shall have primary responsibility for carrying
out the licensing authority of this chapter. He shall
coordinate the application process and take such steps as are
necessary to ensure that all licensing conditions and
requirements are fulfilled.
B. Licenses to conduct historical or scientific research,
excavation, or exploration on the Reservation shall be issued by
the Council. The Council shall have absolute discretion in the
issuance of such licenses.
C. Each application for a license shall include:
1. The exact character of the work proposed, including how and
why it is proposed to be conducted, proposed time of
performance, locational maps, and proposed outlet for
public written dissemination of the results.
2. The name and address of the individual(s) proposed to be
responsible for conducting the work, his institutional
affiliation, if any, and evidence of his education,
training, and experience.
3. Evidence of the applicant's capability to initiate,
conduct, and complete the proposed work, including evidence
of logistical support and laboratory facilities.
4. Where application is for the excavation and/or removal
of protected objects, the name of the university, museum,
or other scientific or educational institution in which the
applicant proposes to store all collections, records, data,
photographs, and other documents derived from the proposed
work in the event the Community does not wish to take
custody or or otherwise dispose of the porjected objects.
5. Copies of any applications for permits required under the
Archaeological Resources Protection Act of 1979, or any
other applicable federal law.
D. A license shall be granted only to responsible persons or
institutions with a legitimate, specific historical or
scientific interest and purpose with proof required that the
persons who will actually do the work are professionally
qualified to undertake the proposed task.
E. In all licenses issued, the license shall specify:
1. The exact nature and extent of work allowed under the
license, including the time, duration, scope, location, and
purpose of the work.
2. The name of the individual responsible for conducting the
work and, if different, the name of the individual
responsible for carrying out the terms and conditions of
the license.
3. The name of the university, museum, or other scientific or
educational institutions in which any collected materials
and data shall be deposited.
4. Reporting requirements, including a requirement that
detailed survey data of the project be provided to the
Community.
5. Such other terms and conditions as are deemed necessary.
F. Upon the expiration of the license or the completion of the
licensee's work, the licensee shall provide the Council with a
complete inventory of all objects to be removed from the
Reservation and a detailed summary of all the activities of the
licensee on the Reservation.
G. License authority shall be conditioned upon the licensee
allowing a designated representative of the Community to inspect
all objects PRIOR to removal from the Reservation to determine
if their removal is within the terms of the license and not
prejudicial to the religious or traditional interests of the
Community. All objects found not to be within the license
authority or whose removal would be contrary to the interests of
the Community or its members shall be retained by the Community
and not removed.
H. Permission to remove objects shall not imply permanent transfer
of ownership of the objects to the licensee but shall mean that
the licensee agrees to house, protect and preserve the objects
and to return them to the Gila River Indian Community upon
request.
I. No license shall be considered valid on the allotted lands
unless approved by the owner.
J. If a federal permit is required for a project under the
Archaeological Resources Protection Act of 1979, written consent
for the project shall be given to the Interior Department only
upon the issuance of a license under this chapter.
K. If a federal permit is required under the Archaeological
Resources Protection Act of 1979, a license shall be issued by
the Community with the condition that is shall only be valid
upon the issuance and during the duration of the federal permit.
L. Any license issued shall be in substantially the same form as
the sample license attached to Ordinance GR-01-82.
15.506 LICENSING FEE
Each application for an archaeological license shall be
accompanied by a licensing fee in an amount to be set by the
Community Council. The licensing fee shall be waived for projects
contracted for by the Gila River Indian Community.
CHAPTER 5 HUNTING.
15.501 PROHIBITION
Hunting within the boundaries of the Gila River Indian
Reservation is hereby prohibited indefinitely for all persons except
members of the Gila River Indian Community.
15.502 ENFORCEMENT
Any non-member who is found to be in violation of this
ordinance shall be subject to confiscation of his/her weapon(s) and
impoundment of his/her vehicle by the Gila River Police Department.
A civil suit for damages shall be filed against him/her in the
Community Court by the Community Prosecutor's Office. All
confiscated property may be returned to the owner of such property
after final disposition of the matter in civil court. Forfeiture
proceedings shall follow the procedures set out in Section 5.208.
15.503 NO ISSUANCE OF LICENSES
The Community Administration and Gila River Police
Department are hereby instructed not to issue a hunting permit to
any person.
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