08-02-84
NAVAJO NATION
WATER CODE
Title 22, Navajo Tribal Code, Chapter 7
N A V A J O N A T I O N W A T E R C O D E
Table of Contents
SUBCHAPTER 1: GENERAL PROVISIONS
101 Declaration of Purposes; Assertion of Authority
102 Application of the Code
103 Nature of Ownership
104 Waters of the Navajo Nation Defined
SUBCHAPTER 2: NOTICE OF ENACTMENT AND EFFECT
201 Notice Required
202 Contents of Notice
203 Notice - How Given
SUBCHAPTER 3: RESOURCES COMMITTEE OF THE NAVAJO TRIBAL COUNCIL
301 Resources Committee - General Powers
302 Disqualification
303 Water Reserves
304 Water Assessments
305 Designations of Local Management Areas
306 Large User Water Permits
307 Charges for Water Uses
308 Resources Committee - Method of Operation
SUBCHAPTER 4: DIVISION OF WATER RESOURCES
401 Information Function
402 Enforcement Function
403 Advisory Function
404 Administrative Function
SUBCHAPTER 5: GUIDELINES FOR ADMINISTRATION
501 General Policy Provisions
502 Guidelines for Making Most Effective Use of Available
Resources
503 Additional Policy Guidelines
SUBCHAPTER 6: DESCRIPTIONS OF USE AND APPLICATIONS FOR PERMIT
601 Existing Use Inventory
602 Description of Use - Required
603 Application for Permit - Required
604 Description of Use and Application for Permit - Contents
605 Interim Permits
606 Fees
607 Public Notice of Descriptions of Use and Applications for
Permit - Initial Notice
608 Public Notice of Applications for Permit - Continuing
Operation
609 Objections Affecting Description of Use and Applications for
Permit
610 Form and Content of Objections
611 Reply by Applicant
612 Hearing Regarding Issuance of Permits
613 Public Comment
614 Investigation and Review of Permit Issuance
615 Issuance or Denial of Permits
SUBCHAPTER 7: WATER USE PERMITS
701 Form
702 Information Contained
703 Conditions
704 Entry on Land
705 Effect
706 Revocability
707 Modification
SUBCHAPTER 8: DETERMINATION OF AVAILABILITY AND NEED
801 When Proceeding Available
802 Purpose
803 Notice of Proceeding
804 Division of Water Resources - Investigation Initiation
805 Division of Water Resources - Information Gathering
806 Division of Water Resources - Report
807 Proposed Determination of Availability and Need
808 Determination of Availability and Need - Contents
809 Notice of Hearing
810 Hearing
811 Final Determination of Availability and Need
812 Subsequent Action
813 Appeal
SUBCHAPTER 9: TRANSFER AND LOSS OF RIGHTS
901 Transfer, Assignment, Descent, Distribution and Creation of
Security Interest
902 Loss by Nonuse
903 Loss by Adverse Possession, Prescription, Estoppel, or
Acquiescence
904 Outside Proceedings
SUBCHAPTER 10: GENERAL HEARING PROVISIONS
1001 Applicability
1002 Notice
1003 Time and Place of Hearing
1004 Continuances
1005 Presiding Officer
1006 Forms of Evidence
1007 Consolidation of Hearings
1008 Recording
1009 Decision
SUBCHAPTER 11: APPEALS
1101 Appeals Provided For
1102 Notice of Appeal - Jurisdiction
1103 Notice of Appeal - Service
1104 Transmittal of Record
1105 Oral Argument
1106 Briefs
1107 Scope of Review
1103 Court of Appeals - Additional Powers
SUBCHAPTER 12: DEFINITIONS
1201 Director of the Division of Water Resources
1202 Domestic Use
1203 Effective Date
1204 Municipal Use
1205 Person
SUBCHAPTER 13: PROHIBITED ACTS
1301 Waste of Water Prohibited
1302 Unauthorized Actions Affecting Waters Prohibited
1303 Obstruction of Navajo Nation Employees
1304 Misstatement of Material Facts
1305 Sanctions for Code Violations
SUBCHAPTER 14: MISCELLANEOUS PROVISIONS
1401 Severability
1402 Construction
1403 Review of Authority
1404 Extension of Time Limits
1405 Representation
Title 22, Navajo Tribal Code, Chapter 7
N A V A J O N A T I O N W A T E R C O D E
SUBCHAPTER 1: GENERAL PROVISIONS
101 Declaration of Purposes; Assertion of Authority
In order to provide for a permanent homeland for the Navajo
People; to protect the health, the welfare and the economic
security of the citizens of the Navajo Nation; to develop, manage,
and preserve the water resources of the Navajo Nation; to secure a
just and equitable distribution of the use of water within the
Navajo Nations through a uniform and coherent system of
regulation; and to provide for the exercise of the inherent
sovereign powers of self-government by the Navajo Nation, the
Navajo Nation hereby asserts its sovereign authority over all
actions taken within the territorial jurisdiction of the Navajo
Nation which affect the use of water within the Navajo Nation.
102 Application of the Code
Upon the effective date of this Code, it shall be unlawful for any
person within the territorial jurisdiction of the Navajo Nation,
as defined in 7 N.T.C. Section 254, to impound, divert, withdraw,
otherwise make any use of, or take any action of whatever kind
affecting the use of water within the territorial jurisdiction of
the Navajo Nation unless the applicable provisions of this Code
and regulations and determinations made hereunder have been
complied with. NO right to use water, from whatever source, shall
be recognized, except use rights obtained under and subject to
this code.
103 Nature of Ownership
(a) The Navajo Nation is the owner of the full equitable title to
all of the waters of the Navajo Nation as defined in Section 104
of this Subchapter, and that title resides undiminished in the
Navajo Nation; the United States holds the legal title to those
waters solely as trustee for the Navajo Nation.
(b) All rights to the use of the waters of the Navajo Nation are
held subject to the overriding, prior and supreme rights,
interests and governmental authority of the Navajo Nation, and the
policy and provisions contained in this Code, amendments hereto,
and administrative regulations and determinations hereunder.
104 Waters of the Navajo Nation Defined
The waters of the Navajo Nation are defined as: (1) all waters
reserved at any time for any purpose to the Navajo Nation, and to
Navajo Indian lands by the Navajo Nation or by the United States
including any waters which, in the course of nature or as the
result of artificial works or artificial streamflow enhancement or
weather modification methods, flow into or otherwise enhance such
waters; (2) all waters held by the Navajo Nation through prior or
existing use, appropriation, purchase, contract, gift, bequest,
or other means of acquisition; (3) all surface and groundwaters
which are contained within hydrologic systems located exclusively
within the lands of the Navajo Tribe of Indians; and (4) all
groundwaters located beneath the surface of the lands held in
trust by the United States of America for the Navajo Tribe of
Indians.
SUBCHAPTER 2: NOTICE OF ENACTMENT AND EFFECT
201 Notice Required
To insure that all persons and entities affected by this Code are
given adequate notice of the enactment and effect of this Code,
the Director of the Division of Water Resources shall, within 30
days after the effective date of this Code, provide for public
notice of its enactment and effect in accordance with the
provisions of this Subchapter.
202 Contents of Notice
(a) Such public notice shall contain the following statement,
prominently displayed in large, boldface type:
NOTICE: AFTER August 2, 1984, NO PERSON OR PUBLIC OR PRIVATE
ENTITY OF ANY KIND SHALL BE ENTITLED TO TAKE ANY ACTION WITHIN
THE TERRITORIAL JURISDICTION OF THE NAVAJO NATION WHICH
AFFECTS THE USE OF WATER WITHIN THE NAVAJO NATION, UNLESS SUCH
ACTION IS AUTHORIZED BY A PERMIT AS PROVIDED FOR BY THE NAVAJO
NATION WATER CODE. NO OTHER WATER USE RIGHTS OF ANY KIND, FROM
WHATEVER SOURCE, SHALL BE RECOGNIZED. THE NECESSARY FORMS MAY
BE PROCURED FROM THE DIVISION OF WATER RESOURCES, POST OFFICE
BOX 308, WINDOW ROCK, (NAVAJO NATION), ARIZONA 86515, (602)
729-5281 THROUGH 5284. COMPLETE COPIES OF THE NAVAJO NATION
WATER CODE ARE ALSO AVAILABLE AT THE ABOVE ADDRESS.
(b) In addition to the foregoing statement, the Director of the
Division of Water Resources may include in such public notice
additional information deemed necessary in order to assure
adequate notice of the enactment and legal effect of this Code.
203 Notice - How Given
The Director of the Division of Water Resources shall give notice
of the provisions of this Code as follows:
(a) The notice provided above shall be placed in the Navajo Times
at least once each week over a six-week period.
(b) The notice provided above shall be placed in a prominent and
conspicuous location at the Chapter Houses, the Navajo Nation
Government Offices, the Bureau of Indian Affairs Offices, U.S.
Post Offices, Indian Health Service Hospitals and Clinics, and in
such other locations as are deemed necessary or appropriate.
(c) The Director of the Division of Water Resources may take any
other steps and post any other notices as is deemed necessary to
provide notice of the provisions of this Code.
SUBCHAPTER 3: RESOURCES COMMITTEE OF THE NAVAJO TRIBAL COUNCIL
301 Resources Committee - General Powers
In administering this Code, the Resources Committee may, in
addition to other actions:
(a) Enter appropriate orders;
(b) Recommend to the Navajo Tribal Council for consideration,
adoption, modification, or amendment such regulations as are
deemed necessary to implement this code;
(c) File or intervene in any lawsuit, at the direction of the
Navajo Tribal Council, or the Chairman of the Navajo Tribal
Council;
(d) Receive regular reports from the Director of the Division of
Water Resources;
(e) Make determinations of availability and need as provided for
in Subchapter 8 of the Code;
(f) In cooperation with the Office of Navajo Land Development,
negotiate for and propose to the Navajo Tribal Council the
purchase or sale of real or personal property or other interests;
(g) With the consent of the appropriate committees of the Navajo
Tribal Council and/or the Navajo Tribal Council, enter into
administrative agreements, exchange information, and otherwise
cooperate with governmental agencies both on and off the Navajo
Nation lands, for appropriate purposes including the administration
of interstate streams and groundwaters;
(h) In cooperation with the other standing committees of the
Navajo Tribal Council, determine existing and foreseeable uses of
and needs for water and other related resources; and
(i) Take other actions as provided for in this Code.
302 Disqualification
Any member of the Resources Committee may be disqualified either on
his/her own motion or upon a majority vote of the Resources
Committee whenever he/she is unable, because of a direct economic
interest or other conflict of interest, to serve impartially with
respect to any matter.
303 Water Reserves
In connection with a determination of availability and need as
provided for in Subchapter 8 or in connection with other actions
taken under this Code, the Resources Committee may establish
within particular areas dependent on common water supplies, reserve
water supplies which, although subject to existing uses on an
interim basis, are set aside for a definite or indefinite term of
years for future Tribal and other needs.
304 Water Assessments
Whenever the Resources Committee of the Navajo Tribal Council
determines that water not presently available is necessary for
purposes and projects beneficial to a part or all of the Navajo
Nation and the inhabitants thereof, the Resources Committee may
assess individual water users a fair share of water, in
predetermined units for such purposes, according to the relative
priorities of the classes of uses.
305 Designations of Local Management Areas
The Resources Committee may, upon the recommendation of the
Director of the Division of Water Resources, Tribal Departments or
any person, isolate and define, within the surface and ground
water systems in which individual water uses are to some degree
related by reason of common supply, "local management areas", such
as municipal water districts or irrigation districts, for
specialized administration under regulations adopted pursuant to
this Code.
306 Large User Water Permits
The Resources Committee may, at its option or upon application,
recommend for consideration by the Navajo Tribal Council the
granting of water use permits for amounts in excess of 1000
acre-feet per year and/or for uses which require assurance of
long-term supply. Such permits may be conditioned upon payment of
consideration and contain other contractual terms including but not
limited to, limited periods of times of use, differing conditions
of revocability or terminability; and other conditions providing
varying degrees of permanence.
307 Charges for Water Uses
Reasonable charges may be imposed by regulations of the Resources
Committee for the use of the waters of the Navajo Nation. Such
charges shall not apply to domestic uses, stockwatering uses, fish
and wildlife uses and irrigated agriculture uses. Additional
charges may be imposed on users by regulations of the Resources
Committee for the operation and maintenance of water delivery
systems. Waivers of charges may be granted by the Resources
Committee, if the use is shown to be of benefit to the Navajo
Nation.
308 Resources Committee - Method of Operation
In performing its duties under this Code, the Resources Committee
is a Standing Committee of the Navajo Tribal Council subject to the
oversight and control of the Navajo Tribal Council.
SUBCHAPTER 4: DIVISION OF WATER RESOURCES
401 Information Function
It shall be the duty of the Director of the Division of Water
Resources to gather for Tribal use and for submission to the
Resources Committee information related to the waters administered
under this Code. To this end the Director of the Division of
Water Resources shall:
(a) Collect, organize and catalog existing information and studies
available from all sources, both public and private, pertaining to
the waters within the Navajo Nation;
(b) Develop such additional data and studies pertaining to water
availability, quality, and use as are necessary to accomplish the
objectives of this Code;
(c) Solicit public comment, consult the Chapters and obtain expert
advice when appropriate;
(d) Investigate water uses and other activities affecting the
waters within Navajo Nation to determine compliance with this Code
and with applicable regulations, orders, determinations, permits,
water quality standards, etc. issued pursuant to this Code;
(e) Investigate water quality when appropriate; and
(f) Develop standards and regulations concerning water quality
and water allocation and submit them for recommendation by the
Resources Committee and for consideration and approval by the
Navajo Tribal Council.
402 Enforcement Function
It shall be the duty of the Director of the Division of Water
Resources to insure compliance with this Code, and with the
conditions of all permits, determinations, orders, regulations,
plans and other actions taken under this Code, as well as the
policies and guidelines expressed throughout the Code. To this
end the Director of the Division of Water Resources may:
(a) Remove, render inoperative, shut down, close, seal, cap,
modify or otherwise control methods of diversion, withdrawal, and
impoundment, obstructions to the flow of water and other activities
adversely affecting water quantity or quality;
(b) Initiate by means provided herein, proceedings for violations
of this Code and the actions taken under this Code; and
(c) Enter upon land to inspect methods of diversion, withdrawal
and impoundment, inspect other activities affecting water quality
and quantity, install and monitor measuring and recording devices
when necessary, and compel testimony and data, by Navajo Tribal
Court subpoena, if necessary, concerning actions affecting the
quality or quantity of the waters administered under this Code.
(d) All enforcement actions shall be subject to the limitations
imposed by the Indian Civil Rights Act, 25 U.S.S. Section 1301
et seq., and the Navajo Bill of Rights, 1 N.T.C. Section 1 et seq.
403 Advisory Function
The Director of the Division of Water Resources may, from time to
time, make proposals to the Resources Committee concerning the
following:
(a) The advisability of establishing local management areas as
provided for in Subchapter 3 of this Code;
(b) The advisability of making determinations of availability and
need as provided for in Subchapter 8 of this Code;
(c) The advisability of taking other actions and adopting other
plans and methods in order to optimize available water supplies and
to minimize pollution and thermal degradation;
(d) The advisability, in cooperation with the Office of Navajo
Land Development, of purchasing, selling, exchanging and acquiring
any interest in real or personal property;
(e) The advisability of participating in administrative
proceedings, law suits and other legal proceedings;
(f) The advisability of entering into administrative agreements
and other cooperative ventures with tribal, local, state or
federal agencies outside of the Navajo Tribal Council and the
Resources Committee, for appropriate purposes including the
administration of interstate streams and groundwaters;
(g) The advisability of amending or otherwise changing sections of
this Code or adding new sections; and
(h) The advisability of taking other actions which will further
the policies and purposes contained herein and increase the
effectiveness of this Code.
404 Administrative Function
In administering this Code, the Director of the Division of Water
Resources may:
(a) Grant, deny, modify and revoke water use permits;
(b) Make determinations of water use rights;
(c) Initiate proceedings to enforce this Code;
(d) Insure, in coordination with other appropriate agencies,
adequate water levels in streams, rivers, ponds, and lakes to
protect Navajo traditional religious practices, wildlife
conservation and other values; and
(e) Enter appropriate orders.
SUBCHAPTER 5: GUIDELINES FOR ADMINISTRATION
501 General Policy Provisions
In taking any action under this Code, the Resources Committee and
the Director of the Division of Water Resources shall be guided by
the following basic policy guidelines:
(a) Whenever practicable, actions taken should benefit the Navajo
Nation and the members of the Navajo Tribe of Indians and further
the objective for which the Navajo Reservation was created: to
provide a permanent home and abiding place for the members of the
Navajo Tribe of Indians, both now and in the future. Alternatives
to existing and proposed uses are to be considered whenever
practicable in order to achieve this goal. Included in those
alternatives shall be the option to restrict or prohibit entirely
any further use of water for the benefit of the Navajo Nation. If
there is presented to the Resources Committee or the Director of
the Division of Water Resources a conflict between water uses for
the benefit of the Navajo Nation or any of the members of the
Navajo Tribe of Indians and non-Tribal projects or uses, the
Resources Committee or the Director of the Division of Water
Resources may grant such preference as may be required by this
Code, and lie in the best interests of the Navajo Tribe of Indians
and its members.
(b) In taking any action under this Code which may impose
substantial economic hardship on persons or entities presently
using water, or which threatens degradation of other economic,
cultural, religious, historic, aesthetic, natural or environmental
values, the Resources Committee, or the Director of the Division of
Water Resources shall, in reaching their decision, carefully
consider and weigh;
1. The economic dislocation and hardship which will be
imposed by such actions;
2. The investment in time, money and other resources made by
the parties affected in reliance upon any previous system of
distribution and use of water;
3. Any other burdens as may be imposed by such action;
4. The nature and extent of degradation of other economic,
cultural, religious, historic, aesthetic, natural or
environmental values.
(c) The Resources Committee or the Director of the Division of
Water Resources, when considering a proposed action, shall balance
the adverse effects against the benefits to the Navajo Nation and
other interests which are advanced as justifying the proposed
action; shall consider alternatives to the proposed action which
will lessen adverse effects, and shall shape any final action so
that its adverse effects will be minimized to the greatest extent
possible, to protect the water resources.
(d) When insufficient water supplies are present for whatever
reason or term, the following priority of uses shall be
considered in the order in which they are listed:
1. Domestic and Municipal Uses
2. Stock Watering Uses
3. Agricultural Uses
4. Instream Needs, for Fish, Wildlife Conservation and
Recreational Uses
5. Economic Development Uses including Industrial and Power Uses
6. Other uses.
502 Guidelines for Making Most Effective Use of Available Resources
In addition to the policy guidelines contained in the previous
section, the Resources Committee and the Director of the Division
of Water Resources shall take appropriate actions to:
(a) Insure adequate water supplies;
(b) Maintain water levels for diversion and withdrawal systems;
(c) Maintain head and pressure in ground waters;
(d) Prevent or reduce obstruction of surface water flows;
(e) Increase efficiency of conveyance systems; increase efficiency
in water application; increase return flow; prevent waste and
maximize use of the available supply;
(f) Create and enhance the efficiency of natural and artificial
surface and underground storage;
(g) Enhance natural and artificial recharge of aquifers;
(h) Define and control interbasin transfers of both surface and
ground waters;
(i) Provide for some degree of overdraft from aquifers when
short-term recharge is not possible;
(j) Minimize interference between competing users of water
sources, whether above or below ground;
(k) Minimize water quality degradation and the adverse effects of
water pollution whether from point sources or non-point sources;
(l) Minimize thermal degradation or the adverse effects of
thermal degradation;
(m) Minimize interaquifer communication;
(n) Plan for long-term water development;
(o) Penalize misuse;
(p) Otherwise insure conformity with the policies and provisions
of this Code.
503 Additional Policy Guidelines
(a) Rivers, streams, lakes and ponds within the Navajo Nation are
to be retained substantially in their natural conditions, with the
base flows and water levels necessary to provide for preservation
of traditional and religious, recreation, wildlife, fish, scenic,
aesthetic, and other environmental values, to the extent possible.
Withdrawals of water which would conflict with these interests
should be authorized only where it is clear that overriding
considerations of the public interest and welfare will be served.
(b) Multiple-purpose impoundment structures are to be preferred
over single-purpose structures. Due regard shall be given to
means and methods for protection of recreation, fish and wildlife
resources in the planning for and construction of water
impoundment structures and other artificial obstructions.
(c) Individuals, corporations, groups, associations and other
entities shall be required to carry out reasonable practices of
water and resource conservation and environmental protection as
they relate to the use of waters within the Navajo Nation.
SUBCHAPTER 6: DESCRIPTIONS OF USE AND APPLICATIONS FOR PERMIT
601 Existing Use Inventory
In order to determine existing uses of water within the Navajo
Nation, the Division of Water Resources shall cause an inventory of
existing water uses to be made and completed within two (2) years
following the effective date of this Code. The inventory shall be
based upon the information contained in the Descriptions of Use.
602 Description of Use - Required
All persons desiring to continue to operate existing uses must
file a Description of Use, as required by this Subchapter, within
one year of the effective date of this Code. After such date, it
shall be unlawful to continue to operate any user or to continue
any other action within the jurisdiction of the Navajo Nation
which affects the waters therein except as authorized by this
Subchapter. Individuals or groups making use of a well or other
water source operated by another need not file a Description of
Use unless the operator fails to do so.
603 Application for Permit - Required
Upon the effective date of this Code, all persons desiring to
initiate new uses of, or take other actions within the jurisdiction
of the Navajo Nation affecting the waters therein shall file an
Application for Permit as required by this Subchapter. After such
date, it shall be unlawful for any person to make any new use or
take any other action within the jurisdiction of the Navajo Nation
affecting the waters therein except as authorized by this Code.
604 Description of Use and Application for Permit - Contents
Descriptions of Use and Applications for Permit shall be on forms
provided by the Director of the Division of Water Resources and
shall include the following information:
(a) The name and mailing address of the claimant;
(b) The name, if available or a description of the source or
sources from which water is or will be diverted or withdrawn;
(c) The purpose or purposes for which water is or will be used;
(d) The quantity of water which is or will be used;
(e) A legal description, if such is readily available, and other
descriptions reasonably describing the point or points of
diversion, withdrawal or impoundment;
(f) A description of the method or methods of diversion,
withdrawal or impoundment. The description of the method or
methods of ground water withdrawals shall be by a Drilling Permit
on a form approved by the Resources Committee;
(g) A description of how water is or will be applied or consumed,
including acreage and crop if the water is for irrigation; the
kind and number of stock if the water is for stock watering; and
the number of people and/or homes to be served if the water is for
domestic or municipal use;
(h) The best estimate reasonably possible of return flow to the
source or sources, including how, when, at what point or points,
and with what changes in quality and temperatures;
(i) The estimated date on which the use or uses began or will be
commenced;
(j) If any pre-existing use is claimed, a description of any
documents or programs upon which it is based; any statute or
statutes or legal doctrine upon which the use is based; and any
pertinent litigation creating or affecting the use;
(k) The water user's plan for future development of the water use
or uses and related activities; and
(l) Any other information deemed necessary by the Resources
Committee.
605 Interim Permits
A Description of Use which is made with respect to a use existing
prior to the effective date of this Code shall, until a permit is
issued or denied, serve as an interim permit authorizing the use of
a reasonable quantity of water for the uses described and actually
made while the application is pending. Additional uses planned but
not commenced prior to the effective date of this Code may be made
on an interim basis upon Emergency Certification by the Director of
the Division of Water Resources until a permit covering such uses
is issued or until other action is taken under this Code.
606 Fees
Each Application for Permit shall be accompanied by a $25.00
filing fee. Provided, however, that the Director of the Division
of Water Resources may waive payment of such filing fee in cases of
demonstrated financial hardship.
607 Public Notice of Descriptions of Use and Applications for
Permit - Initial Notice
As soon as possible and no more than two years after the effective
date of this Code, the Director of the Division of Water Resources
shall divide the Navajo Nation into hydrologic basins or watersheds
in which water uses are to some degree interrelated and prepare:
(a) A map of the Navajo Nation showing such basins or watersheds;
(b) A listing for each basin or watershed of each use described
and permit applied for, which listing shall include names and
addresses of applicants, descriptions of water sources, quantities
applied for, points of diversion, withdrawal or impoundment,
methods of diversion, withdrawal or impoundment and descriptions of
the uses to be made;
(c) A statement that the applicants described in the listing have
applied for permits under the Navajo Nation Water Code and that any
persons claiming that their uses may be adversely affected by the
issuance of such permits may object to their issuance in
accordance with the provisions for objection, notice and hearing
provided for in this Code;
(d) A brief description of the objection, notice and hearing
provisions of this Code and information which will assist the
objecting parties in procuring the necessary forms and commencing
an objection;
(e) A statement that any person may comment either orally or in
writing on the issuance of any permit; and
(f) A brief description of the public comment and investigation
sections of this chapter.
The map, listings, statements and descriptions prepared under the
preceding paragraphs shall forthwith be published and posted in the
same manner as provided in Section 203 "Notice - How Given",
subject to the following exceptions: (1) maps and descriptions of
objection procedures may be omitted if deemed impractical; (2)
newspaper publications may be limited to four weekly notices; and
(3) listings need be published and distributed only in the
hydrologic basins or watersheds affected by proposed or existing
uses.
608 Public Notice of Applications for Permit - Continuing Operation
When additional Applications for Permit are received during the
course of the administration of this Code, the Director of the
Division of Water Resources shall, in conformance with the
preceding section:
(a) Include in the listing provided for in Section 607(b) the
necessary information concerning the new use or action.
(b) Prepare a statement that one or more new Applications for
Permit have been made and objections may be made to them in
accordance with Section 607(c).
(c) Prepare the descriptions and statements provided in Sections
607(d), 607(e) and 607(f).
(d) The revised listing, statements and descriptions provided for
in the preceding paragraphs shall forthwith be published, posted
and mailed in the affected area in the same manner as provided for
in Section 607, in order to assure adequate notice and an
opportunity for hearing to persons who may be adversely affected by
the proposed uses or actions.
609 Objections Affecting Descriptions of Use and Applications for
Permit
Any person or entity whose interests are or may be affected by a
water use described and/or applied for may, within 30 days from the
date of publishing, and posting of notice that such use has been
described and/or applied for, file a formal objection to the
issuance of the permit applied for.
610 Form and Contents of Objections
(a) Objections may be made on forms prepared and made available by
the Director of the Division of Water Resources and shall include
the name and mailing address of the party objecting; the name of
the applicant whose application is objected to; a description of
the water use objected to; a short and plain statement or reasons
why a permit should not be issued or should be issued in a form
different from that applied for; and any suggested conditions or
other provisions which should be included in any permit granted.
(b) Oral objections may be made to the Director of the Division of
Water Resources when it is determined by the Director that the
circumstances permit an oral objection. Such oral objections shall
be reduced to writing on the proper forms by the Director of
Division of Water Resources.
611 Reply by Applicant
Any applicant for a permit whose use is objected to may reply in
writing or orally in the same manner as provided herein for
objections.
612 Hearings Regarding Issuance of Permits
Any applicant directly affected or any party objecting in
accordance with this Subchapter may request and obtain as a matter
of right a hearing on such objection. In addition, the Director
of the Division of Water Resources or the Resources Committee may
schedule a hearing concerning the issuance of a permit or permits
on their own motion whenever they determine that such hearings are
needed. Provided, that whenever possible hearings concerning
proposed or existing uses in a particular basin or area shall be
consolidated to promote efficiency, minimize expense or hardship,
and prevent duplication. Unless otherwise provided for in this
Subchapter, notice of such hearings shall be as provided for in
Subchapter 10, and shall be given to: the applicants whose uses
are objected to; the objecting parties; other persons designated
by the objecting parties and applicants; all other persons
affected by the proposed use in question and all other persons
requesting notice. Unless otherwise provided for in this
Subchapter, hearings shall be conducted as provided in Subchapter
10.
613 Public Comment
Any person or entity may comment orally or in writing upon the
proposed issuance of any permit under this Code. It is the policy
of the Navajo Nation that all interested parties be given the
opportunity to participate in the decision making process as set
forth in this Code.
614 Investigation and Review of Permit Issuance
In addition to gathering information from the objections,
comments, and hearings as provided for above, the Director of the
Division of Water Resources may make any reasonable investigation
of the facts and circumstances surrounding the permit application;
may solicit comments and information from the public and from
appropriate governmental agencies; and may otherwise gather
information which will assist in making the decision to issue or
deny a permit in accordance with the provisions of this
Subchapter.
615 Issuance or Denial of Permits
As soon as possible after application, hearing, if any, and a
reasonable period for public comment shall have passed, and no more
than 90 days after the date of the application, if uncontested, or
the hearing, if a hearing is held, the Director of the Division of
Water Resources shall review the comments and information gathered
with respect to a specific application and either deny a permit or
issue a permit in the form provided for in Subchapter 7.
SUBCHAPTER 7: WATER USE PERMITS
701 Form
Water use permits issued in accordance with this Code shall be on a
form approved by the Resources Committee.
702 Information Contained
Each permit shall include:
(a) The name and mailing address of the permittee;
(b) The name of, if available, or a description of, the source or
sources from which water is or will be diverted, withdrawn or
impounded;
(c) The quantity of water which will be used;
(d) The legal description, if such is readily available, or other
description reasonably describing the point or points of
diversion, withdrawal or impoundment;
(e) A description of the method or methods of diversion,
withdrawal or impoundment;
(f) The purpose or purposes for which water is or will be used;
(g) A description of how water may be applied or consumed,
including acreage and crop if the water is for irrigation, the kind
and number of stock if the water is for stock watering, and the
number of people and/or homes to be served if the water is for
domestic or municipal use;
(h) The approximate date upon which the use or uses permitted
begin or will be commenced; and
(i) Any other information as is deemed necessary and appropriate.
703 Conditions
Each water use permit issued pursuant to this Code shall contain
whatever conditions are necessary to insure adequate quality and
quantities of water; to otherwise further the purposes, policies
and guidelines contained within this Code; and to assist in the
effective administration of this Code. These may include, but are
not limited to, conditions and limitations concerning:
(a) The source from which water may be diverted, withdrawn or
impounded;
(b) The quantity of water which may be diverted, withdrawn or
impounded during any particular time;
(c) The point or points of diversion, withdrawal or impoundment;
(d) The method or methods of diversion, withdrawal or impoundment;
(e) The purposes for which water will be used;
(f) The method of application;
(g) The location and purpose of application, including acreage
for crops and number of livestock for livestock watering;
(h) The quantity and quality of return flow;
(i) The time period during which water may be used;
(j) Schedules for diversion, withdrawal or impoundment, including
optional rotation schedules;
(k) Provisions for surface or ground water storage of surplus
flows;
(l) Provisions for increasing the efficiency of diversion,
withdrawal or impoundment and application;
(m) Provisions for maintaining minimum pools and streamflows for
fish, wildlife, recreation, aesthetic and Navajo religious values;
(n) Provisions for insuring minimum pumping and diversion levels
with respect both to surface and underground water;
(o) Provisions designed to maintain head and pressure in ground
waters;
(p) Provisions designed to prevent or reduce obstruction of
surface water flows;
(q) Provisions designed to minimize point and non-point source
pollution, water quality degradation and thermal degradation;
(r) Provisions designed to enhance recharge of aquifers;
(s) Provisions designed to define and control interbasin
transfers of surface and ground waters;
(t) Provisions for some degree of overdraft from aquifers when
short-term recharge is not possible;
(u) Provisions designed to prevent or reduce interference
between competing users or water sources whether above or below
ground;
(v) Provisions to minimize interaquifer communication;
(w) Provisions to insure long term water development;
(x) Any other provisions necessary to insure conformity with the
policies and provisions of this Code and actions taken pursuant to
this Code.
704 Entry on Land
No person shall be authorized to use or otherwise take any action
affecting the waters administered under this Code unless he shall
consent to reasonable entry upon his land by Navajo Nation
employees engaged in the administration of this Code. Every permit
issued under this Code shall contain the condition that no use or
other action affecting the waters in question may be made unless
the applicant consents to such reasonable entry upon his land.
705 Effect
A water use permit issued under this Code constitutes nothing more
than Navajo Nation permission to use the water within the
territorial jurisdiction of the Navajo Nation, subject to the
terms and conditions of the permit, to this Code, and to actions
taken pursuant to this Code. No water permit issued hereunder
shall be construed as creating or recognizing any right other than
Navajo Nation permission to use water, nor shall any water use
permit ripen into any interest other than such limited permission.
706 Revocability
Unless otherwise indicated, water permits issued under this Code
are revocable by the Director of the Division of Water Resources in
accordance with the policies, purposes, guidelines and procedures
established in this Code, and in accordance with the Indian Civil
Rights Act, 25 U.S.C. Section 1301 et seq., and the Navajo Bill of
Rights 1 N.T.C. Section 1 et seq.
707 Modification
Water permits are modifiable in accordance with the procedures
provided in this Code, and in accordance with the Indian Civil
Rights Act, 25 U.S.C. Section 1301 et seq., and the Navajo Bill of
Rights 1 N.T.C. Section 1 et seq.
SUBCHAPTER 8: DETERMINATION OF AVAILABILITY AND NEED
801 When Proceeding Available
Whenever at any time after the Existing Use Inventory is completed
an application for a permit covering a new or changed use of, or
other action affecting water is made; or a complaint concerning an
existing or proposed use, or other action affecting the water is
made; or a request is made by the Resources Committee; and it
appears probable to the Director of the Division of Water
Resources that a water supply common to a particular area is or
will be used beyond its capacity, or otherwise adversely affected;
The Director of the Division of Water Resources may initiate a
proceeding to determine the availability of and need for water in
accordance with the provisions of this Subchapter.
802 Purposes
The purposes of a proceeding to determine availability of and need
for water under this Subchapter shall be: to evaluate existing and
future needs dependent upon a particular supply; to compute with
reasonable certainty the characteristics of a particular supply,
including quantity, surface and groundwater levels, rates and
directions of flow, rates of recharge, out-of-basin sources,
pollution, thermal degradation, and other characteristics, at
particular locations and times; to explore various methods for
increasing supply such as artificial recharge, storage, increased
efficiency, alternatives to present uses, alternatives to
activities presently requiring the consumption of water; to assist
in land use planning in accordance with the policies and actions of
the Navajo Nation; and to make available to other tribal, local
state and federal agencies and to members of the public information
concerning the waters in question.
803 Notice of Proceeding
(a) Whenever a proceeding is initiated under Section 801 of this
Subchapter, the Director of the Division of Water Resources shall
provide notice of such proceeding in the same manner as provided
in Section 1002 to all parties who are using or will use or
otherwise affect or rely upon the water supply in question, or will
otherwise be directly affected by such proceeding.
(b) Such notice shall state in plain and simple language the
reason for initiation of the proceeding; the nature of the
proceeding; the geographic area covered by the proceeding; and, as
nearly as may be determined, the possible effects of such a
proceeding on individual water uses.
(c) The Director of the Division of Water Resources shall make
every reasonable effort to ensure that all persons or entities
whose interests are or will be affected by the proceeding have
reasonable notice of the nature, scope and possible effects of the
proceeding and a reasonable opportunity to prepare for and
participate in the proceeding.
804 Division of Water Resources - Investigation Initiation
As soon as the Director of the Division of Water Resources
determines that a proceeding shall be initiated under this
Subchapter, he shall define as accurately as possible the area
covered by the proceeding and commence an investigation as
provided herein.
805 Division of Water Resources - Information Gathering
The Director of the Division of Water Resources shall initiate an
investigation to gather and evaluate all available, pertinent data
from whatever sources concerning the water supply and needs for
water in question; to formulate proposals concerning the use of the
water in question; and to provide other information, alternatives,
and recommendations to assist the Resources Committee. Such
information, alternatives, and recommendations shall be contained
in the report of the Director of the Division of Water Resources
provided for in Section 806 of this Code.
806 Division of Water Resources - Report
Upon completion of the investigation provided for in Section 805,
and no more than 90 days after the initiation of the investigation,
the Director of the Division of Water Resources shall transmit to
the Resources Committee the report concerning the availability of
and need for water in the particular area to which the proceeding
applies. The report shall include the following:
(a) A geographic and geologic description of the area studied,
setting out as precisely as possible the boundaries of the area;
(b) A general description of the water supply in that area, from
all sources;
(c) A description of the various characteristics of the water
supply which are relevant to present and proposed uses and other
actions;
(d) A computation of the water supply available at particular
times and places;
(e) A description of present and proposed uses of and other
actions affecting the water supply in question;
(f) A description and evaluation of the need for each such
present or proposed use or other action;
(g) A description of possible methods for increasing available
water supply;
(h) A description of economic and technical methods which may be
implemented to increase the efficiency of use;
(i) Alternatives for present uses which will minimize the impacts
described in Section 501 of this Code;
(j) Amounts of water within the particular supply which shall be
subject to a reserve as provided in Section 303 of this Code;
(k) Proposals for assessing varying amounts of water as provided
for in Section 304 of this Code; and
(l) Any additional information and recommendations which the
Director of the Division of Water Resources deems is necessary for
inclusion.
807 Proposed Determination of Availability and Need
As soon as possible and no more than 30 days after receipt of the
report of the Director of the Division of Water Resources, the
Resources Committee shall cause to be prepared a proposed
Determination of Availability and Need in accordance with the
provisions of this Subchapter.
808 Determination of Availability and Need - Contents
A Determination of Availability and Need may include the following,
either as recommendations or mandatory provisions:
(a) A description and map of the affected area;
(b) A description of the water supply in the affected area,
including a description of the various characteristics of the
supply which are especially pertinent to present and proposed
water uses within that area;
(c) A description of the various present and future needs for
using or affecting the water supply in the area;
(d) A list of priorities to be observed within the affected area;
(e) A list of storage methods which are or may be proposed and
implemented;
(f) A description of methods for increasing efficiency;
(g) A description of possible interbasin transfers; and
(h) Other information, provisions and recommendations or
requirements reasonably calculated to inform the affected parties
concerning the future management of the water supply in question.
809 Notice of Hearing
As soon as possible and no more than 30 days after the drafting of
a proposed Determination of Availability and Need, the Director of
the Division of Water Resources shall provide notice, in the manner
provided for in Section 803, of a public hearing at which
interested persons may present oral or written comments concerning
the proposed Determination of Availability and Need. Included in
the notice shall be a description and map of the affected area; a
description of the proceeding to date and a clear statement that
copies of the proposed Determination of Availability and Need shall
be made reasonably available to interested persons. The notice
shall state the date, time and place for a hearing, to be held not
less than 30 nor more than 60 days after the date notice is
completed.
810 Hearing
A hearing shall be held with respect to every proposed
Determination of Availability and Need. Whenever possible, such
hearings shall be held in the affected area, at a date, time and
place which is reasonably convenient to a major portion of the
parties affected. At such hearings, the Resources Committee or
its designees shall provide a brief oral statement of the purpose
of the hearing and a description of the proceeding to date,
including the proposed Determination. At least one member of the
Resources Committee shall be present and shall preside over the
hearing. After the presentation is made by the Resources Committee
or its designees, public comment shall be allowed. Public comment
may be limited by reasonable rules adopted by the Resources
Committee to insure an opportunity for full comment. Hearings may
be continued if necessary to such times and places as are deemed
appropriate upon adequate notice.
811 Final Determination of Availability and Need
As soon as possible, and no more than 60 days after the public
hearing provided for in Section 810, the Resources Committee shall
cause to be prepared a final Determination of Availability and
Need. Notice of this final Determination shall be made in the same
manner as provided for in Section 803 and shall indicate that
copies of the Determination are reasonably available for public
review.
812 Subsequent Actions
Upon completion of the above proceedings, the Director of the
Division of Water Resources shall make copies of the Determination
of Availability and Need made under the provisions of this
Subchapter reasonably available to parties requesting the same;
shall grant, revoke, deny or modify permits in accordance with
such Determination; shall enter appropriate orders and take other
actions authorized by this Code to prevent overuse and/or
pollution in accordance with such Determination; and shall take
whatever other actions are necessary and authorized by this Code
to assist in the implementation of the Determination and of the
policies, provisions and guidelines set forth in this Code.
813 Appeal
Appeals from the final Determination of the Availability and Need
shall be taken in the same manner as provided for in Subchapter 11
of this Code.
SUBCHAPTER 9: TRANSFER AND LOSS OF RIGHTS
901 Transfer, Assignment, Descent, Distribution and Creation of
Security Interest
Permits issued under this Code shall not be subject to transfer,
assignment, descent, distribution or creation of any security
interest without the express written consent of the Director of the
Division of Water Resources. Applications for transfer,
assignment, or creation of a security interest shall be made on
forms prepared and made available by the Director of the Division
of Water Resources. Such forms shall be designed to solicit
information concerning any substantial changes which will or may
occur as a result of the transfer, assignment or creation of a
security interest in a water use permit. Every attempt should be
made to conform with the purposes of Subchapter 6, governing
Descriptions of Use and Applications for Permit. Heirs and
successors in interests of permittees shall apply for permits in
their own names; however, such substitute permits shall be freely
granted unless changing hydrological conditions clearly warrant a
modification of the prior permits.
902 Loss By Nonuse
Any right to use or otherwise affect in any way water within the
territorial jurisdiction of the Navajo Nation, regardless of its
origin, shall become void and revert, to the extent of the
abandonment or nonuse, to the Navajo Nation when the holder of such
use right wholly or partially abandons the same, or voluntarily
fails without sufficient cause to use all or a portion of the
water available under such use right for a period of five
consecutive years.
"Sufficient cause" shall include:
(a) Drought or other unavailability of water;
(b) Active service in the armed forces of the United State;
(c) The operation of legal proceedings;
(d) The application of any laws restricting water use;
(e) Incarceration in a penal institution;
(f) Confinement in a mental institution, whether voluntary or in
voluntary;
(g) Incompetence by reason of age or mental incapacity;
(h) Provisions of future use as provided in this Code; or
(i) Other causes of nonuse beyond the control of the holder or
holders of the use right claimed.
Before such rights to use water may be deemed lost by nonuse or
abandonment, the Director of the Division of Water Resources shall
serve notice on the holders of such use rights to appear at a
hearing to be held before the Resources Committee not less than 30
days after the mailing or personal service of such notice and show
cause why their use rights should not be deemed void. Such notice
and hearing shall be in the manner provided for in Subchapter 10 of
this Code governing notice and hearing.
903 Loss By Adverse Possession, Prescription, Estoppel, or
Acquiescence
No right to use or otherwise affect the quantity, level, flow,
pressure, quality, or temperature of water may be acquired by
adverse possession, prescription, estoppel or acquiescence.
904 Outside Proceedings
No use right granted under this Code may be reduced or taken or
otherwise affected in any procedure or determination or
adjudication except as provided for in this Code, and in
compliance with the Indian Civil Rights Act, 25 U.S.C. Section
1301 et seq., and the Navajo Bill of Rights, 1 N.T.C. Section 1
et seq.
SUBCHAPTER 10: GENERAL HEARING PROVISIONS
1001 Applicability
Unless otherwise provided for in this Code, hearings shall be held
in accordance with the provisions of this Subchapter.
1002 Notice
All parties who will or may be directly affected by a proposed
action shall be given notice by mail of any hearings held under
this Subchapter. In addition, notice of hearings shall be
published in one paper having general circulation in the affected
area and notice of hearing shall be posted in prominent places in
the affected area, as set forth in Subchapter 2 of this Code.
Every attempt shall be made to give each party who will or may be
directly affected by any action actual notice of that action and
fair and adequate opportunity to be heard.
1003 Time and Place of Hearing
Whenever possible hearings shall be held in the affected area, at a
date, time and place which is convenient for a major portion of the
parties affected.
1004 Continuances
Continuances shall be freely granted when the ends of justice so
require and in order to assure adequate notice and opportunity to
be heard.
1005 Presiding Officer
The Resources Committee shall designate a qualified and impartial
hearing officer to preside over hearings provided for in this
Subchapter.
1006 Forms of Evidence
Evidence may be submitted in any practical form including oral
testimony, written evidence, and descriptive evidence. The
ordinary rules of evidence shall not apply but evidence which is
irrelevant, cumulative, unduly prejudicial, or would otherwise be
unfairly admitted, may be excluded or admitted only under special
conditions or stipulations.
1007 Consolidation of Hearings
Whenever possible, hearings concerning proposed or existing actions
in a particular watershed or area shall be consolidated to promote
efficiency, minimize expense or hardship, and to prevent
duplication.
1008 Recording
Hearings shall be recorded by mechanical means, provided, that any
person may provide at his own expense for a stenographic record.
1009 Decision
Whenever a decision is required in accordance with the provisions
of this Code following a public hearing, the Hearing Officer shall
prepare findings of fact and conclusions of law and shall recommend
a proposed decision to the Director of the Division of Water
Resources. The Director may make such modifications as are clearly
warranted by the evidence and applicable law and shall issue a
final decision, including an explanation for any changes made in
any recommendation of the Hearing Officer, within thirty days of
such recommendation. Such decision shall be published and served
upon the parties in the same manner as provided in Section 1002
governing notice of hearings.
SUBCHAPTER 11: APPEALS
1101 Appeals Provided For
There shall be no appeal from actions taken under this Code except
as provided herein. Appeals shall be to the Court of Appeals of
the Navajo Nation.
1102 Notice of Appeal - Jurisdiction
Any party aggrieved by any final action taken under this Code may,
by filing a Notice of Appeal with the Court of Appeals of the
Navajo Nation, obtain review of such final action. The Court of
Appeals shall have no jurisdiction to hear any appeal initiated
pursuant to this Subchapter unless the Notice of Appeal is filed
with the Court of Appeals within 30 days after the date of the
final action. "Final action" means any action taken under this
Code for which no further consideration by the Director of the
Division of Water Resources or the Resources Committee is required.
1103 Notice of Appeal - Service
Upon filing of the Notice of Appeal the party appealing the final
action shall forthwith, and no more than 10 days after filing of
the Notice of Appeal, cause the Notice of Appeal to be served on
all parties to the proceeding being appealed from, on the Director
of the Division of Water Resources, and on the Chairman of the
Resources Committee.
1104 Transmittal of Record
(a) Upon receipt of the Notice of Appeal, the Director of the
Division of Water Resources and the Resources Committee shall
cause all pertinent documents in their possession, and any other
articles of evidence in their possession, to be transmitted to the
Court of Appeals.
(b) Any party to an appeal may at his own expense, cause a
transcript of any hearings or other proceedings below to be
prepared and transmitted to the Court of Appeals. Provided, that
the Director of the Division of Water Resources in his discretion
shall bear the financial burden of preparing such transcript when
it appears, after good cause shown, that a party is financially
unable to do so.
1105 Oral Argument
Upon receipt of the Notice of Appeal, the Court of Appeals shall,
as soon as possible and no more than 15 days after receipt thereof,
notify the Resources Committee, the Director of the Division of
Water Resources, the appealing party, and the other parties to the
proceedings, of a date certain for full hearing before the Court
of Appeals.
1106 Briefs
Parties may at their own option or shall when requested to do so by
the Court of Appeals file briefs in support of their appeal.
Briefs shall be due on dates set by the Court of Appeals and no
less than 30 days after receipt of the notice provided for in
Section 1105 of this Subchapter.
1107 Scope of Review
The Court of Appeals, in reviewing the final action appealed from,
shall limit its review to the issues and the evidence which were
before the Director of the Division of Water Resources or the
Resources Committee at the time of the final action appealed from.
The Court of Appeals may affirm, reverse, modify in whole or in
part, or remand for further consideration, any final action
appealed from. Provided, final actions appealed from may only be
reversed, modified or remanded when they are arbitrary, capricious
unsupported by substantial evidence, not in substantial conformity
with this Code or otherwise contrary to law.
1108 Court of Appeals - Additional Powers
(a) The Court of Appeals may on its own motion or upon motion of
any party dismiss an appeal for want of prosecution, gross
procedural irregularity, or mootness when the ends of justice so
require.
(b) In addition, the Court of Appeals may stay the operation of
final actions appealed from, in whole or in part, and may, when
the ends of justice require, provide for a supersedeas bond or
other security from the parties to the appeal
SUBCHAPTER 12: DEFINITIONS
1201 Director of the Division of Water Resources
Director of the Division of Water Resources means the Executive
Director of the Division of Water Resources of the Navajo Tribal
Government, his designated representative or agent, or his
successor in responsibility, as determined by the Chairman of the
Navajo Tribal Council.
1202 Domestic Use
"Domestic Use" means any use of water for individual personal needs
or for household purposes such as drinking, bathing, heating,
cooking, or sanitation.
1203 Effective Date
The "effective date" referred to herein shall be the date of the
resolution of the Navajo Tribal Council approving adoption of this
Code.
1204 Municipal Use
"Municipal Use" means all reasonable water uses necessary in
carrying out the functions of municipal government, local chapter
government and growth centers or towns.
1205 Person
"Person" includes an individual; a partnership; a corporation,
whether public and private; and a governmental entity, unit or
agency, whether tribal, local, state or federal.
SUBCHAPTER 13: PROHIBITED ACTS
1301 Waste of Water Prohibited
No waters that have been withdrawn, diverted, impounded or
otherwise taken pursuant to a valid permit or otherwise shall be
wasted. The withdrawal of reasonable quantities of water in
connection with construction, development, testing or repair of
diversion, withdrawal and impoundment works shall not be construed
as waste. In the event of inadvertent loss of water owing to
defects in equipment for diversions, withdrawals and impoundments
such shall not be construed as waste if reasonable diligence is
shown by the permittee in effecting necessary repairs.
1302 Unauthorized Actions Affecting Waters Prohibited
Whenever any use or other action affecting the use of waters
within the territorial jurisdiction of the Navajo Nation is
required by this Code to be authorized under the provisions of
this Code, it shall be a violation of this Code to knowingly make
such use or take such other action without the authorization
required.
1303 Obstruction of Navajo Nation Employees
The willfull obstruction of or interference with Navajo Nation
employees performing their lawful duties under this Code shall be
a violation of this Code.
1304 Misstatement of Material Facts
The knowing misstatement of any material fact by any person or
entity when providing information required by this Code, with
respect to Descriptions of Use and Applications for Permit or
otherwise, shall be a violation of this Code.
1305 Sanctions for Code Violations
Violations of this Chapter may subject the persons(s) or
entity(ies) responsible to forfeiture or suspension of rights to
the use of water administered under this Code. Sanctions may also
include the requirement of payment for water improperly used or
adversely affected by the improper use; payment of the costs for
all associated remedial actions administrative costs incurred by
the Navajo Nation as a result of the violation; and payment of such
other costs as are necessary to render the Navajo Nation and its
inhabitants whole. Sanctions shall be imposed by the Director of
the Division of Water Resources subject to the limitations imposed
by the Indian Civil Rights Act, 25 U.S.C. Section 1301 et seq.,
and the Navajo Bill of Rights, 1 N.T.C. Section 1 et seq.
SUBCHAPTER 14: MISCELLANEOUS PROVISIONS
1401 Severability
If any provision of this Code or the application thereof to any
person or circumstances is held invalid, the Code can be given
effect without the invalid provision or application; and to this
end the provisions of this Code are declared to be severable.
1402 Construction
This Code shall be liberally construed to effectuate its
objectives, policies, guidelines, purposes, and provisions.
1403 Review of Authority
The Resources Committee and the Director of the Division of Water
Resources shall, from time to time, review the authority granted to
them under this Code and propose amendments and additions thereto
to the Navajo Tribal Council in order to improve administration
under this Code.
1404 Extension of Time Limits
The time limits provided for in various places of this Code may be
extended, for good cause shown, by the agency before whom the
proceeding is pending when the ends of justice so require.
1405 Representation
Parties appearing at hearings and other proceedings provided for
this Code may represent themselves or may be represented by
individuals licensed to practice before the Courts of the Navajo
Nation if they so desire.
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