Spllyay Tymoo
Water Quality
Pago 3
development of rural housing with septic
systems in drainage sub-basins.
Need:
- Institute an agreement with the State DEQ
to enforce non-point source pollution
Responsibility:
rnforcPHfnt; Off-reservation includes
Federal, State, and local governments.
Management- Federal, State and local
agencies
Monitoringmnin'rpanrg; Tribal
OPTIONS:
1. No Action
2. Legal action against federal, state, local
government or individual polluters to
enforce Clean Water Act in the Crooked
River drainage
3. Government to government agreement for
managementenforcement of water quality
4. Through Primacy under the Clean Water
Act, adopt stricter water quality standards
and enforce (up-stream polluters would be in
violation).
Joint Committee recommends option H
to Tribal Council.
programs (e.g.: Clean Lakes), restore and
maintain the chemical, physical, and
biological integrity of water.
2. ON-RESERVATION WATER
QUALITY ISSUES: The EPA and the
Tribes have responsibility for water quality
in three areas. The first is reducing pollution
of surface waters. The second is preventing
contamination of groundwater. And third,
EPA and tribes implement programs to
protect general ground water quality
authorized under several different statutes.
Authority to implement these programs
comes from the following statutes:
-Safe Drinking Water Act ensures that
drinking waters are free from harmful
contaminants; protects groundwater from
contamination by underground injection, and
supports State groundwater quality
management initiatives,
to change color, reducing clarity and
aesthetic quality. In late fall and early
winter months algae dies, decreasing the
amount of dissolved oxygen available for
fish.
Up-stream agricultural practices cause vast
amounts of fertilizers to get into the
Deschutes River. These chemicals are
causing problems with the acid base (Ph
levels) in the summer time and adversely
effect fish habitat.
The Oregon Dept. of Environmental Quality
(DEQ) has the jurisdiction to enforce water
quality standards for the waters of the State,
but not for the reservation. The Tribes lack
jurisdiction over non-trust lands. These
jurisdictional boundaries inhibit effective
water quality management.
The TRIBE is facing the following off
reservation environmental issues:
Watershed Management
-Water as a commodity (If reservation water
gets put up for sale)
-Need to protect watershed integrity
-Sustained yield of water for Deschutes
system
-Impacts of hydropower generation
-Riparian area protectionstreamside
management - Camp Sherman, Metolious
River houses with septic systems located
along river banks and Paulina ranchers'
cattle are not fenced out of streams in the
Crooked River drainage.
Water QualityQuantity
-Drinking Water Standards-Algae produced
in up-stream reservoirs moves downstream
to the Warm Springs Water Treatment Plant
on the Deschutes River.
-Non-point pollution sources (Deschutes
River System) include chemical, biological
and erosion.
-Minimum flows for water quality are not
being met (e.g.: Crooked River) due to
irrigation withdrawals.
-Cumulative impacts of agricultural
fertilizerschemicals, and increased
-Clean Water Act through the pollution
discharge permit system and various
The RESERVATION is facine the
following environmental Issues:
Watershed Management
-Water as a commodity (If reservation water
gets put up for sale)
-Need to protect watershed integrity
-Sustained yield of water for Deschutes
system
-Impacts of hydropower generation
-Riparian area protectionstreamside
management
Water QualityQuantity
-Drinking Water Standards: Algae produced
in up-stream reservoirs moves down to the
Warm Springs Water Treatment Plant on the
Deschutes River. The algae causes an odor
which requires an extra step in treatment to
maintain the current standard. Need to
inventory existing water systems to assure
that lead pipes are not being utilized.
-Natural water standardsflake, rivers,
stream, etc.)
-Storage reservoirs, etc.
-Non-point pollution sources (within
reservation boundaries) include chemical and
biological pollutants and erosion.
-Non-point pollution sources (Deschutes
River System) includes chemical and
biological pollutants and erosion.
-Minimum flows for fisheries not being met
(i.e: Sidwalter) due to irrigation
withdrawals, cumulative impacts of
management activities in watersheds result
in reduced flows.
-Some rural homesites are experiencing
quality and quantity problems with their
wells.
Need: The Tribal Water Code is in effect.
However, the provisions use 1977 water
quality standards. The Tribal Council is
reluctant to amend the Water Code due to
the BIA's on not approving Tribal Water
Codes until water rights negotiations are
completed. Formal amendments to the
Water Code are not necessary because the
Water Code (Ordinance 45 & Resolution
No. 5772) expressly provides that technical
updates can be achieved by amending the
Implementing Provisions by Council
Resolution. Tlius there is no need to
formally amend the Water Code or get BIA
approval.
An additional need exists to clarify the
enforcement responsibilities and to eliminate
the reluctance to enforce for fear of political
repercussions.
Responsibility: Enforcement: EPA Region
X plus the Water Control Board and the
Watermaster for the Confederated Tribes.
Monitoringmanagement: EPA, BIA, IHS
and Tribe.
OPTIONS:
1. No Action
2. Memorandums of Understanding (MOU)
- TribeFederalStatcLocal
3. Technical update of Implementing
Provisions
4. Primacy
5. Centralize enforcement, monitoring, and
management capacity.
Joint Committee recommends option fs
2-5.
3. IMPLEMENTATION OF TRIBAL
LAWS: The Tribal Council intends to
sustain environmental health services and to
consolidate environmental enforcement. The
IHS position of Environmental Health
Officer is contracted under the provisions of
PL 93-638. The Tribe intends to redesign
of this and the BIA Environmental
Coordinator positions to enforce tribal and
federal environmental laws. Analysis of the
"Primacy" designation by EPA and of all
federal and tribal enforcement regulations
will be accomplished before consolidation
can be defined.
Once consolidated environmental
enforcement is defined, a new office can be
established. By combining IHS, BIA and
Tribal funds the Tribe will be able to
establish and maintain an enforcement
office.
The approach for establishing an
environmental office includes the
environmental team's findings concerning
enforcement of water quality, hazardous
waste, solid waste, zoning, injection wells,
air quality, herbicides and pesticides. The
"Primacy" issue is key to the design of this
enforcement office. The Tribe plans to use
the Environmental Team to analyze existing
laws and "Primacy" to recommend to Tribal
Council how best to design its
environmental enforcement capability.
Under the current situation responsibility for
protection of the environment is spread
throughout various departments in the tribal
structure resulting in overlaps and gaps in
enforcement. The respective roles of the
competing governments and agencies (tribal,
federal, and state) are uncoordinated and
undefined.
OPTIONS:
1. Government-to-Government agreement to
coordinate effective management
2. Centralize responsibilityauthority in one
office
3. Clarify existing enforcement
responsibilities
Joint Committee Recommends 's 1-3.
Warm Springs water
technician Richard Craig
tests quality of water in
Shitike Crtek on a regular
basis.
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4. OTHER RELATED WATER
QUALITY ISSUES:
A. Soib-ForretRnnce lands
ISSUE STATEMENT: So ls of the
reservation are highly credible. In upland
areas, poor range management practices
have caused shifts in vegetation from
desirable to undesirable species, leading to
sheet erosion and soil losses. This lowers
productivity and creates sedimentation in
streams. Valley soils consisting of clays and
clay loams have experienced gully erosion.
This destroys productive land and lowers the
water table. The sedimentation causes
damage to the fishery spawning beds and
damages the gills of the fish in periods of
high erosion.
Uncontrolled grazing has contributed to
degraded riparian habitat along streams,
resulting in fewer fish. Over-grazing
problems require strict application of sound
range management policies and restoration
of deteriorated units.
Forest management activities, including road
construction, landings, skid trails and water
hole access, also contribute to surface
erosion and increased turbidity and
sedimentation. These activities can compact
the soil and diminish its ability to absorb
and retain water. This can destabilize even
flow patterns and lead to seasonal in-stream
water shortages and higher peak flows which
can erode the stream channels. Erosion of
stream channels also increases turbidity and
sedimentation and destruction of natural fish
habitat. Loss of trees in riparian zones
leads to increased water temperatures from
the reduction of shade.
BIA regulates forest management activities
through the exercise of its contractual
powers with WSFPI. Regulation and
enforcement authority is shared among BIA
and WSFPI timber sale officers (TSO's)
which can .result in lack of coordination of
management and enforcement.
Need:
Existing Soil Survey being carried out by
SCS
Implement Management Plans and
rehabilitation projects, including:
Forest Management Plan
Streamside Management Plan
Water Code
Range & Agriculture Plan
Land Use Code - Ordinance 56
The BIA and Tribe will use the NEPA
Process and Integrated Resource
Management Plan as a basis for
communication, implementation and
accountability for restoration projects,
monitoring and enforcement to:
1) Halt the deterioration of rangelands by
controlling livestock grazing.
2) Improve range management and develop
specific plans for each range management
unit.
3) Review open range practices that have led
to under-use of the summer range and over
use of the winter range.
4) Provide for range improvement through
seeding of forage plants, better soils
analysis, better livestock controls,
completion of the drift fence between
Badger Creek and the Warm Springs River
and better range rider patrols.
5) Control off-road vehicle use and out-of-season
road use oh rangelands.
6) Maintain scenic attributes of rangelands.
7) Protect root digging places.
8) Prevent the over-harvest of forest lands
and protect the water quantity by enforcing
the provisions of Ord. 45 - Water Code.
9) Continue to improve forest management
practices including the use of designated
skid trails, line pulling, limiting the number
of landings, cut & fill road banks, use ditch
blocks, and continue road rehabilitation.
10) Develop and institute water hole
management practices.
Responsibility: Managementmonitoring:
TribalBIA Branch of Forestry, Timber
Corrmi:,' , Tribal Natural Resources and
USDA-SCS based upon IRMP and the
NEPA Process:
-Environmental Impact
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