Title 20 - Water Resources Use









and Administration

Chapter 1. General Provisions

Sec. 101. Purposes
Sec. 102. Uses of Tribal water right prohibited
Sec. 103. All diversions and uses subject to paramount rights of Tribes
Sec. 104. Protection of rights which arise under the laws of the United States
Sec. 105. Construction to be consistent with Compact
Sec. 106. Effective date
Sec. 107. Definitions

Chapter 2. Notice of enactment of this Code

Sec. 201. Notice required
Sec. 202. Contents of notice
Sec. 203. Procedure for giving notice

Chapter 3. Water Resources Control Commission

Sec. 301. Creation of Water Resources Control Commission
Sec. 302. Composition of the commission, appointment and term
Sec. 303. Qualifications of commission members
Sec. 304. Oath of Office
Sec. 305. Compensation and bond of commission members
Sec. 306. Suspension and removal of commission members
Sec. 307. Disqualification of commission member in particular cases
Sec. 308. Rules and Regulations

Chapter 4. Application for Water Permit

Sec. 401. Permits required
Sec. 402. Application for permits
Sec. 403. Contents of permit applications
Sec. 404. Application not required for protected use
Sec. 405. Fees

Chapter 5. Hearings

Sec. 501. Scheduling of hearing on application
Sec. 502. Public notice of permit hearing
Sec. 503. Objections to applications for permits
Sec. 504. Comments on applications
Sec. 505. Service list
Sec. 506. Interim authorization to use water
Sec. 507. Public hearing on permit applications
Sec. 508. Consolidation of hearing
Sec. 509. Standards for granting permits
Sec. 510. Decision
Sec. 511. Petitions for reconsideration
Sec. 512. Finality of decisions
Sec. 513. Appeals

Chapter 6. Water Permits

Sec. 601. Form
Sec. 602. Information contained
Sec. 603. Conditions
Sec. 604. Materials open to public inspection
Sec. 605. Entry on land
Sec. 606. Effect of permit
Sec. 607. Changes in use

Chapter 7. Revocation of Water Use Permits

Sec. 701. Reasons for revocation
Sec. 702. Procedure for revocation hearing

Chapter 8. Priority of Tribal Uses in Times of Shortage and Resolution of Disputes Among Users of Tribal Water Rights

Sec. 801. Preference of uses by purpose of use
Sec. 802. Reduction of use in times of shortage
Sec. 803. Proceedings to determine that a reduction in use is necessary
Sec. 804. Resolution of disputes among Tribal water users

Chapter 9. Appeals

Sec. 901. Jurisdictions
Sec. 902. Notice of Appeal
Sec. 903. Appeal procedures
Sec. 904. Costs and attorney fees

Chapter 10. Water Administrator

Sec. 1001. Water Administrator; appointment
Sec. 1002. Qualifications
Sec. 1003. Compensation
Sec. 1004. Oath of Office
Sec. 1005. Duties
Sec. 1006. Staff
Sec. 1007. Term of office and removal

Chapter 11. Transfer of Rights to Use Water

Sec. 1101. Transfer of right to use the Tribal Water Right
Sec. 1102. Applications for transfer of Tribal Water Right
Sec. 1103. Reservation of rights

Chapter 12. Miscellaneous Provisions

Sec. 1201. Severability
Sec. 1202. Construction

Chapter 13. Assiniboine and Sioux Tribes Municipal, Rural & Industrial (MR&I) Water Commission

Sec. 1301. Establishing the MR&I Water Commission
Sec. 1302. Quorum and Voting by MR&I Water Commissioners
Sec. 1303. Recusal of MR&I Water Commissioners
Sec. 1304. Rules of the MR&I Water Commission
Sec. 1305. Powers of the MR&I Water Commission
Sec. 1306. Public Notice and Hearings
Sec. 1307. MR&I Water Commission Expenses and Budget
Sec. 1308. Records of the MR&I Water Commission
Sec. 1309. Temporary or Permanent Removal from Office - Replacement
Sec. 1310. Decisions of the MR&I Water Commission
Sec. 1311. Sovereign Immunity