Pueblo Water Code Sample Clauses
The Pueblo Water Code is a set of regulations governing the use, management, and protection of water resources within the jurisdiction of a pueblo or tribal community. It typically outlines the rights and responsibilities of water users, procedures for obtaining water permits, and standards for water quality and conservation. For example, the code may establish how water is allocated among community members or set penalties for unauthorized water use. Its core practical function is to ensure sustainable and equitable management of water resources, addressing issues such as scarcity, allocation disputes, and environmental protection within the pueblo.
Pueblo Water Code. Not later than the Enforceability Date of this Agreement, Ohkay Owingeh shall adopt a Pueblo Water Code consistent with this Agreement establishing an administrative process by which its sovereign authority over the Pueblo Water Rights will be exercised.
9.4.1. The Pueblo Water Code shall contain, at a minimum, the following:
(A) except for diversion amounts that are 3 AFY or less, provisions requiring Ohkay Owingeh to provide public notice by means reasonably calculated to inform water users and the Office of the State Engineer of the Pueblo’s:
(i) receipt of an application for a Pueblo Water Right permit,
(ii) intention to deny or to issue a Pueblo Water Right permit for a use of water, or
(iii) intention to change the place of use, purpose of use or point of diversion of any portion of the Pueblo Water Right;
(B) provisions specifying that, at a minimum, notice shall be provided electronically on Ohkay Owingeh’s website, by newspaper, and web-based publications intended to inform those potentially affected by an application;
(C) a process for issuance of a Pueblo Water Right permit, including the contents of a permit application, time periods for filing an application, conditions that require hydrologic analysis, and conditions for use of the Settlement Model or additional appropriate tools, as described in Article 8.2;
(D) standards to be employed in assessing an application for a Pueblo Water Right permit to determine potential Impairment, including, but not limited to, potential groundwater drawdown, surface water depletion effects, and physical impacts on other water users;
(E) an obligation that, upon Ohkay Owingeh’s finding of Impairment caused by its water use, Ohkay Owingeh shall mitigate that Impairment if practically and reasonably feasible;
(i) Where mitigation is not feasible, and Ohkay Owingeh issues a permit that is likely to Impair existing livestock or domestic ▇▇▇▇▇, Ohkay Owingeh shall provide notice to the Impaired party of the potential Impairment and the availability of the State mitigation fund. The State mitigation fund shall be the exclusive remedy for such Impairment.
(ii) For any Mutual Domestic Water Consumers Association (“MDWCA”) operating within the Rio Chama Stream System portion of the Pueblo Grant, if Ohkay Owingeh makes a finding of Impairment caused by its water use, the Pueblo Water Code shall provide that Ohkay Owingeh will cooperate with the State Engineer and the affected MDWCA to find suitable means to mitigate su...
Pueblo Water Code