19-6-107. WATER QUALITY STANDARDS.

1. Standards for Identified Waters. The Director shall establish regulations for beneficial uses and water quality standards for specific surface waters located within the Reservation. Such regulations shall be issued within 180 days of enactment of this Title.
2. Antidegradation Standards. Notwithstanding the water quality criteria established for streams, rivers, lakes, or other bodies of water in § 19-6-107 (1), it is the policy of the Tribe to prevent the unnecessary degradation of any waters of the Reservation, which policy shall be implemented as follows:
   1. Existing beneficial uses shall in all cases be maintained and protected and no water quality degradation shall be allowed that would interfere with or become injurious to existing beneficial uses.
   2. Under no circumstances may the degradation of the water quality of unique Reservation waters be allowed. Such unique Reservation waters shall be identified by the Director in regulations within 180 days of enactment of this Title.
   3. Whenever surface waters other than those unique waters listed in § 19-6-107 (b) are of higher quality than provided for by the applicable Water Quality Standards, the existing higher water quality shall be protected, and no degradation shall be allowed unless the Commission waives the requirement that the higher water quality be maintained. The Commission may grant such a waiver only after a public hearing according to the informal hearing procedures set forth in Title 18, Chapter 21.