19-8-105. DESIGNATION OF ADDITIONAL OR AMENDED COMMUNITY WELLHEAD PROTECTION AREAS.

1. General. The Commission may, subsequent to passage of this Title, designate additional or enlarged CWPAs under the terms of this section.
2. Basis for Designation. The Commission may designate new or amended CWPAs if it determines:
   1. Current areas are inadequately sized or located to protect fully the water quality of the wells they were meant to protect;
   2. New community wells are planned to come into production or have come into production around which there is no adequate wellhead protection areas; and
   3. The Commission determines that an aquifer or part of aquifer contains water of such quality and quantity that it is likely to be needed, used, or useful for community water well purposes in the future and should be protected.
3. Procedure for Designation of New or Amendment of Existing Community Wellhead Protection Area.
   1. The Commission shall make widely known to the Reservation community any proposal to designate or amend a CWPA by, at a minimum:
      1. sending notice of the proposed designation or amendment to each owner or occupant of land within the proposed area whose name can be identified with the exercise of reasonable diligence;
      2. sending notice of the proposed designation or amendment to the Bureau of Indian Affairs and the Indian Health Service;
      3. sending notice of its proposed designation or amendment to each member of the Tribal Council; and
      4. publishing a notice of its proposed designation at least twice in a newspaper of general circulation on the Reservation.
   2. The notice shall describe the land area encompassed n the proposed addition or amendment and the restrictions upon activities in CWPAs required by this Title. Not sooner than 10 days nor later than 30 days after the notices required by subsection (a) above are last published, the Commission shall convene a public meeting in the community nearest the proposed CWPA to explain the proposal and to take comments. The comments shall be taken and the meeting otherwise conducted in accordance with the informal hearing procedures set forth in Title 18, Chapter 21. The public shall be permitted to file written comments with the Commission on the proposal up to 14 days after the public meeting is held.
4. Announcement of Commission’s Designations.
   1. If, after the close of the public comment period, the Commission determines to proceed with a new or amended CWPA designation, it shall announce that decision to the Tribal Council in a “Wellhead Protection Area Designation Report.”
   2. The Report shall describe the area to be protected, provide an accurate map of its extent, and explain the purpose of an grounds for the designation, which shall include an analysis of the quality, quantity and use of the water to be protected, the threats or potential threats to its continued quality, and the effects of designation of the area.
   3. The Commission shall make its final designation widely known to the Reservation community by, at a minimum:
      1. sending a notice of the final designation to each owner or occupant of land within the area whose names can be identified with reasonable diligence;
      2. posting a notice of the final designation at the Tribal Administration Building; and
      3. publishing a notice of the final designation at least once in a newspaper of general circulation on the Reservation.
5. Effective Date of Final Designation or Amendments to Community Wellhead Protection Areas. The Commission’s designation of any additional or amended CWPA shall be final and become part of this Title within 30 days of the date of last publication of the final designation.
6. Amendment of Community Wellhead Protection Area Map. Upon final designation of an additional or amended CWPA by the Commission, the Director shall amend the official Community Wellhead Protection Area Map to reflect the additional or amended designation.
7. Enforceability of Additional or Amended Community Wellhead Protection Areas. Unless specified otherwise by the Commission, a new or enlarged CWPA shall become binding and enforceable only upon its additional to the official Community Wellhead Protection Area Map.