Section ENV.04.40 — Minimum In-Stream Flow

(a) Under this Article, minimum in-stream flow for cultural a traditional uses, fish and aquatic life, recreation and esthetic purposes are legitimate beneficial uses.

(b) Parties proposing to de-water major reservation streams for irrigation purposes or agricultural use must demonstrate to the Tribe that the proposed activities will not interfere with a minimum stream-flow no less than ten (10) cubic feet per second (cfs) for the purpose of subsection (c).

(c) A minimum stream flow of 10 cfs shall be retained in all other streams at all times, unless the natural flow, due to natural conditions, is less than 10 cfs.