Water

Clean Water Act (CWA) Section 106 provides funding for monitoring and assessing water qualities of the Tribal Lands. EPA Region 8, the Rocky Mountain Region, is home to 27 tribes, and most have a CWA Section 106-funded water pollution prevention program. While each tribe has its own priorities and goals, all have benefited through this program. EPA Region 8 Water Quality Success Stories showcases the water quality improvements, on-the-ground projects, and programs that have benefited water quality greatly in EPA Region 8 Indian Country.

Ute Mountain Ute Tribe began its Water Quality Program in the early 90’s. In 2005, the UMUT’s application to the Treatment in the same manner As a State (TAS) was approved in order to administer Water Quality Standards and Implementation Plans (CWA Section 303) and to authorize the Tribe to issue water quality certifications compliant with the CWA Section 401.

UMUT has also worked on projects under the CWA Section 319 to manage polluted runoffs also know as Nonpoint Source Pollution (NPS).

In 2001, runoff from the burn areas on Mesa Verde dumped tons of ash and sediment in the Mancos River, covering fish spawning areas and smothering aquatic life. To make matters worse, the Mancos River literally dried up in the summer of 2002 as a result of water diversions for irrigation and a 300-year drought that gripped the area. Back From the Brink is an account of the fish recovery efforts by the UMUT in the Mancos River and was published in Colorado Outdoors magazine.

The Tribe’s NPS management projects include NSP Assessment and Management Plan completed in 2006.

The Ute Mountain Ute Tribe, as a sovereign nation and a Federally recognized Indian Tribe is establishing water quality standards for protection of its surface water resources. Ute Mountain Ute Tribal Council Resolution No. 99-123, approved August 12, 1999, documents the decision of the Ute Mountain Ute Tribal Council to use their authority, when approved by the U.S.Environmental Protection Agency as described in Section 518 of the Federal Water Pollution Control Act (hereafter referred to as the “Clean Water Act”), to administer a water quality standards program.

The purpose of these standards are threefold: assessment, regulatory controls, and protection of all uses including habitat for aquatic and wildlife species.

Surface Water Quality Standards

Tribe’s Surface Water Quality standards are adopted by the Counsil and approved by the EPA as of October 20th. 2011. We appreciate the questions and comments we received during the public comment period this past year. Thank you so much!

2011 Surface Water Quality Standards – View PDF
– Colin Larrick and Scott Clow

Appendix A – View PDF
Metals Criteria Conversion Factors: Conversion factors between dissolved and total recoverable for metals criteria
– by Scott Clow

Appendix C – View PDF
Anti-Degradation Implementation Policy: Policy for implementation of standards, permitting, and enforcement
– Scott Clow, Colin Larrick, Celene Sheppard

Appendix D – View PDF
Anti-Degradation Review Procedures Evaluation Review Sheets
– Scott Clow, Colin Larrick, Celene Sheppard

Jurisdiction: Treatment As State
Section 518 of the Clean Water Act Authorizes the EPA to treat Indian Tribes in the same manner as a State for the purposes of administering and implementing a water quality standards program (CWA Section 303). Coupled with this is also the authority to review and certify (or not certify) certain permits written by the EPA, States, and the Army Corps. of Engineers that may adversely affect the waters over which the Tribe has authority (CWA Section 401).

To qualify, tribes must meet the criteria described in Section 518 of the Clean Water Act. This involves an extensive, in-depth review by EPA at various levels by the respective EPA Regional staff—both water quality technical staff and legal staff. If regional EPA staff determines that the application is appropriate and complete, they make a recommendation to EPA headquarters to approve the application. It is then reviewed at the headquarters level and that staff may authorize the EPA Regional Administrator to approve the application.

The paragraph above is a very simple description of the process, and because each application is reviewed on a case-by-case basis, each review involves unique characteristics and case review. The process can be quite complicated, especially whenTribes are asserting jurisdiction over “fee lands” or “allotted lands” where non-tribal members may live or work or where the land status is not explicitly determined to be “held in trust” for the tribe in question. The process can often take years to unfold.

In September of 2005, the EPA approved the Ute Mountain Ute Tribe’s application to be treated in the same manner as a State for the purposes of implementing Clean Water Act Section 303 and 401. You can read the application, refinement of application, EPA approval letter and decision document here on this website.

Surface Water Monitoring and Assessment
Tribe’s surface water quality is monitored and assessed routinely and published here.

Navajo Wash

Mancos Creek

Cottonwood Wash

Ground water is a very valuable resource for the UMUT. From the springs in the Ute Mountains to the deep aquifers that supply domestic water to the residents of the White Mesa, Utah Community, this resource is critical to the health and welfare of Tribal Members. Wildlife and livestock of the UMUTL depend ongroundwater springs and wells, contributing to the importance of the resource in regards to Tribal welfare and traditional Ute culture.

The UMUT Council adopted a Ground Water Protection Plan (GWPP) to protect these valuable resources in 2004. The Plan describes the different ground water resources; their value and uses to the Tribe; their vulnerability to specific pollutants; land uses that may affect ground water; and the plan establishes protocols and requirements of land users to prevent the pollution of those ground water resources, respectively.

Ground water is also connected to surface water, and this interaction is very important in recycling nutrients, binding pollutants, and purifying surface water. Wetlands are also critical in purifying surface water and ground water at that interactive zone.

The Tribe’s Tamarisk control program seeks to reduce the consumption of ground water in riparian zones by those invasive plant species. By raising the ground water table, it is anticipated that it will have a positive impact on surface water quantity and quality.

See more information about the cause of ground water contamination.

Ute Mountain Ute Tribe’s drinking water quality consumer confidence reports are available here. These reports are legally required to be provided by the Public Works Dept. for each municipal water system. Hard copies are on display at: Towaoc Post Office, Tribal Office Complex, Travel Center, Environmental Programs Dept. and Public Works Dept.; White Mesa Travel Center/Post Office, White Mesa Administration Office, White Mesa Recreation Dept.

Towaoc

White Mesa

If you have questions about the quality of your drinking water, please contact your Environmental Programs Director, Scott, at 970-564-5432.

To report a system failure (no water available) contact Public Works Dept. at 970-564-5493.

 For more information:

Drinking Water and Health Effects

Community Awareness and Involvement

What is Safe Drinking Water Act?

Many wetlands and streams are present in the Ute Mountain Ute Tribal lands (UMUTL) are heavily impacted by agriculture, grazing, noxious weeds, and development for homes, gravel and oil & gas extractions. In an arid environment, the wetland and riparian ecosystems are an important and rare resource, and their importance for fish and wildlife, cultural and traditional practice and life style, and recreation cannot be over emphasized.

The primary threat to water and the health of riparian and wetland ecosystem on the UMUTL is a saltcedar (Tamarix ramossisma) infestation. The total infestation estimate is 2,000 acres; virtually every riparian corridor and drainage has been invaded, dramatically affecting water quantity and quality. Saltcedar is oblivious to high alkaline salt in soil and water and freely transevaporate the water, leaving high concentration of salt in leaves. As leaf litter accumulates under and around the tree, so does the alkaline salt, killing salt-sensitive plants and impeding future colonization of other plants, including many native species. Eventually, saltcedar takes over, and nothing else will grow.

Native plants associated with riparian and wetland ecosystems have been gathered and utilized by the Ute people as food, shelter, clothing, ceremony, medicine, tools, baskets, dye, and fuel. This way of life is practiced today, and protecting and conserving the habitats for these plants support the traditional practices and culture of the Ute People.