Kalispel Indian Community of the Kalispel Reservation
Section 9 Antidegradation Policy
This Antidegradation Policy shall be applicable to all surface waters of the Reservation. The purpose of the Antidegradation Policy is to guide decisions that affect water quality such that unnecessary degradation from point and nonpoint sources of pollution is prevented, and to protect, maintain, and enhance existing surface water quality to protect all existing beneficial uses. The Antidegradation Policy consists of the following three tiers:
- Tier 1: Existing in-stream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected. When the natural conditions of Waters of the Reservation are of a lower quality than the criteria assigned, the natural conditions shall constitute the water quality criteria.
- Tier 2: Where the quality of the waters exceeds assigned criteria, that quality shall be maintained and protected unless the Tribe finds, after full satisfaction of the inter-governmental coordination and public participation provisions, that:
- allowing lower water quality is necessary to accommodate important economic or social development in the area in which the waters are located;
- in allowing such degradation or lower water quality, the Tribe shall assure water quality adequate to protect existing uses fully;
- lowering water quality will support all existing beneficial uses and will not violate applicable criteria or site specific criteria;
- lowering water quality for economic or social development purpose shall not authorize other users or dischargers to increase their loading;
- lowering water quality will not adversely affect listed threatened or endangered species, or species eligible for listing.
- all wastes and other substances discharged will be treated and controlled to achieve:
- the highest statutory and regulatory requirements for all new and existing point sources, and
- all cost-effective and reasonable best management practices for non-point sources.
- Tier 3: Water quality shall be maintained and protected in high quality waters within areas designated as unique water quality management areas and waters otherwise of exceptional recreational, ecological, cultural, or religious significance. Such waters may be classified as "Outstanding Resource Waters of the Reservation". Provision for such designation will be provided for in the Tribe’s Law and Order Code as adopted by resolution. In those cases where potential water quality impairment associated with a thermal discharge is involved, this Antidegradation Policy’s implementing method shall be consistent with Section 316 of the Clean Water Act.