(a) The primary responsibility for the protection of the water quality on the Yurok Indian Reservation (YIR) has been assigned to the Yurok Tribal Environmental Program (YTEP) and the Fisheries Program (YTFP). YTEP and YTFP provide YIR-wide coordination of the water quality control program by developing, reviewing, and recommending Tribal (Yurok Tribe) approval of Reservation-wide policies, plans and permits for the implementation of Tribal and federal law.

(b) The water quality standards outlined in this chapter and its subsequent amendments are designed to fully protect the beneficial uses of Reservation waters. This water quality control plan (WQCP) is not a management document and therefore does not set forth actions or recommendations for the implementation of projects that may impact beneficial uses. Rather, it is a regulatory document used by the Tribe to permit, deny, or condition proposed actions that have the potential to affect the beneficial uses of waters of the Reservation. It is the intent of the Tribe that these standards be binding on all other governmental entities and private parties to the maximum extent permitted by law.

(c) In cases where the following standards are believed to be unattainable or impractical, or where meeting the standards would cause harm to beneficial uses, the proponent must demonstrate, to the satisfaction of the Tribe, that this is the case. Such a demonstration will only be considered by the Tribe as part of an active request for a permit, action by the proponent, or enforcement action by the Tribe not as a matter of projected or theoretical proposed actions. Tribal staff established the following standards based on the best available science to support a thriving, sustainable fishery and related aquatic ecosystem. For more information on best available science, see references at YTC 21.25.190.

(d) Discharge of waste into waters of the Reservation, whether or not the discharge is made pursuant to this chapter or pursuant to any Tribal or other governmental permit, shall not create a vested right to continue the discharge. All discharges into the waters of the Reservation are conditioned privileges, not rights. [Res. 04-46 § 1, adopted, 8/25/2004.]