(a) The existing level of water quality necessary to protect the existing uses shall be maintained and protected. In such cases where the designated uses of a given body of water are impaired there shall be no lowering of water quality with respect to specific pollutants, which may cause or contribute to impairment.

(b) Where the quality of water exceeds levels necessary to support propagation of fish and wildlife and recreation in and on the water, that quality shall be maintained and protected unless the Tribe finds that, after public participation provisions have been met, allowing lower water quality is necessary to accommodate important economic or social development in that area in which the waters are located. If allowing such degradation or lower water quality, the Tribe shall assure water quality adequate to fully protect existing uses. Further, the Tribe shall enforce, impose, implement, or adopt the strictest regulations for all new and existing point sources and all approved cost-effective, reasonable best management practices for nonpoint source control.

(c) The Council may allow lower water quality on a temporary basis in order to respond to emergencies, protect public health and welfare, or implement social/economic activities.

(d) In such cases where water uses justify outstanding resource designations, the designated water quality and uses shall be maintained and protected. Pollutants that will reduce the water quality shall not be allowed to enter such waters. To accomplish this YTEP may require water controls, maintenance of natural flow regimes and protection of in-stream habitats.

(e) High quality waters are those that constitute an outstanding national and Tribal resource, such as waters of national and state parks and waters of exceptional recreational or ecological significance. That water quality shall be maintained and protected.

(f) In those cases where potential water quality impairment associated with a thermal discharge is involved, the antidegradation policy and implementation method shall be consistent with Section 316 of the CWA. [Res. 04-46 § 3.2, adopted, 8/25/2004.]