Learn More About Tribal Beneficial Uses (TBUs)

The State Water Board and the nine regional water boards (collectively, the Water Boards) have a mission to “Preserve, enhance, and restore the quality of California’s water resources and drinking water for the protection of the environment, public health, and all beneficial uses, and to ensure proper water resource allocation and efficient use, for the benefit of present and future generations.” A core part of that mission is the protection of all beneficial uses.

The Water Boards implement this mission through a combination of water quality and water rights legal frameworks. For water quality, the work is guided by the federal Clean Water Act and the California Porter-Cologne Water Quality Control Act. The Porter-Cologne Water Quality Control Act establishes the framework for protecting beneficial uses.

Under the Porter-Cologne Water Quality Control Act, beneficial uses describe the ways waters of the state are used or may be used. There are many types of beneficial uses, including but not limited to: drinking water, recreation, navigation, industrial supply, agriculture, aquatic habitat, and many more. Beneficial uses are formally established categories that describe how water is being used, not necessarily who is using the water. Beneficial uses are protected through water quality control plans, also known as basin plans at the regional water board level. Each of the ten Water Boards have their own water quality control plans that are reviewed every three years through the Triennial Review process.

Water quality control plans (basin plans) include the following elements:

• General Information: Descriptions of key environmental and watershed characteristics, such as a list of all lakes, rivers, and streams within the watershed
• Beneficial Uses: Descriptions and definitions of how the waters of the state may be used (drinking, recreation, habitat, tribal tradition and culture, etc.)
• Beneficial Use Designations: Identifies which beneficial uses apply to specific rivers, lakes, and streams
• Water Quality Objectives: Limits of water quality constituents to protect the designated beneficial uses
• Water Quality Standards: Clean Water Act term that includes both beneficial uses and water quality objectives
• Implementation Programs: Actions to improve or maintain water quality
• Monitoring: Activities to track compliance with permits and water quality objectives

When the Porter Cologne Water Quality Control Act was established and when the existing water quality control plans were adopted, the unique ways that Tribal communities use water were not always considered.

For many years, Native American Tribes advocated to the Water Boards that the existing beneficial use categories did not adequately reflect how Tribes use water. Tribal representatives have also explained that some traditional practices may put Tribal members at greater risk of exposure to toxins, and that those uses may not be protected by existing beneficial uses. For example, a traditional basket weaver who softens wetland reeds by placing them in their mouth may be exposed to contaminants that the plant absorbed from the water. Another example is that Native American Tribes may consume fish, shellfish or other aquatic species according to their traditions, lifeways, or ceremonies. This consumption of aquatic species may occur at higher rates and using different consumption methods than the general population. The existing water quality objectives established for the general population’s fish consumption beneficial use may not provide enough protection for this kind of toxin exposure.

In response to this concern, Native American Tribes initiated a collaboration with the State Water Board and together created definitions for two new beneficial use categories, known as Tribal Beneficial Uses. On February 16, 2016, the State Water Board adopted Resolution No. 2016-0011, acknowledging the importance of identifying and describing beneficial uses unique to Native American Tribes. In 2017, the State Water Board adopted Resolution 2017-0027 which adopted Part 2 of the Water Quality Control Plan for Inland Surface Waters, Enclosed Bays, and Estuaries of California—Tribal and Subsistence Fishing Beneficial Uses and Mercury Provisions. This Plan (often referred to as the ISWEBE Plan) established and defined the Tribal Beneficial Uses as follows:

• Tribal Tradition and Culture (CUL): Uses of water that support the cultural, spiritual, ceremonial, or traditional rights or lifeways of California Native American Tribes, including, but not limited to: navigation, ceremonies, or fishing, gathering, or consumption of natural aquatic resources, including fish, shellfish, vegetation, and materials.
• Tribal Subsistence Fishing (T-SUB): Uses of water involving the non-commercial catching or gathering of natural aquatic resources, including fish and shellfish, for consumption by individuals, households, or communities of California Native American Tribes to meet needs for sustenance.

Tribal Beneficial Use designations ensure Tribal cultural and subsistence uses are fully considered in Water Boards permitting, planning, and water quality decisions. Once a river, lake, or stream is designated with a Tribal Beneficial Use, the Water Board must consider that use when it makes future decisions.

For example, consider a scenario where a stretch of a river is designated with the Tribal Culture and Tradition (CUL) beneficial use to protect a sensitive gathering area used by Tribal members, Elders, and cultural practitioners to gather reeds for basketweaving. A traditional basket weaver who softens wetland reeds by placing them in their mouth may be exposed to contaminants that the plant absorbed from the water. For this TBU designation, water quality standards must protect basketweaving plants and the people who handle them. To protect this beneficial use, the Water Board may consider taking actions such as:

• Discharge permits may require stricter limits or additional treatment to protect gathering areas.
• New, more protective water quality objectives may be developed based on Tribal exposure and cultural practices.
• Permits under the National Pollutant Discharge Elimination System (NPDES) and Clean Water Act Section 401 Water Quality Certification may be revised to ensure Tribal Beneficial Uses are protected.
• Total Maximum Daily Loads (TMDLs) may be developed to establish pollutant limits for waterbodies that are not meeting water quality standards.
• Monitoring and data collection may expand to track impacts on Tribal lifeways.

Once a Tribal Beneficial Use is designated, the Water Board considers the use when evaluating whether to approve, revise, or deny future permits. Formal designation reduces the need for Native American Tribes to follow every single permit process. This reduces the need for Native American Tribes to repeatedly explain their uses, it strengthens protections for current and future practices, and it also elevates Tribal knowledge in regulatory processes. The Water Boards can still protect a Tribal Beneficial Use during a regulatory action even without a formal designation if a Native American Tribe provides information on the beneficial use during the regulatory process.

A Tribal Beneficial Use can only be designated with a Native American Tribe’s consent and a formal written request. The written request, along with any descriptions, information, or examples a Native American Tribe chooses to include, becomes the foundation for the public documentation used in the basin plan amendment to designate the beneficial uses.

Before submitting a written request, Native American Tribes are encouraged to speak with Water Board staff about the information they may wish to share. These conversations help ensure mutual understanding, support Tribal decision‑making, and clarify what information is needed for the basin plan amendment and what would become part of the public record.

Information to Support a Designation

Because each Native American Tribe’s knowledge, history, and cultural and subsistence practices are unique, every written designation request will look different. For the written designation request, general information is sufficient for a designation. Native American Tribes do not need to share exact locations or sensitive cultural details that they do not wish to include in the public record. Helpful information to include in the written designation request can include:

• Type of use (CUL and/or T‑SUB)
• Specific types of activities (CUL only)
• Where the activity occurs (general segment or waterbody, not exact locations)
• Exposure pathways (ingestion, immersion, plant handling, etc.)
• Frequency, duration, and seasonality
• Whether the use is current or planned for the future
• Summary-level data on consumption or cultural practices

This information can be provided in a combination of formats, including but not limited to: written or verbal testimony, photos, stories, maps, art, video, survey results, or summary information.

1. A Native American Tribe submits a written request identifying the Tribal Beneficial Use(s) and describing how the waterbody(s) is used.
2. The Water Board adds the TBU definitions to the basin plan.
3. The Water Board proposes waterbody designations in consultation with the Native American Tribe.
4. The Water Board conducts CEQA review and AB 52 Tribal consultation.
5. The Water Board evaluates whether new or revised water quality objectives are needed.
6. If needed, the Water Board develops an implementation plan for the new objectives.
7. Staff prepare the basin plan amendment, staff report, and CEQA documentation.
8. The Water Board holds a public hearing and adopts the amendment.
9. The amendment is submitted for final approval to the State Water Board, Office of Administrative Law, and U.S. Environmental Protection Agency (if required).
10. After approvals, the Water Board implements the amendment and continues coordination with the Native American Tribe.

The draft Guidance on Designating Tribal Beneficial Uses provides more detail on each step of the designation process, resources available, and options for collaboration.