Section ENV.04.38 — Proceedings By Other Parties

(a) The factual or legal basis for proceedings or other actions that shall result from a violation of any control regulation insure solely to the benefit of the people of the Tribe, and is not intended by this Article, in any way, to create new private rights or to enlarge existing private rights. A determination that water pollution exists or that any standard has been disregarded or violated, whether or not a proceeding or action may be brought by the Tribe, shall not create by reason thereof any presumption of law or finding of fact which shall be for the benefit of any person other than the Tribe.

(b) A permit issued pursuant to this Article may be introduced in any court of law as evidence that the permittee's activity is not a public or private nuisance. Introduction into evidence of such permit and evidence of compliance with the permit conditions shall constitute a prima facie case that the activity to which the permit pertains is not a public or private nuisance.