All Roll Calls
Yes: 138 • No: 1
North DakotaSB 20592025 Regular SessionSenate
AN ACT to amend and reenact sections 61-04-05.1, 61-16.1-53.1, and 61-32-08 of North Dakota Century Code, relating to hearing and appeals processes of the department of water resources.
Sponsored By: Senate Energy and Natural Resources
Signed by Governor
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 0 costs, 3 mixed.
Landowners face water structure removal costs
North Dakota strengthens enforcement for dams, dikes, other water-control devices, and drains that break water laws or board rules. Local boards must decide complaints within 120 days; aggrieved parties have 30 days to appeal, giving written reasons and copies to relevant parties. An appeal pauses the board's removal obligation, and the water department independently investigates and may enter property to inspect. If a board fails to investigate within 120 days, an aggrieved party can file with the department within 150 days of the original submission. The department then investigates and decides despite the usual administrative-process limits. It can notify the owner to correct violations, return the case to the board for action, or refer it for prosecution. Its notice must allow a reasonable correction period of at least 30 days before it arranges removal or drain closure or filling. Responsible owners pay the costs through property assessments collected like property taxes; costs can be divided proportionally among multiple owners. Collections go to the state treasurer for the water contract fund. Courts must allow at least 30 days for ordered work; after noncompliance, courts must arrange dam removal and may arrange drain closure, charging responsible owners. When the department dismisses either type of complaint, it must notify all recorded appeal parties and include its investigation report when applicable.
Water applicants get clearer hearing rules
North Dakota water-use applicants and commenters have clearer steps for comments, hearings, and decisions. Written comments must meet department deadlines and include contact information; electronic submissions must be signed for the official record. Commenters can request a public hearing. When the water department finds a requested hearing or formal proceeding necessary, it must notify applicants and written commenters by certified mail at least 20 days ahead. If at least two municipal or public-use permit holders request a local hearing, it must be at the proposed site's county seat. After a written recommendation to approve, deny, or defer, applicants and other aggrieved parties have 30 days to submit more comments, request a formal proceeding, or both. Without a proceeding request, the department considers added comments and issues its final decision; otherwise, it schedules the proceeding.
Water disputes follow revised appeal rules
Parties aggrieved by water department decisions about dams, dikes, other water-control devices, or drains can request a department hearing. They must complete that hearing before appealing to district court. The law removes the old 15-day deadline for landowners to demand a hearing after the department's mailed notice. It also removes the requirement to schedule that hearing within 15 days after the demand.
Sponsors & Cosponsors
Sponsor
Senate Energy and Natural Resources
Affiliation unavailable
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
House vote • 3/10/2025
Second reading, passed, yeas 91 nays 1
Yes: 91 • No: 1
Senate vote • 1/20/2025
Second reading, passed, yeas 47 nays 0
Yes: 47 • No: 0
Actions Timeline
Filed with Secretary Of State 03/18
3/20/2025HouseSigned by Governor 03/17
3/18/2025SenateSent to Governor
3/14/2025SenateSigned by President
3/14/2025SenateSigned by Speaker
3/14/2025HouseReturned to Senate
3/11/2025SenateSecond reading, passed, yeas 91 nays 1
3/10/2025HouseReported back, do pass, placed on consent calendar 12 0 1
3/7/2025HouseCommittee Hearing 01:30
3/6/2025HouseIntroduced, first reading, referred Energy and Natural Resources Committee
2/13/2025HouseReceived from Senate
1/21/2025HouseSecond reading, passed, yeas 47 nays 0
1/20/2025SenateReported back, do pass, place on calendar 7 0 0
1/16/2025SenateCommittee Hearing 10:00
1/16/2025SenateIntroduced, first reading, referred Energy and Natural Resources Committee
1/7/2025Senate
Bill Text
Enrollment
INTRODUCED
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