All Roll Calls
Yes: 138 • No: 1
North DakotaSB 20592025 Regular SessionSenateWALLET
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
Became Law
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Bill Overview
Analyzed Economic Effects
5 provisions identified: 0 benefits, 2 costs, 3 mixed.
Removal and costs for illegal dams
If a dam or dike was built against the law, the department acts. It may notify the landowner, return the case to the board, or send it to the state's attorney. A notice must allow at least 30 days to remove the structure and explain the problem. The landowner may demand a hearing within 15 days; the department must set it within 15 days. If it is not removed on time, the department or court will remove it and charge the landowner. The cost is assessed against the property and collected like property taxes; costs can be split among owners. Collected amounts go to the state contract fund.
Illegal drains: closure and costs
If a drain was made against the law, the department acts. It may notify the landowner, return the case to the board, or send it to the state's attorney. A notice must allow at least 30 days to close or fill the drain and explain the steps. The landowner may demand a hearing within 15 days; the department sets it within 15 days. If it is not fixed on time, the department or court will do the work and charge the landowner. The cost is assessed against the property and collected like property taxes; costs can be split among owners. Collected amounts go to the state contract fund.
Clear appeal steps for drainage disputes
Boards must decide drainage complaints within 120 days and mail notice. Any aggrieved party has 30 days to appeal to the department with written reasons. An appeal relieves the board of arranging closure while the review happens. The department investigates and may enter the property. If the board does not act, the original complainant can file with the department within 150 days. If the department dismisses, it must notify all parties and include any report. You must get a department hearing before going to district court.
Faster appeals on dam and dike disputes
Boards must decide dam or dike complaints within 120 days and mail notice. Any aggrieved party has 30 days to appeal to the department in writing with reasons. An appeal pauses a board‑ordered removal while review happens. The department runs its own investigation and may enter the property to inspect. If the board does not act, the original complainant can file with the department within 150 days. If the department dismisses, it must notify all parties and include any report. You must get a department hearing before appealing to district court.
New rules for water permit hearings
The law sets clear steps to comment on water permits. You must file written comments by the deadline with your name and mailing address; electronic comments must be signed. You may ask for a public hearing, and the department mails certified notice at least 20 days before. If two or more municipal or public‑use permit holders ask, the hearing is held at the county seat. After comments or a hearing, the department sends a written recommended decision. You have 30 days to send more comments or request an adjudicative hearing; if set, the department gives at least 20 days’ certified notice.
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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