North Dakota Administrative Code

An emergency drain permit application must be sent simultaneously to the board and the department. The application will be reviewed for completeness by the board and the department. The department must make a preliminary determination as to the existence of an emergency. As soon …

After completion of the meeting, the director must consider: 1. The written information received; 2. The matters discussed; 3. The board's recommendation; and 4. Whether the emergency permit should be granted. If the permit is granted, the director may place any condition upon it…

If the drain is to be permanent, the applicant must submit a drain permit application to the department under chapter 89-02-01. If the application is submitted at least thirty days before the emergency permit expires and the permanent drain has the same alignment as the emergency…

If a permanent drain permit application is not submitted thirty days before the emergency permit expires, the applicant must immediately prepare to close the drain unless the applicant has applied for an extension under section 89-02-05.1-09.1. Preparations must include obtaining…

The applicant must submit a written request for an extension at least thirty days before the expiration of the emergency permit. If it is determined that an emergency still exists, the director may issue a one-time, six-month extension to the permit's expiration date. If an emerg…

Repealed effective January 1, 2015. 3

A conditional water permit application must be submitted to the department on the form provided by the department. A map containing the information prescribed by the department must accompany the application. Unless the department first approves another type of map, the map must …

The department must note the receipt date of a properly completed application on the application. Except for water applied to domestic, livestock, or fish, wildlife, and other recreational uses where a water permit is not required, this filing date establishes the application's o…

A conditional water permit applicant must have a legal interest where the point of diversion and conveyance system will be located. The applicant must demonstrate to the department's satisfaction that the applicant has the capability to put the water to beneficial use. If the app…

A water permit may authorize water storage for flood control or other reasons deemed necessary by the department. However, authorization to store water for flood control or other reasons does not create a water right. If stored water will be put to beneficial use, a water permit …

Unless otherwise authorized by the department, any person authorized to store water, except for flood control, may only fill the reservoir to the amount authorized in the permit once each year. The reservoir will be filled during the first runoff following February first of each …

Any incorporated municipality or rural water system that appropriates water in excess of its current needs under North Dakota Century Code section 61-04-06.2 may sell the excess water provided: 2 1. The municipality or rural water system is supplying all the demands of its reside…

Repealed effective January 1, 2023.

1. An applicant may amend a conditional water permit application. If the department determines the amendment is likely to adversely affect another applicant whose application was submitted after the application sought to be amended and before the proposed amendment, the departmen…

Repealed effective January 1, 2023.

A request to assign a conditional water permit application to another person must be submitted to the department in writing. When title of land for which there is a pending application is transferred, either the transferee or the applicant may apply for application assignment. Th…

When a conditional water permit application involves water stored in a reservoir, a volume of water equal to the mean net evaporative loss over the surface area of the impoundment at the principal spillway elevation must be requested as an annual use that will be taken from the s…

1. When a proper conditional water permit application is filed, the department will forward the appropriate number of completed notice of application forms to the applicant. The notice must include the following essential facts: a. All requested points of diversion; b. Requested …

In addition to the requirements in North Dakota Century Code section 61-04-05, a copy of the notice of the conditional water permit application to be published must be sent to the applicant. History: Amended effective April 1, 1989; November 1, 1989; February 1, 1994; August 1, 1…

Repealed effective April 1, 2000.

Repealed effective April 1, 1989.

Repealed effective April 1, 2000.

Repealed effective July 1, 2014.

Unless specifically excluded by the department or the hearing officer, the record in each water permit application proceeding includes, if available, the following reports or records, or portions thereof, relevant to the proposed appropriation: 1. United States department of agri…

A conditional water permit application may only be considered if works are associated with the proposed appropriation. For any water appropriation that involves the construction of works that require a construction permit from the department, the water permit may be issued before…

The department may not issue a water permit that allows for the appropriation of water from more than one water source. An appropriation from the main channel of a river and from a tributary of the river is an example of an appropriation from more than one water source. The depar…

Repealed effective January 1, 2023.

An application for a temporary water permit must be made on the form provided by the department. In that request, the applicant must indicate the purpose for which water will be used, water quantity needed, proposed point of diversion, type of use, withdrawal rate, water source, …

To accommodate annual crop rotation requirements, the holder of a water permit for irrigation may make a request to the department for the temporary transfer of the volume of water appropriated from an approved point of diversion to another tract of land. The transfer must be mad…

The following filing fee schedule will be used for temporary water permit applications. The fee must be included with the application. The department may waive the fees for certain emergency uses of a temporary water permit, including firefighting. Volume of Water Requested: Less…

Conditional water permit applications from the same source for different uses will be considered competing applications if received by the department within ninety days of each other. History: Effective April 1, 1989; amended effective January 1, 2023. General Authority: NDCC 61-…

Where the time has expired to put any portion of the water appropriated under a conditional water permit to the beneficial use named in the permit, the department will notify the permitholder. The department will provide the permitholder with a form to request an extension for ap…

The form for reporting annual water use under North Dakota Century Code section 61-04-27 must include the permit number, water usage amount, pumping rate, if applicable, and any other information the department may require. One form must be filed for each water permit held. Histo…

A permitholder who fails to timely submit a complete and accurate annual water use report under North Dakota Century Code section 61-04-27 must be assessed a fine of two hundred fifty dollars for each water permit. History: Effective July 1, 2014; amended effective January 1, 202…

Repealed effective January 1, 2023. 8

purpose of use. An application to add a point of diversion or for a change in purpose of use must be submitted to the department on the form provided by the department. The department may require additional information not requested in the application. A change in purpose of use …

If the change in purpose of use or to add a point of diversion application is not submitted on the proper form or if the form is improperly completed, it will be returned within thirty days, along with a statement of the required corrections. History: Amended effective April 1, 1…

An applicant for a change in purpose of use or to add a point of diversion, before being instructed to give notice as required by section 89-03-01-04, may amend an application. An amendment request may be made by letter or by submission of an amended application. If any notice of…

Repealed effective April 1, 1989.

Notification of an application for change in purpose of use or to add a point of diversion must be handled in accordance with section 89-03-01-04. History: Amended effective April 1, 1989; August 1, 1994; July 1, 2014; January 1, 2023. General Authority: NDCC 61-03-13 Law Impleme…

add a point of diversion. Notice of an application or an amendment to an application for a change in the purpose of use or to add a point of diversion must be published in accordance with sections 89-03-01-04 and 89-03-01-05. History: Amended effective April 1, 1989; April 1, 200…

Repealed effective April 1, 1989.

A request to assign a water permit to another person must be submitted to the department in writing. The transferee or the permitholder may request assignment of the water permit. The application must describe the transferee's interest in the water permit. The department may requ…

Repealed effective January 1, 2023.

No change in location of use of a conditional or perfected water permit will be granted if other appropriators that rely upon the return flows from the permitholder's beneficial use of water would be adversely affected. History: Effective April 1, 1989; amended effective July 1, …

A request to increase a permitholder's pumping rate must be made in writing to the department. The department, before making a decision on the request, will consider what effect the increase has on other appropriators from the water source. History: Effective April 1, 1989; amend…

The department may increase the number of acres that may be irrigated on the tracts of land specified in a water permit to allow for more efficient operation of an irrigation system. A request for an increase in the number of acres must be evaluated in accordance with subdivision…