Title 61, Waters

The department of water resources is established and is the primary state water agency. The governor shall appoint a director of the department subject to approval by a majority of the members of the state water commission. The director may not engage in any other occupation or b…

For purposes of this chapter, unless the context otherwise requires: 1. "Department" means the department of water resources. 2. "Director" means the director of the department.

1. The director shall: a. Enforce all rules adopted by the department. b. Hire a state engineer who is a qualified professional engineer, has appropriate hydrology experience, and will report to the director. c. Hire other employees as necessary to carry out the duties of the dep…

All claims for services rendered, expenses incurred, or materials or supplies furnished under the direction of the director and which are payable from the funds appropriated for the work under the director's direction and supervision must be approved by the director before paymen…

The director may submit a biennial report to the governor and the secretary of state in accordance with section 54-06-04.

The records of the department are public records. The records must show in full all permits, certificates of completion of construction, licenses issued, actions taken on permits and licenses, and actions or decisions of the department affecting any rights or claims to appropriat…

When asked by a board of county commissioners, the department shall cooperate with the board in the engineering work required to lay out, establish, and construct any drain to be used by any county or portions of a county to divert floodwaters, lakes, or watercourses, and shall a…

The department is the custodian of all plats, field notes, and similar records provided to the state by a federal government entity. Suitable rooms in the capitol building containing vaults for fireproof protection and the safekeeping of the records must be provided to the depart…

The attorney general, and the state's attorney of the county in which legal questions arise, shall provide legal counsel for the department without compensation other than their salaries as fixed by law, except when otherwise provided.

The department may adopt rules necessary to carry out the duties of the department. The department shall amend rules relating to applications for permits to appropriate water, for the inspection of works, for the issuance of licenses, and for the determination of rights to the us…

The state water commission may vote on a modification of a department rule which is required under section 61-03-13 only on an appeal from a decision of the director.

The department shall make hydrographic surveys and investigations of each stream system and source of water supply in the state, beginning with those most used for irrigation, and shall obtain and record all available data for the determination, development, and appropriation of …

Upon the completion of a hydrographic survey of any stream system, the department shall deliver a copy of the survey and all data necessary for the determination of all rights to the use of the waters of the system to the attorney general, who, within sixty days, shall enter suit…

In any suit for the determination of a right to the use of the waters of any stream system, all persons that claim the right to use the waters must be made parties, and the department shall provide the court a complete hydrographic survey of the stream system. The cost of the sui…

The hydrographic survey fund, a permanent fund, may be used only for the payment of the expenses of the surveys required under section 61-03-17. All claims for services rendered, expenses incurred, or materials or supplies furnished under the direction of the department for the s…

Upon the adjudication of the rights to the use of the waters of a stream system, a certified copy of the decree must be prepared by the clerk of the court at the cost of the parties, and must be filed in the department. The decree must declare the water right adjudged to each par…

The department may confer with the director of the United States geological survey and may accept the cooperation of the United States to execute topographic surveys and maps of this state. The department may arrange with the director or other authorized representative of the Uni…

Every water storage reservoir operator in North Dakota shall cooperate with the department to make all water releases compatible with the best interest of the greatest number of downstream water users and affected landowners. The department may require the reservoir operators to …

When the department is authorized or mandated by law to inspect or investigate an alleged violation of a statute under this title, the department may enter upon land to conduct the inspection or investigation. Except in emergency situations as determined by the department, the de…

If the department determines works are unsafe or unauthorized, the department shall notify the landowners by registered mail at the landowner's last-known post-office address of record. A copy of the notice also must be sent to any tenant, if the department has actual knowledge o…

1. If the department finds that buildings, structures, boat docks, debris, or other manmade objects, except a fence or corral, situated in, on the bed of, or adjacent to waters that have been determined to be navigable by a court are, or are likely to be, a menace to life or prop…

The department of water resources shall develop an economic analysis process for water conveyance projects and flood-related projects expected to cost more than one million dollars, and a life cycle analysis process for municipal water supply projects. When the state water commis…

Any person aggrieved by an action or decision of the department under this title has the right to a hearing. The department must receive a request for a hearing within thirty days after the aggrieved person knew or reasonably should have known of the action or decision. Once a he…

1. In addition to criminal sanctions that may be imposed pursuant to law, a person who violates any provision of this title or any rules adopted under this title may be assessed a civil penalty not to exceed twenty-five thousand dollars for each day the violation occurred and con…

If an applicant for any permit processed by the department has an unresolved administrative order or complaint under this title, the permit may not be processed until the order is complied with or complaint is resolved. At the discretion of the department, the permit may be proce…

The owner of a high-hazard or medium-hazard dam shall develop, periodically test, and update an emergency action plan to be implemented if there is an emergency involving the dam. The emergency action plan and any subsequent updates must be submitted to the department for approva…

1. The water well contractors advisory board is established and consists of: a. The director, or director's designee. b. Three water well contractors, appointed by the governor. c. One geothermal system driller or one monitoring well contractor, appointed by the governor. d. One …

1. A person, partnership, association, corporation, or limited liability company may not engage in the business of constructing a water well in this state unless at all times a certified water well contractor, who is responsible for the proper construction or alteration of a wate…