Title 61 — Waters
57 chapters · 825 sections in this title.
N.D.C.C. § 61-14-01 Units of measurement
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The standard of measurement for the flow and volume of water shall be established by rule by the department of water resources.
N.D.C.C. § 61-14-02 Unused water reverts to public
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Repealed by S.L. 1963, ch. 417, § 26.
N.D.C.C. § 61-14-03 Amount of water for irrigation
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When issuing a permit to appropriate water for irrigation or adjudicating the rights to use water for irrigation, the department of water resources may not allow more than two acre-feet [2466.96 cubic meters] of water per acre [.40 hectare] per year, or the equivalent, to be deli…
N.D.C.C. § 61-14-04 Water appurtenant to land for irrigation purposes
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Repealed by S.L. 1963, ch. 417, § 26.
N.D.C.C. § 61-14-05 Change of use or place of diversion
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Repealed by S.L. 1977, ch. 569, § 27.
N.D.C.C. § 61-14-06 Measuring devices - Unlawful to take water without using
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Every ditch owner shall construct and maintain a substantial headgate at the point where the water is diverted and shall construct a measuring device, of a design approved by the department of water resources, at the most practicable point for measuring and apportioning the water…
N.D.C.C. § 61-14-07 Unlawful interference with rights to use of water - Penalty
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Any person interfering with or injuring or destroying any headgate, weir, benchmark, well, or other appliance or works for the appropriation, diversion, storage, apportionment, or measurement of water, or for any hydrographic or hydrologic surveys, or interfering with any person …
N.D.C.C. § 61-14-08 Unlawful use of water and waste - Penalty
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The unauthorized use of water to which another person is entitled, or the willful waste of water to the detriment of another, shall be unlawful. It also shall be unlawful to begin or carry on any construction of works for storing or carrying water until after the issuance of a pe…
N.D.C.C. § 61-14-09 Bridges over ditches or canals - Penalty
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The owner of any ditch, canal, or other structure for storing or carrying water shall construct and maintain a bridge where the same crosses any highway or publicly traveled road, in accordance with the requirements of the state agency or political subdivision which has control o…
N.D.C.C. § 61-14-10 Obstructing works unlawful
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Whenever any appropriator of water has the right of way for the storage, diversion, or carriage of water, it shall be unlawful to place or maintain any obstruction which shall interfere with the use of the works or prevent convenient access thereto.
N.D.C.C. § 61-14-11 Penalty
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If no penalty is provided specifically, any violation of the provisions of this chapter, declared herein to be unlawful, shall be a class B misdemeanor.
N.D.C.C. § 61-14-12 Liens on land
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All liens on land, provided for in chapter 61-09, shall be superior in right to all mortgages or other encumbrances placed upon the land and the water appurtenant thereto or used in connection therewith.
N.D.C.C. § 61-14-13 Seepage water
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A person wishing to use seepage water from a constructed works shall apply to the department of water resources for the use in the same manner as applying for a permit to use unappropriated water and shall pay to the owner of the works a reasonable charge for the storage or carri…
N.D.C.C. § 61-14-14 Disposition of state lands
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No lands belonging to the state, within the areas to be irrigated from works constructed or controlled by the United States, or its duly authorized agencies, shall be sold except in conformity with the classification of farm units by the United States, and the title to such lands…
N.D.C.C. § 61-14-15 Unauthorized diversion of water from irrigation ditches
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It is unlawful for any person to divert any of the water from any irrigation works in this state without first having obtained the permission of the owner of the works or of the person or persons lawfully in charge thereof.
N.D.C.C. § 61-14-16 Willfully allowing water to flow or fall upon roadway prohibited - Penalty
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No person may place, erect, or operate a sprinkler irrigation system, center pivot irrigation system, or other irrigation works or equipment upon or across any highway, street, or road or in such a manner as to willfully allow water from the irrigation works or equipment to flow …