Title 61 — Waters
57 chapters · 825 sections in this title.
N.D.C.C. § 61-33-01 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Board" means the sovereign lands advisory board. 2. "Board of university and school lands" means that entity created by section 15-01-01. 3. "Navigable waters" means waters that were in fact navigable at the time…
N.D.C.C. § 61-33-01.1 Ordinary high water mark determination - Factors to be considered
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The department of water resources shall maintain ordinary high water mark delineation guidelines consistent with this section. 1. When determining the ordinary high water mark for delineating the boundary of sovereign lands, vegetation and soils analysis must be considered the pr…
N.D.C.C. § 61-33-02 Administration of sovereign lands
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All sovereign lands of the state must be administered by the department of water resources and the board of university and school lands subject to the provisions of this chapter. Lands managed pursuant to this chapter are not subject to leasing provisions found elsewhere in this …
N.D.C.C. § 61-33-03 Transfer of possessory interests in real property
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All possessory interests now owned or that may be acquired except oil, gas, and related hydrocarbons, in the sovereign lands of the state owned or controlled by the state or any of its officers, departments, or the Bank of North Dakota, together with any future increments, are tr…
N.D.C.C. § 61-33-04 Existing contracts and encumbrances recognized
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The transfers made by this chapter are subject to all existing contracts, rights, easements, and encumbrances made or sanctioned by the state or any of its officers or departments.
N.D.C.C. § 61-33-05 Duties and powers of the department of water resources
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The department of water resources shall manage, operate, and supervise all properties transferred to it by this chapter; may enter into any agreements regarding the property; may enforce all rights of the owner in its own name; may issue and enforce administrative orders and reco…
N.D.C.C. § 61-33-05.1 Navigability determinations
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1. Before making a determination that a body of water or portion of a body of water is navigable, the department of water resources shall: a. Develop and deliver to the state water commission a preliminary finding regarding the navigability of the body of water or portion of a bo…
N.D.C.C. § 61-33-06 Duties and powers of the board of university and school lands
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The board of university and school lands shall manage, operate, and supervise all properties transferred to it by this chapter; may enter into any agreements regarding such property; may enforce all subsurface rights of the owner in its own name; and may make and execute all inst…
N.D.C.C. § 61-33-07 Deposit of income
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All income derived from the lease and management of the lands acquired by the department of water resources and board of university and school lands pursuant to this chapter and not belonging to other trust funds must be deposited in the strategic investment and improvements fund…
N.D.C.C. § 61-33-08 Advisory board - Responsibilities
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There is created a sovereign lands advisory board. The board's responsibility is to advise the department of water resources and the board of university and school lands on general policies as well as specific projects, programs, and uses regarding sovereign lands. The board, bei…
N.D.C.C. § 61-33-09 Members of the board - Organization - Meetings
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1. The board consists of the manager of the Garrison Diversion Conservancy District, the director of the department of water resources, the commissioner of university and school lands, the director of the parks and recreation department, the director of the game and fish departme…
N.D.C.C. § 61-33-10 Penalty
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A person who violates this chapter or any rule implementing this chapter is guilty of a class B misdemeanor unless a lesser penalty is indicated. A civil penalty may be imposed by a court in a civil proceeding or by the department of water resources through an adjudicative procee…