Title 61 — Waters

The department of water resources may request a line of credit from the Bank of North Dakota not to exceed two hundred sixty million dollars at the prevailing interest rate charged to North Dakota government entities. The department of water resources shall repay the line of cred…

Except for flood control projects authorized by the legislative assembly or the commission before July 1, 2017, the commission shall calculate the amount of its financial assistance, including loans, grants, cost-share, and issuance of bonds, based on the needs for protection of …

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…

Repealed by S.L. 2021, ch. 488, § 225.

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.

Repealed by S.L. 2015, ch. 471, § 4.

Repealed by S.L. 2021, ch. 56, § 15.

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…

Repealed by S.L. 1989, ch. 747, § 1.

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…

Repealed by S.L. 1989, ch. 747, § 1.

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…

Repealed by S.L. 1993, ch. 595, § 2.

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. 61-03-15. Hydrographic surveys and investigations made by the department - Cooperating with federal agencies. The…

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…

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…

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…

Any petitions, applications, surveys, reports, orders, or other documents provided for in this chapter must be filed with the commission in Bismarck, where they must be kept on file under the control of the director of the department of water resources.

In this chapter, unless the context or subject matter otherwise requires: 1. "Adjudicative proceeding" means an appeal under chapter 28-32 of a recommended decision prepared by the director of the department of water resources for a water permit application. 2. "Assignment" means…

A right to appropriate water can be acquired for beneficial use only as provided in this chapter. Beneficial use shall be the basis, the measure, and the limit of the right to the use of water.

Any person, before commencing any construction for the purpose of appropriating waters of the state or before taking waters of the state from any constructed works, shall first secure a water permit from the department of water resources unless the construction or taking from the…

The department of water resources may authorize emergency or temporary use of water for periods not to exceed twelve months if the department determines the use will not be to the detriment of existing rights. The department shall establish by rule a separate procedure for proces…

A permitholder must have a legal interest in each point of diversion identified on the permit. If the permitholder does not have a legal interest in each point of diversion, the department of water resources shall assign the permit, or portion of the permit, as provided in this c…

A permit application to make beneficial use of any waters of the state must be in the form required by the rules established by the department of water resources. The rules must prescribe the form and contents of, and the procedure for filing, the application. The application, al…

An applicant may not apply for a permit or permits for irrigation which, if approved, would enable a person, at any one time, to hold a conditional water permit or permits for more than seven hundred twenty acre-feet [888106.75 cubic meters] of water from a single surface or grou…

The date of receipt of the application provided for in section 61-04-03 in the commission must be noted on the application. If the application is defective as to form, incomplete, or otherwise unsatisfactory, it must be returned with a statement of the corrections, amendments, or…

The following fees must accompany a conditional water permit application and must be paid by the department of water resources into the resources trust fund of the state treasury: 1. For municipal or public use $500 2. For irrigation use $500 3. For industrial use of one acre-foo…

The department of water resources may refund a water permit application fee, upon the request of the applicant, if the application is withdrawn by the applicant, and: 1. The department has not published notice of the application; or 2. The department determines other good and suf…

If the department of water resources determines a conditional water permit application does not meet this chapter's requirements or the rules in North Dakota Administrative Code article 89-03, the department shall reject the application and decline to order the publication of not…

When an application is filed which complies with this chapter and the rules adopted under this chapter, the department of water resources shall instruct the applicant to: 1. Give notice of the application by certified mail in the form prescribed by rule, to all record title owner…

1. Comments regarding a proposed appropriation must be in writing and filed by the date specified by the department of water resources under subsection 5 of section 61-04-05. The comments must state the name and mailing address of the person filing the comments. Comment letters s…

1. The department of water resources shall issue a permit if the department finds all of the following: a. The rights of a prior appropriator will not be unduly affected. b. The proposed means of diversion or construction are adequate. c. The proposed use of water is beneficial. …

When there are competing applications for water from the same source, and the source is insufficient to supply all applicants, the department of water resources shall adhere to the following order of priority: 1. Domestic use. 2. Municipal or public use. 3. Livestock use. 4. Irri…

The department of water resources may issue a conditional water permit for less than the amount of water requested. Except for water permits for incorporated municipalities or rural water systems, the department may not issue a permit for more water than can be beneficially used …

Priority in time gives the superior water right. Priority of a water right acquired under this chapter dates from the filing of an application with the department of water resources, except for water applied to domestic or livestock purposes, or fish, wildlife, and other recreati…

Repealed by S.L. 2019, ch. 508, § 33.

Repealed by S.L. 1977, ch. 569, § 27.