Title 61 — Waters

If the department of water resources determines an application or any portion of an application does not meet the criteria prescribed in section 61-04-06 for any reason other than sufficient information or data is lacking to allow for sound decisionmaking of the impacts of the pr…

If the department of water resources determines an application or any portion of an application does not meet the criteria prescribed in section 61-04-06 because sufficient information or data is lacking to allow for sound decisionmaking of the impacts of the proposed diversion o…

After the permit's beneficial use date, or upon notice from the permitholder that water has been applied to a beneficial use, the department of water resources shall notify the conditional water permitholder and inspect the works. The inspection must determine the safety, efficie…

If the department of water resources, in the course of the department's duties, finds any works used for the storage, diversion, or carriage of water are unsafe and a menace to life or property, the department shall notify the owner or the owner's agent, specifying the changes ne…

Any person using works for the storage, diversion, or carriage of water after an inspection of the works by the department of water resources and receipt of notice from the department that the works are unsafe for the purpose for which the works are used and before the receipt of…

Repealed by S.L. 1965, ch. 447, § 24.

The department of water resources may extend the time for the application of water to the beneficial use cited in the conditional water permit for good cause shown. When the time has expired, the department may renew and extend the time upon application. However, a conditional wa…

Any conditional or perfected water permit may be assigned only upon approval by the department of water resources. Upon reasonable proof the assignment can be made without detriment to existing rights, the department shall assign the water permit without losing priority of any ri…

Repealed by S.L. 2019, ch. 508, § 33.

A permitholder may add a point of diversion to a conditional or perfected permit without affecting the priority date, if approved by the department of water resources. Applications to add a point of diversion must be processed and evaluated in the same manner as a conditional wat…

A permitholder may transfer acres approved for irrigation on a conditional or perfected water permit to any tract of land owned or leased by the permitholder without affecting the priority date, if approved by the department of water resources. The department shall cause the wate…

1. A permitholder may change the purpose of use of a conditional or perfected water permit without affecting the priority date, if approved by the department of water resources. 2. An application to change the purpose of use must be processed and evaluated in the same manner as a…

Repealed by S.L. 1977, ch. 569, § 27. 61-04-17. Surplus water to be delivered to persons entitled to beneficial use - Charges - Compelling delivery. Repealed by S.L. 2019, ch. 508, § 33.

Repealed by S.L. 1963, ch. 419, § 7.

Repealed by S.L. 1963, ch. 419, § 7.

Repealed by S.L. 1963, ch. 419, § 7.

Repealed by S.L. 1963, ch. 419, § 7.

Repealed by S.L. 2019, ch. 508, § 33.

Any appropriation of water must be for a beneficial use, and when the appropriator fails to apply it to the beneficial use cited in the permit or ceases to use it for the beneficial use cited in the permit for three successive years, unless the failure or cessation of use has bee…

1. If it appears any water appropriation or portion of an appropriation has not been used for a beneficial use, or having been so used at one time has ceased to be used for that purpose for more than three successive years, unless the failure or cessation of use is due to the una…

Comments regarding the proposed cancellation must be in writing and filed by the date specified by the department. The comments must state the name and mailing address of the person filing the comments. Comment letters submitted electronically must state the name and mailing addr…

If no comments are submitted by the date specified by the department, the water permit or portion of the water permit must be canceled. If comments are received, the department shall consider all written comments and issue a final decision. The final decision must be mailed to th…

A water permit may be recorded as any other instrument affecting the title to real property without acknowledgment or further proof. The order canceling a water right or portion of a water right must be filed by the department of water resources with the county recorder where the…

Upon proof satisfactory to the department of water resources that a water permit application or water permit contains a nonmaterial error, the department, by written notice to the holder of the affected water permit or application, may correct the error without publication of not…

The department of water resources has full power and authority to institute, maintain, and prosecute to determination in an administrative proceeding or any of the courts of this state, or in any of the federal courts, any and all actions, suits, and special proceedings that may …

A person who constructs works for an appropriation, or diverts, impounds, withdraws, or uses a significant amount of water from any source without a permit specifically authorizing such action, except as otherwise provided in section 61-04-02; who violates an order of the departm…

1. Whenever it appears necessary to the department of water resources, or when directed by the commission, the department may reserve and set aside waters by regulation for beneficial use in the future. a. Before the adoption of a regulation under this section, the department sha…

If a court of competent jurisdiction determines that a water supply has been illegally diminished in quantity or quality and that a valid water right to use that supply has been damaged as a result of the diminishment, damages awarded to the owner of the water right shall be an a…

A federal agency that enters into discussions with an entity relating to a water storage contract from a reservoir partially or wholly located within the state shall provide the department of water resources with a sixty-day notice once the discussions begin. Communications regar…

As used in this chapter and in succeeding chapters dealing with irrigation districts: 1. "Board" means the board of directors of any irrigation district. 2. "Elector" means any landowner owning not less than five acres [2.02 hectares] of land whose land will be or is subject to a…

Whenever a majority of the electors within an area containing eighty acres [32.37 hectares] or more of land, susceptible of irrigation, desire to provide for the irrigation of such land, they may propose the organization of an irrigation district under the provisions of this chap…

Notwithstanding section 61-05-02, an irrigation district may not be created if the primary purpose of the district is to provide drainage benefits to residents of the district. A drainage project proposed, undertaken, approved, or subject to assessment by an irrigation district a…

Any elector owning twenty acres [8.09 hectares] or less but not less than five acres [2.02 hectares], subject to assessments for construction or other costs within a proposed or existing district, shall have one vote. Any elector owning more than twenty acres [8.09 hectares] subj…

A guardian, executor, administrator, or trustee shall present to and file with the clerk of the irrigation district election board a certified copy of the person's or corporation's letters of guardianship, letters testamentary, or letters of administration, or of the instrument c…

Where lands within a proposed or existing irrigation district are owned by co-owners only, such co-owners who are residents of this state may vote their respective interest personally, or such co-owners by an instrument in writing, may designate one of their number as agent to ca…

The petition provided for in section 61-05-07 must be accompanied by a map or maps of the proposed district. The map must show the location of the proposed conveyance systems and other works intended to be used to irrigate the lands of the proposed district. If the water supply i…

If the department of water resources determines the plan of irrigation proposed is not practicable or not economically sound, the department shall make an order denying the petition for the organization of an irrigation district and shall state the reasons for the action. A copy …

Upon making an order establishing an irrigation district, the department of water resources shall give notice of an election to be held in the district to determine whether the electors of the district approve the establishment and organization of the irrigation district. The not…

The notice of election provided for in section 61-05-14 must be substantially in the following form: NOTICE OF ELECTION Notice is given that on __________, ____, an election will be held for the purpose of submitting to the electors within the territory established and described …

Nothing contained in this chapter shall be construed as impairing, invalidating, or in any manner affecting the validity of acts or proceedings of irrigation districts organized pursuant to the provisions of chapter 38 of the Code of Civil Procedure of the Supplement to the Compi…

If an irrigation district contains less than twenty thousand irrigable acres [8093.72 irrigable hectares] of land and is not divided into precincts or divisions, the board of directors consists of five directors who must be residents of the state and electors of the district and …

The directors elected subsequent to the organization of the district shall assume the duties of their office the first Tuesday in April after their election and shall hold office until their successors are elected and qualified.

After receiving a certificate of election each director shall take the oath prescribed for civil officers, and shall be bonded in the sum of one thousand dollars. The oath of office and bond must be filed in the office of the department of water resources.

The directors elected at the first election in an irrigation district shall meet at the time and place designated by the department of water resources and organize by selecting one of their members as chairman of the board. A temporary secretary must be designated until a permane…

All official bonds provided for in this chapter shall be in the form prescribed by law for official bonds of county officers except that the obligee named in such bond shall be the irrigation district. 61-06-08. Officers or employees bonded in state bonding fund - Assessment paym…

The regular election of irrigation districts must be held on the second Tuesday in February in each even-numbered year. The board of directors of an irrigation district may hold a regular or special election by mail ballot. If the board determines to hold an election by mail ball…

Within thirty-five days of, but at least twenty-five days before, any regular or special election held in an irrigation district, the secretary of the board of directors shall publish a notice of the election in the newspaper or newspapers of general circulation where the distric…

Any person desiring to be a candidate at an irrigation district election shall file that person's name with the secretary of the board not less than twenty days before the election. The secretary shall contact each candidate for the purpose of verifying the candidate's willingnes…

1. At least fifteen days before an election in an irrigation district, the secretary shall prepare and have printed an official ballot containing the names of all candidates which have been filed with the secretary. The ballot must: a. Be headed "Official Ballot"; b. Contain all …

If the election is not held by mail ballot, the polls must be open at one p.m. of the election day and must be kept open until five p.m. of the same day.