Title 61 — Waters

Channelization, reservoir construction, or diversion other than for agricultural, recreational, or temporary use purposes and the dredging of waters within the confines of the Little Missouri scenic river and all Little Missouri River tributary streams are expressly prohibited. F…

The agriculture commissioner is authorized to adopt rules, pursuant to chapter 28-32, to implement this chapter.

In this chapter, unless the context or subject matter otherwise provides: 1. "Adjacent lands" means lands bordering or within one-fourth mile of the wetland. 2. "Commissioner" means the agriculture commissioner. 3. "Landowner" means the person, including a lessee, who has actual …

The commissioner shall have authority to enter into agreements with landowners for the conservation of wetlands. These agreements shall be entered into for a period of five or ten years, with provision for renewal for additional five-year or ten-year periods. The commissioner sha…

In the agreement between the commissioner and a landowner, the landowner shall agree: 1. To place in the program for the period of the agreement eligible wetland areas, together with such adjacent areas as determined desirable by the commissioner. These wetlands and adjacent area…

In return for the agreement of the landowner, the commissioner shall: 1. Make an annual payment to the landowner for the period of the agreement at the rate determined by the commissioner to be fair and reasonable in consideration of the obligations undertaken by the landowner. I…

Any agreement may be renewed or extended at the end of the agreement period for an additional period of five or ten years by mutual agreement of the commissioner and the landowner, subject to any rate redetermination by the commissioner. If during the agreement period the landown…

The commissioner may terminate or amend any agreement by mutual agreement with the landowner if the commissioner determines that the termination would be in the public interest.

For the purpose and implementation of wetland conservation and development plans as provided in sections 61-31-04 and 61-31-05, the commissioner has authority to enter into agreements with the director of the game and fish department for any assistance which may be appropriate an…

Repealed by S.L. 1993, ch. 609, § 7.

The commissioner is authorized to receive funds for this program from any private or public source, and is also authorized to receive any funds from any North Dakota state agency, which have been specifically authorized for that purpose by the legislative assembly. The commission…

Repealed by S.L. 1995, ch. 599, § 3.

Repealed by S.L. 1995, ch. 599, § 3.

Any person, before draining a pond, slough, lake, or sheetwater, or any series thereof, which has a watershed area comprising eighty acres [32.37 hectares] or more, shall first secure a permit to do so. The permit application must be submitted to the department of water resources…

1. Installation of a subsurface water management system comprising eighty acres [32.37 hectares] of land area or more requires a permit. A person that violates this section is guilty of an infraction. Subsurface water management systems that use surface intakes or lift stations m…

Repealed by S.L. 1995, ch. 599, § 3.

Repealed by S.L. 1995, ch. 599, § 3.

Repealed by S.L. 1995, ch. 599, § 3. 61-32-07. Closing a noncomplying drain - Notice and hearing - Appeal - Injunction - Frivolous complaints. 1. Only a landowner experiencing flooding or adverse effects from an unauthorized drain constructed before January 1, 1975, may file a co…

Repealed by S.L. 1995, ch. 599, § 3.

The wetland replacement requirements of sections 61-32-01 through 61-32-11 do not apply to surface coal mining operations until reclamation of the wetland area begins pursuant to chapter 38-14.1.

Repealed by S.L. 1995, ch. 599, § 3.

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…

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…

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 …

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…

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.

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…

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…

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…

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…

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…

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…

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…

In this chapter, unless the context otherwise requires: 1. "Commission" means the state water commission. 2. "Program" means the drought disaster livestock water assistance program.

The commission shall administer the program for the purpose of providing relief for livestock water supply problems caused by drought.

The commission shall appoint an advisory committee of at least three members. The committee shall advise the commission in determining the criteria for eligibility, in defining expenses covered by the program, and in developing rules.

Applicants with livestock water supply problems caused by drought may apply for assistance from the program. The department of water resources shall review all applications received by the commission. Notwithstanding any other provision of law, a water supply project commenced af…

As used in this chapter: 1. "Auditor" means the county auditor. 2. "Benefit unit" means the fee each member pays, for each service that is planned to be connected to the water system, for the privilege of using the district's facilities. 3. "Board" means the board of directors of…

A petition may at any time be filed with the department of water resources requesting the department to organize a district encompassing an area in one county or in two or more adjacent counties for the purpose of providing an adequate supply of water for the residents of the are…

The petition must be signed by the owners of at least fifty percent of all real property lying within the outside perimeter of the area designated for inclusion in the proposed district and must state: 1. The location of the area, describing the area to be served or specifying th…

When a petition for the organization of a district is filed with the department of water resources, the department shall fix a time for a hearing on the petition not less than fifteen nor more than forty-five days after the filing of the petition. The department shall prepare a n…

The notice prepared by the department of water resources must set forth: 1. The location of the area designated by the petitioners to be included in the proposed district, as described or shown by the original petition. 2. The time and place fixed by the department of water resou…

At the hearing on the petition, any owner or tenant of real property or other interested person within the boundaries of the area described in the petition may appear, in person or by a designated representative, and any representative of the state or a political subdivision or a…

After the hearing, the department of water resources may strike off any part of the territory that testimony shows will not be benefited by the creation of the district. If the department does not find that the district is reasonably necessary, the department shall dismiss the pe…

As a part of the order organizing the district, the department of water resources shall fix the time and place at which the members shall meet to select from their number a board of directors. Selection of the initial board may not be later than thirty days after the order is iss…

Within thirty days after election of the original board, proposed bylaws must be submitted for adoption at a special meeting of members of the district, written notice of which must be mailed to each member. Members present at the special meeting may adopt or amend any of the pro…

1. The initial board of each district shall divide its members by lot into three classes of as nearly equal size as possible. The terms of the directors in the first, second, and third classes expire on dates of the annual meetings in the first, second, and third years, respectiv…

If the board, at any time, deems the bond of a contractor insufficient either in form or as to sureties, it may require the successful bidder or contractor to furnish, within such reasonable time as the board may fix, a new bond to be approved by the board. If the contractor fail…

All contracts entered into for any work provided for in this chapter must be entered into in the name of the district and must be executed on the part of the district by the president and countersigned by the secretary. After the contract is signed by the contractor, it must be f…

A contract let under this chapter requires the work to be done pursuant to the plans and specifications on file in the office of the district, subject to the approval of the engineer acting for the district, and must provide: 1. That the board has the right to suspend the work at…