reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-09.9 - Time for determination by the director - Copies of decision

Current through Supplement No. 393, July, 2024
Unless the director determines the hearing raises complex or
				  unique issues, the director must render a decision within thirty days of the
				  close of the hearing. A copy of the decision must be served on all parties of
				  record either personally, or by certified mail, regular mail, or email. The
				  department will retain a certificate of service indicating upon whom a copy of
				  the decision was served.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-03-22
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-09.10 - Consideration of evidence not contained in the department's record

Current through Supplement No. 393, July, 2024
The record of the department's hearing must be closed at the
				  conclusion of the department's formal hearing. It is in the director's
				  discretion to receive testimony and evidence not contained in the record.
				  However, before considering any evidence not contained in the record, the
				  department must provide notice to the parties of record where the evidence may
				  be obtained for their examination and comment. Written comment or a request for
				  a supplemental hearing must be submitted to the department within ten days
				  after transmittal of the additional evidence. Any request for a supplemental
				  hearing must provide sufficient information to allow the director to determine
				  if a supplemental hearing is warranted. If a supplemental hearing is warranted,
				  ten days' notice by personal service, certified mail, or email must be given to
				  the parties of record to inform them of the date, time, place, and nature of
				  the hearing. All supplemental hearings must be held in Bismarck.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-03-22
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-09.11 - Conditions to permits

Current through Supplement No. 393, July, 2024
Unless otherwise specifically stated:
1. All permits must include the following
				conditions:
a. The project and the rights
				granted under the permit are subject to modification to protect the public
				health, safety, and welfare.
b.
				Construction must be completed within two years from the date of final approval
				or the permit is void. The two-year period does not begin until any appeal is
				complete.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-09.12 - Extending time to complete construction of drain

Current through Supplement No. 393, July, 2024
If the two-year period expires before construction is
				  complete, the permit recipient may make a written request to the board for a
				  one-year extension. Only two extensions may be granted. All requests for
				  extensions must be made at least sixty days before the expiration date and must
				  specifically state why construction has not been completed. If the request is
				  for an extension relating to a permit of statewide or interdistrict
				  significance, the extension must be submitted to and approved by both the
				  director and the board.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-10 - District hearing on applications of statewide or interdistrict significance [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-14 - Affidavit of mailing and affidavit of notice [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-18.1 - Notice by state engineer of public hearing on application of statewide or interdistrict significance [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-18.2 - Evidence presented at the state engineer's public hearing [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-19 - Consideration by state engineer of applications of statewide or interdistrict significance [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-20 - Criteria to determine whether drainage will adversely affect lands of lower landowners [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-20.2 - Consideration of evidence not contained in the record [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-26 - Ditches or drains existing for ten years or more [Repealed]

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-01 - Drainage of Ponds, Sloughs, Lakes, or Sheetwater, or Any Series Thereof › Section 89-02-01-28 - Landowner assessment appeal to department

Current through Supplement No. 393, July, 2024
A landowner's appeal to the department claiming that the
				  landowner will receive no benefit from the construction of a new drain must be
				  made within ten days after the assessment hearing. The appeal must be in
				  writing and must specifically state the facts upon which the claim is
				  based.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-03-22,
					 61-21-22
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-01 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter contains the procedure for appealing the
				  decision of a water resource board on a complaint of drainage constructed
				  without proper approval.
General Authority:
NDCC 28-32-02
Law Implemented:
NDCC
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-02 - Definitions

Current through Supplement No. 393, July, 2024
Unless the context otherwise provides, the following
				  definitions apply:
1. "Affected
				landowner" means a person with any property interest, including a lease in land
				where the drain complained of is located or land that is affected by the drain
				complained of.
2. "Aggrieved party"
				means any individual or entity who participated in the department's or board's
				consideration of an appeal and who is actually damaged by the board's or
				director's decision.
3. "Appeal"
				means an appeal from the decision of a board concerning a drain
				constructed.
4. "Board" means the
				board of the water resource district in which the complaint is
				brought.
5. "Complaint" is a
				document which alleges drainage has been conducted without proper
				authorization. It is filed on a form supplied to the water resource board by
				the department.
6. "Party" includes
				the petitioner and any respondent, the board from which the decision is
				appealed, and any entity or individual that participated in the complaint
				process in front of the board. The designation as a party does not bestow
				standing to appeal a decision of the board to the department or the decision of
				the director to a court of law.
7.
				"Petitioner" means any aggrieved party who files a timely and proper appeal, or
				an affected landowner who files a timely and proper demand for hearing with the
				department.
8. "Respondent" is a
				person who, within twenty days of notice of an appeal of a board's decision on
				a drainage complaint, files a notice with the department of the person's intent
				to participate in the appeal. The person who filed the complaint, and the
				person against whom the complaint was filed, must be either a respondent or a
				petitioner. These persons and the board must be allowed to participate whether
				or not any notice of participation is filed with the department. A person may
				not be a respondent to an appeal of a board's decision unless the person
				participated by providing information to the board for its
				consideration.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-03 - Filing of complaint

Current through Supplement No. 393, July, 2024
All complaints are filed with the water resource board in the
				  county where the drainage is located. Complaints filed with the department will
				  be forwarded to the appropriate board, unless the complaint is filed because of
				  the board's inaction on a complaint under section
				  89-02-04-04.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-04 - Complaint to department - Director's action when board fails to act

Current through Supplement No. 393, July, 2024
If a board does not make a decision upon a drainage complaint
				  within one hundred twenty days of its filing with the board, the person filing
				  the complaint with the board may file a request for director action with the
				  department. The request must include a copy of the complaint filed with the
				  board and any documentation the landowner wishes the department to consider.
				  The director must then determine whether to commence action against the board
				  or conduct an investigation.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-05 - Form of appeal

Current through Supplement No. 393, July, 2024
If a board makes a decision on a drainage complaint, any
				  appeal to the department by an aggrieved party must be made within thirty days
				  from the date notice of the board's decision was received in writing on the
				  form prescribed by the department, and must include:
1. The identity of all parties to the
				complaint.
2. Petitioner's interest
				in the water resource board's decision, including a statement of the impact the
				decision will have upon the petitioner.
3. The relief petitioner seeks.
4. A statement identifying the errors in the
				water resource board's decision that entitle the petitioner to the relief
				sought.
5. All facts presented to
				the water resource board that support the petitioner's position.
6. A legal description of the drainage area
				involved.
7. A map depicting the
				drainage area and identifying the drainage complained of.
8. A cashier's check to cover the cost of
				preparing a transcript of the proceedings before the board.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-06 - Department's review of board's decision

Current through Supplement No. 393, July, 2024
Upon receipt of an appeal on a form provided by the
				  department by an aggrieved party from a decision of a water resource district
				  under North Dakota Century Code section 61-32-07, the department must review
				  the board's decision. In the review, the department will consider only:
1. Ownership of the land on which the drain
				is located.
2. Topographic maps and
				aerial photographs of the area.
3.
				Any existing surveys of the area.
4. The documentation and testimony given to
				the board for its consideration.
5.
				Any pertinent rules of the appropriate board.
6. The board's decision.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-07 - Sufficiency of information on appeal

Current through Supplement No. 393, July, 2024
1. Once the
				department's review under section
				89-02-04-06 is complete, the
				department will determine whether the information reviewed is sufficient to
				make a sound decision.
2. If the
				information is not sufficient, the department will either conduct further
				investigations or return the record to the board for its further
				investigation.
3. If the
				information is sufficient, the director must determine whether a drain, lateral
				drain, or ditch has been opened or established contrary to North Dakota Century
				Code title 61 or any rules adopted by the department or the board. If so, the
				director will take one of the three actions set forth in North Dakota Century
				Code section 61-32-08. If the drain has not been opened contrary to North
				Dakota Century Code title 61 or a drainage rule, the complaint will be
				dismissed. In either case the department will notify all parties of the
				director's decision. The notice of decision will include the names and
				addresses of all parties.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-08 - Department's independent investigation

Current through Supplement No. 393, July, 2024
After reviewing the board's decision and the items identified
				  in section
				  89-02-04-06, the department may
				  conduct an investigation if the information is insufficient. The investigation
				  may include an onsite inspection and survey of the property involved and other
				  activities deemed appropriate by the department. Any investigation the
				  department undertakes in response to a complaint filed with the department
				  because a board has not acted will be conducted under this rule.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-09 - Demand for hearing by affected landowner

Current through Supplement No. 393, July, 2024
Hearings demanded under North Dakota Century Code section
				  61-32-08 by an affected landowner must be made within fifteen days of notice of
				  the director's decision. The affected landowner must also notify all parties of
				  the landowner's demand for hearing within fifteen days of the director's
				  decision. Hearings will be conducted as set forth in sections
				  89-02-04-11 through
				  89-02-04-23. The demand must state
				  the issues to be addressed at the hearing.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-10 - Request for hearing by others than affected landowners

Current through Supplement No. 393, July, 2024
Any aggrieved party may request a hearing on the director's
				  decision. A request for a hearing must specifically state the reason for the
				  request, and a copy of the request must be sent to the department and to each
				  party within fifteen days after notice of the director's decision. If granted,
				  the hearing must be conducted as set forth in sections
				  89-02-04-11 through
				  89-02-04-23.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-03-22,
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-11 - Appointment of hearing officer

Current through Supplement No. 393, July, 2024
Upon receipt of an appeal or demand for a hearing, the
				  director will appoint a hearing officer to:
1. Determine if the appeal is timely and
				proper.
2. Preside over the
				hearing.
3. Administer the
				prehearing activities.
4. Prepare a
				recommended decision.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-03-22,
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-12 - Purpose of hearing

Current through Supplement No. 393, July, 2024
If the hearing officer determines a hearing should be held,
				  one will be conducted to:
1. Obtain
				further testimony from the parties.
2. Allow the department to examine other
				witnesses and evidence.
3. Provide
				the parties with an opportunity to cross-examine witnesses called by the
				department.
4. Allow the parties to
				call other witnesses to present evidence.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-03-22,
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-13 - Qualifications of witnesses at department's hearings

Current through Supplement No. 393, July, 2024
Unless agreed to by both petitioner and respondent and
				  allowed by the hearing officer, people who failed to participate in the water
				  resource board's determination under North Dakota Century Code section 61-32-07
				  may not be called to present evidence or testimony for consideration. However,
				  the department may call witnesses on the department's own motion without the
				  agreement of any party if the department feels information known by the person
				  will assist the hearing officer in making a recommended decision.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-03-22,
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-14 - Notice of hearing

Current through Supplement No. 393, July, 2024
When the hearing officer determines a date for a hearing, the
				  hearing officer will notify the water resource board, the petitioner, and the
				  respondent of the time and date of the hearing. In the case of a demand by an
				  affected landowner under section
				  89-02-04-09, the hearing officer
				  must give the notice of the hearing date within fifteen days of the demand. The
				  notice must be given at least forty-five days before the date set for the
				  hearing. All hearings will be held in Bismarck, North Dakota.
The notice must state that parties may present testimony at
				  the hearing, petitioner and respondent may call witnesses at the hearing, and
				  of the hearing officer's appointment as hearing officer. The notice must also
				  state that each party must identify the position it is urging the director to
				  adopt. Those urging the director's decision should be affirmed must be
				  designated respondents. Those urging reversal or modification of the director's
				  decision must be designated petitioners.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-03-22,
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-15 - Issues limited to those contained in notice

Current through Supplement No. 393, July, 2024
The notice of hearing will identify the issues to be
				  addressed and identified in the demand or the request for a hearing. Evidence
				  and testimony at the hearing will be limited to the issues set forth in the
				  notice of hearing.
General Authority: NDCC 28-32-02, 61-03-13
Law Implemented: NDCC 28-32-08, 61-03-22,
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-16 - Notice of witnesses at hearing - Time frame

Current through Supplement No. 393, July, 2024
At least thirty days before the date set for the hearing, the
				  petitioner must notify other parties, the board, the department, and the
				  hearing officer of all witnesses the petitioner will call and the content of
				  their testimony. At least thirty days before the date set for the hearing, the
				  respondent must notify other parties, the board, the department, and the
				  hearing officer of witnesses to be called by the respondent and the content of
				  their testimony. Within twenty days of the date of the hearing, the petitioner
				  must notify the parties, the board, the department, and the hearing officer of
				  any rebuttal witnesses to be called and the content of their testimony. At
				  least forty-five days before the date set for the hearing, the parties may
				  agree to and submit an alternative scheduling order, as approved by the hearing
				  officer. The department must notify the parties, the board, and the hearing
				  officer of any witnesses the department intends to call in the notice of
				  hearing. However, if testimony or evidence not provided to the board and not
				  considered in the director's determination will be presented by others, the
				  failure of the department to identify a witness should not preclude the
				  department from providing other testimony and evidence of a technical
				  nature.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-03-22,
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-17 - Subpoena of witnesses

Current through Supplement No. 393, July, 2024
If any party desires the hearing officer to subpoena any
				  witness for attendance at the hearing, the hearing officer must be notified of
				  the intent to subpoena the witness at least seven days before the date of the
				  hearing. The hearing officer may not subpoena a witness unless the request for
				  a subpoena:
1. Is written.
2. States the subject matter of the testimony
				to be given.
3. States the time and
				date that the witness is to appear.
4. Is accompanied by a certified check for
				the fees allowed by law for one day for the witness. The fees allowed by law
				include mileage to and from the hearing, per diem, and in the case of the
				department's staff, the salary for that individual.
General Authority:
NDCC 61-03-05(13),
					 61-03-13
Law Implemented:
NDCC 61-03-05,
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-18 - Prehearing conference

Current through Supplement No. 393, July, 2024
A prehearing conference to clarify issues, resolve any
				  conflicts, and stipulate to any matter will be held at least seven days before
				  the date of the hearing. At the conference the parties must provide sufficient
				  copies of exhibits to be presented to all parties, the board, the department,
				  and the hearing officer. The hearing officer may allow the prehearing
				  conference to be held by telephone if exhibits are provided to all parties, the
				  board, the department, and the hearing officer at least three days before the
				  prehearing conference.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-03-22,
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-19 - Order of presentation at hearing

Current through Supplement No. 393, July, 2024
At the hearing the petitioner must present the petitioner's
				  case first. The respondent then presents the respondent's case, followed by the
				  board and the department. After all participants have presented their case, a
				  participant may present other evidence or testimony to rebut that presented by
				  another participant.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-03-22,
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-20 - Cross-examination

Current through Supplement No. 393, July, 2024
Oral cross-examination of adverse witnesses will be allowed
				  by the petitioner and the respondent. The petitioner and respondent must
				  designate one individual to cross-examine witnesses that side did not call. In
				  addition, the department and the board may cross-examine any witnesses they did
				  not call. However, if a party demonstrates to the hearing officer that the
				  party's position is not adequately represented by any other party it may be
				  allowed to cross-examine witnesses on the party's own.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-03-22,
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-21 - Record of hearing - Consideration by hearing officer

Current through Supplement No. 393, July, 2024
After the hearing is over the record will be closed. The
				  hearing officer will consider only material contained in the record and will
				  not accept and consider any information after the hearing unless the evidence
				  was not provided at the hearing because of circumstances beyond the control of
				  the party presenting the evidence. Information submitted after the hearing may
				  be considered by the director in making the director's decision, but only under
				  North Dakota Century Code section 28-32-25.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-22 - Recommendation of hearing officer

Current through Supplement No. 393, July, 2024
After the hearing officer completes the consideration
				  required under section
				  89-02-04-20, a written
				  recommendation must be made to the director.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-04 - Drainage Complaint Appeals › Section 89-02-04-23 - Decision of director on record of hearing

Current through Supplement No. 393, July, 2024
The director will review the record, the hearing officer's
				  recommendation, and any additional evidence received under North Dakota Century
				  Code section 28-32-25, and make a final determination. If the conclusion is the
				  drain, lateral drain, or ditch was constructed contrary to a board rule or
				  title 61, the director will take one of the actions prescribed by North Dakota
				  Century Code section 61-32-08.
If the report concludes the drain, lateral drain, or ditch
				  was lawfully constructed, the complaint will be dismissed.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-05.1 - Emergency Drain Permits › Section 89-02-05.1-03 - Permit to be temporary

Current through Supplement No. 393, July, 2024
Emergency drain permits received under this chapter are only
				  valid for six months plus any valid extensions.
General Authority:
NDCC 28-32-02,
					 61-03-13
Law Implemented:
NDCC
					 61-32-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-05.1 - Emergency Drain Permits › Section 89-02-05.1-05 - Application form

Current through Supplement No. 393, July, 2024
An emergency drain permit application must be written and
				  include:
1. Landowner's name and
				address.
2. Legal description of
				land where the emergency drain will be located.
3. A map showing the drain
				location.
4. An estimate of the
				surface acreage of the pond, slough, lake, sheetwater, or any series thereof
				and the volume of water to be drained by the emergency drain.
5. A list of all downstream adjacent
				landowners for a distance of one mile [1.6 kilometers] from the discharge
				point, along with the addresses and telephone numbers of these
				landowners.
6. Copies of any
				written permission received from downstream landowners.
7. A compilation of any written or oral
				permission and refusals from downstream landowners.
8. A description of the emergency.
9. Written permission allowing the department
				and board to inspect the drain.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-05.1 - Emergency Drain Permits › Section 89-02-05.1-06 - Consideration of permit application

Current through Supplement No. 393, July, 2024
An emergency drain permit application must be sent
				  simultaneously to the board and the department. The application will be
				  reviewed for completeness by the board and the department. The department must
				  make a preliminary determination as to the existence of an emergency. As soon
				  as possible, a meeting among the board, the department, and other affected
				  parties as determined by the department must be held. The applicant or any
				  other affected party may make a statement concerning the emergency drain permit
				  application during the meeting. Any meeting must be electronically recorded.
				  During the meeting, but after all parties have been given an opportunity to
				  present their views, the board must make a recommendation to the department
				  whether the permit should be granted.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-05.1 - Emergency Drain Permits › Section 89-02-05.1-07 - Decision on permit application - Conditions

Current through Supplement No. 393, July, 2024
After completion of the meeting, the director must
				  consider:
1. The written information
				received;
2. The matters
				discussed;
3. The board's
				recommendation; and
4. Whether the
				emergency permit should be granted.
If the permit is granted, the director may place any
				  condition upon it, including a requirement for a bond and that receipt of an
				  emergency drain permit does not relieve an applicant from liability for damages
				  resulting from any activity conducted under the permit.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-05.1 - Emergency Drain Permits › Section 89-02-05.1-08 - Requirement for permanent permit application

Current through Supplement No. 393, July, 2024
If the drain is to be permanent, the applicant must submit a
				  drain permit application to the department under
				  chapter
				  89-02-01. If the
				  application is submitted at least thirty days before the emergency permit
				  expires and the permanent drain has the same alignment as the emergency drain,
				  the director may extend the term of the emergency permit until final action on
				  the drain permit application has been taken. If the watershed of the permanent
				  drain is the same as the emergency drain, but has a different alignment, the
				  emergency drain permit must only be extended under section
				  89-02-05.1-09.1.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-05.1 - Emergency Drain Permits › Section 89-02-05.1-09 - Closure of drain

Current through Supplement No. 393, July, 2024
If a permanent drain permit application is not submitted
				  thirty days before the emergency permit expires, the applicant must immediately
				  prepare to close the drain unless the applicant has applied for an extension
				  under section
				  89-02-05.1-09.1. Preparations must
				  include obtaining any permission or authorizations. Closure of the drain must
				  be completed by the emergency permit expiration date. The applicant must keep
				  the board and the department informed of the applicant's progress in closing
				  the drain. The applicant must notify the board and the department in writing
				  when the emergency drain has been completely closed.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-02 - Drainage of Water › Chapter 89-02-05.1 - Emergency Drain Permits › Section 89-02-05.1-09.1 - Extension of permit

Current through Supplement No. 393, July, 2024
The applicant must submit a written request for an extension
				  at least thirty days before the expiration of the emergency permit. If it is
				  determined that an emergency still exists, the director may issue a one-time,
				  six-month extension to the permit's expiration date. If an emergency continues
				  to exist after the one-time extension, an applicant may reapply under
				  chapter
				  89-02-05.1 for a new
				  emergency drain permit.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-32-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-01 - Conditional water permit application submission

Current through Supplement No. 393, July, 2024
A conditional water permit application must be submitted to
				  the department on the form provided by the department. A map containing the
				  information prescribed by the department must accompany the application. Unless
				  the department first approves another type of map, the map must be prepared
				  from a survey, aerial photograph, or topographic map, and must be certified by
				  a North Dakota-licensed surveyor. The department may require information not
				  requested in the application.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-04-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-01.1 - Priority date

Current through Supplement No. 393, July, 2024
The department must note the receipt date of a properly
				  completed application on the application. Except for water applied to domestic,
				  livestock, or fish, wildlife, and other recreational uses where a water permit
				  is not required, this filing date establishes the application's original
				  priority date, subject to the application's final acceptance and issuance of a
				  perfected water permit by the department. For water applied to domestic,
				  livestock, or fish, wildlife, and other recreational uses where a water permit
				  is not required, the priority date is the date the quantity of water was first
				  used.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-04-04,
					 61-04-06.3
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-01.2 - Land, property, or other interest requirement for conditional water permit

Current through Supplement No. 393, July, 2024
A conditional water permit applicant must have a legal
				  interest where the point of diversion and conveyance system will be located.
				  The applicant must demonstrate to the department's satisfaction that the
				  applicant has the capability to put the water to beneficial use. If the
				  applicant is seeking a permit for irrigation, the applicant must also have a
				  legal interest in the land to be irrigated. If the applicant is seeking a
				  permit to impound water, the applicant must have a legal interest in the
				  property inundated by the impounded water. The department may require
				  additional verification of a property interest demonstrating the capability to
				  put the water to beneficial use.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-04-02.2, 61-04-03,
					 61-04-06
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-01.3 - When a water permit for stored water must be obtained

Current through Supplement No. 393, July, 2024
A water permit may authorize water storage for flood control
				  or other reasons deemed necessary by the department. However, authorization to
				  store water for flood control or other reasons does not create a water right.
				  If stored water will be put to beneficial use, a water permit must be obtained
				  before beneficial use.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-04-01.1, 61-04-01.2,
					 61-04-02
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-01.4 - Amount of water that may be held in storage under a water permit

Current through Supplement No. 393, July, 2024
Unless otherwise authorized by the department, any person
				  authorized to store water, except for flood control, may only fill the
				  reservoir to the amount authorized in the permit once each year. The reservoir
				  will be filled during the first runoff following February first of each year. A
				  consumptive use authorized in the water permit must be taken from the stored
				  water. Unless otherwise authorized by the department and with the exception of
				  water stored for flood control, any inflows to the reservoir after the
				  reservoir has been filled for the year must be allowed to pass through the
				  reservoir.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-04-01.2, 61-04-02,
					 61-04-06.2
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-01.5 - Sale of excess water by an incorporated municipality or rural water system

Current through Supplement No. 393, July, 2024
Any incorporated municipality or rural water system that
				  appropriates water in excess of its current needs under North Dakota Century
				  Code section 61-04-06.2 may sell the excess water provided:
1. The municipality or rural water system is
				supplying all the demands of its residents or members;
2. The agreement for sale of water is
				terminable by the incorporated municipality or rural water system upon six
				months' notice to the purchasing entity; and
3. The agreement for sale is approved by the
				department.
The excess water may not be sold for any use other than that
				  stated in the conditional or perfected water permit. This section does not
				  apply to agreements for the sale of water entered into before November 1,
				  1989.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-02-27,
					 61-04-06.2
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-02

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 28-32-02,
					 61-03-13
Law Implemented:
NDCC
					 61-04-04
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-03 - Application amendment

Current through Supplement No. 393, July, 2024
1. An applicant may
				amend a conditional water permit application. If the department determines the
				amendment is likely to adversely affect another applicant whose application was
				submitted after the application sought to be amended and before the proposed
				amendment, the department must change the priority date of the amended
				application to the date the amendment request was received.
2. A request to amend an application may be
				by letter or by the submission of an amended application form for a conditional
				water permit.
3. If any notice of
				the application has been mailed before the request to amend, the department may
				require the applicant to mail a corrected notice of the application to all
				persons who were sent the original notice and submit an affidavit of service of
				corrected notice to the department. If the notice of the application has been
				published, the department may require a corrected notice to be published. The
				applicant must pay publication costs.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-04-04
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-03.1

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 28-32-02, 61-03-13
Law Implemented:
NDCC 61-04-03, 61-04-04,
					 61-04-15
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-03.2 - Application assignment

Current through Supplement No. 393, July, 2024
A request to assign a conditional water permit application to
				  another person must be submitted to the department in writing. When title of
				  land for which there is a pending application is transferred, either the
				  transferee or the applicant may apply for application assignment. The
				  assignment request must describe the transferee's interest in the application
				  permit. The department may request additional documentation of the transferee's
				  interest.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-04-03, 61-04-04,
					 61-04-15
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-03.3 - Evaporative losses

Current through Supplement No. 393, July, 2024
When a conditional water permit application involves water
				  stored in a reservoir, a volume of water equal to the mean net evaporative loss
				  over the surface area of the impoundment at the principal spillway elevation
				  must be requested as an annual use that will be taken from the stored
				  water.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-04-03,
					 61-04-06.2
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-04 - Notice of application

Current through Supplement No. 393, July, 2024
1. When a proper
				conditional water permit application is filed, the department will forward the
				appropriate number of completed notice of application forms to the applicant.
				The notice must include the following essential facts:
a. All requested points of
				diversion;
b. Requested annual
				appropriation and withdrawal rate;
c. Requested source and purpose of use;
				and
d. Applicant's name;
				and
e. Newspaper in which the water
				permit application notice must be published.
The notice must also state that the notice published in the
				  newspaper will contain a date by which any person having an interest in the
				  application may file written comments regarding the proposed appropriation with
				  the department and that anyone who files written comments will be mailed a copy
				  of the department's recommended decision on the application.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-05 - Publication of notice of water permit applications

Current through Supplement No. 393, July, 2024
In addition to the requirements in North Dakota Century Code
				  section 61-04-05, a copy of the notice of the conditional water permit
				  application to be published must be sent to the applicant.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-04-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-06.3 - Record - Official notice

Current through Supplement No. 393, July, 2024
Unless specifically excluded by the department or the hearing
				  officer, the record in each water permit application proceeding includes, when
				  available, the following reports or records, or portions thereof, relevant to
				  the proposed appropriation:
1. United
				States department of agriculture natural resources conservation service
				reports, including the North Dakota hydrology manual, North Dakota irrigation
				guide, and county soil survey reports.
2. United States geological survey and
				department streamflow records.
3.
				United States geological survey and department water quality data.
4. National oceanic and atmospheric
				administration climatological data.
5. United States geological survey
				topographic maps.
6. Department
				water permit files.
7. Department
				annual water use reports.
8.
				Department and United States geological survey ground water level
				data.
9. North Dakota board of
				water well contractors well completion reports.
10. Department test hole records.
11. Department water resource investigations
				reports and ground water study reports.
12. Department and United States geological
				survey county ground water study reports.
13. Information in department and state water
				commission files, records, and other published reports.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-04-05.1