North Dakota Administrative Code › Title 89 - Water Commission › Article 89-01 - General Administration › Chapter 89-01-01 - Organization of Water Commission and Department of Water Resources › Section 89-01-01-03 - Department of water resources organization and functions

Current through Supplement No. 393, July, 2024
1.
Director.
The department is now headed by the director, who is a
				member of the governor's cabinet. The director provides overall leadership and
				decisionmaking, has hiring responsibilities, and oversees the department staff.
				The director also acts as a liaison between the department and the legislative
				and executive branches of state government, as well as a liaison between the
				governor and the federal government on water-related issues.
2.
State Engineer.
The state
				engineer, under North Dakota Century Code section 61-03-01.3, is responsible
				for associated technical duties related to public safety and property
				protection, including dam safety, water appropriations, and construction and
				drainage permits. The state engineer also may act as the director's designee at
				the director's discretion when implementing any provision of this
				title.
3.
Department
				functions.
The department consists of several divisions, with the
				division directors reporting to the department's director. Several of the
				divisions are responsible for providing staff support to the commission
				functions, including management of the cost-share assistance program;
				maintaining a water project inventory and water development plan; representing
				the commission on regional, national, and international natural resources
				planning bodies; assisting water resource boards; preparing engineering and
				feasibility reports and designs for construction, maintenance, and major repair
				of water resources projects throughout the state; and general accounting,
				budgeting, information technology, and support services.
Other divisions are responsible for assisting and advising
				  the director and the state engineer in state law, administrative rule, and
				  policy enforcement. The responsibilities of these regulatory enforcement
				  divisions include reviewing and making recommendations on permit applications
				  for drains, dikes, dams, and sovereign lands; administering the state's dam
				  safety program; assisting communities with floodplain management; conducting
				  navigability determinations and ordinary high water mark delineations;
				  conducting analysis and providing recommended decisions on water permit
				  applications; monitoring and balancing water use and availability throughout
				  the state; enforcing the water permitting system; and developing and
				  maintaining permit records.
The commission also supervises the atmospheric resources
				  board, which is a quasi-judicial, quasi-legislative advisory and rulemaking
				  board that functions as a division of the department. The atmospheric resources
				  board licenses weather modification contractors and permits cloud seeding
				  operations and research activities; conducts research into atmospheric research
				  and cloud seeding technology; and monitors, collects, and disseminates
				  precipitation and climate data.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-03-01.3