reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-10 - Sovereign Lands › Chapter 89-10-01 - Sovereign Lands › Section 89-10-01-34 - Dredging or filling

Current through Supplement No. 393, July, 2024
1. Unless permitted
				by the department, dredging or filling on sovereign lands is prohibited. If
				prohibited dredging or filling occurs, the department:
a. Shall issue an order to the violator
				identifying the action required to restore the sovereign lands and a date by
				which the ordered action must be taken. Unless an emergency exists, the date by
				which the ordered action must be taken must be at least twenty days after the
				order is issued.
b. If the ordered
				action is not taken by the date specified in the order, the department may take
				any action to restore the sovereign lands at the violator's expense.
c. May commence a civil proceeding to enforce
				its order if the department takes action to restore sovereign lands, the
				department may assess the costs of such action against the riparian owner's
				property where the dredging or filling occurred or may commence a civil
				proceeding to recover the costs incurred in such action. If the department
				chooses to recover costs by assessing the costs against the riparian owner's
				property where the dredging or filling occurred and the property is
				insufficient to pay for the costs incurred, or if the riparian owner was not
				the party responsible for the dredging or filling, the department may commence
				a civil proceeding to recover any costs not recovered through the assessment
				process. Any assessment levied under this section must be collected in the same
				manner as other real estate taxes are collected and paid.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-11 - Drought Disaster Livestock Water Assistance Program › Chapter 89-11-01 - Drought Disaster Livestock Water Assistance Program › Section 89-11-01-01 - Definitions

Current through Supplement No. 393, July, 2024
1. "Commission" is
				defined in North Dakota Century Code section 61-02-02.
2. "Department" is defined in North Dakota
				Century Code section 61-03-01.2.
3.
				"Livestock producer" means an individual who breeds or raises livestock or
				operates a dairy farm, who normally devotes the major portion of the
				individual's time to farming or ranching activities, and who normally receives
				at least fifty percent of the individual's annual gross income from farming or
				ranching.
4. "Water supply project"
				includes the components and installation necessary to transfer and provide
				water from a water source to drought-affected livestock.
General Authority:
NDCC 61-02-11,
					 61-03-13
Law Implemented:
NDCC 61-34-01, 61-34-02,
					 61-34-03
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-11 - Drought Disaster Livestock Water Assistance Program › Chapter 89-11-01 - Drought Disaster Livestock Water Assistance Program › Section 89-11-01-02 - Drought declaration required

Current through Supplement No. 393, July, 2024
Funds will only be disbursed for water supply projects in
				  counties that the governor has declared to be a drought disaster area for
				  purposes of this program.
The commission will determine the program's beginning and end
				  dates.
General Authority:
NDCC 28-32-02, 61-03-13,
					 61-34-03
Law Implemented:
NDCC
					 61-34-02
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-11 - Drought Disaster Livestock Water Assistance Program › Chapter 89-11-01 - Drought Disaster Livestock Water Assistance Program › Section 89-11-01-03 - Applicant eligibility

Current through Supplement No. 393, July, 2024
1. The applicant
				must be a livestock producer with livestock water supply problems caused by
				drought.
2. The applicant must
				first apply for and have been denied cost-share assistance from the United
				States department of agriculture farm service agency.
3. The applicant must receive department
				approval for a water supply project. A water supply project completed before
				the program activation date is not eligible.
General Authority:
NDCC 61-02-11,
					 61-03-13
Law Implemented:
NDCC 61-34-02, 61-34-03,
					 61-34-04
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-11 - Drought Disaster Livestock Water Assistance Program › Chapter 89-11-01 - Drought Disaster Livestock Water Assistance Program › Section 89-11-01-04 - Funding - Priority - Eligible items

Current through Supplement No. 393, July, 2024
1. The commission
				shall provide funds for the program to the extent funding is available.
				Priority will be based on earliest completed application date.
2. Cost-share assistance may only be used for
				water supply projects that will provide a solution to a drought-related water
				supply shortage.
3. All wells
				drilled with funds provided under this program must be drilled by a North
				Dakota certified water well contractor as defined by North Dakota Century Code
				section 43-35-02.
4. Eligible items
				include new water wells, rural water system connections, pipeline extensions,
				pasture taps, and associated works, labor, materials, and equipment rentals for
				work completed by the producer to develop new water supply projects.
General Authority:
NDCC 61-02-11,
					 61-03-13
Law Implemented:
NDCC 61-34-02, 61-34-03,
					 61-34-04
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-11 - Drought Disaster Livestock Water Assistance Program › Chapter 89-11-01 - Drought Disaster Livestock Water Assistance Program › Section 89-11-01-05 - Noneligible items

Current through Supplement No. 393, July, 2024
The following projects are not eligible for program
				  funding:
1. Existing well
				rehabilitation.
2. A water supply
				project on federal land, state land, or land outside North Dakota.
3. A dry hole drilled in an attempt to
				construct a water well or locate a water source.
4. Stock dam or dugout construction dependent
				upon runoff, or projects dependent on surface water sources that may be
				unreliable during drought conditions.
5. Projects that require repair due to damage
				or failure to provide maintenance to an existing water source.
6. Hours billed for work completed by the
				applicant, the applicant's family, or their employees.
General Authority:
NDCC 28-32-02, 61-03-13,
					 61-34-03
Law Implemented:
NDCC
					 61-34-02
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-11 - Drought Disaster Livestock Water Assistance Program › Chapter 89-11-01 - Drought Disaster Livestock Water Assistance Program › Section 89-11-01-06 - Application procedure

Current through Supplement No. 393, July, 2024
1. Requests for
				assistance must be on a commission form and include:
a. Written proof the applicant applied for
				and was denied cost-share assistance from the United States department of
				agriculture farm service agency, including the reason for the denial.
b. An area map indicating the proposed water
				supply project location.
c. A
				proposed water supply project cost estimate.
d. Verification the applicant is a livestock
				producer.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-12 - Municipal, Rural, and Industrial Water Supply Program › Chapter 89-12-01 - Municipal, Rural, and Industrial Water Supply Program › Section 89-12-01-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter, unless the context or subject matter
				  otherwise requires:
1. "Commission" is
				defined in North Dakota Century Code section 61-02-02.
2. "Department" is defined in North Dakota
				Century Code section 61-03-01.2.
3.
				"Design and construction" means preparation of the final design plans and the
				construction of a project.
4.
				"Feasibility study" means a report of sufficient detail to provide a sound
				estimate of capital costs, water costs to users, and operation, maintenance,
				and replacement costs.
5. "Garrison
				Diversion" means Garrison Diversion Conservancy District.
6. "Preliminary engineering report" means a
				reconnaissance level report containing sufficient information to determine
				whether additional detailed studies are merited.
7. "Program funds" means money available for
				municipal, rural, and industrial projects through the Garrison Diversion
				Reformulation Act of 1986, as amended by the Water Resources Development Act of
				2000, Pub. L.
				106-541, 114 Stat. 2572 (2000), administered by
				the bureau of reclamation.
8.
				"Public water system" means a piped potable water system with at least fifteen
				service connections or regularly serving at least twenty-five
				individuals.
9. "Regional water
				system" is a system that provides water to at least four public water systems
				and may also include rural water users.
10. "Rural water users" means all users,
				excluding incorporated cities.
General Authority:
NDCC 61-02-11,
					 61-02-14
Law Implemented:
NDCC 54-40-01, 57-51.1-07.1,
					 61-02-14, 61-02-24.1, 61-02-64, 61-24-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-12 - Municipal, Rural, and Industrial Water Supply Program › Chapter 89-12-01 - Municipal, Rural, and Industrial Water Supply Program › Section 89-12-01-02 - Eligible projects

Current through Supplement No. 393, July, 2024
1. Design and
				construction activities for the following types of projects are eligible for
				financial assistance from program funds:
a.
				New ground water wells, including mechanical and electrical
				components.
b. Pipelines from water
				sources to public water systems and principal supply water works for
				systems.
c. Booster pumping plants
				for supply lines.
d. Intake works
				and pumping plants for new surface water sources.
e. New or enlarged storage
				facilities.
f. New rural water
				systems or enlargements or extensions of existing rural water
				systems.
g. New regional water
				systems or enlargements or extensions of existing regional water
				systems.
h. New water treatment
				plants.
i. Modifications to and
				upgrades of existing water treatment plants.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-12 - Municipal, Rural, and Industrial Water Supply Program › Chapter 89-12-01 - Municipal, Rural, and Industrial Water Supply Program › Section 89-12-01-03 - Application for feasibility study funding

Current through Supplement No. 393, July, 2024
1. To be considered
				for program funds, the project sponsor must submit an application to the
				department and Garrison Diversion that includes:
a. Information explaining the need for the
				project, including its objectives and benefits.
b. The area to be served by the
				project.
c. A preliminary
				engineering report.
d. The
				approximate cost of the project.
e.
				The amount of funding sought from program funds and the amount the project
				sponsor intends to contribute to the feasibility study.
f. The results of all efforts made to secure
				funds from sources other than program funds. Provide the current rate schedule
				for the water supply and treatment systems.
g. Other information the project sponsor
				believes pertinent or that the department requests.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-12 - Municipal, Rural, and Industrial Water Supply Program › Chapter 89-12-01 - Municipal, Rural, and Industrial Water Supply Program › Section 89-12-01-06 - Application for design and construction funding

Current through Supplement No. 393, July, 2024
1. A project
				sponsor requesting design or construction funding must submit a feasibility
				study to the department.
2. For
				projects that deliver Missouri River water to the Hudson Bay drainage area, a
				determination must be made that treatment will be provided to meet requirements
				of the Boundary Waters Treaty Act of 1909.
3. The project sponsor must submit two copies
				of the feasibility study to Garrison Diversion and one copy to the
				department.
4. After review of the
				feasibility study, the epartment, in consultation with Garrison Diversion, may
				prepare a report setting forth the recommendations regarding the project design
				or construction funding. If a report is prepared, it must address whether the
				project is consistent with statewide plans and programs. The department will
				provide a copy to the commission and Garrison Diversion.
5. The commission and Garrison Diversion will
				jointly approve program funds within the district.
General Authority:
NDCC 61-02-11,
					 61-02-14(2)
Law Implemented:
NDCC 54-40-01, 57-51.1-07.1,
					 61-02-14, 61-02-24.1, 61-02-64, 61-24-08
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-12 - Municipal, Rural, and Industrial Water Supply Program › Chapter 89-12-01 - Municipal, Rural, and Industrial Water Supply Program › Section 89-12-01-08 - Funding - Priority

Current through Supplement No. 393, July, 2024
1. The commission
				may evaluate each eligible project based on the following criteria:
a. Need for improving water supply quantity
				or quality problems.
b. Local
				contribution to project funding.
c.
				Location of project.
d. Ability to
				pay.
e. Economic
				development.
f. Water conservation
				plan and drought management plan.
g. Other criteria determined to be relevant
				by the commission.
Based upon these evaluations, the commission, after
				  consultation with Garrison Diversion, may rank the eligible projects in
				  priority order.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-13 - Northwest Area Water Supply Project › Chapter 89-13-01 - Northwest Area Water Supply Project › Section 89-13-01-01 - Definitions

Current through Supplement No. 393, July, 2024
As used in this chapter, unless the context or subject matter
				  otherwise requires:
1. "Agreement of intent" means an agreement between the
				  entity operating or desiring to operate a distribution system and the state
				  water commission whereby the entity agrees to consider entering into a water
				  service agreement for delivery of water from the northwest area water supply
				  project and the state water commission agrees to include the water requirements
				  of the distribution system in the prefinal design of the project.
2. "Distribution system" means a system for the provision to
				  users of potable water, if such system has at least fifteen service connections
				  or regularly serves at least twenty-five users.
3. "Prefinal design" means the engineering analysis of the
				  project layout incorporating distribution systems of all entities that have
				  entered into an agreement of intent.
4. "Project" means the northwest area water supply project
				  authorized by North Dakota Century Code chapter 61-24.6.
5. "User" means a household, business, or farmstead that uses
				  water.
6. "Water service agreement" means an agreement to purchase
				  water from the northwest area water supply project based upon the results of
				  the prefinal design and projected development of the project.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 61-24.6-04
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-13 - Northwest Area Water Supply Project › Chapter 89-13-01 - Northwest Area Water Supply Project › Section 89-13-01-02 - Statement of project purpose and intent

Current through Supplement No. 393, July, 2024
The purpose of the project is to ensure a dependable,
				  long-term supply of good water to users of existing and planned distribution
				  systems in northwestern North Dakota that have entered into a northwest area
				  water service agreement with the state water commission.
The support of existing rural water associations and cities
				  that are supplying water to other distribution systems in the project area is
				  very important to the success of the project. Therefore, it is the intent of
				  the project advisory committee to preserve existing water supply relationships
				  in the project area.
General Authority: NDCC 28-32-02
Law Implemented: NDCC
					 61-24.6-04
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-13 - Northwest Area Water Supply Project › Chapter 89-13-01 - Northwest Area Water Supply Project › Section 89-13-01-03 - Eligibility

Current through Supplement No. 393, July, 2024
1. Any distribution system or portion of a
				distribution system may enter into an agreement of intent or a water service
				agreement except for:
a. A distribution
				system, or portion thereof, that received water from a rural water association,
				city, or other distribution system in the project area at any time prior to
				March 1, 1995, if the distribution system that supplied the water has entered
				into an agreement of intent or a water service agreement; or
b. A distribution system, or portion thereof,
				that enters into an agreement to receive water from a rural water association,
				city, or other distribution system after March 1, 1995, if the distribution
				system that supplied or is supplying water has entered into an agreement of
				intent or a water service agreement.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-14 - Stream Crossings › Chapter 89-14-01 - Stream Crossing Design › Section 89-14-01-01 - Standards

Current through Supplement No. 393, July, 2024
Except as provided in section
				  89-14-01-06, all highways
				  constructed or reconstructed by the department of transportation, board of
				  county commissioners, board of township supervisors, their contractors,
				  subcontractors, or agents, or by any individual, firm, corporation, or limited
				  liability company must be designed to meet the standards contained in this
				  chapter. The department of transportation, board of county commissioners, board
				  of township supervisors, their contractors, subcontractors, or agents, or any
				  individual, firm, corporation, or limited liability company that fails to
				  comply with these standards is not entitled to the immunity provided in North
				  Dakota Century Code section 24-03-06, 24-03-08, or
				  24-06-26.1.
General Authority:
NDCC 24-02-01.1,
					 24-02-01.5, 28-32-02, 61-03-13
Law Implemented:
NDCC 24-03-06, 24-03-08,
					 24-06-26.1
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-14 - Stream Crossings › Chapter 89-14-01 - Stream Crossing Design › Section 89-14-01-02 - Definitions

Current through Supplement No. 393, July, 2024
1. "Constructed" means to construct a new
				highway on a new location or corridor.
2. "Highway, street, or road" is defined in
				North Dakota Century Code section 24-01-01.1.
3. "Reconstructed" means to regrade, add a
				lane adjacent to the existing alignment, or do full depth road surface
				replacement on an existing highway location. For purposes of this chapter,
				reconstructed also includes replacing or installing a stream crossing.
4. "Stream crossing" means an
				opening to permit the flow of water under, adjacent to. or because of a
				highway.
General Authority:
NDCC 24-02-01.1,
					 24-02-01.5, 28-32-02, 61-03-13
Law Implemented:
NDCC 24-03-06, 24-03-08,
					 24-06-26.1
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-14 - Stream Crossings › Chapter 89-14-01 - Stream Crossing Design › Section 89-14-01-03 - Design flood frequency

Current through Supplement No. 393, July, 2024
The following table provides the minimum design standard
				  recurrence interval of the event for which each type of stream crossing must be
				  designed. Nothing contained in this chapter is intended to restrict an entity
				  from providing greater capacity.
Type of Crossing
State Highway System
County
Urban System
Rural System
Rural System
Regional
Urban Roads
Principal Arterial
Minor Arterial
Major Collector
Major Collector
Off4 
								System
Interstate
Other
Bridges & Reinforced Concrete Boxes
25 year2
25 year2
50 year2
50 year2
50 year2
25 year2
25 year2,
														3
15 year2,
														3
Roadway Culverts
25 year2
25 year2
50 year2
25 year2
25 year2
25 year2
25 year2,
														3
15 year2,
														3,
														5
Storm Drains
10 year1
5 year1
10 year2
10 year2
10 year2
10 year2
Underpass Storm Drains
25 year1
25 year1
50 year2
25 year2
25 year2
25 year2
1 Discharges must be computed
				  using the rational method or other recognized hydrologic methods.
2 Discharges must be computed
				  using United States geological survey report 2015-5096 or other recognized
				  hydrologic methods.
3 If an overflow section is
				  provided, the pipes and the overflow section, in combination, must pass the
				  appropriate design event within the headwater limitations provided in this
				  chapter.
4 Off system roads include all
				  township roads.
5 For township roads, the
				  recurrence interval is 10 years.
General Authority:
NDCC 24-02-01.1,
					 24-02-01.5, 61-03-13
Law Implemented:
NDCC 24-03-06, 24-03-08,
					 24-06-26.1
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-14 - Stream Crossings › Chapter 89-14-01 - Stream Crossing Design › Section 89-14-01-03 - Design flood frequency

Current through Supplement No. 393, July, 2024
The following table provides the minimum design standard
				  recurrence interval of the event for which each type of stream crossing must be
				  designed. Nothing contained in this chapter is intended to restrict an entity
				  from providing greater capacity.
Type of Crossing
State Highway System
County
Urban System
Rural System
Rural System
Regional
Urban Roads
Principal Arterial
Minor Arterial
Major Collector
Major Collector
Off4
								System
Interstate
Other
Bridges & Reinforced Concrete Boxes
25 year2
25 year2
50 year2
50 year2
50 year2
25 year2
25 year2, 3
15 year2, 3
Roadway Culverts
25 year2
25 year2
50 year2
25 year2
25 year2
25 year2
25 year2, 3
15 year2, 3, 5
Storm Drains
10 year1
5 year1
10 year2
10 year2
10 year2
10 year2
Underpass Storm Drains
25 year1
25 year1
50 year2
25 year2
25 year2
25 year2
1Discharges must be computed using
				  the rational method or other recognized hydrologic methods.
2Discharges must be computed using
				  United States geological survey report 2015-5096 or other recognized hydrologic
				  methods.
3If an overflow section is
				  provided, the pipes and the overflow section, in combination, must pass the
				  appropriate design event within the headwater limitations provided in this
				  chapter.
4Off system roads include all
				  nonmajor collector public roads open for public travel.
5For public roads open for public
				  travel under the jurisdiction of a board of township supervisors of a civil
				  township, the recurrence interval is 10 years.
General Authority:
NDCC 24-02-01.1,
					 24-02-01.5, 61-03-13
Law Implemented:
NDCC 24-03-06, 24-03-08,
					 24-06-26.1
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-14 - Stream Crossings › Chapter 89-14-01 - Stream Crossing Design › Section 89-14-01-04 - Floodplain consideration - Upstream development

Current through Supplement No. 393, July, 2024
All stream crossings must comply with applicable floodplain
				  regulations and regulatory floodway requirements per North Dakota Century Code
				  chapter 61-16.2. If a stream crossing is being replaced and buildings or
				  structures are located upstream from the crossing, the stream crossing must not
				  be reconstructed in a manner that increases the likelihood of impacts to those
				  upstream buildings or structures, even if the capacity of the crossing being
				  replaced was greater than the capacity otherwise required by this chapter. Any
				  stream crossing constructed as part of a newly constructed roadway must be
				  constructed to pass the federal emergency management agency identified
				  one-percent annual-chance flood event flow without the resulting increase in
				  headwater impacting any existing buildings or structures. Structures, for the
				  purposes of this section, include grain bins, silos, feedlots, and corrals.
				  Structures do not include pasture fencing.
General Authority:
NDCC 24-02-01.1,
					 24-02-01.5, 61-03-13
Law Implemented:
NDCC 24-03-06, 24-03-08,
					 24-06-26.1
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-14 - Stream Crossings › Chapter 89-14-01 - Stream Crossing Design › Section 89-14-01-05 - Allowable headwater

Current through Supplement No. 393, July, 2024
The allowable maximum headwater when passing the design
				  discharge must be measured from the bottom of the channel. For arch pipes, the
				  maximum allowable headwater must be based on the rise of the pipe, and the pipe
				  size category must be the equivalent round pipe size. For multiple pipe
				  installations, the pipe diameter used to calculate the allowable headwater must
				  be the diameter of the largest pipe. Tailwater resulting from downstream
				  conditions, either natural or manmade, must be accounted for in the
				  determination of the crossing's capacity and the resulting headwater.
				  Additional guidance is provided in the North Dakota department of
				  transportation design manual. If a crossing results in less than one-half foot
				  [15.24 centimeters] of headloss when passing the appropriate design discharge,
				  this section does not apply.
Click
				  here to view image.
General Authority:
NDCC 24-02-01.1,
					 24-02-01.5, 28-32-02, 61-03-13
Law Implemented:
NDCC 24-03-06, 24-03-08,
					 24-06-26.1
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-14 - Stream Crossings › Chapter 89-14-01 - Stream Crossing Design › Section 89-14-01-06 - Deviations

Current through Supplement No. 393, July, 2024
The board of county commissioners, board of township
				  supervisors, their contractors, subcontractors, or agents, or any individual,
				  firm, corporation, or limited liability company may deviate from the standards
				  contained in this chapter if the deviation is approved in writing by the
				  department of water resources and the department of transportation. A request
				  to deviate from the standards must be made in writing and must set forth the
				  reasons for the proposed deviation. The department of water resources and
				  department of transportation may grant a deviation for good and sufficient
				  cause after considering public safety, upstream and downstream impacts, and
				  other relevant matters.
The department of transportation may deviate from these
				  standards if the department determines it is appropriate to do so and the
				  crossings are designed under scientific highway construction and engineering
				  standards. The basis for the department's decision must be documented in
				  writing.
Roads constructed as part of a surface coal mining operation
				  for use solely as part of the mining operation are not subject to the
				  requirements of this chapter. Roads constructed because of a surface coal
				  mining operation for use by the public are bound by the requirements of this
				  chapter, but deviations may be requested under this section.
General Authority:
NDCC 24-02-01.1,
					 24-02-01.5, 61-03-13
Law Implemented:
NDCC 24-03-06, 24-03-08,
					 24-06-26.1
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-15 - Watercourses › Chapter 89-15-01 - Watercourse Determinations › Section 89-15-01-01 - Definitions

Current through Supplement No. 393, July, 2024
Unless the context otherwise requires, the following
				  definitions apply:
1. "Artificial
				watercourse" means a watercourse that was formed by artificial construction but
				maintained by natural causes, such as a natural watercourse that is
				straightened but still receives the same contributing runoff prior to its
				straightening.
2. "District" means
				water resource district.
3.
				"Natural watercourse", except as used in North Dakota Century Code section
				61-32-03.1, means a watercourse that was formed and maintained by natural
				causes.
4. "Watercourse" is defined
				in North Dakota Century Code section 61-01-06. Other terms that are synonymous
				with watercourse are river, stream, creek, or channel. Watercourses may be
				natural or artificial.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-01-06
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-15 - Watercourses › Chapter 89-15-01 - Watercourse Determinations › Section 89-15-01-02 - Identifying a watercourse

Current through Supplement No. 393, July, 2024
For a watercourse to be constituted, the following criteria
				  must be considered. No one criteria alone will constitute a watercourse, but
				  rather a comprehensive review of the criteria provides the information
				  necessary for a watercourse determination.
1. Sufficient natural and accustomed flow
				must be present or possible. This means the flow must be from a natural source,
				such as precipitation, snowmelt, or a natural spring, and must regularly or
				frequently occur during normal hydrology years.
2. A distinct and defined channel must be
				maintained by natural and accustomed flows. It is not necessary that the
				channel be natural or created by natural causes, but the flow in the channel
				must be sufficient enough to maintain the channel without routine artificial
				maintenance, including removal of silt, sediment, and vegetation.
3. A distinct and defined channel must have a
				definite bed and banks. It is not necessary that the banks be well defined or
				sharply cut, but they must be easily discernable in times of little vegetative
				cover and have some capacity to carry flowing water.
4. A plainly defined channel must be present
				and easily discernable.
5. A
				channel of permanent character must be present and evident upon site inspection
				and review of aerial photography. The channel must have existed in that
				location for several years or have the high likelihood of existing there for
				several years in the case of a recently constructed artificial
				watercourse.
6. The land use of the
				site in question may play a role, including whether the land is routinely used
				for agricultural purposes and if agricultural crops would be injured by any
				received waters.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-01-06
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-15 - Watercourses › Chapter 89-15-01 - Watercourse Determinations › Section 89-15-01-03 - Information to use in making a watercourse determination

Current through Supplement No. 393, July, 2024
1. Data or information to be utilized
				includes the following:
a. Relevant and
				readily available aerial photography.
b. Mapping products including United States
				geological survey quads, LiDAR data, general land office notes, and existing
				surveys.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-15 - Watercourses › Chapter 89-15-01 - Watercourse Determinations › Section 89-15-01-04 - Making a watercourse determination

Current through Supplement No. 393, July, 2024
Water resource districts may determine if a watercourse is
				  constituted by definition if the district needs to identify a watercourse as
				  part of its powers, authority, or responsibilities under North Dakota Century
				  Code title 61. If a district requests a watercourse determination from the
				  department according to section 61-01-06, the department's decision is final
				  and subject to appeal under North Dakota Century Code section 61-03-22.
				  Watercourse determinations need not be formally made if they are made in
				  conjunction with a permitting or complaint or appeal decision under North
				  Dakota Century Code title 61, unless requested by a district under section
				  61-01-06. The department must provide a formal determination if requested by a
				  district under section 61-01-06.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-01-06
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-01 - General Administration › Chapter 90-01-01 - Organization of Board › Section 90-01-01-01 - Organization of state board of water well contractors

Current through Supplement No. 393, July, 2024
1.
History.
The 1971 legislative assembly passed
				  the act providing for licensing of water well contractors and creating the
				  state board of water well contractors, codified as North Dakota Century Code
				  chapter   43-35. The 1985 legislative assembly added pitless unit installers and
				  the 1987 legislative assembly added monitoring well contractors to the
				  coverage.
2.
Board membership.
The board consists of six
				  members. The state engineer and the state health officer, or their duly
				  authorized designees, are ex officio members. Two members are water well
				  contractors appointed by the governor, one member is a pump and pitless unit
				  installer appointed by the governor, and one member is appointed at large by
				  the governor.
3.
Executive secretary and treasurer.
The
				  executive secretary and treasurer of the board is appointed by the board, is
				  responsible for the administration of the board's activities, and is
				  responsible for the examining process provided for by North Dakota Century Code
				  chapter   43-35.
4.
Inquiries.
Inquiries regarding the board or
				  examinations should be addressed to the executive secretary and treasurer:
Secretary-Treasurer
State Board of Water Well Contractors
900 East Boulevard Avenue
Bismarck, North Dakota 58505-0850
General Authority: NDCC 28-32-02
Law Implemented: NDCC 28-32-02, 43-35-02
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-01 - General Administration › Chapter 90-01-02 - Application of Rules › Section 90-01-02-01 - Definition - Wells

Current through Supplement No. 393, July, 2024
This title, the rules and regulations adopted by the state
				  department of health, and North Dakota Century Code chapter   43-35 are
				  applicable to all openings in the earth's surface wherein ground water is
				  sought whether such opening is made for the purpose of extracting ground water,
				  discovering or observing ground water, or monitoring the level, quantity, or
				  quality of ground water.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-02
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-01 - General Administration › Chapter 90-01-03 - Continuing Education › Section 90-01-03-01 - Continuing education - Defined

Current through Supplement No. 393, July, 2024
As used in this chapter, "continuing education", unless the
				  context otherwise requires, means accredited educational experience derived
				  from participation in approved lectures, seminars, and correspondence courses.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-23
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-01 - General Administration › Chapter 90-01-03 - Continuing Education › Section 90-01-03-02 - Coursework

Current through Supplement No. 393, July, 2024
The board will consider courses in the following areas to be
				  acceptable when considering approval. Coursework may be provided by:
1. The national ground water association;
2. The North Dakota well drillers association;
3. The state department of health;
4. The state water commission; or
5. Any board-approved course provider.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-23
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-01 - General Administration › Chapter 90-01-03 - Continuing Education › Section 90-01-03-03 - Preapproval by board

Current through Supplement No. 393, July, 2024
A continuing education course must be preapproved by the
				  board unless otherwise provided by law.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-23
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-01 - General Administration › Chapter 90-01-03 - Continuing Education › Section 90-01-03-04 - Request preapproval

Current through Supplement No. 393, July, 2024
The continuing education course provider or certificate
				  holder shall request for preapproval of the continuing education coursework by
				  submitting to the board a course outline, the instructor's name, the length of
				  the training, and an explanation of how the training relates to the
				  construction and service of water wells.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-23
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-01 - General Administration › Chapter 90-01-03 - Continuing Education › Section 90-01-03-05 - Request approval after course

Current through Supplement No. 393, July, 2024
A certificate holder may request approval of education that
				  was not preapproved by submitting to the board verification of attendance, a
				  course outline, the instructor's name, the length of the training, an
				  explanation of how the training relates to the construction and service of
				  water wells, and an explanation of why preapproval was not obtained. In such
				  instance, the board shall determine on a case-by-case basis whether to approve
				  education that was not preapproved.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-23
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-01 - General Administration › Chapter 90-01-03 - Continuing Education › Section 90-01-03-06 - Hours

Current through Supplement No. 393, July, 2024
Each certificate holder shall earn at least twelve hours of
				  board-approved continuing education every two-year reporting cycle to qualify
				  for certificate renewal. A new certificate holder is required to earn twelve
				  hours of board-approved continuing education credits during the two years
				  following the year of initial certification.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-23
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-01 - General Administration › Chapter 90-01-03 - Continuing Education › Section 90-01-03-07 - Hour defined

Current through Supplement No. 393, July, 2024
An "hour" of continuing education means a minimum of fifty
				  minutes of instruction.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-23
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-01 - General Administration › Chapter 90-01-03 - Continuing Education › Section 90-01-03-08 - Noncompliance

Current through Supplement No. 393, July, 2024
Each certificate holder who fails to complete the twelve
				  hours of continuing education during the reporting period shall not be eligible
				  for certificate renewal. Such individual may complete the required hours prior
				  to April first following the year in which the requirement is in effect and be
				  eligible for certificate renewal. After April first, the certificate holder
				  must reapply and pass the examination required to initially obtain a
				  certificate. No hours may be used for more than one reporting period.
General Authority: NDCC 28-32-02, 43-35-17
Law Implemented: NDCC 43-35-17
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-01 - Examination › Section 90-02-01-01 - Preparation of examination

Current through Supplement No. 393, July, 2024
The board shall arrange for an examination to be prepared
				  which shall be presented to the board for approval. If the board finds that the
				  proposed examination fairly tests the skills and knowledge needed to be a
				  certified water well contractor, pump and pitless unit installer, or monitoring
				  well contractor, it shall approve such examination and order its use. The
				  examination shall be modified, revised, or changed from time to time at the
				  discretion of the board.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-12
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-01 - Examination › Section 90-02-01-02 - Supervision and correction

Current through Supplement No. 393, July, 2024
The examination shall be given, supervised, and corrected by
				  a representative appointed by the board, who shall report the results to the
				  board.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-12
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-01 - Examination › Section 90-02-01-03 - Dates of examination

Current through Supplement No. 393, July, 2024
The examination to become a certified water well contractor,
				  pump and pitless unit installer, or monitoring well contractor shall be given
				  four times each year, during the months of February, May, August, and November.
				  The exact date shall be announced by the appointed examination representative
				  to all persons known to be interested, at least thirty days before the date
				  established for the giving of the examinations.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-12
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-01 - Examination › Section 90-02-01-04 - Place of examination

Current through Supplement No. 393, July, 2024
The examination shall be given in the offices of the state
				  water commission in Bismarck, North Dakota.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-12
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-01 - Examination › Section 90-02-01-05 - Examination procedure

Current through Supplement No. 393, July, 2024
Each applicant may spend up to four hours writing the
				  examination. No books, charts, tables, notes, or other helps shall be used. A
				  minimum score of seventy percent shall be required to pass the examination.
General Authority:
NDCC   28-32-02,   43-35-01,
				    43-35-10
Law Implemented:
NDCC
				    43-35-12
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-01 - Examination › Section 90-02-01-06 - Waiting period

Current through Supplement No. 393, July, 2024
Any person failing to pass the examination shall not be
				  allowed to take it again until at least the second time it shall be offered
				  following the failure.
General Authority:
NDCC   28-32-02,   43-35-01,
				    43-35-10
Law Implemented:
NDCC   43-35-12,   43-35-21
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-02 - Certification › Section 90-02-02-01 - Certification - How obtained

Current through Supplement No. 393, July, 2024
The secretary of the board shall maintain a supply of
				  certificates and decals and shall, upon proper application, furnish such
				  certificates and decals to qualified applicants.
General Authority:
NDCC   28-32-02,   43-35-01,
				    43-35-10
Law Implemented:
NDCC   43-35-13,   43-35-16,
				    43-35-17
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-02 - Certification › Section 90-02-02-01.1 - Purpose of certification

Current through Supplement No. 393, July, 2024
The philosophy of the board in enforcing North Dakota Century
				  Code chapter   43-35 shall be at all times the protection of the quantity and the
				  quality of the ground water resources.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-01
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-02 - Certification › Section 90-02-02-02 - Qualified applicants - How determined - Initial certification

Current through Supplement No. 393, July, 2024
The board first must approve the application of a party
				  desiring certification for the first time and if an applicant is so approved
				  and has otherwise complied with the requirements of North Dakota Century Code
				  sections   43-35-13 and   43-35-14, the applicant is to be regarded as qualified
				  and shall be issued the proper certificate and decals.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-13, 43-35-16
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-02 - Certification › Section 90-02-02-02.1 - Definition of one year's experience

Current through Supplement No. 393, July, 2024
One year of experience as required by statute consists of
				  twelve months of full-time employment in constructing water wells, installing
				  pump and pitless units, or constructing monitoring wells under the direct
				  supervision of a certified water well contractor, pump and pitless unit
				  installer, or monitoring well contractor which experience has occurred during
				  the three years immediately preceding the date of application, or suitable
				  vocational training approved by the board. The board may, upon application and
				  request, approve equivalent experience under a nonlicensed water well
				  contractor, pump and pitless unit installer, or monitoring well contractor if
				  the experience was in a state other than North Dakota and if the board is
				  satisfied that the experience was the equivalent of working under a certified
				  water well contractor in North Dakota. The board may certify other experience
				  as equivalent as it finds appropriate.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-13
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-02 - Certification › Section 90-02-02-02.2 - Certification by examination - Time limit

Current through Supplement No. 393, July, 2024
Any person who desires to become certified and who has taken
				  the examination and successfully passed it shall complete the other
				  requirements for certification within six months of notification of the passing
				  score. Failure to complete certification within six months from such
				  notification will nullify the passing score on the examination and the
				  applicant shall initiate a new application in the same manner as if the
				  applicant had not applied before, and be reexamined before becoming certified.
General Authority: NDCC 28-32-02, 43-35-01, 43-35-10
Law Implemented: NDCC 43-35-13
North Dakota Administrative Code › Title 90 - Water Well Contractors, Board of › Article 90-02 - Operations › Chapter 90-02-02 - Certification › Section 90-02-02-03 - Qualified applicants - How determined - Renewal

Current through Supplement No. 393, July, 2024
Any person holding a current certification shall be regarded
				  as qualified upon the timely completion of an application and submission of the
				  proper fee and bond. The secretary may issue the proper certificates and decals
				  for a renewal without action of the board.
General Authority:
NDCC   28-32-02,   43-35-01,
				    43-35-10
Law Implemented:
NDCC   43-35-13,
				    43-35-17