reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-07 - Necessity of works and construction of works for a conditional water permit

Current through Supplement No. 393, July, 2024
A conditional water permit application may only be considered
				  if works are associated with the proposed appropriation. For any water
				  appropriation that involves the construction of works that require a
				  construction permit from the department, the water permit may be issued before
				  receipt of the construction permit. However, the water permit is not valid
				  until the construction permit is issued.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-04-02
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-08 - Point of diversion

Current through Supplement No. 393, July, 2024
The department may not issue a water permit that allows for
				  the appropriation of water from more than one water source. An appropriation
				  from the main channel of a river and from a tributary of the river is an
				  example of an appropriation from more than one water source. The department may
				  issue a water permit that allows for points of diversion from different
				  locations from the same water source, provided the department finds good cause
				  for doing so.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-04-06.2
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-10 - Emergency or temporary authorization

Current through Supplement No. 393, July, 2024
An application for a temporary water permit must be made on
				  the form provided by the department. In that request, the applicant must
				  indicate the purpose for which water will be used, water quantity needed,
				  proposed point of diversion, type of use,
An applicant for emergency water use, if the situation
				  warrants, may call the department requesting immediate water use. Following an
				  oral request and oral approval by the department for authorization, a temporary
				  application form must be submitted.
The applicant for a temporary water permit is responsible for
				  all damages that may be caused to other appropriators or any other individual
				  because of the emergency or temporary water use.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-04-02.1
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-10.1 - Temporary water transfer for irrigation

Current through Supplement No. 393, July, 2024
To accommodate annual crop rotation requirements, the holder
				  of a water permit for irrigation may make a request to the department for the
				  temporary transfer of the volume of water appropriated from an approved point
				  of diversion to another tract of land. The transfer must be made for an entire
				  irrigation season and conform to the terms and conditions of the water permit,
				  except that no water right will accrue to the land under temporary irrigation.
				  Irrigation may not take place on the tract of land from which the transfer is
				  made during that irrigation season. The request for a transfer must be made by
				  May fifteenth of the year the transfer is to be in effect.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-04-02.1
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-10.2 - Temporary permit fees

Current through Supplement No. 393, July, 2024
The following filing fee schedule will be used for temporary
				  water permit applications. The fee must be included with the application. The
				  department may waive the fees for certain emergency uses of a temporary water
				  permit, including firefighting.
Volume of Water
								Requested:
Less than one acre-foot
$75
One to ten acre-feet
$125
More than ten acre-feet
$200
Filing fees are not required for requests made under section
				  89-03-01-10.1.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-04-02.1,
					 61-04-06.2
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-11 - Competing applications

Current through Supplement No. 393, July, 2024
Conditional water permit applications from the same source
				  for different uses will be considered competing applications if received by the
				  department within ninety days of each other.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-04-06.1
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-12 - Extensions and cancellation

Current through Supplement No. 393, July, 2024
Where the time has expired to put any portion of the water
				  appropriated under a conditional water permit to the beneficial use named in
				  the permit, the department will notify the permitholder. The department will
				  provide the permitholder with a form to request an extension for applying the
				  water to the beneficial use and to explain why an extension should be granted.
				  Except in overriding circumstances, no extension will be granted when other
				  conditional water permit applications are pending from a limited supply
				  source.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-04-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-13 - Report of water use

Current through Supplement No. 393, July, 2024
The form for reporting water use under North Dakota Century
				  Code section 61-04-27 must include the permit number, water usage amount,
				  pumping rate, if applicable, and any other information the department may
				  require. One form must be filed for each water permit held.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-04-27
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-01 - Water Permits › Section 89-03-01-13.1 - Fines - Water use reporting

Current through Supplement No. 393, July, 2024
A permitholder who fails to timely submit a complete and
				  accurate water use report under North Dakota Century Code section 61-04-27 will
				  be assessed a fine of two hundred fifty dollars for each water permit.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-03-23,
					 61-04-27
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-02 - Water Permit Modification › Section 89-03-02-01 - Submission of an application to add a point of diversion or for a change in purpose of use

Current through Supplement No. 393, July, 2024
An application to add a point of diversion or for a change in
				  purpose of use must be submitted to the department on the form provided by the
				  department. The department may require information not requested in the
				  application. A change in purpose of use may only be granted for a use that has
				  a higher priority than the use from which a change is sought, as specified in
				  North Dakota Century Code section 61-04-06.1.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-04-04, 61-04-06.1,
					 61-04-15.2, 61-04-15.4
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-02 - Water Permit Modification › Section 89-03-02-02 - Return of unsatisfactory application

Current through Supplement No. 393, July, 2024
If the change in purpose of use or to add a point of
				  diversion application is not submitted on the proper form or if the form is
				  improperly completed, it will be returned within thirty days, along with a
				  statement of the required corrections.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-04-04, 61-04-15.2,
					 61-04-15.4
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-02 - Water Permit Modification › Section 89-03-02-03 - Application amendment

Current through Supplement No. 393, July, 2024
An applicant for a change in purpose of use or to add a point
				  of diversion, before being instructed to give notice as required by section
				  89-03-01-04, may amend an
				  application. An amendment request may be made by letter or by submission of an
				  amended application.
If any notice of an application for a change in the purpose
				  of use or to add a point of diversion 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 must
				  submit an affidavit of service of corrected notice to the department. If the
				  notice of 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, 61-04-15.2,
					 61-04-15.4
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-02 - Water Permit Modification › Section 89-03-02-05 - Notice of application

Current through Supplement No. 393, July, 2024
Notification of an application for change in purpose of use
				  or to add a point of diversion must be handled in accordance with section
				  89-03-01-04.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-04-05, 61-04-15.1,
					 61-04-15.4
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-02 - Water Permit Modification › Section 89-03-02-06 - Publication of notice of an application for a change in the purpose of use or to add a point of diversion

Current through Supplement No. 393, July, 2024
Notice of an application or an amendment to an application
				  for a change in the purpose of use or to add a point of diversion must be
				  published in accordance with section
				  89-03-01-05.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-04-05, 61-04-15.2,
					 61-04-15.4
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-02 - Water Permit Modification › Section 89-03-02-08 - Assignment of a water permit to another person

Current through Supplement No. 393, July, 2024
A request to assign a water permit to another person must be
				  submitted to the department in writing. Either the transferee or the
				  permitholder may request assignment of the water permit. The application must
				  describe the transferee's interest in the water permit. The department may
				  request additional documentation of the transferee's interest.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-04-15
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-02 - Water Permit Modification › Section 89-03-02-09

Current through Supplement No. 393, July, 2024
General Authority:
NDCC 28-32-02, 61-03-13
Law Implemented:
NDCC
					 61-04-15
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-02 - Water Permit Modification › Section 89-03-02-10 - Change in location of use

Current through Supplement No. 393, July, 2024
No change in location of use of a conditional or perfected
				  water permit will be granted if other appropriators that rely upon the return
				  flows from the permitholder's beneficial use of water would be adversely
				  affected.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-01-01(3),
					 61-04-15
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-02 - Water Permit Modification › Section 89-03-02-11 - Increase in pumping rate

Current through Supplement No. 393, July, 2024
A request to increase a permitholder's pumping rate must be
				  made in writing to the department. The department, before making a decision on
				  the request, will consider what effect the increase has on other appropriators
				  from the water source.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-04-06.2
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-02 - Water Permit Modification › Section 89-03-02-12 - Water permit for irrigation - Limitation

Current through Supplement No. 393, July, 2024
The department may increase the number of acres that may be
				  irrigated on the tracts of land specified in a water permit to allow for more
				  efficient operation of an irrigation system. A request for an increase in the
				  number of acres must be evaluated in accordance with subdivisions a through c
				  of subsection 1 of North Dakota Century Code section 61-04-06. Any increase in
				  acreage cannot exceed ten acres or ten percent of the originally approved
				  acreage, whichever is greater.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC
					 61-04-06.2
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-03 - Water Appropriations › Chapter 89-03-03 - Definitions › Section 89-03-03-01 - Definitions

Current through Supplement No. 393, July, 2024
The following definitions apply to this article:
1. "Department" is defined in North Dakota
				Century Code section 61-03-01.2.
2.
				"Measuring device" means a flow meter or water meter measuring the quantity and
				rate of water flowing through a pipe and complying with the flow meter
				specifications issued by the department.
3. "One-mile radius" means the distance of
				one mile [1.61 kilometers] from a specific point of diversion as listed in a
				water permit application. Where the point of diversion is listed as a parcel,
				the one mile [1.61 kilometers] is measured from the exterior boundary of the
				area contained in the legal description.
4. "Point of diversion" is defined in North
				Dakota Century Code section 61-04-01.1. A point of diversion may be described
				as a tract of land as described in the public land survey system
				(PLSS).
5. "Reasonably be necessary
				for the future water requirements of the municipality or the rural water
				system" means the amount of water estimated to be required thirty years in the
				future. The total water quantity a municipality or rural water system may hold
				under all permits for municipal use may not exceed the quantity the
				municipality or rural water system can reasonably expect to use thirty years in
				the future.
6. "Return flow" is
				residual water that is returned to its source or some other source after
				beneficial use by a permitholder.
7. "Stored water" means water temporarily or
				permanently retained by or in a dam, dike, excavation, or other constructed
				works.
8. "Works" include canals,
				ditches, pipelines, and other conveyance systems, irrigation facilities, wells,
				pumps, dams, dikes, reservoirs, and other devices used for the appropriation,
				storage, and beneficial use of water.
General Authority:
NDCC 61-03-13
Law Implemented:
NDCC 61-04-02,
					 61-04-05
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-01 - General Provisions › Section 89-04-01-01 - Water management plan required

Current through Supplement No. 393, July, 2024
A water management plan for all surface coal mining
				  operations shall be required. The water management plan shall be submitted to
				  the state engineer at the same time an application for a surface mining permit
				  is submitted to the public service commission.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-01 - General Provisions › Section 89-04-01-02 - Intent

Current through Supplement No. 393, July, 2024
It is recognized that a variety of permits are required from
				  the state water commission and the state engineer for activities affecting
				  water resources on surface mining sites. It is also recognized that activities
				  pursuant to one permit may be closely related to activities pursuant to another
				  permit. Therefore, a water management plan for surface coal mining operations
				  is being required to facilitate the processing and consideration of permit
				  applications for surface coal mining operations where several permits may be
				  required. This will ensure that the interrelated activities affecting both
				  ground and surface hydrology are considered in total in the preparation and
				  design of a surface coal mining operation and will allow the applicant to
				  secure approval of required permits from the state engineer in a single
				  process, provided the appropriate requirements are satisfied.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-01 - General Provisions › Section 89-04-01-03 - Application

Current through Supplement No. 393, July, 2024
The requirements of this article shall be applicable to
				  surface coal mining operations, as herein defined.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-01 - General Provisions › Section 89-04-01-04 - Permit requirements satisfied

Current through Supplement No. 393, July, 2024
Permits are presently required from the state water
				  commission and the state engineer for the drainage of waters (North Dakota
				  Century Code sections 61-15-08 and 61-16.1-41) and for the construction of
				  dikes and dams (North Dakota Century Code section 61-16.1-38). A water
				  management plan which satisfies the requirements of this article and has been
				  approved by the state engineer, shall serve as approval of the permit
				  requirements pursuant to North Dakota Century Code sections 61-15-08,
				  61-16.1-38, and 61-16.1-41. This does not preclude a permittee from securing a
				  permit for additional construction affecting water resources which is necessary
				  after the water management plan has been approved. Pursuant to North Dakota
				  Century Code sections 61-16.1-38 and 61-16.1-41, local water management
				  districts must also approve the appropriate activities. Therefore, those
				  aspects of a water management plan which require the approval of local water
				  management districts shall be submitted to and approved by the appropriate
				  water management district.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-01 - General Provisions › Section 89-04-01-05 - Other state agency requirements

Current through Supplement No. 393, July, 2024
It is recognized that the public service commission, pursuant
				  to North Dakota Century Code chapter 38-14.1, requires the submission of a
				  total mining plan for approval by the public service commission before a mining
				  permit is granted. The total mining plan required by the public service
				  commission includes water management and water supply aspects. In order to
				  avoid unnecessary duplication, the water management plan hereby required by the
				  state water commission and the state engineer pursuant to these regulations
				  shall be in the form required by the public service commission for water
				  management related aspects of the total mining plan.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-02 - Procedure for Submission and Approval of Water Management Plans › Section 89-04-02-01 - Filing initial water management plan

Current through Supplement No. 393, July, 2024
Upon receipt of a complete water management plan, the state
				  engineer shall cause the plan to be reviewed to determine if appropriate
				  requirements are satisfied. Such review shall be complete when possible not
				  more than sixty days from the date of receipt of a complete application.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-02 - Procedure for Submission and Approval of Water Management Plans › Section 89-04-02-02 - Incomplete water management plan

Current through Supplement No. 393, July, 2024
If the water management plan is defective, or if the
				  information contained therein is insufficient to enable the state engineer to
				  make an informed decision on the water management plan, the water management
				  plan shall be returned to the applicant for correction. The state engineer
				  shall note thereon the information necessary to complete the water management
				  plan.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-02 - Procedure for Submission and Approval of Water Management Plans › Section 89-04-02-03 - Approval of water management plan

Current through Supplement No. 393, July, 2024
The state engineer shall note approval of a water management
				  plan upon determination that appropriate requirements have been satisfied.
				  Approval shall be in the form of a letter to the applicant, stating that
				  appropriate requirements have been satisfied and that permit requirements of
				  the state water commission and the state engineer for construction proposed at
				  that time have been met.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-02 - Procedure for Submission and Approval of Water Management Plans › Section 89-04-02-04 - Modification

Current through Supplement No. 393, July, 2024
Before approving the water management plan, the state
				  engineer may require modification of the water management plan as necessary to
				  meet the requirements of this article.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-02 - Procedure for Submission and Approval of Water Management Plans › Section 89-04-02-05 - Update of plan

Current through Supplement No. 393, July, 2024
An operator shall be required to amend the operator's water
				  management plan yearly so that the plan shall reflect all mining operations
				  affecting water resources to be conducted within not less than the succeeding
				  three years. Such amendments shall be submitted to the state engineer on or
				  before the thirty-first day of January of each year.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-03 - Contents of Water Management Plans › Section 89-04-03-01 - General

Current through Supplement No. 393, July, 2024
A water management plan shall include, but shall not be
				  limited to, the size, amount, or locations of all dams, dikes, drainage,
				  ditches, wells, water uses, and all other water retention devices, water
				  diversion devices, and potential hydrologic alterations.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-03 - Contents of Water Management Plans › Section 89-04-03-02 - Information on hydrologic system

Current through Supplement No. 393, July, 2024
Because water supplies may be affected several miles beyond
				  the mined area, it is necessary to develop an analysis of the potentially
				  affected area prior to mining. The hydrologic data to be submitted as part of
				  the water management plan shall include:
1. A general account of the ground water
				hydrology (the water resources of the area).
2. A contour map or maps showing the water
				table or piezometric surface of the water in each aquifer (including
				water-bearing coal seams) that will be affected by mining. These maps shall be
				prepared using a minimum of one data point (a piezometer nest) per four square
				miles [10.4 square kilometers]. The locations of data points shall be shown on
				the map and given to the nearest ten acres [4.04 hectares]. Data accompanying
				the map or maps should include the lithologic and geophysical logs of the holes
				in which piezometers are installed, piezometer construction details, and
				elevations of the water level and land surface to the accuracy necessary for
				valid analysis of the ground water hydrology of the area. The area covered by
				the map or maps shall be the potentially affected area. Where feasible, water
				samples shall be collected from each of the data points for chemical analyses.
				The analyses shall include:
a. Total
				dissolved solids.
b. Hardness.
c. Sodium.
d. Iron.
e. Bicarbonate.
f. Nitrate.
g. Sulfate.
h. Chloride.
i. Acidity (pH).
j. Sodium adsorption ratio (include calcium,
				magnesium, and sodium cation concentrations).
k. Electrical conductivity.
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-03 - Contents of Water Management Plans › Section 89-04-03-03 - Compliance provisions

Current through Supplement No. 393, July, 2024
The total water management plan shall include engineering
				  plans and specifications for proposed construction sufficient to meet the
				  requirements of this article.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-03 - Contents of Water Management Plans › Section 89-04-03-04 - Maps

Current through Supplement No. 393, July, 2024
Maps required pursuant to this chapter shall be at a scale of
				  1:12,000 (one inch equals one thousand feet) [2.54 centimeters equals 300
				  meters] with legible contours.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-04 - Requirements for Protection of the Hydrologic System › Section 89-04-04-01 - Protections of the hydrologic system

Current through Supplement No. 393, July, 2024
The permittee shall plan and conduct coal mining and
				  reclamation operations to minimize disturbance to the prevailing hydrologic
				  balance in order to prevent long-term adverse changes in the hydrologic balance
				  that could result from surface coal mining and reclamation operations, both
				  onsite and offsite. Changes in water quantity, in the depth to ground water,
				  and in the location of surface water drainage channels shall be minimized.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-04 - Requirements for Protection of the Hydrologic System › Section 89-04-04-02 - Monitoring requirements

Current through Supplement No. 393, July, 2024
After disturbed areas have been regraded and stabilized in
				  accordance with statutes and rules of the public service commission, the
				  permittee shall monitor surface water flow. These data shall provide a basis
				  for approval by the commission for removal of flow control systems. The state
				  engineer shall determine the nature of data, frequency of collection, and
				  reporting requirements.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-04 - Requirements for Protection of the Hydrologic System › Section 89-04-04-03 - Monitoring devices

Current through Supplement No. 393, July, 2024
Equipment, structures, and other measures necessary to
				  accurately measure and sample the quantity of surface water discharges from the
				  disturbed area of the permit areas shall be properly installed, maintained, and
				  operated, as required by the state engineer, and shall be removed when no
				  longer required.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-05 - Diversion and Conveyance of Overland Flow Away From Disturbed Areas › Section 89-04-05-01 - General

Current through Supplement No. 393, July, 2024
Overland flow from undisturbed areas may, if required or
				  approved by the state engineer, be diverted away from disturbed areas by means
				  of temporary or permanent diversion structures. The following requirements
				  shall be met:
1. Temporary diversion
				structures are those used during mining and reclamation. When no longer needed,
				these structures shall be removed and the area reclaimed. Temporary diversion
				structures shall be constructed to safely pass the peak runoff from a
				precipitation event with a ten-year recurrence interval, or a larger event as
				specified by the state engineer.
2. Permanent diversion structures are those
				remaining after mining and reclamation and approved for retention by the state
				engineer and other appropriate state and federal agencies. To protect fills and
				property and to avoid danger to public health and safety, permanent diversion
				structures shall be constructed to safely pass the peak runoff from a
				precipitation event with a hundred-year recurrence interval, or a larger event
				as specified by the commission. Permanent diversion structures shall be
				constructed with gently sloping banks that are stabilized by vegetation.
				Asphalt, concrete, or other similar linings shall not be used unless
				specifically required to prevent seepage or to provide stability and are
				approved by the state engineer.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-05 - Diversion and Conveyance of Overland Flow Away From Disturbed Areas › Section 89-04-05-02 - Construction and design

Current through Supplement No. 393, July, 2024
Diversions shall be designed, constructed, and maintained
				  using the best technology currently available. Appropriate sediment control
				  measures for these diversions shall include, but not be limited to,
				  maintenances of appropriate gradients, channel lining, revegetation, roughness
				  structures, and detention basins.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-06 - Stream Channel Diversions › Section 89-04-06-01 - Construction and design requirements

Current through Supplement No. 393, July, 2024
Flow from perennial and intermittent streams within the
				  permit area may be diverted only when the diversions are approved by the state
				  engineer and they are in compliance with local, state, and federal statutes and
				  regulations. When streamflow is allowed to be diverted, the new stream channel
				  shall be designed and constructed to meet the following requirements:
1. The average stream gradient shall be
				maintained and the channel designed, constructed, and maintained to remain
				stable and to prevent additional contributions of suspended solids to
				streamflow, or to runoff outside the permit area to the extent possible, using
				the best technology currently available. In no event shall such contributions
				be in excess of requirements set by applicable state or federal law. Erosion
				control structures such as channel lining structures, retention basins, and
				artificial channel roughness structures shall be used only when approved by the
				state engineer for temporary diversions where necessary or for permanent
				diversions where they are stable and will require only infrequent maintenance.
2. Channel, bank, and floodplain
				configurations shall be adequate to safely pass the peak runoff of a
				precipitation event with a ten-year recurrence interval for temporary
				diversions and a hundred-year recurrence interval for permanent diversions, or
				larger events as specified by the state engineer.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14, 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-06 - Stream Channel Diversions › Section 89-04-06-02 - Removal

Current through Supplement No. 393, July, 2024
At the time temporary diversions are removed, the permittee
				  shall ensure that downstream water treatment facilities previously protected by
				  the diversion are modified or removed to prevent over-topping or failure of the
				  facilities.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14, 61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-07 - Requirements for Sediment Control Devices › Section 89-04-07-01 - Sediment control devices

Current through Supplement No. 393, July, 2024
Appropriate sediment control devices shall be constructed and
				  maintained as required by statutes and regulations governing water quality.
				  Such sedimentation control devices shall be constructed in appropriate
				  locations prior to commencement of mining operations.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-07 - Requirements for Sediment Control Devices › Section 89-04-07-02 - Spillway design

Current through Supplement No. 393, July, 2024
Spillway systems shall be properly located to maximize the
				  distance from the point of inflow into the pond to maximize detention times.
				  Spillway systems shall be provided to safely discharge the peak runoff from a
				  precipitation event with a twenty-five year recurrence interval, or larger
				  event as specified by the state engineer.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-07 - Requirements for Sediment Control Devices › Section 89-04-07-03 - Requirements for larger ponds

Current through Supplement No. 393, July, 2024
If a sedimentation pond has an embankment that is more than
				  twenty feet [6 meters] in height, as measured from the upstream toe of the
				  embankment to the crest of the emergency spillway, or has a storage volume of
				  twenty acre-feet [24.6 cubic dekameters] or more, the following additional
				  requirements shall be met:
1. An
				appropriate combination of principal and emergency spillways shall be provided
				to safely discharge the runoff resulting from a hundred-year, six-hour
				precipitation event, or larger event as specified by the state engineer.
2. Ponds shall be designed and
				constructed with an acceptable static safety factor of at least one and
				one-half for maximum design flood elevation of the pool to ensure embankment
				slope stability.
3. The minimum
				top width of the embankment shall not be less than the quotient of (H+35)/5
				where H is the height of the embankment as measured from the upstream toe of
				the top of the embankment.
4.
				Ponds shall have appropriate barriers to control seepage along conduits that
				extend through the embankment.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14,
				  61-16.1-38
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-07 - Requirements for Sediment Control Devices › Section 89-04-07-04 - Certification

Current through Supplement No. 393, July, 2024
All ponds shall be designed and inspected under the
				  supervision of, and certified after construction by, a registered professional
				  engineer.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-07 - Requirements for Sediment Control Devices › Section 89-04-07-05 - Inspection

Current through Supplement No. 393, July, 2024
All ponds, including those not meeting the size or other
				  criteria of this chapter, shall be examined by the state engineer for
				  structural weakness, erosion, and other hazardous conditions.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-07 - Requirements for Sediment Control Devices › Section 89-04-07-06 - Discharge structures

Current through Supplement No. 393, July, 2024
Discharges from sedimentation ponds and diversions shall be
				  controlled where necessary using energy dissipators, surge ponds, and other
				  devices to reduce erosion and prevent deepening or enlargement of stream
				  channels and to minimize disturbances to the hydrologic balance.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-08 - Ground Water Protection › Section 89-04-08-01 - Monitoring

Current through Supplement No. 393, July, 2024
Ground water levels, infiltration rates, subsurface flow and
				  storage characteristics, and the quality of ground water shall be monitored in
				  a manner approved by the state engineer to determine the effects of surface
				  coal mining and reclamation operations on the recharge capacity of reclaimed
				  lands and on the quantity of water in ground water systems at the mine area and
				  in associated offsite areas. When operations are conducted in such a manner
				  that may affect the ground water system, ground water levels shall be
				  periodically monitored using wells than can adequately reflect changes in
				  ground water quantity resulting from such operations. Sufficient water wells
				  must be used by the permittee. The state engineer may require drilling and
				  development of additional wells if needed to adequately monitor the ground
				  water system. As specified and approved by the state engineer, additional
				  hydrologic tests, such as infiltration tests and aquifer tests, must be
				  undertaken by the permittee.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-09 - Permanent Impoundments › Section 89-04-09-01 - Requirements for permanent impoundments

Current through Supplement No. 393, July, 2024
The permittee may construct, if authorized by the state
				  engineer pursuant to this chapter, permanent water impoundments on mining sites
				  as a part of reclamation activities only when they are adequately demonstrated
				  to be in compliance with applicable state statutes and regulations in addition
				  to the following requirements:
1. The
				size of the impoundment is adequate for its intended purposes.
2. The impoundment dam construction is
				designed to achieve necessary stability with an adequate margin of safety
				compatible with that of structures constructed under the Watershed Protection
				and Flood Prevention Act ( Pub. L. 83-566,
				16 U.S.C.
				1006 ).
3. The level of water will be reasonable
				stable.
4. Final grading will
				provide adequate safety and access for proposed water users.
5. Water impoundments will not result in the
				diminution of the quantity of water used by adjacent or surrounding landowners
				for agricultural, industrial, recreational, or domestic uses.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-10 - Dams Constructed of or Impounding Waste Material › Section 89-04-10-01 - General

Current through Supplement No. 393, July, 2024
No waste material shall be used in or impounded by existing
				  or new dams without the approval of the state engineer. The permittee shall
				  design, locate, construct, operate, maintain, modify, and abandon or remove all
				  dams (used either temporarily or permanently) constructed of waste materials,
				  in accordance with the requirements of this chapter.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-10 - Dams Constructed of or Impounding Waste Material › Section 89-04-10-03 - Inspection

Current through Supplement No. 393, July, 2024
All dams shall be routinely inspected by a registered
				  professional engineer, or someone under the supervision of a registered
				  professional engineer.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-10 - Dams Constructed of or Impounding Waste Material › Section 89-04-10-04 - Maintenance

Current through Supplement No. 393, July, 2024
All dams shall be routinely maintained. Vegetative growth
				  shall be cut where necessary to facilitate inspection and repairs. Ditches and
				  spillways shall be cleaned. Any combustible materials present on the surface,
				  other than that used for surface stability such as mulch or dry vegetation,
				  shall be removed. Any other appropriate maintenance procedures necessary, as
				  determined by the state engineer, shall be followed.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-10 - Dams Constructed of or Impounding Waste Material › Section 89-04-10-05 - Certification

Current through Supplement No. 393, July, 2024
All dams subject to this chapter shall be certified annually
				  as having been constructed and modified in accordance with current prudent
				  engineering practices to minimize the possibility of failures. Any changes in
				  the geometry of the impounding structure shall be highlighted and included in
				  the annual certification report. These certifications shall include a report on
				  existing and required monitoring procedures and instrumentation, the average
				  and maximum depths and elevations of any impounded structures, any fires
				  occurring in the material over the past year, and any other aspects of the
				  structures affecting their stability.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-10 - Dams Constructed of or Impounding Waste Material › Section 89-04-10-06 - Modification

Current through Supplement No. 393, July, 2024
Any enlargements, reductions in size, reconstruction, or
				  other modification of the dams shall be approved by the state engineer before
				  construction begins.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14
North Dakota Administrative Code › Title 89 - Water Commission › Article 89-04 - Water Management Plans for Surface Coal Mining Operations › Chapter 89-04-11 - Protection of Water Rights › Section 89-04-11-01 - Water rights and replacement

Current through Supplement No. 393, July, 2024
The permittee shall forthwith replace both the quantity and
				  quality of the water supply of an owner of interest in real property who
				  obtains all or part of the owner's supply of water for domestic, agricultural,
				  industrial, or other legitimate use from an underground or surface source where
				  such supply has been affected by contamination, diminution, or interruption
				  proximately resulting from surface coal mine operation by the permittee. Upon
				  receipt of a complaint by such owner that the owner's water supply has been so
				  affected, the state engineer, upon making a determination thereon, shall issue
				  an order for the permittee to replace such water supply.
General Authority:
NDCC 28-32-02, 61-02-11,
				  61-03-13
Law Implemented:
NDCC 61-02-14, 61-04-30