North Dakota House Bill HB1544

North Dakota 2025-2026 Regular Session

• Introduced: 1/20/25
• Refer: 1/20/25
• Report DNP: 2/13/25

Caption

Drainage permits.

Impact

This bill significantly impacts current legislation on water resource management and drainage in North Dakota. It introduces a structured process for obtaining permits, which includes investigations to ascertain potential flooding risks. The Water Resource Board holds the authority to deny permits if investigations reveal possible harm to downstream landowners. By centralizing the permitting process, the bill seeks to standardize procedures and enforce regulations designed to protect both landowners' rights and environmental sustainability.

Summary

House Bill 1544 proposes amendments to the existing drainage permit requirements within the North Dakota Century Code, specifically sections concerning the management and drainage of water bodies that exceed specified watershed areas. The bill mandates that anyone intending to drain a pond, lake, or similar water body with an area of eighty acres or more must first secure a drainage permit. This requirement aims to prevent unregulated drainage that could lead to flooding or adverse effects on downstream properties, thereby aiming to enhance water resource management in the state.

Conclusion

In summary, HB1544 aims to fortify water management regulations while considering the rights and protections of both upstream and downstream landowners. The bill's passage could help mitigate flooding risks and environmental impacts associated with improper drainage practices, aligning state laws with the necessity for responsible land and water use.

Contention

Notable points of contention regarding HB1544 could arise from property owners concerned about the limitations placed upon their ability to manage drainage on their land. Agricultural stakeholders, who often utilize drainage systems for crop production, may be particularly vocal about the potential bureaucratic burden introduced by the permit requirements. Additionally, the provisions for notifying downstream landowners and the need for obtaining flowage easements could lead to disputes among landowners regarding water rights and environmental responsibilities.