North Dakota 2023-2024 Regular Session

North Dakota House Bill HB1076

Introduced
1/3/23  
Refer
1/3/23  
Report Pass
1/12/23  
Engrossed
1/17/23  
Refer
2/10/23  
Report Pass
3/17/23  
Enrolled
3/23/23  

Caption

AN ACT to amend and reenact section 61-16.1-38 of the North Dakota Century Code relating to the department of water resources authority regarding water permit thresholds for dikes, dams, and other devices; and to provide a penalty.

Impact

If enacted, this bill would specifically regulate the construction of various water management structures, setting explicit criteria for permit acquisition based on the water capacity and hazard level of the project. The intent is to streamline the permitting process while ensuring the integrity and safety of structures that affect water flow and resource management. It is expected to affect local jurisdictions that deal with flood control and water management, placing the Department of Water Resources in a pivotal role in overseeing these constructions to prevent potential hazards and maintain environmental standards.

Summary

House Bill 1076 seeks to amend and reenact section 61-16.1-38 of the North Dakota Century Code, which pertains to the authority of the Department of Water Resources regarding water permit thresholds necessary for the construction or modification of dikes, dams, and other water-related devices. The bill clarifies the thresholds for which a permit is required, particularly for low-hazard and medium to high-hazard dams, stipulating conditions under which these permits must be sought. The adjustments are aimed at maintaining safe water management practices while allowing for necessary construction related to flood control and water conservation.

Sentiment

The sentiment surrounding HB 1076 appears to be largely supportive among legislators, as indicated by a unanimous vote of 45 in favor with no opposition. This reflects a shared concern for ensuring effective flood control and responsible water resource management within the state. However, there may be underlying concerns about the balance between regulatory oversight and local autonomy in managing water-related construction, though these were not overtly contested in the current discussion, as the bill received wide bipartisan support.

Contention

Despite the unanimous support, potential points of contention may arise concerning the specifics of the permitting process and how it might impact local governance. Critics may argue that while streamlining permits can enhance safety and efficiency, it could also limit local authorities' ability to respond to unique regional needs regarding water management. Thus, while the bill aims to strengthen the regulatory framework, it might also stir discussions about the adequacy of local representation in water resource decisions.

Companion Bills

No companion bills found.

Previously Filed As

ND HB1385

Deadlines for permits issued by the department of water resources.

ND HB1041

Removal of a noncomplying dike, dam, or other device.

ND HB1073

The department of water resources authority to require operating plans for dams.

ND SB2059

Hearing and appeals processes of the department of water resources.

ND SB277

AN ACT relating to water resources.

ND HB597

AN ACT relating to water resources.

ND SB2629

Waters of the state; bring forward code sections for possible amendment.

ND SB2036

Water resource districts, water resource boards, assessment procedures and requirements, and drains.

ND AB487

Department of Water Resources: dams and reservoirs: fees and penalty plus interest.

ND HB2114

Authorizing the chief engineer to adopt rules and regulations under the watershed district act and concerning fees and inspections of dams.

Similar Bills

No similar bills found.