25.1264.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Representatives D. Johnston, Heilman, Hendrix, Koppelman, Nehring, VanWinkle
Senator Wobbema
A BILL for an Act to amend and reenact sections 61-32-03 and 61-32-03.3 of the North Dakota
Century Code, relating to drainage permits.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 61-32-03 of the North Dakota Century Code is
amended and reenacted as follows:
61-32-03. Permit to drain waters required - Penalty.
1.Any person, before draining a pond, slough, lake, or sheetwater, or any series thereof,
which has a watershed area comprising eighty acres [32.37 hectares] or more, shall
first secure a drainage permit to do so. Any person, before draining a pond, slough,
lake, or sheetwater, which has a watershed area comprising less than eighty acres
[32.37 hectares] but from which the drainage flows directly onto the property of
another landowner without first obtaining prior written consent from the downstream
landowner, shall first secure a drainage permit.
2.The permit application must be submitted to the department of water resources. The
department shall refer the application to the water resource district or districts within
which is found a majority of the watershed or drainage area of the pond, slough, lake,
or sheetwater for consideration and approval, but the department may require
applications proposing drainage of statewide or interdistrict significance be returned to
the department for final approval.
3.A permit may not be granted until an investigation discloses the quantity of water
which will be drained from the pond, slough, lake, or sheetwater, or any series of those
water bodies, will not flood or adversely affect downstream lands. If the investigation
shows the proposed drainage will flood or adversely affect lands of downstream
landowners, the water resource board may not issue a permit until flowage easements
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HOUSE BILL NO. 1544
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are obtained. The flowage easements must be filed for record in the office of the
recorder of the county or counties in which the lands are situated. An owner of land
proposing to drain shall undertake and agree to pay the expenses incurred in making
the required investigation. This section does not apply to the construction or
maintenance of any existing or prospective drain constructed under the supervision of
a state or federal agency, as determined by the department of water resources.
4.Any person draining, or causing to be drained, a pond, slough, lake, or sheetwater, or
any series of those water bodies, which has a watershed area comprising eighty acres
[32.37 hectares] or more, without first securing a permit to do so, as provided by this
section, is liable for all damage sustained by any person caused by the draining, and
is guilty of an infraction. As used in this section, sheetwater means shallow water that
floods land not normally subject to standing water. The department of water resources
may adopt rules for temporary permits for emergency drainage.
SECTION 2. AMENDMENT. Section 61-32-03.3 of the North Dakota Century Code is
amended and reenacted as follows:
61-32-03.3. Smaller subsurface water management systems - Notification and
conditions - Penalty.
1.A person may not install a subsurface water management system comprising less than
eighty acres [32.37 hectares] of land area until the person has notified the board of the
water resource district within which is found a majority of the land area of the system
and, if the planned subsurface water management system will flow onto the property
of a downstream landowner, all affected downstream landowners of the following
information:
a.The system's total acreage and legal description of the land being drained;
b.The outlet locations and types; and
c.The flow direction from each outlet location.
2.A person required to notify the board and downstream landowners under subsection 1
shall install the subsurface water management system such that:
a.Pump and control structures at pump outlets are installed no closer than
twenty-five feet [7.62 meters] from the top of the back slope of an assessment
drain;
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b.Proper erosion controls are installed and maintained at all outlets; and
c.Pumps and control structures at project outlets are closed or turned off during
critical flood periods.
3.a.A person seeking to install a subsurface water management system under this
section which is required to provide notice to a downstream landowner under
subsection 1 shall provide the notice through certified mail with a proof of delivery
signed by the downstream landowner.
b.The downstream landowner has sixty days from the receipt of the notice to
deliver a written objection to the person seeking to install the subsurface water
management system and the board of the water resource district in which the
majority of the land subject to the planned system is located.
c.If the downstream landowner:
(1)Fails to timely deliver the written objection, the person may install the
subsurface water management system.
(2)Timely delivers the written objection, the water resource district in which the
majority of the land subject to the planned system is located shall require
the person to complete and file a permit application as required under
section 61 - 32 - 03.1.
d.Upon receipt of the permit application, the water resource district shall review,
analyze, and issue permits in the same manner as provided under section
61 - 32 - 03.1.
4.If a subsurface water management system for which notification is required under
subsection 1 will discharge into the watershed area of an assessment drain, the water
resource board that receives the notice may require the relevant property to be
included in the assessment district for the assessment drain in accordance with the
benefits the property receives, provided the property is not assessed already for the
assessment drain. The water resource district also may include the property in the
assessment district and determine the benefits and assessment amounts under
chapters 61-21 and 61-16.1, without conducting the reassessment of benefit
proceedings under sections 61-21-44 and 61-16.1-26, provided the property is not
assessed already for the assessment drain.
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4.5.The board of the water resource district within which the subsurface water
management system is located may order the system's owner or operator to bring the
system into compliance with subsection 2 if the board finds the system violates that
subsection.
5.6.A person that violates this section is guilty of an infraction.
6.7.This section applies only to subsurface water management systems that drain, in
whole or in part, platted or unplatted lands used for raising agricultural crops or
grazing farm animals.
7.8.This section does not apply to a subsurface water management system that
discharges into a body of water completely encompassed by land owned by the
person that owns the land drained by the system.
8.9.The information that must be provided to a board of a water resource district under this
section is an exempt record under section 44-04-18.
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