Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2044
(Energy and Natural Resources Committee)
(At the request of the Department of Water Resources)
AN ACT to amend and reenact section 61-01-06 of the North Dakota Century Code, relating to
watercourse determinations.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 61-01-06 of the North Dakota Century Code is amended and
reenacted as follows:
61-01-06. Watercourse and waterway - Definitions.
1.A watercourse entitled to the protection of the law is constituted if there is a sufficient natural
and accustomed flow of water to form and maintain a distinct and a defined channel. The
supply of water is not required to be continuous or from a perennial living source. The criteria
for constituting a watercourse are satisfied if the flow arises periodically from natural causes
and reaches a plainly defined channel of a permanent character. If requested by a water
resource board, the department of water resources shall determine whether a watercourse is
constituted.
2.A person aggrieved by a watercourse determination made by a state agency or a political
subdivision of the state may request the department of water resources review the
determination. Upon request, the department of water resources shall review the state agency
or political subdivision determination and determine whether a watercourse is constituted. A
person aggrieved by a department of water resources determination may file an appeal under
section 61 - 03 - 22.
3.For purposes of this title, unless the context otherwise requires, "waterway" means a natural,
geologic feature that conveys surface water over land. S. B. NO. 2044 - PAGE 2
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2044.
Senate Vote:Yeas 47 Nays 0 Absent 0
House Vote: Yeas 91 Nays 1 Absent 2
____________________________
Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State