North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2044 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Sixty-ninth Legislative Assembly of North Dakota
2		-	In Regular Session Commencing Tuesday, January 7, 2025
	1	+	25.8009.01000
	2	+	Sixty-ninth
	3	+	Legislative Assembly
	4	+	of North Dakota
	5	+	Introduced by
	6	+	Energy and Natural Resources Committee
	7	+	(At the request of the Department of Water Resources)
	8	+	A BILL for an Act to amend and reenact section 61-01-06 of the North Dakota Century Code,
	9	+	relating to watercourse determinations.
	10	+	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
	11	+	SECTION 1. AMENDMENT. Section 61-01-06 of the North Dakota Century Code is
	12	+	amended and reenacted as follows:
	13	+	61-01-06. Watercourse and waterway - Definitions.
	14	+	1.A watercourse entitled to the protection of the law is constituted if there is a sufficient
	15	+	natural and accustomed flow of water to form and maintain a distinct and a defined
	16	+	channel. The supply of water is not required to be continuous or from a perennial living
	17	+	source. The criteria for constituting a watercourse are satisfied if the flow arises
	18	+	periodically from natural causes and reaches a plainly defined channel of a permanent
	19	+	character. If requested by a water resource board, the department of water resources
	20	+	shall determine whether a watercourse is constituted.
	21	+	2.A person aggrieved by a watercourse determination made by a state agency or a
	22	+	political subdivision of the state may request the department of water resources review
	23	+	the determination. Upon request, the department of water resources shall review the
	24	+	state agency or political subdivision determination and determine whether a
	25	+	watercourse is constituted. A person aggrieved by a department of water resources
	26	+	determination may file an appeal under section 61 - 03 - 22.
	27	+	3.For purposes of this title, unless the context otherwise requires, "waterway" means a
	28	+	natural, geologic feature that conveys surface water over land.
	29	+	Page No. 1 25.8009.01000
3	30		SENATE BILL NO. 2044
4		-	(Energy and Natural Resources Committee)
5		-	(At the request of the Department of Water Resources)
6		-	AN ACT to amend and reenact section 61-01-06 of the North Dakota Century Code, relating to
7		-	watercourse determinations.
8		-	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9		-	SECTION 1. AMENDMENT. Section 61-01-06 of the North Dakota Century Code is amended and
10		-	reenacted as follows:
11		-	61-01-06. Watercourse and waterway - Definitions.
12		-	1.A watercourse entitled to the protection of the law is constituted if there is a sufficient natural
13		-	and accustomed flow of water to form and maintain a distinct and a defined channel. The
14		-	supply of water is not required to be continuous or from a perennial living source. The criteria
15		-	for constituting a watercourse are satisfied if the flow arises periodically from natural causes
16		-	and reaches a plainly defined channel of a permanent character. If requested by a water
17		-	resource board, the department of water resources shall determine whether a watercourse is
18		-	constituted.
19		-	2.A person aggrieved by a watercourse determination made by a state agency or a political
20		-	subdivision of the state may request the department of water resources review the
21		-	determination. Upon request, the department of water resources shall review the state agency
22		-	or political subdivision determination and determine whether a watercourse is constituted. A
23		-	person aggrieved by a department of water resources determination may file an appeal under
24		-	section 61 - 03 - 22.
25		-	3.For purposes of this title, unless the context otherwise requires, "waterway" means a natural,
26		-	geologic feature that conveys surface water over land. S. B. NO. 2044 - PAGE 2
27		-	____________________________ ____________________________
28		-	President of the Senate Speaker of the House
29		-	____________________________ ____________________________
30		-	Secretary of the Senate Chief Clerk of the House
31		-	This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
32		-	Dakota and is known on the records of that body as Senate Bill No. 2044.
33		-	Senate Vote:Yeas 47 Nays 0 Absent 0
34		-	House Vote: Yeas 91 Nays 1 Absent 2
35		-	____________________________
36		-	Secretary of the Senate
37		-	Received by the Governor at ________M. on _____________________________________, 2025.
38		-	Approved at ________M. on __________________________________________________, 2025.
39		-	____________________________
40		-	Governor
41		-	Filed in this office this ___________day of _______________________________________, 2025,
42		-	at ________ o’clock ________M.
43		-	____________________________
44		-	Secretary of State
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