§ 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.
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.