§ 61-04-02 — Permit for beneficial use of water required

Any person, before commencing any construction for the purpose of appropriating waters of
the state or before taking waters of the state from any constructed works, shall first secure a
water permit from the department of water resources unless the construction or taking from the
constructed works is for domestic or livestock purposes or for fish, wildlife, and other
recreational uses or unless otherwise provided by law. However, immediately upon completing
any constructed works for domestic or livestock purposes or for fish, wildlife, and other
recreational uses, the water user shall notify the department of water resources of the location
and acre-feet [1233.48 cubic meters] capacity of the constructed works, dams, or dugouts.
Regardless of proposed use, all water users, except those reusing fossil byproduct water, shall
secure a water permit prior to constructing an impoundment capable of retaining more than
twelve and one-half acre-feet [15418.52 cubic meters] of water or the construction of a well from
which more than twelve and one-half acre-feet [15418.52 cubic meters] of water per year will be
appropriated. If a permit is not required of a landowner or the landowner's lessee to appropriate
less than twelve and one-half acre-feet [15418.52 cubic meters] of water from any source for
domestic or livestock purposes or for fish, wildlife, and other recreational uses, those
appropriators may apply for water permits to clearly establish a priority date, and the department
of water resources may waive any fee or hearing for the applications. An applicant for a water
permit to irrigate need not be the owner of the land to be irrigated.