§ 61-04-05.1 — Comments - Hearing

North Dakota § 61-04-05.1

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-04: Appropriation of Water

Text

1. Comments regarding a proposed appropriation must be in writing and filed by the date
specified by the department of water resources under subsection 5 of section
61-04-05. The comments must state the name and mailing address of the person filing
the comments. Comment letters submitted electronically must state the name and

mailing address of the person filing the comments, and must be signed by the
submitter to be considered valid and part of the official record.
2. A person filing written comments also may request a public hearing for the department
to obtain additional information to evaluate the application or to receive public input by
the date specified by the department of water resources under subsection 5 of section
61-04-05. If a request for a public hearing is made and the department determines a
public hearing is necessary, the department shall designate a time and place for the
public hearing and notify the applicant and any person who filed written comments by
certified mail at least twenty days before the hearing.
3. If two or more municipal or public use permitholders request the public hearing to be
held locally, the department of water resources shall hold the hearing in the county
seat of the county in which the proposed water appropriation site is located.
4. The department of water resources shall consider all written comments received and
testimony presented at a public hearing, if held, and shall make a recommended
decision in writing. The recommended decision must be mailed to the applicant and
any party of record and may constitute:
a. Approval of all or a portion of the application, with the remainder held in abeyance
or denied;
b. Denial of the application; or
c. Deferral of the application.
5. Within thirty days of service of the recommended decision, the applicant and any party
of record who would be aggrieved by the decision may file additional written comments
with the department of water resources or request an adjudicative proceeding on the
application, or both. A request for an adjudicative proceeding must be made in writing
and must state with particularity how the person would be aggrieved by the decision
and the issues and facts to be presented at the proceeding. If a request for an
adjudicative proceeding is not made, the department shall consider the additional
comments, if any are submitted, and issue a final decision. If a request for an
adjudicative proceeding is made and the department determines an adjudicative
proceeding is necessary, the department shall designate a time and place for the
adjudicative proceeding and notify the applicant and any person who filed written
comments by certified mail at least twenty days before the hearing.