§ 61-04-06 — Criteria for issuance of permit

1. The department of water resources shall issue a permit if the department finds all of
the following:
a. The rights of a prior appropriator will not be unduly affected.
b. The proposed means of diversion or construction are adequate.
c. The proposed use of water is beneficial.
d. The proposed appropriation is in the public interest. In determining the public
interest, the department shall consider all of the following:
(1) The benefit to the applicant resulting from the proposed appropriation.
(2) The effect of the economic activity resulting from the proposed
appropriation.
(3) The effect on fish and game resources and public recreational opportunities.
(4) The effect of loss of alternate uses of water that might be made within a
reasonable time if not precluded or hindered by the proposed appropriation.
(5) Harm to other persons resulting from the proposed appropriation.
(6) The intent and ability of the applicant to complete the appropriation.
2. Subsection 1 of section 28-32-38 does not apply to water permit application
proceedings unless a request for an adjudicative proceeding is made. If an application
is approved, the department of water resources shall issue a conditional water permit
allowing the applicant to appropriate water. However, the commission, by resolution,
may reserve unto itself final approval authority over any specific water permit in excess
of five thousand acre-feet [6167409.19 cubic meters].