North Dakota § 61-04-06.3 Priority

North Dakota Statutes

§ 61-04-06.3 — Priority

North Dakota § 61-04-06.3

Title 61Waters

Ch. 61-04Appropriation of Water

This text of North Dakota § 61-04-06.3 (Priority) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 61-04-06.3 (2026).

Text

Priority in time gives the superior water right. Priority of a water right acquired under this
chapter dates from the filing of an application with the department of water resources, except for
water applied to domestic or livestock purposes, or fish, wildlife, and other recreational uses in
which case the priority date must relate back to the date when the quantity of water in question
was first appropriated, unless otherwise provided by law.
Priority of appropriation does not include the right to prevent changes in the condition of
water occurrence, such as the increase or decrease of streamflow, or the lowering of a water
table, artesian pressure, or water level, by later appropriators, if the prior appropriator can
acquire reasonably the prior appropriator's water under the changed con

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Priority in time gives the superior water right. Priority of a water right acquired under this
chapter dates from the filing of an application with the department of water resources, except for
water applied to domestic or livestock purposes, or fish, wildlife, and other recreational uses in
which case the priority date must relate back to the date when the quantity of water in question
was first appropriated, unless otherwise provided by law.
Priority of appropriation does not include the right to prevent changes in the condition of
water occurrence, such as the increase or decrease of streamflow, or the lowering of a water
table, artesian pressure, or water level, by later appropriators, if the prior appropriator can
acquire reasonably the prior appropriator's water under the changed conditions.