§ 61-04-23 — Cancellation of water rights - Inspection of works

Any appropriation of water must be for a beneficial use, and when the appropriator fails to
apply it to the beneficial use cited in the permit or ceases to use it for the beneficial use cited in
the permit for three successive years, unless the failure or cessation of use has been due to the
unavailability of water, a justifiable inability to complete the works, or other good and sufficient
cause, the department of water resources may cancel the water permit or right. For purposes of
this chapter, an incorporated municipality or rural water system has good and sufficient cause
excusing the failure to use a water permit, if the water permit reasonably may be necessary for
the future water requirements of the municipality or the rural water system. The department of
water resources, as often as necessary, shall examine the condition of all works constructed or
partially constructed within the state and compile information concerning the condition of every
water permit or right and all ditches and other works constructed or partially constructed under
the permit or right.