§ 61-04-24 — Cancellation of water rights - Notice - Contents

1. If it appears any water appropriation or portion of an appropriation has not been used
for a beneficial use, or having been so used at one time has ceased to be used for that
purpose for more than three successive years, unless the failure or cessation of use is
due to the unavailability of water, a justifiable inability to complete the works, or other
good and sufficient cause, the department of water resources shall give notice of
cancellation by certified mail to the permitholder and to the owners of land benefited by
the appropriation as indicated on the water permit.
2. The notice must contain:
a. A description of the water appropriation.
b. The permit number.
c. The date of priority.
d. All points of diversion.
e. A description of all land benefited by the appropriation as indicated on the water
permit.
f. Notification a notice of cancellation will be published in the county newspaper of
record indicating when written comments on the cancellation must be submitted
to the department for consideration.
3. The department shall publish a notice of cancellation in the official newspaper of the
counties in which each point of diversion is located once each week for
two consecutive weeks. The notice of cancellation must include the name and address
of the permitholder, a description of the water appropriation, the permit number, the
priority date, the location of all points of diversion, and a description of all land
benefited by the appropriation as indicated on the water permit. The notice must state
a person that files written comments with the department will be mailed the
department's final decision on cancellation.

4. The department shall pay the notice of cancellation publication costs.