§ 61-28-09 — Water transfers used to control flooding exempt

1. An action may not be brought under either chapter 32-40 or 61-28 against an owner or
operator of a water transfer used to control flooding for violation of the state's water
pollution control laws if the water transfer:
a. Does not require a national pollutant discharge elimination system permit; and
b. Complies with the conditions in the state's water quality standards established to
protect aquatic life.
2. For purposes of this section, "water transfer" means an activity that conveys or
connects waters of the state without subjecting the transferred water to intervening
industrial, municipal, or commercial use.
3. The exemption in subsection 1 does not apply to pollutants introduced by the water
transfer activity itself to the water being transferred.
4. The owner or operator of a water transfer falling within this exemption must notify the
department before beginning operations.