North Dakota § 61-32-03 Permit to drain waters required - Penalty

North Dakota Statutes

§ 61-32-03 — Permit to drain waters required - Penalty

North Dakota § 61-32-03

Title 61Waters

Ch. 61-32Drainage

This text of North Dakota § 61-32-03 (Permit to drain waters required - Penalty) 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 § 61-32-03 (2026).

Text

Any person, before draining a pond, slough, lake, or sheetwater, or any series thereof,
which has a watershed area comprising eighty acres [32.37 hectares] or more, shall first secure
a permit to do so. The permit application must be submitted to the department of water
resources. The department shall refer the application to the water resource district or districts
within which is found a majority of the watershed or drainage area of the pond, slough, lake, or
sheetwater for consideration and approval, but the department may require applications
proposing drainage of statewide or interdistrict significance be returned to the department for
final approval. A permit may not be granted until an investigation discloses the quantity of water
which will be drained from the pond, slough, lake, o

Free access — add to your briefcase to read the full text and ask questions with AI

Any person, before draining a pond, slough, lake, or sheetwater, or any series thereof,
which has a watershed area comprising eighty acres [32.37 hectares] or more, shall first secure
a permit to do so. The permit application must be submitted to the department of water
resources. The department shall refer the application to the water resource district or districts
within which is found a majority of the watershed or drainage area of the pond, slough, lake, or
sheetwater for consideration and approval, but the department may require applications
proposing drainage of statewide or interdistrict significance be returned to the department for
final approval. A permit may not be granted until an investigation discloses the quantity of water
which will be drained from the pond, slough, lake, or sheetwater, or any series of those water
bodies, will not flood or adversely affect downstream lands. If the investigation shows the
proposed drainage will flood or adversely affect lands of downstream landowners, the water
resource board may not issue a permit until flowage easements are obtained. The flowage
easements must be filed for record in the office of the recorder of the county or counties in
which the lands are situated. An owner of land proposing to drain shall undertake and agree to
pay the expenses incurred in making the required investigation. This section does not apply to
the construction or maintenance of any existing or prospective drain constructed under the
supervision of a state or federal agency, as determined by the department of water resources.
Any person draining, or causing to be drained, a pond, slough, lake, or sheetwater, or any
series of those water bodies, which has a watershed area comprising eighty acres [32.37
hectares] or more, without first securing a permit to do so, as provided by this section, is liable
for all damage sustained by any person caused by the draining, and is guilty of an infraction. As
used in this section, sheetwater means shallow water that floods land not normally subject to
standing water. The department of water resources may adopt rules for temporary permits for
emergency drainage.