The bill amends and reenacts several sections of the North Dakota Century Code concerning the hearing and appeals processes of the Department of Water Resources. Key changes include the requirement for written comments regarding proposed appropriations to include the name and mailing address of the submitter, and for electronic submissions to be signed to be valid. Additionally, the bill specifies that notifications for public hearings and adjudicative proceedings must be sent by certified mail at least twenty days prior to the event. It also clarifies that if multiple municipal or public use permitholders request a local hearing, it must be held in the county seat of the proposed water appropriation site.
Further amendments address the appeal process for decisions made by the board regarding noncomplying dams, dikes, and drains. The bill establishes that if the Department of Water Resources dismisses a complaint, it must notify all parties of record and include the investigation report. It also allows any aggrieved party to request a hearing and appeal the department's decision to district court, with a hearing being a prerequisite for an appeal. The bill outlines the procedures for assessing costs related to the removal or closure of noncompliant structures, ensuring that costs can be allocated on a pro rata basis if multiple parties are responsible.
Statutes affected: PREFILED: 61-04-05.1, 61-16.1-53.1, 61-32-08
Enrollment: 61-04-05.1, 61-16.1-53.1, 61-32-08
INTRODUCED: 61-04-05.1, 61-16.1-53.1, 61-32-08