The bill amends section 61-01-06 of the North Dakota Century Code, which pertains to the definitions and determinations of watercourses and waterways. It clarifies that a watercourse is recognized legally if there is a sufficient natural flow of water that creates and maintains a distinct channel, regardless of whether the water supply is continuous or from a perennial source. The previous requirement for a water resource board to request a determination from the department of water resources has been removed.
Additionally, the bill introduces a new provision allowing individuals who are aggrieved by a watercourse determination made by a state agency or political subdivision to request a review from the department of water resources. This review process ensures that the department will assess the determination and decide if a watercourse is constituted. Furthermore, it establishes that individuals can appeal decisions made by the department under section 61-03-22. The bill also defines "waterway" as a natural geologic feature that conveys surface water over land.
Statutes affected: INTRODUCED: 61-01-06
PREFILED: 61-01-06