This bill proposes the creation of a new section in chapter 47-05 of the North Dakota Century Code, specifically addressing nonfederal easements granted on wetland areas. It establishes that before a property owner can grant an easement within a wetland to any nonfederal entity, they must first request a determination of the ordinary high water mark from the Department of Water Resources or the appropriate federal agency. Additionally, easement holders who obtained easements prior to August 1, 2025, are also required to obtain this determination.

Furthermore, once the ordinary high water mark is established, the easement holder must record the easement, the determination, and a map of the easement area with the county recorder. The bill also stipulates that if water levels exceed the ordinary high water mark within the easement area, the easement holder will be liable for civil damages to individuals affected by water flow that damages crops, roads, railroad infrastructure, and private property.