North Dakota Code 61-04-01.1 – Definitions
In this chapter, unless the context or subject matter otherwise requires:
Terms Used In North Dakota Code 61-04-01.1
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
1. “Adjudicative proceeding” means an appeal under chapter 28-32 of a recommended decision prepared by the director of the department of water resources for a water permit application.
2. “Assignment” means the change of a water permit from one permitholder to another permitholder.
3. “Beneficial use” means a use of water for a purpose consistent with the best interests of the people of the state.
4. “Commission” means the state water commission.
5. “Conditional water permit” means a water permit that has not been perfected.
6. “Domestic use” means the use of water by at least one family unit or household obtaining water from the same system for personal needs and for household purposes, including heating, drinking, washing, sanitary, and culinary uses; irrigation of land not exceeding five acres [2.0 hectares] in area for each family unit or household for noncommercial gardens, orchards, lawns, trees, or shrubbery; and for household pets and domestic animals kept for household sustenance and not for sale or commercial use.
7. “Fish, wildlife, and other recreational uses” means the use of water for the purposes of propagating and sustaining fish and wildlife resources and for the development and maintenance of water areas necessary for outdoor recreation activities.
8. “Fossil byproduct water” means water obtained as a byproduct of extraction and separation from oil, gas, and other hydrocarbons, from a formation that is both not a potable aquifer at the extraction location and is situated below the deepest potable aquifer by the practically impermeable layer.
9. “Industrial use” means the use of water for the furtherance of a commercial enterprise wherever located, including manufacturing, mining, or processing.
10. “Irrigation use” means the use of water for application to more than five acres [2.0 hectares] of land to stimulate the growth of agricultural crops, including gardens, orchards, lawns, trees, or shrubbery, or the maintenance of recreation areas such as athletic fields, golf courses, parks, and similar types of areas, except when the water for the facility is provided by a municipal water system.
11. “Livestock use” means the use of water for drinking purposes by herds, flocks, or bands of animals kept for commercial purposes.
12. “Municipal or public use” means the use of water by the state through its political subdivisions, institutions, facilities, and properties, and the inhabitants thereof, or by unincorporated communities, subdivision developments, rural water systems, and other entities, whether supplied by the government or by a privately owned public utility or other agency or entity, for primarily domestic purposes, as defined herein.
13. “Party of record” means a person who filed written comments by the date specified under subsection 5 of section 61-04-05.
14. “Perfected water permit” means a water permit where the water appropriated under a conditional water permit has been applied to a beneficial use and the department of water resources has inspected the works to verify all conditions have been met.
15. “Permitholder” means the name of the entity holding a water permit.
16. “Point of diversion” means the tract of land where the waters of the state are withdrawn or diverted.
17. “Priority date” means the date assigned to an application or water right.
18. “Public hearing” means an administrative proceeding, not an adjudicative proceeding, which provides all interested persons an opportunity to present oral or written comments on a water permit application.
19. “Rural water system” means a water supply system designed to serve regional needs.
20. “Water of the state” or “waters of the state” means those waters identified in section 61-01-01.
21. “Water right” means the right established under this title to appropriate or store waters of the state.