North Dakota Code 61-04-06 – Criteria for issuance of permit
1. The department of water resources shall issue a permit if the department finds all of the following:
Terms Used In North Dakota Code 61-04-06
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
a. The rights of a prior appropriator will not be unduly affected.
b. The proposed means of diversion or construction are adequate. c. The proposed use of water is beneficial.
d. The proposed appropriation is in the public interest. In determining the public interest, the department shall consider all of the following:
(1) The benefit to the applicant resulting from the proposed appropriation.
(2) The effect of the economic activity resulting from the proposed appropriation.
(3) The effect on fish and game resources and public recreational opportunities. (4) The effect of loss of alternate uses of water that might be made within a reasonable time if not precluded or hindered by the proposed appropriation. (5) Harm to other persons resulting from the proposed appropriation.
(6) The intent and ability of the applicant to complete the appropriation.
2. Subsection 1 of section 28-32-38 does not apply to water permit application proceedings unless a request for an adjudicative proceeding is made. If an application is approved, the department of water resources shall issue a conditional water permit allowing the applicant to appropriate water. However, the commission, by resolution, may reserve unto itself final approval authority over any specific water permit in excess of five thousand acre-feet [6167409.19 cubic meters].