North Dakota Code 61-28-09 – Water transfers used to control flooding exempt
1. An action may not be brought under either chapter 32-40 or 61-28 against an owner or operator of a water transfer used to control flooding for violation of the state‘s water pollution control laws if the water transfer:
Terms Used In North Dakota Code 61-28-09
- 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
a. Does not require a national pollutant discharge elimination system permit; and
b. Complies with the conditions in the state’s water quality standards established to protect aquatic life.
2. For purposes of this section, “water transfer” means an activity that conveys or connects waters of the state without subjecting the transferred water to intervening industrial, municipal, or commercial use.
3. The exemption in subsection 1 does not apply to pollutants introduced by the water transfer activity itself to the water being transferred.
4. The owner or operator of a water transfer falling within this exemption must notify the department before beginning operations.