Appropriation of Water (North Dakota)

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Last modified on February 12, 2015.

EZFeed Policy

Place North Dakota

Name Appropriation of Water (North Dakota)
Policy Category Other Policy
Policy Type Siting and Permitting
Affected Technologies Biomass/Biogas, Coal with CCS, Natural Gas, Nuclear
Active Policy Yes
Implementing Sector State/Province

Program Administrator North Dakota State Water Commission
Primary Website

Last Review 2014-09-15


This section describes procedures for applications to appropriate water for beneficial uses, including irrigation, municipal, and industrial use. Once granted, water users must continue to seek permission for changes to their specific permit conditions. A permit will be issued if all of the following conditions are met: (1) The rights of a prior appropriator will not be unduly affected. (2) The proposed means of diversion or construction are adequate. (3) The proposed use of water is beneficial. (4) The proposed appropriation is in the public interest. In determining the public interest, all of the following will be considered: (a) The benefit to the applicant resulting from the proposed appropriation. (b) The effect of the economic activity resulting from the proposed appropriation. (c) The effect on fish and game resources and public recreational opportunities. (d) 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. (e) Harm to other persons resulting from the proposed appropriation. (f) The intent and ability of the applicant to complete the appropriation.

Authorities (Please contact the if there are any file problems.)

Authority 1: N.D.C.C. 61-04; N.D.A.C. 89-03