2015 North Dakota Century Code Title 61 Waters Chapter 61-14 General Rules Governing Irrigation
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CHAPTER 61-14
GENERAL RULES GOVERNING IRRIGATION
61-14-01. Units of measurement.
The standard of measurement for the flow and volume of water shall be established by rule
by the state engineer.
61-14-02. Unused water reverts to public.
Repealed by S.L. 1963, ch. 417, § 26.
61-14-03. Amount of water for irrigation.
In the issuance of a permit to appropriate water for irrigation or in the adjudication of the
rights to the use of water for such purpose, the amount of water allowed by the state engineer
shall not be in excess of two acre-feet [2466.96 cubic meters] of water per acre [.40 hectare] per
year, or the equivalent thereof, delivered on the land, except that during periods of sufficient
water supply the state engineer, in accordance with the method of irrigation being used, the type
of soil to which the water is to be applied, and other criteria established by the state engineer,
may increase the amount of water allowed to three acre-feet per acre [3700.45 cubic meters per
.40 hectare], per irrigation season, for a specified period of time which in no event shall be of
greater duration than the period of sufficient water supply. Notwithstanding any other provision
of this section, the state engineer may not allow more of an amount of water than can be
beneficially used.
61-14-04. Water appurtenant to land for irrigation purposes.
Repealed by S.L. 1963, ch. 417, § 26.
61-14-05. Change of use or place of diversion.
Repealed by S.L. 1977, ch. 569, § 27.
61-14-06. Measuring devices - Unlawful to take water without using.
Every ditch owner shall construct and maintain a substantial headgate at the point where
the water is diverted and shall construct a measuring device, of a design approved by the state
engineer, at the most practicable point or points for measuring and apportioning the water as
determined by the state engineer. The state engineer may order the construction of such device
by the ditch owner and if not completed within twenty days thereafter the person in charge of the
irrigation works, upon instructions from the state engineer, shall refuse to deliver water to such
owner. The taking of water by such ditch owner until the construction of such device and the
approval thereof by the state engineer shall be unlawful. Such devices shall be so arranged that
they can be locked in place, and when locked by the person in charge of the irrigation works or
that person's authorized agent, for the measurement or apportionment of water, it shall be
unlawful to interfere with, disturb, or change the same, and the use of water through such
device after having been interfered with, disturbed, or changed shall be prima facie evidence of
the guilt of the person benefited by such interference, disturbance, or change.
61-14-07. Unlawful interference with rights to use of water - Penalty.
Any person interfering with or injuring or destroying any headgate, weir, benchmark, well, or
other appliance or works for the appropriation, diversion, storage, apportionment, or
measurement of water, or for any hydrographic or hydrologic surveys, or who shall interfere with
any person engaged in the discharge of duties connected therewith, shall be guilty of a class A
misdemeanor, and also shall be liable for the injury or damage resulting from such unlawful act.
The state engineer and the person in charge of an irrigation work, and their authorized
assistants and agents, may enter upon private property for the performance of their respective
duties, but shall do no unnecessary injury thereto.
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61-14-08. Unlawful use of water and waste - Penalty.
The unauthorized use of water to which another person is entitled, or the willful waste of
water to the detriment of another, shall be unlawful. It also shall be unlawful to begin or carry on
any construction of works for storing or carrying water until after the issuance of a permit to
appropriate such waters. The penalty for any violation of this section is a class A misdemeanor.
61-14-09. Bridges over ditches or canals - Penalty.
The owner of any ditch, canal, or other structure for storing or carrying water shall construct
and maintain a bridge where the same crosses any highway or publicly traveled road, in
accordance with the requirements of the state agency or political subdivision which has control
over the road, or shall reconstruct the road in a substantial manner and in a convenient location
for public travel. The board of county commissioners shall be authorized to construct any bridge
or road, if not built by the owner of the works within three days after the obstruction of the road,
and may recover the expenses thereof and costs in a civil suit, unless the same shall be paid by
the owner of the works within ten days after demand therefor. The board of county
commissioners may make reasonable requirements as to the size and character of any such
bridge along a public highway, or for the necessary reconstruction of such a road, and upon
failure to comply therewith, may do the necessary work and collect the expense thereof and
costs as hereinbefore provided. After the construction of such bridge or road as part of a public
highway, the same shall be maintained by the board of county commissioners.
61-14-10. Obstructing works unlawful.
Whenever any appropriator of water has the right of way for the storage, diversion, or
carriage of water, it shall be unlawful to place or maintain any obstruction which shall interfere
with the use of the works or prevent convenient access thereto.
61-14-11. Penalty.
If no penalty is provided specifically, any violation of the provisions of this chapter, declared
herein to be unlawful, shall be a class B misdemeanor.
61-14-12. Liens on land.
All liens on land, provided for in chapter 61-09, shall be superior in right to all mortgages or
other encumbrances placed upon the land and the water appurtenant thereto or used in
connection therewith.
61-14-13. Seepage water.
In the case of seepage water from any constructed works, any party desiring to use the
same shall make application to the state engineer, as in the case of unappropriated water, and
such party shall pay to the owner of such works a reasonable charge for the storage or carriage
of such water in such works, if the appearance of such seepage water can be traced beyond
reasonable doubt to the storage or carriage of water in such works. The state engineer shall not
issue a permit to appropriate such seepage waters until an agreement for the payment of such
charges shall have been entered into by the said parties.
61-14-14. Disposition of state lands.
No lands belonging to the state, within the areas to be irrigated from works constructed or
controlled by the United States, or its duly authorized agencies, shall be sold except in
conformity with the classification of farm units by the United States, and the title to such lands
shall not pass from the state until the applicant therefor shall have complied fully with the
provisions of the laws of the United States and the regulations thereunder concerning the
acquisition of the right to use water from such works and shall produce the evidence thereof
duly issued. After the withdrawal of lands by the United States for any irrigation project, no
application for the purchase of state lands within the limits of such withdrawal shall be accepted,
except upon the conditions prescribed in this section. Any state lands needed by the United
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States for irrigation works shall be sold to the United States at the lowest price authorized by
law.
61-14-15. Unauthorized diversion of water from irrigation ditches.
It is unlawful for any person to divert any of the water from any irrigation works in this state
without first having obtained the permission of the owner of the works or of the person or
persons lawfully in charge thereof.
61-14-16. Willfully allowing water to flow or fall upon roadway prohibited - Penalty.
No person may place, erect, or operate a sprinkler irrigation system, center pivot irrigation
system, or other irrigation works or equipment upon or across any highway, street, or road or in
such a manner as to willfully allow water from the irrigation works or equipment to flow or fall
upon any highway, street, or road. This section does not apply to the transportation of irrigation
works or equipment upon a highway, street, or road. A person violating this section is guilty of an
infraction.
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