A conditional water permit applicant must have a legal interest where the point of diversion and conveyance system will be located. The applicant must demonstrate to the department's satisfaction that the applicant has the capability to put the water to beneficial use. If the applicant is seeking a permit for irrigation, the applicant must also have a legal interest in the land to be irrigated. If the applicant is seeking a permit to impound water, the applicant must have a legal interest in the property inundated by the impounded water. The department may require additional verification of a property interest demonstrating the capability to put the water to beneficial use.
N.D. Admin Code 89-03-01-01.2
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-04-02.2, 61-04-03, 61-04-06