Section 89-03-01-04 - Notice of application1. When a proper conditional water permit application is filed, the department will forward the appropriate number of completed notice of application forms to the applicant. The notice must include the following essential facts: a. All requested points of diversion;b. Requested annual appropriation and withdrawal rate;c. Requested source and purpose of use; ande. Newspaper in which the water permit application notice must be published. The notice must also state that the notice published in the newspaper will contain a date by which any person having an interest in the application may file written comments regarding the proposed appropriation with the department and that anyone who files written comments will be mailed a copy of the department's recommended decision on the application.
2. Upon receipt of the completed notice of application forms, the applicant must send a notice of application form as provided in North Dakota Century Code section 61-04-05. The determination of title owners at the time of the application must be based on title records on file with the appropriate county recorder. For land subject to a contract for deed, the contract's grantor and grantee must both be notified.3. After notice of application forms have been mailed to those required by North Dakota Century Code section 61-04-05, the applicant must properly complete an affidavit of notice and return it to the department. The affidavit of notice must state how the applicant determined the record title owners and must list the names and addresses of those who were sent notices.N.D. Admin Code 89-03-01-04
Amended effective April 1, 1989; November 1, 1989; February 1, 1994; April 1, 2000; April 1, 2004. .Amended by Administrative Rules Supplement 2014-353, July 2014, effective July 1, 2014. .Amended by Administrative Rules Supplement 2022-387, January 2023, effective 1/1/2023.General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-04-05