Section 89-15-01-02 - Identifying a watercourseFor a watercourse to be constituted, the following criteria must be considered. No one criteria alone will constitute a watercourse, but rather a comprehensive review of the criteria provides the information necessary for a watercourse determination.
1. Sufficient natural and accustomed flow must be present or possible. This means the flow must be from a natural source, such as precipitation, snowmelt, or a natural spring, and must regularly or frequently occur during normal hydrology years.2. A distinct and defined channel must be maintained by natural and accustomed flows. It is not necessary that the channel be natural or created by natural causes, but the flow in the channel must be sufficient enough to maintain the channel without routine artificial maintenance, including removal of silt, sediment, and vegetation.3. A distinct and defined channel must have a definite bed and banks. It is not necessary that the banks be well defined or sharply cut, but they must be easily discernable in times of little vegetative cover and have some capacity to carry flowing water.4. A plainly defined channel must be present and easily discernable.5. A channel of permanent character must be present and evident upon site inspection and review of aerial photography. The channel must have existed in that location for several years or have the high likelihood of existing there for several years in the case of a recently constructed artificial watercourse.6. The land use of the site in question may play a role, including whether the land is routinely used for agricultural purposes and if agricultural crops would be injured by any received waters.N.D. Admin Code 89-15-01-02
Adopted by Administrative Rules Supplement 2024-393, July 2024, effective 7/1/2024.General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-01-06