Section 61-38-02 - [See Note] PowersThe department of water resources has the following powers:
1. To exercise general supervision of the administration and enforcement of this chapter and all rules and orders adopted pursuant to this chapter.2. To advise, consult, and cooperate with other agencies of the state, the federal government, and other states and interstate agencies, and with affected groups, political subdivisions, and industries in furtherance of the purposes of this chapter.3. To accept and administer loans and grants from the federal government and from other sources, public or private, for carrying out any of its functions. The loans and grants may not be expended for purposes other than those for which the loans and grants were provided.4. To enter upon or through a permittee's premises where dredged or fill material is discharged, after written notice to the permittee.5. To exercise all incidental powers necessary to carry out the purposes of this chapter.6. To make rules governing the application, issuance, denial, modification, or revocation of permits for the discharge of dredged or fill material into waters of the state and for the administration of this chapter.7. To hold any hearings necessary for the administration of this chapter.8. To initiate actions in court for the enforcement of this chapter, including actions to enjoin any threatened or continuing violation of any requirement.9. To issue administrative orders to restrain any person from engaging in any unauthorized activity.10. To take all action necessary or appropriate to secure to the state the benefits of section 404 of the Clean Water Act [ 33 U.S.C. 1344 ].Amended by S.L. 2021, ch. 488 (HB 1353),§ 213, eff. 8/1/2021.Effective on the date the state engineer certifies to the governor that a program has been designed to effectively assume responsibility for the section 404 program of the Clean Water Act and the state water commission is ready to assume those responsibilities.