AN ACT to amend and reenact section 61-04-14 of the North Dakota Century Code, relating to extending time for the application of water to a beneficial use.
Summary
HB 1042 amends North Dakota Century Code section 61-04-14 governing conditional water permits and the deadline to put water to a beneficial use. The bill keeps the Department of Water Resources’ authority to extend the application period for good cause and to renew and extend the time after expiration upon application.
The main change clarifies forfeiture rules for expired permits. A conditional water permit, or any portion of it, is deemed forfeited if the permit holder does not request renewal within 60 days after being notified that the application period has expired. It also provides that if a request to extend the time is denied, the permit or affected portion is forfeited. The bill states that sections 61-04-23 through 61-04-25 do not apply to this section.
Impact
HB 1042 affects water-rights administration in North Dakota by tightening and clarifying the process for extending conditional water permits and defining when unused permits are forfeited. It primarily impacts permit holders, water project developers, and the Department of Water Resources by establishing a specific 60-day renewal window after notice of expiration and by making denial of an extension result in forfeiture.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the House 90-0 and the Senate 45-0, indicating unanimous approval in both chambers. The lack of committee transcript material also suggests there was little public or legislative debate recorded around the measure.
Contention
No notable contention is reflected in the available record. The bill was introduced at the request of the Department of Water Resources and passed unanimously, suggesting agreement that the amendment was a technical or administrative clarification rather than a substantive policy dispute. Any potential concern would likely center on permit holders losing rights if they miss the 60-day renewal deadline or if an extension request is denied, but no opposition is shown in the votes or context.