AN ACT to amend and reenact section 61-01-06 of the North Dakota Century Code, relating to watercourse determinations.
Summary
SB 2044 amends North Dakota Century Code section 61-01-06 to clarify how a “watercourse” is defined and who may make that determination. The bill states that a watercourse exists when there is a sufficient natural and accustomed flow of water to form and maintain a distinct, defined channel, even if the flow is not continuous or perennial. It also preserves the idea that periodic natural flows can qualify if they reach a plainly defined, permanent channel.
The bill adds a process for administrative review. If a water resource board requests it, the Department of Water Resources must determine whether a watercourse is constituted. In addition, a person who is aggrieved by a watercourse determination made by a state agency or political subdivision may ask the Department of Water Resources to review that decision, and a person dissatisfied with the department’s determination may appeal under existing law. The bill also defines “waterway” for purposes of the title as a natural geologic feature that conveys surface water over land.
Impact
SB 2044 affects water law administration by centralizing and clarifying watercourse determinations within the Department of Water Resources, while preserving appeal rights under section 61-03-22. It likely impacts landowners, water resource boards, local governments, and state agencies involved in drainage, floodplain, and watercourse disputes by creating a clearer review pathway and a more uniform standard for identifying protected watercourses.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the Senate unanimously and the House with overwhelming support, with only one dissenting vote. The vote pattern suggests general agreement that the measure is a technical or clarifying update to water administration rather than a major policy shift.
Contention
There is little evidence of significant contention in the available record, and no committee transcript discussion was provided. The only likely area of concern is the allocation of authority over watercourse determinations—specifically, the bill gives the Department of Water Resources a formal review role over decisions made by state agencies or political subdivisions, which could be viewed as either improving consistency or reducing local discretion. The near-unanimous votes indicate that any such concerns were limited.
A BILL for an Act to create and enact a new section to chapter 61-01 of the North Dakota Century Code, relating to weather modification operations in the state; to amend and reenact subsection 1 of section 37-17.1-11, and sections 58-03-07, 61-02.1-02.1, and 61-16.1-09 of the North Dakota Century Code, relating to weather modification; to repeal section 37-17.1-15 and chapter 61-04.1 of the North Dakota Century Code, relating to weather modification; and to provide a penalty.
AN ACT to create and enact a new section to chapter 11-11, a new subsection to section 11-11-14, a new section to chapter 40-05, a new section to chapter 58-06, a new subsection to section 58-06-01, and a new section to chapter 61-16.2 of the North Dakota Century Code, relating to floodplain management powers and ordinances for counties, cities, and townships; and to amend and reenact subsection 2 of section 11-33-03, subsection 67 of section 40-05-01, subsection 2 of section 40-47-03, and sections 58-03-12 and 61-16.2-02 of the North Dakota Century Code, relating to county, city, and township floodplain management ordinances and to provide definitions.
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