AN ACT to amend and reenact section 61-04-15.4 of the North Dakota Century Code, relating to a change in the purpose of use of a conditional or perfected water permit.
Summary
SB 2141 amends North Dakota law governing changes in the purpose of use for conditional or perfected water permits. Under current law, a permit holder may seek approval from the Department of Water Resources to change how permitted water is used without losing the permit’s priority date. The bill keeps that basic framework but clarifies and narrows the circumstances under which a change may be approved.
The amended language requires applications for a change in purpose of use to be processed and evaluated like a conditional water permit application. It also specifies that the department may approve a change only if it will not adversely affect the rights of other appropriators and if the new use is either a superior use under the state’s water-priority system or a livestock, fish, wildlife, or recreation use for a reservoir that does not allow water withdrawals. In practical terms, the bill tightens the statutory standards for converting water use while preserving priority dates for approved changes.
Impact
The bill affects section 61-04-15.4 of the North Dakota Century Code and the administration of water permits by the Department of Water Resources. It limits and clarifies when a permit holder can change the purpose of use of a conditional or perfected water permit, while maintaining the existing priority date if the change is approved. The measure primarily impacts water rights holders, appropriators, reservoir-related uses, and the agency responsible for reviewing permit changes.
Sentiment
The bill appears to have received broad support in both chambers, passing the Senate 41-6 and the House 91-1. The vote totals suggest general agreement with the bill’s approach to clarifying and regulating water permit changes. No committee testimony was provided, so the available record shows strong legislative backing but limited public discussion in the materials supplied.
Contention
The main policy issue is the balance between flexibility for water permit holders and protection of existing water rights. Supporters likely favored clearer standards for changing water use and preserving priority dates, while the dissenting votes suggest some concern about restricting permit flexibility or about how the Department of Water Resources will apply the new approval criteria. The bill’s focus on superior uses and non-withdrawal reservoir uses may also have raised questions about which proposed changes should qualify under the statute.