# Title 89 — Water Commission

## Article 89-02 — Drainage of Water

## Chapter 89-02-05.1 — Licenses for Emergency Drainage

### § 89-02-05.1-01. Scope of chapter.

Repealed effective January 1, 2015.
### § 89-02-05.1-02. Definitions.

Repealed effective January 1, 2015.
### § 89-02-05.1-03. Permit to be temporary.

Emergency drain permits received under this chapter are only valid for six months plus any valid
extensions.
History: Effective June 1, 1998; amended effective January 1, 2015.
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-32-03
### § 89-02-05.1-04. Emergency defined.

Repealed effective January 1, 2015.
### § 89-02-05.1-05. Application form.

An emergency drain permit application must be written and include:
1. Landowner's name and address.
2. Legal description of land where the emergency drain will be located.
3. A map showing the drain location.
4. An estimate of the surface acreage of the pond, slough, lake, sheetwater, or any series
thereof and the volume of water to be drained by the emergency drain.
5. A list of all downstream adjacent landowners for a distance of one mile [1.6 kilometers] from
the discharge point, along with the addresses and telephone numbers of these landowners.
6. Copies of any written permission received from downstream landowners.
7. A compilation of any written or oral permission and refusals from downstream landowners.

8. A description of the emergency.
9. Written permission allowing the department and board to inspect the drain.
History: Effective June 1, 1998; amended effective January 1, 2015; January 1, 2023.
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-32-03
### § 89-02-05.1-06. Consideration of permit application.

An emergency drain permit application must be sent simultaneously to the board and the
department. The application will be reviewed for completeness by the board and the department. The
department must make a preliminary determination as to the existence of an emergency. As soon as
possible, a meeting among the board, the department, and other affected parties as determined by the
department must be held. The applicant or any other affected party may make a statement concerning
the emergency drain permit application during the meeting. Any meeting must be electronically
recorded. During the meeting, but after all parties have been given an opportunity to present their
views, the board must make a recommendation to the department whether the permit should be
granted.
History: Effective June 1, 1998; amended effective January 1, 2015; January 1, 2023.
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-32-03
### § 89-02-05.1-07. Decision on permit application - Conditions.

After completion of the meeting, the director must consider:
1. The written information received;
2. The matters discussed;
3. The board's recommendation; and
4. Whether the emergency permit should be granted.
If the permit is granted, the director may place any condition upon it, including a requirement for a
bond and that receipt of an emergency drain permit does not relieve an applicant from liability for
damages resulting from any activity conducted under the permit.
History: Effective June 1, 1998; amended effective January 1, 2015; January 1, 2023.
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-32-03
### § 89-02-05.1-08. Requirement for permanent permit application.

If the drain is to be permanent, the applicant must submit a drain permit application to the
department under chapter 89-02-01. If the application is submitted at least thirty days before the
emergency permit expires and the permanent drain has the same alignment as the emergency drain,
the director may extend the term of the emergency permit until final action on the drain permit
application has been taken. If the watershed of the permanent drain is the same as the emergency
drain, but has a different alignment, the emergency drain permit must only be extended under section
89-02-05.1-09.1.
History: Effective June 1, 1998; amended effective January 1, 2015; January 1, 2023.
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-32-03

### § 89-02-05.1-09. Closure of drain.

If a permanent drain permit application is not submitted thirty days before the emergency permit
expires, the applicant must immediately prepare to close the drain unless the applicant has applied for
an extension under section 89-02-05.1-09.1. Preparations must include obtaining any permission or
authorizations. Closure of the drain must be completed by the emergency permit expiration date. The
applicant must keep the board and the department informed of the applicant's progress in closing the
drain. The applicant must notify the board and the department in writing when the emergency drain has
been completely closed.
History: Effective June 1, 1998; amended effective January 1, 2015; January 1, 2023.
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-32-03
### § 89-02-05.1-09.1. Extension of permit.

The applicant must submit a written request for an extension at least thirty days before the
expiration of the emergency permit. If it is determined that an emergency still exists, the director may
issue a one-time, six-month extension to the permit's expiration date. If an emergency continues to
exist after the one-time extension, an applicant may reapply under chapter 89-02-05.1 for a new
emergency drain permit.
History: Effective January 1, 2015; amended effective January 1, 2023.
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-32-03
### § 89-02-05.1-10. License does not absolve liability for damages.

Repealed effective January 1, 2015.
