# Title 89 — Water Commission

## Article 89-03 — Water Appropriations

## Chapter 89-03-02 — Water Permit Modification

of Use
Point of Diversion
### § 89-03-02-01. Submission of an application to add a point of diversion or for a change in

purpose of use.
An application to add a point of diversion or for a change in purpose of use must be submitted to
the department on the form provided by the department. The department may require information not
requested in the application. A change in purpose of use may only be granted for a use that has a
higher priority than the use from which a change is sought, as specified in North Dakota Century Code
section 61-04-06.1.
History: Amended effective April 1, 1989; July 1, 2014; January 1, 2023.
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-04-04, 61-04-06.1, 61-04-15.2, 61-04-15.4
### § 89-03-02-02. Return of unsatisfactory application.

If the change in purpose of use or to add a point of diversion application is not submitted on the
proper form or if the form is improperly completed, it will be returned within thirty days, along with a
statement of the required corrections.
History: Amended effective April 1, 1989; July 1, 2014; January 1, 2023.
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-04-04, 61-04-15.2, 61-04-15.4
### § 89-03-02-03. Application amendment.

An applicant for a change in purpose of use or to add a point of diversion, before being instructed
to give notice as required by section 89-03-01-04, may amend an application. An amendment request
may be made by letter or by submission of an amended application.
If any notice of an application for a change in the purpose of use or to add a point of diversion has
been mailed before the request to amend, the department may require the applicant to mail a corrected
notice of the application to all persons who were sent the original notice and must submit an affidavit of
service of corrected notice to the department. If the notice of application has been published, the
department may require a corrected notice to be published. The applicant must pay publication costs.
History: Amended effective April 1, 1989; April 1, 2000; July 1, 2014; January 1, 2023.
General Authority: NDCC 61-03-13

Law Implemented: NDCC 61-04-04, 61-04-15.2, 61-04-15.4
### § 89-03-02-04. Fee.

Repealed effective April 1, 1989.
### § 89-03-02-05. Notice of application.

Notification of an application for change in purpose of use or to add a point of diversion must be
handled in accordance with section 89-03-01-04.
History: Amended effective April 1, 1989; August 1, 1994; July 1, 2014; January 1, 2023.
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-04-05, 61-04-15.1, 61-04-15.4
### § 89-03-02-06. Publication of notice of an application for a change in the purpose of use or to

add a point of diversion.
Notice of an application or an amendment to an application for a change in the purpose of use or to
add a point of diversion must be published in accordance with section 89-03-01-05.
History: Amended effective April 1, 1989; April 1, 2000; July 1, 2014; January 1, 2023.
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-04-05, 61-04-15.2, 61-04-15.4
### § 89-03-02-07. Filing proof of publication and mailing.

Repealed effective April 1, 1989.
### § 89-03-02-08. Assignment of a water permit to another person.

A request to assign a water permit to another person must be submitted to the department in
writing. Either the transferee or the permitholder may request assignment of the water permit. The
application must describe the transferee's interest in the water permit. The department may request
additional documentation of the transferee's interest.
History: Effective April 1, 1989; amended effective February 1, 1997; April 1,2000; July 1, 2014;
January 1, 2023.
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-04-15
### § 89-03-02-09. Transfer of a water permit to another parcel.

Repealed effective January 1, 2023.
### § 89-03-02-10. Change in location of use.

No change in location of use of a conditional or perfected water permit will be granted if other
appropriators that rely upon the return flows from the permitholder's beneficial use of water would be
adversely affected.
History: Effective April 1, 1989; amended effective July 1, 2014; January 1, 2023.
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-01-01(3), 61-04-15

### § 89-03-02-11. Increase in pumping rate.

A request to increase a permitholder's pumping rate must be made in writing to the department.
The department, before making a decision on the request, will consider what effect the increase has on
other appropriators from the water source.
History: Effective April 1, 1989; amended effective July 1, 2014; January 1, 2023.
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-04-06.2
### § 89-03-02-12. Water permit for irrigation - Limitation.

The department may increase the number of acres that may be irrigated on the tracts of land
specified in a water permit to allow for more efficient operation of an irrigation system. A request for an
increase in the number of acres must be evaluated in accordance with subdivisions a through c of
subsection 1 of North Dakota Century Code section 61-04-06. Any increase in acreage cannot exceed
ten acres or ten percent of the originally approved acreage, whichever is greater.
History: Effective April 1, 1989; amended effective August 1, 1994; July 1, 2014; January 1, 2023.
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-04-06.2

