# Title 61 — Waters

## Chapter 61-20 — Artesian Wells

### § 61-20-01. Valve or valves required on artesian well - Flow permitted from artesian

wells - Preventing flow.
Every person, stock company, association, corporation, or limited liability company owning
or controlling the real estate upon which is located an artesian or flowing well shall provide for
each such well a valve or valves capable of controlling the discharge from such well and shall
keep such valve or valves so adjusted that only such supply of water shall escape as is
necessary for ordinary use by the owner, or the person in control, of such land, in conducting
the owner's or person's business. In the winter, such flow may be permitted as will prevent
freezing of the well, and when it is necessary, a sufficient flow may be allowed for the purposes
of developing the well. The owner of an artesian well shall be required, by means of the
construction of a reservoir or otherwise, to prevent the flow of the owner's well from running
upon land belonging to another or from running into any ditch along any public highway except a
regularly established drainage ditch.
### § 61-20-02. Drilling artesian or flowing well - Requirements.

Every person, stock company, association, corporation, or limited liability company that shall
drill an artesian or flowing well shall comply with the rules of the department of water resources
regarding such activity.
### § 61-20-03. Wild wells.

The provisions of this chapter apply to a wild well, or a well out of control, except if it is
determined by the department of water resources the well cannot be repaired for use, no valve
may be attached, but every effort must be made by the owner to seal, plug, or cut off the well.
Old wells that might be damaged by so doing need not be shut off, but such wells must be put in
repair at the earliest possible date and must be regulated after the repair.
### § 61-20-04. Artesian or flowing wells - Penalty for certain actions.

The owner or person in control of an artesian or flowing well, who:
1. Allows it to flow without a valve or other device for checking the flow as required by
law, or without proper repair of pipes and valves;
2. Interferes with the well, valve, or other device;
3. Permits the water to waste unnecessarily; or
4. Permits the water to run upon the lands of another or into the ditches along any public
road except a regularly established drainage ditch,
shall be guilty of a class B misdemeanor. The provisions of this section shall also apply to the
officer or members of a board in charge of wells belonging to the state, or any county, township,
or municipality.
### § 61-20-05. Township and county assessors shall list all artesian and flowing wells

annually - Forwarding data to state water commission.
Repealed by S.L. 1983, ch. 598, § 25.
### § 61-20-06. Duties of the department of water resources.

The department of water resources shall advise the citizens of the state as to the
practicability of measures affecting the underground waters of this state by:
1. Counseling, consulting, and assisting the owner to work out the most desirable control
and use of the owner's well.
2. Selecting at least three representative flowing wells in each county having that
number, and as many more as the department may deem advisable.
3. Causing the record of the wells' flows and pressures to be taken, from time to time, to
learn as much as possible of the decline, fluctuations, and permanence of the artesian
supply.

4. Planning and conducting other investigations as the department may find advisable to
ascertain the best method of prolonging the utility of the same.
5. Keeping a record of the location, size, depth, flow, size of flow, character of water,
construction, and history of all artesian wells of the state, and keeping the record on
file for public reference.
6. Securing the enforcement of all laws pertaining to artesian and phreatic waters of the
state.
7. Publishing bulletins containing information concerning the artesian wells and phreatic
waters of the state as often as the department deems advantageous.
8. Making any additional, reasonable rules governing artesian wells as the department
determines are necessary.
### § 61-20-07. Enforcement of chapter - Appeal.

The provisions of this chapter must be enforced by the department of water resources. The
department may issue administrative orders requiring compliance with this chapter. An appeal
from a ruling of the department may be taken under the provisions of chapter 28-32.
### § 61-20-08. Deputy - Appointment by state geologist - Removal - Salary.

Repealed by S.L. 1965, ch. 447, § 24.
