# Title 61 — Waters

## Chapter 61-15 — Water Conservation

### § 61-15-01. Definitions.

Repealed by S.L. 2013, ch. 481, § 2.
### § 61-15-02. Control of water and wildlife conservation projects vested in state.

Repealed by S.L. 2013, ch. 481, § 2.
### § 61-15-03. Water and wildlife conservation projects - Supervision.

The authority, control, and supervision of all water and wildlife conservation projects and
wildlife reservations is vested in the department of water resources. The department may accept
cooperation, aid, and assistance from the United States of America, its instrumentalities or
agencies, in the construction, maintenance, and operation of any structure for the purposes set
forth in this chapter, and may do any act necessary to make aid, assistance, and cooperation
from the federal government available. The department may grant easements to the United
States of America, its instrumentalities or agencies, as may be required.
### § 61-15-04. Easements to United States of America for water and wildlife conservation.

An easement may be granted to the United States, its instrumentalities or agencies, over all
lands now owned or hereafter acquired by the state of North Dakota for rights of way for ditches,
dams, dikes, fills, spillways, or other structures now constructed or to be constructed for the
purpose of water or wildlife conservation.
### § 61-15-05. Recording or filing fees for documents required by United States or state

for water or wildlife conservation project.
Repealed by S.L. 1947, ch. 189, § 1.
### § 61-15-06. Board of university and school lands empowered to grant easements for

water and wildlife conservation.
The board of university and school lands may grant to the United States of America, its
instrumentalities or agencies, such easement rights as may be required for the construction,
maintenance, and operation of any dam, dike, ditch, fill, spillway, or other structure erected or to
be erected for water or wildlife conservation purposes on the public lands of this state.
### § 61-15-07. Water and wildlife conservation projects not to diminish value of land.

Repealed by S.L. 1963, ch. 417, § 26.
### § 61-15-08. Drainage of meandered lake - Penalty.

Repealed by S.L. 2013, ch. 481, § 2.
### § 61-15-09. Conservation of lakes and streams of Turtle Mountain region.

The department of water resources shall take any necessary action to conserve the water
levels and rehabilitate the streams and brooks in the Turtle Mountain region of North Dakota
lying in Bottineau and Rolette Counties.
### § 61-15-10. Permitting municipal corporations to dam Red River of the North.

Any municipality owning or permanently controlling land upon which a proposed dam is to
be constructed may construct a dam thereon and across that portion of the Red River of the
North which forms a part of the boundary common to the state of North Dakota and the state of
Minnesota, for the purpose of conserving water for municipal, commercial, and domestic use,
constructing in connection therewith such appliances, fishways, raceways, sluiceways, and
wasteways as may be necessary or convenient for the proper construction and utility of such
dam and as may be required by law. If required by law or treaty, the consent of the United
States and of the state of Minnesota shall be obtained first.

### § 61-15-11. Wild and scenic rivers.

1. Before a political subdivision engages in meetings with federal agencies to have any
waterbody in the state designated a wild, scenic, or recreational river under the Wild
and Scenic Rivers Act [16 U.S.C. 1271, et seq.] the political subdivision must notify
the:
a. Director of the department of water resources;
b. Director of the department of environmental quality;
c. Director of the game and fish department;
d. Director of the parks and recreation department;
e. Water resource board of any water resource district that would be impacted;
f. Director of the department of trust lands;
g. Director of the department of mineral resources;
h. County commission of any county impacted;
i. Legislators of any district impacted;
j. Grazing associations impacted; and
k. Public service commission.
2. Any written communications between the political subdivision and federal agencies
regarding such designation must be copied to the list in subsection 1.
3. The county commission shall hold a public hearing regarding the potential designation.
4. The governor and the county commission of any county impacted must express written
support before the state or a federal agency designates a wild, scenic, or recreational
river under the Wild and Scenic Rivers Act.
