# Title 61 — Waters

## Chapter 61-14 — General Rules Governing Irrigation

### § 61-14-01. Units of measurement.

The standard of measurement for the flow and volume of water shall be established by rule
by the department of water resources.
### § 61-14-02. Unused water reverts to public.

Repealed by S.L. 1963, ch. 417, § 26.
### § 61-14-03. Amount of water for irrigation.

When issuing a permit to appropriate water for irrigation or adjudicating the rights to use
water for irrigation, the department of water resources may not allow more than two acre-feet
[2466.96 cubic meters] of water per acre [.40 hectare] per year, or the equivalent, to be
delivered on the land, except during periods of sufficient water supply the department may allow
up to three acre-feet per acre [3700.45 cubic meters per.40 hectare] per irrigation season to be
delivered on the land for a specified period of time, in accordance with the method of irrigation
being used, the type of soil to which the water is to be applied, and other criteria established by
the department. The department may not allow more water to be delivered on the land than can
be used beneficially.
### § 61-14-04. Water appurtenant to land for irrigation purposes.

Repealed by S.L. 1963, ch. 417, § 26.
### § 61-14-05. Change of use or place of diversion.

Repealed by S.L. 1977, ch. 569, § 27.
### § 61-14-06. Measuring devices - Unlawful to take water without using.

Every ditch owner shall construct and maintain a substantial headgate at the point where
the water is diverted and shall construct a measuring device, of a design approved by the
department of water resources, at the most practicable point for measuring and apportioning the
water as determined by the department. The department may order the construction of the
measuring device by the ditch owner, and if construction is not completed within twenty days
after receipt of the order, the person in charge of the irrigation works, upon instructions from the
department, shall refuse to deliver water to the ditch owner. The ditch owner may not take water
from the irrigation works until the measuring device is constructed and the department approves
the device. Measuring devices must be arranged so they can be locked in place, and when
locked by the person in charge of the irrigation works or that person's authorized agent, for the
measurement or apportionment of water, other persons may not interfere with, disturb, or
change the devices. The use of water through a measuring device that was interfered with,
disturbed, or changed constitutes prima facie evidence the person benefited by the interference,
disturbance, or change violated this section.
### § 61-14-07. Unlawful interference with rights to use of water - Penalty.

Any person interfering with or injuring or destroying any headgate, weir, benchmark, well, or
other appliance or works for the appropriation, diversion, storage, apportionment, or
measurement of water, or for any hydrographic or hydrologic surveys, or interfering with any
person engaged in the discharge of duties connected with a headgate, weir, benchmark, well, or
other appliance or works for those purposes, is guilty of a class A misdemeanor and liable for
the injury or damage resulting from the unlawful act. The department of water resources and the
person in charge of an irrigation work, and their authorized assistants and agents, may enter
upon private property for the performance of their respective duties, but may not damage the
property unnecessarily.

### § 61-14-08. Unlawful use of water and waste - Penalty.

The unauthorized use of water to which another person is entitled, or the willful waste of
water to the detriment of another, shall be unlawful. It also shall be unlawful to begin or carry on
any construction of works for storing or carrying water until after the issuance of a permit to
appropriate such waters. The penalty for any violation of this section is a class A misdemeanor.
### § 61-14-09. Bridges over ditches or canals - Penalty.

The owner of any ditch, canal, or other structure for storing or carrying water shall construct
and maintain a bridge where the same crosses any highway or publicly traveled road, in
accordance with the requirements of the state agency or political subdivision which has control
over the road, or shall reconstruct the road in a substantial manner and in a convenient location
for public travel. The board of county commissioners shall be authorized to construct any bridge
or road, if not built by the owner of the works within three days after the obstruction of the road,
and may recover the expenses thereof and costs in a civil suit, unless the same shall be paid by
the owner of the works within ten days after demand therefor. The board of county
commissioners may make reasonable requirements as to the size and character of any such
bridge along a public highway, or for the necessary reconstruction of such a road, and upon
failure to comply therewith, may do the necessary work and collect the expense thereof and
costs as hereinbefore provided. After the construction of such bridge or road as part of a public
highway, the same shall be maintained by the board of county commissioners.
### § 61-14-10. Obstructing works unlawful.

Whenever any appropriator of water has the right of way for the storage, diversion, or
carriage of water, it shall be unlawful to place or maintain any obstruction which shall interfere
with the use of the works or prevent convenient access thereto.
### § 61-14-11. Penalty.

If no penalty is provided specifically, any violation of the provisions of this chapter, declared
herein to be unlawful, shall be a class B misdemeanor.
### § 61-14-12. Liens on land.

All liens on land, provided for in chapter 61-09, shall be superior in right to all mortgages or
other encumbrances placed upon the land and the water appurtenant thereto or used in
connection therewith.
### § 61-14-13. Seepage water.

A person wishing to use seepage water from a constructed works shall apply to the
department of water resources for the use in the same manner as applying for a permit to use
unappropriated water and shall pay to the owner of the works a reasonable charge for the
storage or carriage of the water in the works, if the appearance of the seepage water can be
traced beyond reasonable doubt to the storage or carriage of water in the works. The
department of water resources may not issue a permit to appropriate the seepage waters until
any agreement for the payment of reasonable charges required by this section is executed.
### § 61-14-14. Disposition of state lands.

No lands belonging to the state, within the areas to be irrigated from works constructed or
controlled by the United States, or its duly authorized agencies, shall be sold except in
conformity with the classification of farm units by the United States, and the title to such lands
shall not pass from the state until the applicant therefor shall have complied fully with the
provisions of the laws of the United States and the regulations thereunder concerning the
acquisition of the right to use water from such works and shall produce the evidence thereof
duly issued. After the withdrawal of lands by the United States for any irrigation project, no
application for the purchase of state lands within the limits of such withdrawal shall be accepted,
except upon the conditions prescribed in this section. Any state lands needed by the United

States for irrigation works shall be sold to the United States at the lowest price authorized by
law.
### § 61-14-15. Unauthorized diversion of water from irrigation ditches.

It is unlawful for any person to divert any of the water from any irrigation works in this state
without first having obtained the permission of the owner of the works or of the person or
persons lawfully in charge thereof.
### § 61-14-16. Willfully allowing water to flow or fall upon roadway prohibited - Penalty.

No person may place, erect, or operate a sprinkler irrigation system, center pivot irrigation
system, or other irrigation works or equipment upon or across any highway, street, or road or in
such a manner as to willfully allow water from the irrigation works or equipment to flow or fall
upon any highway, street, or road. This section does not apply to the transportation of irrigation
works or equipment upon a highway, street, or road. A person violating this section is guilty of an
infraction.
