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Do I need a water permit?

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Do I need a water permit?

Link to Regulation of Water Use

North Dakota
N.D.C.C. §61-04-02 Permit for beneficial use of water required. Any person, before commencing any construction for the purpose of appropriating waters of the state or before taking waters of the state (as defined in N.D.C.C. §61-01-01) from any constructed works, shall first secure a water permit from the state engineer

  • unless such construction or taking from such constructed works is for domestic or livestock purposes or for fish, wildlife, and other recreational uses (as defined in N.D.C.C. §61-04-01.1) or unless otherwise provided by law.
  • However, immediately upon completing any constructed works for domestic or livestock purposes or for fish, wildlife, and other recreational uses the water user shall notify the state engineer of the location and acre-feet [1233.48 cubic meters] capacity of such constructed works, dams, or dugouts.
    • Regardless of proposed use, however, all water users shall secure a water permit prior to constructing an impoundment capable of retaining more than twelve and one-half acre-feet [15418.52 cubic meters] of water or the construction of a well from which more than twelve and one-half acre-feet [15418.52 cubic meters] of water per year will be appropriated.
  • In those cases where a permit is not required of a landowner or the landowner's lessee to appropriate less than twelve and one-half acre-feet [15418.52 cubic meters] of water from any source for domestic or livestock purposes or for fish, wildlife, and other recreational uses, those appropriators may apply for water permits in order to clearly establish a priority date; the state engineer may waive any fee or hearing for such applications.

An applicant for a water permit to irrigate need not be the owner of the land to be irrigated.

N.D.C.C. §61-04-06.3. Priority. Priority in time shall give the superior water right. Priority of a water right acquired under this chapter dates from the filing of an application with the state engineer,

  • except for water applied to domestic, livestock, or fish, wildlife, and other recreational uses in which case the priority date shall relate back to the date when the quantity of water in question was first appropriated, unless otherwise provided by law.

Montana
M.C.A. §85-2-301. Right to appropriate -- recognition and confirmation of permits issued after July 1, 1973.
M.C.A. §85-2-302. Application for permit. "... a person may not appropriate water or commence construction of diversion, impoundment, withdrawal, or related distribution works except by applying for and receiving a permit from the department."
M.C.A. §85-2-306. Exceptions to permit requirements.

Texas
Water Code §11.121 Permit Required.  "... no person may appropriate any state water or begin construction of any work designed for the storage, taking, or diversion of water without first obtaining a permit from the commission to make the appropriation."

Washington
RCW 90.03.250. Appropriation procedure -- Application for permit -- Temporary permit. "Any person, municipal corporation, firm, irrigation district, association, corporation or water users' association hereafter desiring to appropriate water for a beneficial use shall make an application to the department for a permit to make such appropriation, and shall not use or divert such waters until he has received a permit..."


 

   
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