North Dakota Code 61-04-24 – Cancellation of water rights – Notice – Contents
1. If it appears any water appropriation or portion of an appropriation has not been used for a beneficial use, or having been so used at one time has ceased to be used for that purpose for more than three successive years, unless the failure or cessation of use is due to the unavailability of water, a justifiable inability to complete the works, or other good and sufficient cause, the department of water resources shall give notice of cancellation by certified mail to the permitholder and to the owners of land benefited by the appropriation as indicated on the water permit.
Terms Used In North Dakota Code 61-04-24
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- week: means seven consecutive days and the word "month" a calendar month. See North Dakota Code 1-01-33
- written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
2. The notice must contain:
a. A description of the water appropriation. b. The permit number.
c. The date of priority.
d. All points of diversion.
e. A description of all land benefited by the appropriation as indicated on the water permit.
f. Notification a notice of cancellation will be published in the county newspaper of record indicating when written comments on the cancellation must be submitted to the department for consideration.
3. The department shall publish a notice of cancellation in the official newspaper of the counties in which each point of diversion is located once each week for two consecutive weeks. The notice of cancellation must include the name and address of the permitholder, a description of the water appropriation, the permit number, the priority date, the location of all points of diversion, and a description of all land benefited by the appropriation as indicated on the water permit. The notice must state a person that files written comments with the department will be mailed the department’s final decision on cancellation.
4. The department shall pay the notice of cancellation publication costs.