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Show Chapter 34. NORTH DAKOTA CONTENTS Page 1. Development of North Dakota Water Law______________________ 579 2. State Organizational Structure for Water Administration and Control. _ 579 2.1 Administration of Water Rights_______________________ 579 2.2 Resolution of Water Use Conflicts_____________________ 582 2.3 Other Agencies Having Water Resource Responsibilities____ 582 3. Surface Waters____________________________________________ 583 3.1 Method of Acquiring Rights__________________________ 583 3.2 Nature and Limit of Rights__________________________ 584 3.3 Changes, Sales, and Transfers_________________________ 586 3.4 Loss of Rights_____________________________________ 586 3.5 Storage Waters, Artificial Lakes, and Ponds_____________ 587 3.6 Springs__________________________________________ 588 3.7 Diffused Surface Waters_____________________________ 588 4. Ground Water____________________________________________ 588 Publications Available________________________________________ 589 DISCUSSION 1. Development of North Dakota Water Law The experience of North Dakota has largely been a parallel of that of South Dakota, at least in the sense that riparian rights were first declared to be the water law of the State, followed by a series of efforts to supplant that system with the appropriation system. The courts applied riparian rights doctrines to surface streams in the early decisions. In 1866, the territorial legislature adopted an ab- solute ownership rule as to subterranean percolating water and dif- fused surface water, and this statute actually remained on the books until 1963, when it was repealed. In the meantime, an appropriation system was established. In 1905, 16 years following statehood, North Dakota enacted an irrigation code which declared that all water within the State was public and subject to appropriation for beneficial use. The statute also established administrative machinery to supervise appropriation and use of water. The 1905 act was never challenged in the courts as to its constitutionality, and, though amended a number of times, was the foundation upon which the State made its transition from a riparian to an appropriation jurisdiction. 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights In North Dakota the administrative control of water rights is divided between two agencies. The State Water Conservation Com- mission and the State engineer have joint responsibilities with respect to the appropriation of water. While the administrative role in the 579 499-242-73------38 |
