North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-02 - Mineral Exploration and Development
Chapter 43-02-05 - Underground Injection Control
Section 43-02-05-03 - Exempted aquifers

Universal Citation: ND Admin Code ยง 43-02-05-03

Current through Supplement No. 392, April, 2024

An aquifer or a portion thereof which meets the criteria for an underground source of drinking water may be determined by the commission, after notice and hearing, to be an exempted aquifer if it meets the following criteria:

1. It does not currently serve as a source of drinking water; and

2. It cannot now and will not in the future serve as a source of drinking water because:

a. It is mineral, hydrocarbon, or geothermal energy producing, or can be demonstrated by a permit applicant as part of a permit application for an underground injection permit to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible; or

b. It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technologically impractical; or

c. It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or

3. The total dissolved solids content of the ground water is more than three thousand and less than ten thousand milligrams per liter and it is not reasonably expected to supply a public water system.

General Authority: NDCC 38-08-04(2)

Law Implemented: NDCC 38-08-04(2)

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