North Dakota Administrative Code
Title 89 - Water Commission
Article 89-04 - Water Management Plans for Surface Coal Mining Operations
Chapter 89-04-01 - General Provisions
Section 89-04-01-04 - Permit requirements satisfied

Permits are presently required from the state water commission and the state engineer for the drainage of waters (North Dakota Century Code sections 61-15-08 and 61-16.1-41) and for the construction of dikes and dams (North Dakota Century Code section 61-16.1-38). A water management plan which satisfies the requirements of this article and has been approved by the state engineer, shall serve as approval of the permit requirements pursuant to North Dakota Century Code sections 61-15-08, 61-16.1-38, and 61-16.1-41. This does not preclude a permittee from securing a permit for additional construction affecting water resources which is necessary after the water management plan has been approved. Pursuant to North Dakota Century Code sections 61-16.1-38 and 61-16.1-41, local water management districts must also approve the appropriate activities. Therefore, those aspects of a water management plan which require the approval of local water management districts shall be submitted to and approved by the appropriate water management district.

General Authority: NDCC 28-32-02, 61-02-11, 61-03-13

Law Implemented: NDCC 61-02-14