North Dakota Administrative Code
Title 89 - Water Commission
Article 89-04 - Water Management Plans for Surface Coal Mining Operations
Chapter 89-04-09 - Permanent Impoundments
Section 89-04-09-01 - Requirements for permanent impoundments
Current through Supplement No. 394, October, 2024
The permittee may construct, if authorized by the state engineer pursuant to this chapter, permanent water impoundments on mining sites as a part of reclamation activities only when they are adequately demonstrated to be in compliance with applicable state statutes and regulations in addition to the following requirements:
1. The size of the impoundment is adequate for its intended purposes.
2. The impoundment dam construction is designed to achieve necessary stability with an adequate margin of safety compatible with that of structures constructed under the Watershed Protection and Flood Prevention Act ( Pub. L. 83-566, 16 U.S.C. 1006) .
3. The level of water will be reasonable stable.
4. Final grading will provide adequate safety and access for proposed water users.
5. Water impoundments will not result in the diminution of the quantity of water used by adjacent or surrounding landowners for agricultural, industrial, recreational, or domestic uses.
General Authority: NDCC 28-32-02, 61-02-11, 61-03-13
Law Implemented: NDCC 61-02-14
