61-32-03. Permit to drain waters required - Penalty.
350 words·~2 min read·
/nd/title-61/chapter-61-32-drainage/61-32-03·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Any person, before draining a pond, slough, lake, or sheetwater, or any series thereof, which has a watershed area comprising eighty acres [32.37 hectares] or more, shall first secure a permit to do so. The permit application must be submitted to the department of water resources. The department shall refer the application to the water resource district or districts within which is found a majority of the watershed or drainage area of the pond, slough, lake, or sheetwater for consideration and approval, but the department may require applications proposing drainage of statewide or interdistrict significance be returned to the department for final approval.
A permit may not be granted until an investigation discloses the quantity of water which will be drained from the pond, slough, lake, or sheetwater, or any series of those water bodies, will not flood or adversely affect downstream lands. If the investigation shows the proposed drainage will flood or adversely affect lands of downstream landowners, the water resource board may not issue a permit until flowage easements are obtained. The flowage easements must be filed for record in the office of the recorder of the county or counties in which the lands are situated.
An owner of land proposing to drain shall undertake and agree to pay the expenses incurred in making the required investigation. This section does not apply to the construction or maintenance of any existing or prospective drain constructed under the supervision of a state or federal agency, as determined by the department of water resources.
Any person draining, or causing to be drained, a pond, slough, lake, or sheetwater, or any series of those water bodies, which has a watershed area comprising eighty acres [32.37 hectares] or more, without first securing a permit to do so, as provided by this section, is liable for all damage sustained by any person caused by the draining, and is guilty of an infraction. As used in this section, sheetwater means shallow water that floods land not normally subject to standing water. The department of water resources may adopt rules for temporary permits for emergency drainage.