Water resource districts may determine if a watercourse is constituted by definition if the district needs to identify a watercourse as part of its powers, authority, or responsibilities under North Dakota Century Code title 61. If a district requests a watercourse determination from the department according to section 61-01-06, the department's decision is final and subject to appeal under North Dakota Century Code section 61-03-22. Watercourse determinations need not be formally made if they are made in conjunction with a permitting or complaint or appeal decision under North Dakota Century Code title 61, unless requested by a district under section 61-01-06. The department must provide a formal determination if requested by a district under section 61-01-06.
N.D. Admin Code 89-15-01-04
General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-01-06