61-01 General Provisions - North Dakota Statutes

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TITLE 61WATERSCHAPTER 61-01GENERAL PROVISIONS61-01-01. Waters of the state - Public waters. All waters within the limits of the statefrom the following sources of water supply belong to the public and are subject to appropriation
for beneficial use and the right to the use of these waters for such use must be acquired pursuant
to chapter 61-04:1.Waters on the surface of the earth, excluding diffused surface waters but including
surface waters whether flowing in well-defined channels or flowing through lakes,
ponds, or marshes which constitute integral parts of a stream system, or waters in
lakes;2.Waters under the surface of the earth whether such waters flow in defined
subterranean channels or are diffused percolating underground water;3.All residual waters resulting from beneficial use, and all waters artificially drained;
and4.All waters, excluding privately owned waters, in areas determined by the state
engineer to be noncontributing drainage areas. A noncontributing drainage area is
any area that does not contribute natural flowing surface water to a natural stream or
watercourse at an average frequency more often than once in three years over the
latest thirty-year period.61-01-01.1. Reciprocal rights of riparian owners. Repealed by S.L. 1977, ch. 569,