North Dakota’s water law, like many Western states, operates under a prior appropriation doctrine, often referred to as “first in time, first in right.” This doctrine means that the first person to divert water and put it to a beneficial use gains a senior water right. Subsequent users obtain junior rights, meaning they can only use water after senior rights have been fully satisfied, particularly during times of scarcity. Beneficial use is a cornerstone, requiring water to be used for a recognized purpose that benefits society, such as agriculture, industry, or municipal supply, and must be efficient. Abandonment of a water right can occur if the water is not used for a continuous period, typically five years, demonstrating an intent to cease the beneficial use. This non-use must be coupled with an intent to abandon, not merely temporary inability to use. The North Dakota State Water Commission oversees water permits and adjudications. In the given scenario, the existing permit holder’s failure to divert and use water for a period exceeding five years, without any demonstrated intent to resume the beneficial use, strongly suggests the potential for abandonment under North Dakota law. This would allow for the reallocation of that water right to new applicants who can demonstrate a beneficial use.

In North Dakota, the doctrine of prior appropriation governs water rights. This means that the first person to put water to a beneficial use has the senior right to that water. When considering a change in the point of diversion for an existing water permit, the primary concern is whether the change will impair the rights of other water users. North Dakota Century Code (NDCC) § 61-04-15 outlines the requirements for such changes. Specifically, a permittee must apply to the State Water Commission for approval of any change in the point of diversion, location of use, or place of use. The commission will review the application to ensure that the proposed change does not adversely affect the water rights of other appropriators. This involves assessing the impact on the overall water supply and the established rights of downstream users or other permit holders who may rely on the same water source. If the change is approved, the permit will be amended to reflect the new conditions. If the change is denied, the permittee must adhere to the original terms of the permit. The concept of “impairment” is central to this process, meaning that the change cannot cause other users to receive less water than they are entitled to under their own permits, nor can it negatively affect the usability of the water for their authorized purposes.

In North Dakota, the doctrine of prior appropriation governs water rights, meaning the first person to divert and use water for a beneficial purpose gains a senior right to that water. This is often summarized as “first in time, first in right.” When considering the transfer of a water right, North Dakota Century Code (NDCC) Section 61-04-26 outlines the process. A water right permit holder may transfer their right, but this transfer is subject to the approval of the State Water Commission. The key consideration for approval is that the transfer must not adversely affect the rights of other existing water users. This means that the proposed new use or place of use cannot diminish the quantity or quality of water available to senior appropriators or otherwise impair their vested rights. The transfer of a water right is not automatic; it requires a formal application and review process to ensure compliance with the prior appropriation doctrine and the protection of existing water users within the state’s water management framework.

In North Dakota, the appropriation of surface water is governed by the doctrine of prior appropriation, meaning the first to put water to beneficial use has the senior right. This system prioritizes existing rights when water is scarce. However, the state also recognizes the importance of groundwater and its management. North Dakota Century Code (NDCC) Chapter 61-04 establishes the framework for water rights, including the requirement for a permit to appropriate water from any public watercourse. The State Water Commission is the primary administrative body responsible for issuing these permits and adjudicating water rights. When considering the transfer of a water right, the process involves demonstrating that the transfer will not impair existing water rights and that the new use is also a beneficial use. This ensures the integrity of the prior appropriation system. The concept of “beneficial use” is central and includes uses such as irrigation, domestic supply, industrial purposes, and others deemed beneficial by the state. Impairment of existing rights is a critical factor; if a proposed new appropriation or transfer would diminish the quantity or quality of water available to a senior appropriator, it would typically be denied or conditioned. The administration of water rights is a dynamic process, balancing the needs of various users and the protection of the resource itself.

In North Dakota, the appropriation of surface water is governed by the doctrine of prior appropriation, often referred to as “first in time, first in right.” This means that the first person to divert water and put it to a beneficial use has a senior water right. Subsequent users acquire junior rights. When water is scarce, senior rights holders are entitled to receive their full allocation before junior users receive any water. This system is administered by the State Engineer, who issues permits for water use. A permit typically specifies the source of water, the amount that can be diverted, the period of use, and the beneficial use for which the water is intended. Beneficial uses are defined by statute and include domestic, agricultural, industrial, and other purposes that are recognized as promoting the public welfare. The concept of “beneficial use” is crucial; water rights are not absolute but are tied to the actual application of water to a recognized beneficial purpose. Waste of water is prohibited. The State Engineer has the authority to investigate potential waste and to modify or revoke permits if water is not being used beneficially or if the terms of the permit are violated. The priority date of a water right is established when the application for a permit is filed with the State Engineer and the permit is subsequently issued. This priority date is paramount in times of shortage.

North Dakota follows the prior appropriation doctrine for water rights, meaning “first in time, first in right.” This doctrine is codified in North Dakota Century Code (NDCC) Chapter 61-04, which governs the appropriation of water. When considering the transfer of a water right, the primary legal test is whether the transfer will impair existing water rights. This impairment analysis focuses on whether the proposed change in use, location of diversion, or point of diversion would diminish the quantity or quality of water available to senior appropriators or otherwise adversely affect their vested rights. NDCC 61-04-16 outlines the requirements for a change in an appropriation, stating that a change in the point of diversion, place of use, or purpose of use of water may be permitted by the state engineer if it does not materially injure other lawful users of water. The key is to assess the potential impact on the hydrological system and the rights of those who have already established their claims to the water. If a proposed transfer creates a risk of such injury, it will not be approved. This principle ensures the stability and predictability of water rights within the state.

In North Dakota, the doctrine of prior appropriation governs water rights. This means that the first person to divert water and put it to a beneficial use has the senior right to that water. Subsequent users can only appropriate water that is not already claimed by senior appropriators. The State Water Commission is responsible for administering water rights and ensuring that all water is used in accordance with the law. When considering a new appropriation, the commission must assess whether the proposed use will impair existing rights. This involves examining the flow rates, historical diversions, and the nature of existing appropriations. If a proposed appropriation would reduce the available water below the needs of senior rights holders, it will be denied or conditioned. The concept of “beneficial use” is central, encompassing uses such as irrigation, domestic supply, industrial purposes, and power generation, but it must be a use that is recognized as proper and for the public good. The State Engineer, under the direction of the State Water Commission, manages the records of all water rights. The process for obtaining a new water permit involves an application, public notice, and a review by the State Engineer to ensure compliance with the prior appropriation doctrine and other statutory requirements, including the prevention of waste and the protection of existing rights.

North Dakota’s water law is primarily based on the prior appropriation doctrine, often referred to as “first in time, first in right.” This means that the person who first put water to a beneficial use has the senior right to that water, and subsequent users have junior rights. When water is scarce, senior rights holders are entitled to receive their full appropriation before junior rights holders receive any water. Beneficial use is a cornerstone of this doctrine, requiring that water be used for a purpose that is recognized as beneficial by the state, such as agriculture, industry, or domestic use, and that it be used efficiently and without waste. The State Water Commission, now the Water Resource Division of the State Engineer’s office, administers water rights in North Dakota. Permits are required for most water uses, and these permits specify the source of water, the amount that can be diverted, the period of use, and the purpose of the use. Abandonment of a water right can occur if a water user ceases to divert or use water for a beneficial purpose for a statutory period, indicating an intent to abandon the right. This principle ensures that water resources are utilized efficiently and are not held idly. The concept of riparian rights, which is common in some other states and grants water rights to landowners adjacent to a watercourse, is not the primary basis for water allocation in North Dakota.

North Dakota’s water law, rooted in the prior appropriation doctrine, dictates that the first person to divert water and put it to a beneficial use gains a superior right to that water. This right is quantified and specific to the point of diversion and the beneficial use. When considering the transfer of water rights, North Dakota law, as outlined in statutes like NDCC § 61-04-23, generally allows for the transfer of a water right, provided that the transfer does not impair existing water rights. The process involves an application to the State Water Commission, which then evaluates the proposed change. Crucially, the law emphasizes that the original beneficial use is not abandoned if the water right is transferred to a new user or a new use, as long as the transfer is approved and the water continues to be used beneficially without detriment to others. This principle ensures the efficient allocation of a scarce resource while protecting the established rights of existing appropriators. The key consideration in any transfer is the prevention of impairment, meaning that the new use or place of use cannot negatively impact the water supply available to senior water rights holders.

North Dakota follows a prior appropriation system for water rights, meaning “first in time, first in right.” This principle dictates that the earliest established water rights have priority over later ones during times of scarcity. The State Engineer administers water rights, issuing permits for beneficial use. A permit specifies the source of water, the amount that can be withdrawn, the period of use, and the specific beneficial use for which the water is intended. Transfers of water rights are permitted but must be approved by the State Engineer to ensure the transfer does not impair existing rights. The concept of “beneficial use” is central, requiring that water be used efficiently and for a recognized purpose, such as agriculture, industry, or municipal supply, and not be wasted. Diversion of water for a purpose not specified in the permit, or in excess of the permitted amount, constitutes an unlawful diversion and can lead to forfeiture or cancellation of the water right. The State Engineer has the authority to investigate alleged violations and take enforcement actions. In this scenario, the farmer’s diversion for a new industrial purpose, not originally permitted, and without State Engineer approval, violates the core principles of prior appropriation and beneficial use. This unauthorized diversion, even if the water source has surplus flow, is a violation of the established water right’s terms and conditions.

North Dakota operates under a prior appropriation system for water rights, often referred to as “first in time, first in right.” This means that the first person to divert water and put it to beneficial use establishes a senior water right. Subsequent rights are junior to existing senior rights. When water is scarce, senior rights holders are entitled to receive their full allocation of water before any junior rights holders receive any water. This principle is fundamental to managing water resources in arid and semi-arid regions like North Dakota, ensuring predictability and stability for water users. The State Water Commission is responsible for administering these water rights, issuing permits, and adjudicating disputes. Beneficial use is a cornerstone, meaning water must be used for a recognized purpose that benefits the public or private interest, such as agriculture, industry, or domestic use, and cannot be wasted. The concept of “waste” is critical; a water user cannot divert more water than is reasonably needed for their beneficial use, nor can they allow water to escape their control without being put to beneficial use.

North Dakota follows the doctrine of prior appropriation for water rights, meaning the first person to divert water and put it to a beneficial use has the senior right. This principle is codified in North Dakota Century Code Chapter 61-04. When considering the abandonment of a water right, North Dakota law, specifically North Dakota Century Code Section 61-04-30, outlines the conditions under which a water right may be deemed abandoned. Abandonment occurs when a water right holder intentionally relinquishes their right or fails to use the water for a period of five consecutive years, provided such non-use is not due to unavoidable causes or acts of God. The intent to abandon is a crucial element, and non-use alone is not conclusive evidence of abandonment if the holder can demonstrate a continuous intent to resume the beneficial use. For example, if a farmer with an irrigation right experiences a drought that prevents them from using water for three years but they continue to maintain their irrigation equipment and express their intent to irrigate as soon as conditions allow, their right would likely not be considered abandoned. Conversely, if the farmer ceased all maintenance and made no effort to resume irrigation for five years, the right could be subject to forfeiture. The State Water Commission plays a role in reviewing claims of abandonment.

North Dakota’s water law is primarily based on the prior appropriation doctrine, meaning “first in time, first in right.” This doctrine dictates that the first person to divert water and put it to a beneficial use has a superior right to that water over subsequent users. Beneficial use is a cornerstone of this system and is defined by North Dakota Century Code (NDCC) § 61-04-01 as “the use of water for domestic, agricultural, industrial, commercial, recreational, or other purposes, or for the generation of power, or for the disposal of sewage, or for the preservation of fish and wildlife, or for any other purpose that is of use or benefit to the state or its inhabitants.” The concept of “beneficial use” is not static and can evolve with technological advancements and changing societal needs, but it always requires an actual, useful application of water. A decreed water right is a formal recognition of this beneficial use, establishing the priority date, the amount of water, and the specific use for which the water may be diverted. The State Water Commission, now the Water Resource Division of the State Engineer’s office, is responsible for administering these water rights. Transfer of a water right requires approval from the State Engineer to ensure the transfer does not impair existing rights and that the water continues to be used for a beneficial purpose.

North Dakota follows the prior appropriation doctrine for water rights, meaning “first in time, first in right.” This doctrine prioritizes water rights based on the date of their establishment. When considering the transfer of a water right, North Dakota law, specifically under Chapter 61-04 of the North Dakota Century Code, requires that such transfers must not adversely affect existing water rights. This means that a senior water right holder cannot have their supply diminished or their ability to use their water impaired by a transfer granted to a junior user. The State Water Commission, now the Water Resource Board, is responsible for reviewing and approving these transfers. The process involves assessing the potential impact on other appropriators and the public interest. If a transfer is approved, it is typically subject to conditions to ensure no harm to existing rights. The concept of “beneficial use” is also fundamental, meaning water must be used for a purpose recognized by law and in a manner that does not waste it. A change in the point of diversion, place of use, or purpose of use of a water right generally constitutes a transfer and is subject to this review process. The core principle is to protect the integrity of the established water right system and prevent detrimental changes for other lawful users.

North Dakota’s water law is primarily based on the doctrine of prior appropriation, meaning “first in time, first in right.” This doctrine governs the allocation of surface water resources. When considering the transfer of water rights, North Dakota law, as outlined in the North Dakota Century Code (NDCC) Chapter 61-04, requires that any proposed change in the use of water, or in the point of diversion or place of use, must be approved by the State Engineer. This approval is contingent upon the change not impairing existing water rights. Impairment is assessed by considering the potential impact on downstream users and other appropriators. The process involves an application for a change, a review by the State Engineer, and potentially public notice and a hearing if objections are raised. If the State Engineer determines that the change would impair existing rights, the application will be denied. The law emphasizes the protection of established water rights and the efficient use of the state’s water resources. The concept of “beneficial use” is also fundamental, meaning water must be used for a purpose that is recognized as valuable and advantageous to the state.

North Dakota operates under a prior appropriation system for water rights, often referred to as “first in time, first in right.” This means that the first person to divert water and put it to a beneficial use generally has a senior right to that water. When water is scarce, senior rights holders are entitled to receive their full allocation before junior rights holders receive any water. Beneficial use is a cornerstone of water law in North Dakota, meaning the water must be used for a recognized purpose that benefits the public or the user, such as agriculture, industry, or domestic use, and it must be used efficiently. Abandonment of a water right can occur if a water user ceases to divert and use the water for a beneficial purpose for a statutory period, indicating an intent to relinquish the right. The State Water Commission plays a crucial role in administering water rights, issuing permits, and adjudicating disputes. A permit is required to divert and use water, and the terms of the permit, including the amount of water and the beneficial use, are critical. If a junior appropriator continues to divert water despite a senior appropriator’s need and the existence of a drought condition, the junior appropriator is in violation of the prior appropriation doctrine. The senior appropriator has the legal right to demand their full appropriation, and the State Water Commission can take action to enforce this right. The concept of “waste” is also important; water must be used efficiently, and any water intentionally or negligently wasted can be subject to forfeiture or reduction of the water right. In this scenario, the senior water right holder, having established their right prior to the junior user and facing a drought, is entitled to their full water allocation. The junior user’s continued diversion, knowing the senior right exists and in the face of scarcity, is an infringement upon the senior right.

North Dakota operates under a prior appropriation system for water rights, often referred to as “first in time, first in right.” This system dictates that the first person to divert water and put it to beneficial use acquires a senior water right. Subsequent rights are junior to earlier ones. Beneficial use is a cornerstone of water law, meaning the water must be used for a recognized purpose that benefits the public or the user, such as agriculture, industry, or domestic supply, and must not be wasteful. The North Dakota State Water Commission is the primary administrative body responsible for granting, regulating, and adjudicating water rights. When considering a new appropriation, the Commission must ensure that granting the permit will not impair existing senior water rights. This involves assessing the availability of water in the source, the proposed rate and volume of diversion, the efficiency of the proposed use, and the potential impact on other users and the environment. The concept of “waste” is critical; water diverted must be used efficiently and not allowed to dissipate unnecessarily. A permit holder is entitled to the amount of water specified in their permit, subject to the condition that it is used for the designated beneficial purpose and that senior rights are not infringed upon. If a senior water right holder is not receiving their allocated water due to upstream diversions, they have the legal recourse to demand that junior users cease diversions until their senior right is satisfied. This prioritizes established rights over newer ones.

North Dakota operates under a prior appropriation system for water rights, commonly referred to as “first in time, first in right.” This means that the first person to divert water and put it to a beneficial use, and obtain a water permit, generally has a senior right to that water. When water becomes scarce, senior water rights holders are entitled to receive their full allocation before junior rights holders receive any. This principle is fundamental to managing water resources in an arid or semi-arid climate like North Dakota, where water availability can fluctuate significantly. The State Water Commission, now the Water Resource Management Program within the State Engineer’s office, is responsible for administering these water rights. Beneficial use is a cornerstone, requiring that water be used for a recognized purpose that benefits the public, such as agriculture, industry, or municipal supply, and that it be used efficiently. Abandonment of a water right can occur if the water is not used for a period of five consecutive years, demonstrating intent to cease the beneficial use, as outlined in North Dakota Century Code Chapter 61-04. The concept of “waste” is also critical; water users are prohibited from wasting water, and any water that is wasted is not considered a beneficial use and can lead to forfeiture of the right. Therefore, a water user must continuously apply the water to a beneficial use to maintain their priority.

North Dakota, like many Western states, operates under a prior appropriation water rights system, often referred to as “first in time, first in right.” This system prioritizes water rights based on the date of their establishment. When water is scarce, senior rights holders, those who established their rights earlier, are entitled to receive their full allocation of water before junior rights holders receive any. This principle is fundamental to managing water resources in arid and semi-arid regions where water availability can fluctuate significantly. The State Engineer is the administrative authority responsible for issuing, regulating, and adjudicating water rights within North Dakota. This role involves overseeing the appropriation process, ensuring compliance with water laws, and resolving disputes among water users. The concept of beneficial use is also central; water rights are granted for specific beneficial purposes, and the amount of water allocated is limited to what is reasonably required for that purpose. Abandonment of a water right can occur if the water is not used for a statutory period, indicating an intent to cease the beneficial use. The North Dakota Century Code, specifically Title 61, governs water rights and administration. The State Engineer’s authority extends to the administration of these rights during periods of shortage, ensuring that the priority system is maintained.

North Dakota follows a system of prior appropriation for water rights, often referred to as “first in time, first in right.” This means that the first person to divert water and put it to a beneficial use establishes a senior water right. Subsequent rights are junior to earlier ones. When water is scarce, senior rights holders are entitled to receive their full appropriation before junior rights holders receive any water. The State Water Commission, through the State Engineer, administers water rights in North Dakota. The concept of “beneficial use” is central, and water rights are granted for specific uses, such as irrigation, industrial purposes, municipal supply, or domestic use. If a water right is not exercised for a period of five consecutive years, it is considered abandoned, and the water may be available for appropriation by others. Abandonment is a critical aspect of maintaining water rights, ensuring that water resources are utilized efficiently. The North Dakota Century Code, particularly Chapter 61-04, outlines the procedures for water appropriation, adjudication, and the administration of water rights. A key principle is that water rights are appurtenant to the land for which they were granted, though this can vary depending on the specific terms of the permit and the nature of the use. The administration of these rights involves monitoring diversions, resolving disputes, and ensuring compliance with permit conditions.

North Dakota’s water law is primarily based on the doctrine of prior appropriation, often referred to as “first in time, first in right.” This means that the first person to divert water and put it to beneficial use generally has a senior water right. Beneficial use is a key concept, defined by statute and interpreted by courts, encompassing uses such as agriculture, industry, domestic supply, and recreation. The State Engineer administers water rights, issuing permits for new appropriations and maintaining records of existing rights. A permit is a prerequisite for establishing a new water right. Water rights are appurtenant to the land for which they were granted and are not generally transferable to other locations or uses without a formal change in use application and approval by the State Engineer. This process ensures that changes in water use do not harm existing senior water rights holders. The concept of “waste” is also critical; water users are prohibited from wasting water, and the State Engineer can take action to prevent it. Furthermore, North Dakota law addresses existing rights at the time of statehood and the adjudication of water rights. The State Engineer is empowered to investigate and adjudicate all existing water rights to determine their priority, extent, and the nature of the use. This process aims to create a clear and definitive record of water rights within the state, promoting certainty and efficient water management.

North Dakota operates under a prior appropriation system for water rights, meaning the first to divert and put water to beneficial use has the senior right. This system is codified in North Dakota Century Code Chapter 61-04. When considering the transfer of a water right, the process involves several key considerations to ensure the transfer does not harm existing rights holders or the public interest. A proposed transfer of a water right from agricultural use to industrial use requires an application to the State Engineer. The State Engineer must review the application to determine if the proposed new use is a beneficial use and if the transfer will impair existing water rights. Impairment is typically assessed by examining the impact on downstream users who hold senior rights. If the transfer involves changing the point of diversion or the type of use, a thorough analysis of the historical water usage and the potential impact on the water source, especially during periods of scarcity, is crucial. North Dakota law, specifically under NDCC § 61-04-15, allows for the transfer of water rights, but it is subject to the condition that the transfer does not adversely affect other water users or the public welfare. The State Engineer has the authority to approve, deny, or approve with modifications the proposed transfer. The burden of proof is on the applicant to demonstrate that the transfer will not cause impairment. This involves providing evidence of the historical use, the nature of the proposed use, and a plan to mitigate any potential negative impacts on the water resource and other users. The concept of “beneficial use” is central to all water rights in North Dakota and is defined broadly to include agricultural, domestic, industrial, and recreational purposes, among others. However, the quantification and prioritization of these uses are determined by the appropriation system.

In North Dakota, the doctrine of prior appropriation governs water rights, meaning the first person to divert water and put it to a beneficial use has the superior right. This is often summarized as “first in time, first in right.” The State Engineer administers water rights under the direction of the State Water Commission. An application for a permit to appropriate water must be filed with the State Engineer. If the application is approved, a permit is issued, which is a prerequisite to acquiring a vested right. The permit specifies the amount of water, the source, the point of diversion, and the beneficial use. Beneficial use is a key concept, encompassing uses such as irrigation, domestic supply, industrial purposes, and recreation, among others, as defined by North Dakota Century Code (NDCC) Chapter 61-04. The State Engineer reviews applications to ensure they do not impair existing water rights and that the proposed use is beneficial and in the public interest. A permit is not a guarantee of water availability, as rights are subject to natural conditions and the rights of senior appropriators. If a permit is granted, the permittee must then construct the diversion works and use the water as specified in the permit. Once the water is being used beneficially, the permittee can apply for a license to appropriate water, which then constitutes a vested right. The process emphasizes the historical development of water rights through appropriation and beneficial use, a fundamental principle in arid and semi-arid regions like North Dakota.

North Dakota follows a prior appropriation system for water rights, meaning the first to divert and put water to beneficial use has the senior right. This system is codified in North Dakota Century Code Chapter 61-04. When considering the transfer of a water right, the State Engineer must approve the change to ensure it does not impair existing rights. This process involves an application for a change in point of diversion, place of use, or type of use. The State Engineer evaluates whether the proposed change would negatively impact other water users who hold prior or junior appropriations. If the change is approved, it is typically conditioned to protect existing rights. The concept of “beneficial use” is central, meaning the use must be reasonable and for a recognized purpose, such as agriculture, industry, or domestic use. The impairment of existing rights is the primary legal hurdle for any proposed transfer or change in a water right in North Dakota. This principle is fundamental to maintaining the integrity of the state’s water allocation system.

North Dakota operates under a prior appropriation water rights system, often referred to as “first in time, first in right.” This doctrine prioritizes water rights based on the date of their establishment. When a water permit is issued, it grants the holder the right to divert and use a specific quantity of water from a particular source, subject to the terms and conditions of the permit and the overall water availability. In times of scarcity, senior water rights holders, those with earlier established permits, have priority over junior rights holders. This means that junior users may have their diversions curtailed or cease entirely to ensure senior rights are met. The State Engineer is responsible for administering water rights, including issuing permits, adjudicating disputes, and enforcing regulations. The concept of beneficial use is central to the prior appropriation system; water rights are granted for specific, recognized beneficial uses, and the water must be used for that purpose. Failure to use water for its permitted beneficial use can lead to forfeiture of the right. The State Engineer can also issue temporary permits or emergency orders to manage water resources during periods of drought or other unusual conditions, but these actions must still align with the principles of prior appropriation and beneficial use. The State Engineer’s role is crucial in balancing the needs of existing water users with the protection of the state’s water resources for future use.

North Dakota’s water law is primarily based on the doctrine of prior appropriation, often referred to as “first in time, first in right.” This means that the first person to divert water and put it to a beneficial use under a water permit has a senior right to that water compared to subsequent users. The State Engineer is responsible for administering water rights, issuing permits, and adjudicating disputes. A water permit in North Dakota is a property right that can be bought, sold, or leased, but it is always subject to the terms and conditions of the permit and the overarching principles of beneficial use and the public interest. The concept of “beneficial use” is central, encompassing uses such as irrigation, municipal supply, industrial purposes, and domestic use, provided they are reasonable and not wasteful. When considering a transfer of a water right, the State Engineer must ensure that the proposed new use is also a beneficial use and that the transfer does not adversely affect the rights of other existing permit holders or the public interest. This includes assessing whether the transfer would diminish the water supply available to senior appropriators or negatively impact the environment. North Dakota Century Code (NDCC) Chapter 61-04 governs water rights and administration, outlining the procedures for obtaining permits, making transfers, and resolving conflicts. The State Engineer has the authority to approve or deny water right transfers based on these statutory requirements and administrative rules.

North Dakota’s water law system is primarily based on the doctrine of prior appropriation, often referred to as “first in time, first in right.” This means that the first person to divert water and put it to a beneficial use generally has the senior right to that water, even during times of scarcity. The State Water Commission, now the Water Resource Division of the State Engineer’s Office, administers water rights. A water permit is required to divert and use water from any natural stream or watercourse in North Dakota. These permits specify the amount of water that can be diverted, the source of the water, the point of diversion, the place of use, and the beneficial use for which the water is intended. Beneficial use is a cornerstone of water law, encompassing uses such as irrigation, domestic supply, industrial purposes, and stock watering. The concept of “waste” is also critical; water rights holders are obligated to use water efficiently and not allow it to be wasted. When a water right is established, it is quantified and prioritized. Senior rights holders are entitled to their full appropriation before junior rights holders can take any water during a shortage. This priority system is crucial for managing water resources during drought conditions or periods of high demand. The State Engineer has the authority to regulate the distribution of water to ensure that all valid water rights are respected according to their priority dates. Failure to comply with the terms of a water permit or the regulations of the State Engineer can lead to forfeiture or cancellation of the water right. The administration of these rights aims to balance the needs of various users while protecting the overall availability of water resources within the state.

North Dakota operates under a prior appropriation water law system, meaning that the first person to divert water and put it to beneficial use has the senior right. This system is codified in North Dakota Century Code (NDCC) Chapter 61-04, which governs the appropriation of water. The principle of “beneficial use” is central to this system, requiring that water be used for a purpose that is recognized as beneficial by the state, such as agriculture, industry, or domestic use. The State Water Commission, now the Water Resource Division of the State Engineer’s office, is responsible for administering water rights. When considering a new appropriation, the state must ensure that granting the permit will not impair existing water rights. This involves an examination of the water source, the proposed use, and the potential impact on downstream users and the environment. The concept of “waste” is also critical; water must be used efficiently and not wasted. A valid appropriation typically involves filing an application with the state engineer, who then investigates the application, potentially holds hearings, and issues a permit if the appropriation is in the public interest and does not infringe upon existing rights. The permit specifies the amount of water, the point of diversion, and the beneficial use. Failure to use the water for the permitted purpose or to use it diligently can lead to forfeiture of the right. This framework prioritizes the efficient and orderly allocation of a limited resource.

North Dakota follows a prior appropriation water law system, often referred to as “first in time, first in right.” This doctrine means that the first person to divert water and put it to a beneficial use under a valid water permit has a senior right to that water. Subsequent permit holders have junior rights, meaning they can only use water after the senior rights have been satisfied. In times of scarcity, junior users must cease their diversions to allow senior users to obtain their full appropriation. Beneficial use is a key concept, requiring that water be used for a purpose recognized by law, such as agriculture, industry, or domestic use, and that the use is not wasteful. The State Engineer is the administrative official responsible for issuing permits, regulating water use, and adjudicating water rights within North Dakota. Water rights are appurtenant to the land for which the permit was granted and are not considered ownership of the water itself, but rather the right to use it. The State Engineer’s office manages a public record of all water permits and diversions, ensuring transparency and adherence to the prior appropriation principles. The concept of “waste” is critical; any water diverted beyond what is reasonably necessary for the beneficial use, or water lost through inefficient practices, can be considered waste and may lead to a forfeiture of the water right.

North Dakota follows a prior appropriation system for water rights, meaning the first to put water to beneficial use generally has the senior right. This system is codified in North Dakota Century Code Chapter 61-04. When considering the transfer of a water right, several factors are paramount. The transfer must not harm existing senior water rights. This involves an assessment of the water source’s availability and the potential impact on downstream users who hold rights established earlier in time. The proposed new use must also be a beneficial use, as defined by state law, and must be adjudicated by the State Water Commission. The process typically involves an application for transfer, a review by the State Water Commission, and a public notice period to allow any potentially affected parties to raise objections. The commission then makes a determination based on the evidence presented and the applicable statutes. If the transfer is approved, it is typically issued as a new permit or a modification to an existing permit, with specific terms and conditions to ensure compliance with water law and protect other water users. The concept of “impairment” is central to the adjudication of water right transfers in North Dakota.