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HB 1042

AN ACT to amend and reenact section 61-04-14 of the North Dakota Century Code, relating to extending time for the application of water to a beneficial use.

69th Legislative Assembly (2025-26)

ND HB 1042: allows Water Resources to extend the time to apply water to a conditional permit, with a 60-day renewal window after notice; failure or denial triggers forfeiture.

Filed with Secretary Of State 03/18
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Bill Summary · HB 1042

HB 1042 — North Dakota (Sixty-ninth Legislative Assembly, 2025)

AN ACT to amend and reenact section 61-04-14 of the North Dakota Century Code — extending time for the application of water to a beneficial use

Purpose

To clarify and tighten the rules governing extensions of time for applying water under a conditional water permit, including a fixed deadline to request renewal after a permit’s application period expires and to make certain administrative hearing sections inapplicable to these extension/forfeiture decisions.

Key provisions

  • Amends NDCC § 61-04-14 to authorize the Department of Water Resources to extend the time to apply water to the beneficial use named in a conditional water permit “for good cause shown.”
  • Allows the department to renew and extend the period upon application after the original time has expired.
  • Establishes a 60‑day deadline: a conditional permit (or any portion of it) is considered forfeited if the permit holder does not submit a request for renewal to the department within 60 days after the date the permit holder is informed that the application period has expired.
  • Provides that if a request to extend time is denied, the conditional permit (or that portion) is considered forfeited.
  • Clarifies that sections 61‑04‑23 through 61‑04‑25 do not apply to this section (i.e., those statutory provisions for certain procedures or appeals are excluded from § 61‑04‑14 actions).

Who is affected

  • Holders of conditional water permits in North Dakota (irrigators, municipalities, industrial users, developers, or other water-rights applicants).
  • The North Dakota Department of Water Resources (administration, notice responsibilities, and discretionary authority).
  • Potentially other water users and future applicants because forfeiture can affect water-right priority and availability.

Procedural and timeline aspects

  • Triggering event: department informs the permitholder that the authorized period for applying water has expired.
  • Permitholder then has 60 days from that notice date to file a request for renewal/extension with the department.
  • If no request is filed within 60 days, the permit (or affected portion) is automatically deemed forfeited.
  • If the department denies an extension request, the permit (or portion) is forfeited.
  • The act removes the application of §§ 61‑04‑23–25 to these extension/forfeiture actions (check those sections for existing procedures or contest mechanisms that will no longer apply here).

Potential impacts and considerations

  • Creates a clear, short deadline (60 days) to preserve conditional permits after expiration — increases predictability for administration and for other water users awaiting reallocations.
  • Raises risk of forfeiture if permit holders fail to receive or act on the department’s notice; places importance on timely communication and administrative processing.
  • By exempting §§ 61‑04‑23–25, the bill may limit or streamline procedural protections or appeals generally available elsewhere in the chapter—stakeholders should review which procedures are excluded and whether alternative review mechanisms remain.
  • Overall effect: strengthens administrative certainty on permit expiration/renewal while concentrating discretion with the Department of Water Resources.

Legislative status (selected actions)

  • Introduced by: Energy and Natural Resources Committee (at request of Department of Water Resources).
  • Introduced: Jan 7, 2025.
  • House passage: Jan 17, 2025 (Yeas 90, Nays 0).
  • Senate passage: Mar 10, 2025 (Yeas 45, Nays 0).
  • Reported enrolled and filed with Secretary of State: March 18, 2025 (legislative summary indicates Governor’s signature March 17, 2025).

For a full legal effect assessment, stakeholders should review the amended statutory text at NDCC § 61‑04‑14 and consult the Department of Water Resources’ guidance on notice procedures and application processing.

Compiled from official sources — confirm details with the bill’s official record.

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