61-04-01.1. Definitions
In this chapter, unless the context or subject matter otherwise requires:
1. "Adjudicative proceeding" means an appeal under chapter 28-32 of a recommended
decision prepared by the director of the department of water resources for a water
permit application.
2. "Assignment" means the change of a water permit from one permitholder to another
permitholder.
3. "Beneficial use" means a use of water for a purpose consistent with the best interests
of the people of the state.
4. "Commission" means the state water commission.
5. "Conditional water permit" means a water permit that has not been perfected.
6. "Domestic use" means the use of water by at least one family unit or household
obtaining water from the same system for personal needs and for household
purposes, including heating, drinking, washing, sanitary, and culinary uses; irrigation of
land not exceeding five acres [2.0 hectares] in area for each family unit or household
for noncommercial gardens, orchards, lawns, trees, or shrubbery; and for household
pets and domestic animals kept for household sustenance and not for sale or
commercial use.
7. "Fish, wildlife, and other recreational uses" means the use of water for the purposes of
propagating and sustaining fish and wildlife resources and for the development and
maintenance of water areas necessary for outdoor recreation activities.
8. "Fossil byproduct water" means water obtained as a byproduct of extraction and
separation from oil, gas, and other hydrocarbons, from a formation that is both not a
potable aquifer at the extraction location and is situated below the deepest potable
aquifer by the practically impermeable layer.
9. "Industrial use" means the use of water for the furtherance of a commercial enterprise
wherever located, including manufacturing, mining, or processing.
10. "Irrigation use" means the use of water for application to more than five acres
[2.0 hectares] of land to stimulate the growth of agricultural crops, including gardens,
orchards, lawns, trees, or shrubbery, or the maintenance of recreation areas such as
athletic fields, golf courses, parks, and similar types of areas, except when the water
for the facility is provided by a municipal water system.
11. "Livestock use" means the use of water for drinking purposes by herds, flocks, or
bands of animals kept for commercial purposes.
12. "Municipal or public use" means the use of water by the state through its political
subdivisions, institutions, facilities, and properties, and the inhabitants thereof, or by
unincorporated communities, subdivision developments, rural water systems, and
other entities, whether supplied by the government or by a privately owned public
utility or other agency or entity, for primarily domestic purposes, as defined herein.
13. "Party of record" means a person who filed written comments by the date specified
under subsection 5 of section 61-04-05.
14. "Perfected water permit" means a water permit where the water appropriated under a
conditional water permit has been applied to a beneficial use and the department of
water resources has inspected the works to verify all conditions have been met.
15. "Permitholder" means the name of the entity holding a water permit.
16. "Point of diversion" means the tract of land where the waters of the state are
withdrawn or diverted.
17. "Priority date" means the date assigned to an application or water right.
18. "Public hearing" means an administrative proceeding, not an adjudicative proceeding,
which provides all interested persons an opportunity to present oral or written
comments on a water permit application.
19. "Rural water system" means a water supply system designed to serve regional needs.
20. "Water of the state" or "waters of the state" means those waters identified in section
61-01-01.
21. "Water right" means the right established under this title to appropriate or store waters
of the state.
