38-11.2-07. Protection of surface and ground water - Other responsibilities of mineral
developer.
1. The mineral developer shall conduct or have conducted an inventory of water wells
located within one-half mile [804.67 meters] of where subsurface mineral exploration
activities are conducted, if such exploration activities appear reasonably likely to
encounter ground water, or within one mile [1.61 kilometers] of a subsurface mineral
production site.
2. The mineral developer shall conduct or have conducted a certified water quality and
quantity test within one year preceding the commencement of subsurface mineral
production operations on each water well or water supply located on the involved real
property and as identified by the surface owner of that real property. Results of water
quality tests conducted under this subsection must be reported in a prescribed format
to the department of environmental quality, which shall maintain a database of the
results. The water quality test must be collected as prescribed by the department of
environmental quality and analyzed by a state-certified laboratory.
3. If the domestic, livestock, or irrigation water supply of any person who owns an interest
in real property within one-half mile [804.67 meters] of where subsurface mineral
exploration activities are or have been conducted or within one mile [1.61 kilometers]
of a subsurface mineral production site has been disrupted, or diminished in quality or
quantity by the drilling operations, the person who owns an interest in real property is
entitled to recover the cost of making such repairs, alterations, or construction that will
ensure the delivery to the surface owner of that quality and quantity of water available
to the surface owner prior to the commencement of drilling operations.
4. Any person who owns an interest in real property who obtains all or a part of that
person's water supply for domestic, agricultural, industrial, or other beneficial use has
a claim for relief against a mineral developer to recover damages for disruption or
diminution in quality or quantity of that person's water supply proximately caused from
drilling operations conducted by the mineral developer.
5. Prima facie evidence of injury under this section may be established by a showing that
the mineral developer's drilling operations penetrated or disrupted an aquifer in such a
manner as to cause a diminution in water quality or quantity within the distance limits
imposed by this section, or by showing the mineral developer did not conduct or have
conducted the testing required under subsection 2.
6. If a person refuses to consent to the testing of a water well or water supply on land
owned by the person, as required under subsection 2, the person forfeits any claim for
relief under subsection 3 or 4.
7. An action brought under this section when not otherwise specifically provided by law
must be brought within six years of the time the action has accrued. For purposes of
this section, the claim for relief is deemed to have accrued at the time it is discovered
or might have been discovered in the exercise of reasonable diligence.
8. A tract of land is not bound to receive water contaminated by drilling operations on
another tract of land and the owner of a tract has a claim for relief against a mineral
developer to recover the damages proximately resulting from natural drainage of
waters contaminated by drilling operations.
9. The mineral developer is also responsible for all damages to person or property
resulting from the lack of ordinary care by the mineral developer or resulting from a
nuisance caused by drilling operations.
10. This section does not create a cause of action if an appropriator of water can
reasonably acquire the water under the changed conditions and if the changed
conditions are a result of the legal appropriation of water by the mineral developer.
