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ND HB1107
Bill
AI Summary
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Amends water permit application definitions in North Dakota Century Code to clarify "adjudicative proceeding" as an appeal of a state engineer's recommended decision and defines "informational hearing" as a non-adjudicative administrative proceeding allowing public comment.
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Renumbers and reorganizes eleven definitions related to water use types, including domestic use (limited to 5 acres for noncommercial purposes), irrigation use (over 5 acres), livestock use, industrial use, and municipal or public use.
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Requires water permit applicants notices to specify the deadline for written comments and requests for informational hearings, and mandates that persons filing comments receive copies of the state engineer's recommended decision.
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Establishes that persons have 30 days after receiving a recommended decision to request an adjudicative proceeding and must state in writing how they would be aggrieved by the decision and what issues will be presented.
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Specifies that if two or more municipal or public use water facilities request a local hearing, the state engineer must hold the informational hearing in the county seat where the water appropriation site is located, with at least 20 days' notice required.
Legislative Description
Definitions and informational and adjudicative proceedings on a water permit application.
Last Action
Filed with Secretary Of State 03/14
4/14/2011