ND HB1409

Mineral developers must inventory water wells within one-half mile of exploration activities or one mile of production sites and conduct certified water quality and quantity tests within one year before production begins on each identified well.

Results of water quality tests must be reported in prescribed format to the state department of health, which maintains a database, and tests must be analyzed by a state-certified laboratory.

Property owners within one-half mile of exploration or one mile of production sites can recover costs for repairs and alterations needed if their water supply is disrupted or diminished in quality or quantity by drilling operations.

Prima facie evidence of injury may be established by showing the developer's drilling penetrated an aquifer causing water diminution or by showing the developer failed to conduct required testing.

Property owners who refuse to consent to testing forfeit claims for relief, and actions for damages must be brought within six years of when the claim is discovered or could have been discovered with reasonable diligence.