ND HB1086

Amends North Dakota Century Code section 61-01-01 to redefine "waters of the state" as public waters subject to appropriation for beneficial use, excluding private or fossil byproduct water.

Expands the definition of surface waters to explicitly include waters in sloughs, lakes that constitute integral parts of a stream system, and waters in noncontributing drainage areas.

Maintains existing classifications of subsurface waters flowing in defined channels or as diffuse percolating groundwater, and residual waters from beneficial use.

Establishes that noncontributing drainage areas are areas that do not contribute natural flowing surface water to a natural stream or watercourse more frequently than once in three years over the latest thirty-year period, with the state engineer determining which areas qualify.

Requires water rights to be acquired pursuant to chapter 61-04 for use of public waters.