HB 1202 Summary

• Defines "navigable waters" as waters navigable at statehood used as highways for commerce and trade, and adds "state engineer" definition to North Dakota Century Code chapter 61-33.

• Requires state engineer to develop preliminary navigability findings with legal rationale and consult with state water commission in open meetings before making final determinations.

• Mandates public notice for at least 60 days including hearing date, water body identification, and property rights impacts, with publication in official county newspapers and notification to soil conservation districts, water resource districts, and adjacent counties.

• Requires state engineer to hold public hearing and prepare final report with summaries of information, hearings held, and public comments, distributed to state water commission, hearing participants, and published on secretary of state website.

• Allows navigability determinations to be appealed directly to court under sections 28-32-42 through 28-32-46 and 28-32-50 and 28-32-51, and permits state engineer to review previous determinations during 2019-20 interim or vacate them without prejudice.