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ND HB1075
Bill
Status
3/28/2023
Primary Sponsor
Energy and Natural Resources
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AI Summary
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Replaces the hearing requirement with a written comments process for water rights cancellation proceedings, allowing interested parties to submit written comments by a department-specified deadline instead of appearing at a hearing.
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Requires the Department of Water Resources to publish cancellation notices in official newspapers of all counties where points of diversion are located once per week for two consecutive weeks, at least 30 days before the comment deadline.
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Mandates that cancellation notices include the permitholder's name and address, water appropriation description, permit number, priority date, all diversion points, and affected land descriptions, with a statement that commenters will receive the final decision by mail.
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Creates new section 61-04-24.1 establishing that written comments must include the commenter's name and mailing address, with electronically submitted comments requiring the submitter's signature to be valid and part of the official record.
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Requires the department to consider all written comments received and issue a final decision mailed to the permitholder, affected landowners, and all commenters, with cancellation orders sent to the permitholder alongside the final decision.
Legislative Description
The notice and hearing process for the cancellation of water rights.
Last Action
Filed with Secretary Of State 03/28
3/30/2023