Application for Temporary Water Permit
89-03-01-10. Emergency or temporary authorization.Application for a temporary appropriation must be made on the form provided by the state engineer. In that request, the applicant must indicate the purpose for which water will be used, quantity of water needed, proposed point of diversion, type of use, place of use, rate of withdrawal, source of water, dates of proposed use, and applicantâs address. The state engineer will evaluate the request and, if it is granted, the state engineer will list on the temporary authorization conditions that govern the appropriation. An applicant for emergency use of water, if the situation warrants, may call the office of the state engineer requesting immediate use of water. Following an oral request and oral approval by the state engineer for authorization, a temporary application form must be submitted.
The applicant for temporary or emergency appropriations is responsible for all damages that may be caused to other appropriators or any other individual because of the emergency or temporary use of water.
History: Effective April 1, 1989; amended effective July 1, 2014.
General Authority: NDCC 28-32-02, 61-03-13
Law Implemented: NDCC 61-04-02.1
89-03-01-10.1. Temporary water transfer for irrigation. To accommodate annual crop rotation requirements, the holder of a water permit for irrigation may make a request to the state engineer for the temporary transfer of the volume of water appropriated from an approved point of diversion to another tract of land. The transfer must be made for an entire irrigation season and conform to the terms and conditions of the water permit, except that no water right will accrue to the land under temporary irrigation. Irrigation may not take place on the tract of land from which the transfer is made during that irrigation season. The request for a transfer must be made by May fifteenth of the year the transfer is to be in effect.
History: Effective August 1, 1994.
General Authority: NDCC 28-32-02, 61-03-13
Law Implemented: NDCC 61-04-02.1
89-03-01-10.2. Temporary permit fees. The following filing fee schedule
will be used for temporary water permit applications. The fee must be included with
the application. The state engineer may waive the fees for certain emergency uses
of a temporary water permit, including firefighting.
Volume of Water Requested:
Less than one acre-foot $75
One to ten acre-feet $125
More than ten acre-feet $200
Filing fees are not required for requests made under section 89-03-01-10.1.
History: Effective July 1, 2014.
General Authority: NDCC 28-32-02, 61-03-13
Law Implemented: NDCC 61-04-02.1, 61-04-06.2
61-04-02.1. Emergency or temporary authorization. The state engineer may authorize emergency or temporary use of water for periods not to exceed twelve months if the state engineer determines such use will not be to the detriment of existing rights. The state engineer shall establish by rule a separate procedure for the processing of applications for emergency or temporary use. No prescriptive or other rights to the use of water shall be acquired by use of water as authorized herein.
Welcome
There are multiple steps to completing a Temporary Water Permit Application. This portal will help you complete the necessary steps to complete this process on-line.
Temporary water permit applications cannot be be modified after review and signature. Temporary water permits are not transferable to another permit holder.
Useful Links
Unauthorized Use Policy - Due to the increased scrutiny of industrial water sales and the findings of a legislatively mandated performance audit of the Water Appropriations Division, the State engineer has directed that two primary philosophical goals guide the formation of the consent agreement.