Department of Water Resources

The administration and enforcement of water laws, rules and policies that ensure the sustainability of the resource and protect established water rights of applicants are of utmost importance to the prosperity and welfare of the state’s citizens. The Water Appropriation Division of the DWR is charged with managing the use of the state’s waters as directed under NDCC 61-04 and NDAC 89-03.

NDCC 61-04-02 requires that all water uses except for domestic, livestock, fish, wildlife, and other recreational uses (unless the aforementioned are greater than 12.5 acre-feet per year) apply for a water permit before putting water to beneficial use. Set procedures are mandated by NDCC and regulations.

The Water Appropriation Division guides applicants through the water permit application and public comment process. Each application is then assigned to a hydrologist/engineer responsible for the area or for the specific water resource requested.

Criteria evaluated by the Appropriation Division, specified under NDCC 61-04-06, are:

The rights of a prior appropriator will not be unduly affected.
The proposed means of diversion or construction are adequate.
The proposed use of water is beneficial.
The proposed appropriation is in the public interest. In determining the public interest the following shall be considered:
- The benefit to the applicant.
- The effect of economic activity resulting from the proposed appropriation.
- The effect on fish and game resources and public recreational opportunities.
- The effect of loss of alternate uses of water that might be made within a reasonable time if not precluded or hindered by the proposed appropriation.
- Harm to others resulting from the proposed appropriation.
- The intent and ability of the applicant to complete the appropriation.

Evaluations of water use applications are comprehensive, and may require several months in areas where water supplies are limited and critical, or where substantive issues have been raised in public comments.

Factors affecting the availability of water include: the amount of the request, the size of the water supply, whether the source is ground water or surface water, the period of use, the proximity of prior water appropriators, the locations of recharge and discharge areas, possible water quality impacts caused by diversion of water, and probable long-term effects of climatic variation on local water supplies.

In highly competitive settings or where hydrologic data are sparse, further exploratory drilling and data acquisition may be needed. The development of appropriate ground water models is generally required in highly competitive settings. In some critical cases, evaluations may require several years. The Appropriation Division drafts a recommendation to the State Engineer for approval, denial, or in some cases to hold all or part of an application in abeyance until sufficient information is available to support a definitive answer. The draft recommendation is submitted for review to “parties of record” who have expressed concern during the comment period. “Parties of Record” may request information or an adjudicative hearing if they have further concerns over an application.

Program Rules

North Dakota Administrative Code - Link to Title 89 "Waters"

North Dakota Century Code - Link to Title 61 "Waters"

Online Annual Water Use Reporting

This service is designed to provide the ability to file annual water use online.

Online Annual Water Use Reporting Services

Conditional Water Permit Application

The following fees must accompany a conditional water permit application.

For municipal or public use $500
For irrigation use $500
For industrial use of one acre-foot [1233.48 cubic meters] or less $250
For industrial use in excess of one acre-foot [1233.48 cubic meters] $1,000
For recreation, livestock, or fish and wildlife $100

Conditional Water Permit Application Completion Instructions

Application for Conditional Water Permit (SFN 60157)

Temporary Water Permit Application

The following fees must accompany a temporary water permit applications. The department 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

On-Line Temporary Water Permit Application

Other Water Permit Applications

Domestic, Livestock, Fish and Wildlife or Other Recreational Use Registration Form (SFN 61330)

Application for Western Area Water Supply Project Industrial Sales (SFN 60438)

The following fees must accompany a water permit amendment application which include change in point of diversion and change in purpose of use.

Water permit amendment $100

Instructions to Add a "Point of Diversion" and Change in "Purpose of Use"

Application to Add in Point of Diversion (SFN 61340)

Application for Change in Purpose of Use (SFN 61331)

Guidance For Ground and Surface Water Management/Permitting

Fox Hills Aquifer Policy

Unauthorized Water Use Policy

Wastewater Reuse Policy

Transfer Pond Policy

Issuance of Temporary Industrial Water-Depot Permits in the Little Missouri River Basin Policy

Water Permitting Process Chart

North Dakota's Water Permitting Process Fact Sheet

Water Permit Definitions

Water Permit Status Definitions

Points of Diversion Water Permits Status Definitions

Temporary Water Use Permit Brochure

Water Depot Telemetry/Simple Object Access Protocol (SOAP)

For any questions or assistance setting up your Meter and Telemetry System, please contact a Water Resource Program Administrator at (701) 328-2754, or by e-mail.

Telemetry Requirements and Industrial Water Depot Policies for Compliance with Conditional and Temporary Water Permits

SOAP Credentials from the NDDWR can be requested online

After receiving your SOAP Credentials, log into your depot account.

NDDWR SOAP Service Specifications