ND Constitution article XI section 3 states in part ‘All flowing streams and natural watercourses shall forever remain the property of the state’.
DWR is responsible for managing the state’s waters as defined in N.D.C.C. § 61-01-01, and authorized in N.D.C.C. chs. 61-03 and 61-04 and N.D.A.C. art. 89-03.
Information on appeals of agency decisions can be found on the Complaints and Appeals tab.
Water Appropriation Permits
N.D.C.C. § 61-04-02 requires most water use projects intending to impound or divert water from a surface or ground water source apply for and obtain a water appropriation permit before putting water to beneficial use.
A water appropriation permit is required for:
- Any industrial water use;
- Irrigation of 5 acres or more; or
- Domestic, municipal, public, livestock, fish and wildlife, and recreational water use exceeding 12.5 acre-feet (4,073,137 gallons or 96,979 barrels) per year. This includes any dam capable of storing more than 12.5 acre-feet at the principal spillway.
Water permit applications are reviewed under N.D.C.C. § 61-04-06 criteria.
Temporary water use projects lasting less than 12 months or only using excess water, when available, may apply for a temporary or emergency water appropriation permit. This permit type does not create a water right and is reviewed under N.D.C.C. § 61-04-02.1.
Additional Information
North Dakota's Water Permitting Process Fact Sheet (PDF)
Water Permit Definitions (PDF)
Water Permit Status Definitions (PDF)
For permanent projects, apply for a conditional water permit.
Application Fees:
- Municipal or public use: $500
- Irrigation use: $500
- Industrial use of one acre-foot or less: $250
- Industrial use in excess of one acre-foot: $1,000
- Recreation, livestock, or fish and wildlife: $100
Upon approval, the conditional water permit authorizes constructing works to put water to beneficial use subject to the permit’s conditions. Upon development, DWR will inspect the works, and if requirements are met, issue a perfected water permit.
Failing to develop works authorized under a water permit (N.D.C.C. § 61-04-14) or ceasing to use water for 3 or more years may result in water permit cancellation (N.D.C.C. § 61-04-23).
Steps To Apply For A Conditional Water Permit (PDF)
Instructions For Completing An Application For A Conditional Water Permit (PDF)
For temporary water use lasting less than 12 months, apply for a temporary water permit. This may also be called an excess water use authorization.
Temporary water permits also authorize emergency uses such as firefighting. Temporary water permits do not establish a water right.
Application Fees:
- Less than one acre-foot: $75
- One to ten acre-feet: $125
- More than ten acre-feet: $200
Fees may be waived for certain emergency uses, including firefighting.
A water appropriation permit is not required for, domestic, livestock, fish and wildlife, and other recreation uses if total annual use is less than 12.5 acre-feet (4,073,137 gallons or 96,979 barrels) per year. However, the location and the capacity of the constructed works must be reported to DWR.
Anyone seeking to amend their conditional or perfected water permit—or submitted conditional water permit application—by adding a point of diversion or changing the purpose of use, must apply to do so.
These amendments are processed and evaluated in the same manner as a conditional water permit application and must be approved prior to any change. The application fee is $100.
Application To Add A Point Of Diversion (SFN 61340) (PDF)
Application For Change In Purpose Of Use (SFN 61331) (PDF)
Instructions To Add A "Point Of Diversion" And Change In "Purpose Of Use" (PDF)
Points Of Diversion Water Permits Status Definitions (PDF)
Additional water permit and application amendments options are available. Contact the Department to discuss, for example, a temporary transfer to irrigated acreage, permanent transfer in irrigated acreage, increase in irrigated acreage, or an increase in pumping rate.
Conditional and Perfected water permits require water use to be reported to DWR annually. The DWR sends Annual Use Forms (AUFs) to all permitholders that require reporting annual use, so if you do not receive notification, your water permit may not require annual water use reporting.
AUFs are sent to all irrigation, industrial, municipal, rural water, and some other uses as well.
Annual Use Form Notification Schedule:
- Early November: 1st notification sent to all irrigation permitholders to submit AUF
- Early January: 1st notification sent to all municipal, rural water, industrial permitholders to submit AUF
- Early January: 2nd notification to irrigation permitholders that have not yet submitted the AUF
- Late February: Final notification to all permitholders that have not submitted the AUF
- Annual Use Forms must be received by March 31
Industrial water depot use is associated with bulk water sales for oilfield use, which is predominantly for hydraulic fracturing. These permits have additional conditions attached.
For more information, contact the Water Appropriation Division at (701) 328-2754 or e-mail.