Section 89-02-01-02 - DefinitionsUnless the context otherwise requires, the following definitions apply:
1. "Assessment drain" is defined in North Dakota Century Code section 61-16.1-02.2. "Board" is defined in North Dakota Century Code section 61-21-01.3. "District" means water resource district.4. "Drain" is defined in North Dakota Century Code section 61-21-01.5. "Department" is defined in North Dakota Century Code section 61-03-01.2.6. "Director" is defined in North Dakota Century Code section 61-03-01.2.7. "Emergency" means a situation that will cause significant damage to people or property if not addressed immediately and that would not occur under normal circumstances. An emergency may exist because of an extremely wet hydrologic cycle. Damages caused by deliberate acts may not constitute an emergency.8. "Lake" means a well-defined basin that characteristically holds water throughout the year. Lakes go dry only after successive years of below normal runoff and precipitation.9. "Lateral drain" is defined in North Dakota Century Code section 61-21-01.10. "Maintenance" means removal of silt and vegetation from a drain. Maintenance does not include deepening or widening a drain.11. "Parties of record" means each person named or admitted as a party or properly seeking and entitled to be admitted as a party.12. "Pond" means a well-defined land depression or basin that holds water in normal years throughout the summer. Ponds generally go dry only in years of below normal runoff and precipitation.13. "Pond, slough, lake, sheetwater, or any series thereof" means ponds, sloughs, lakes, or sheetwater that are hydrologically linked.14. "Sheetwater" is defined in North Dakota Century Code section 61-32-03.15. "Slough" includes two types:a. Seasonal slough: a depression that holds water in normal years from spring runoff until approximately mid-July. In years of normal runoff and precipitation, a seasonal slough is usually not tilled, but can be used for hayland or pasture. In low runoff, dry years, these areas generally are tilled for crop production, but commonly reflood with frequent or heavy summer or fall rains.b. Temporary slough: a shallow depression that holds water from spring runoff until approximately early June. In years of normal runoff and precipitation, a temporary slough is usually tilled for crop production. In years of high runoff or heavy spring rain, a temporary slough may not dry out until mid-July and generally would not be tilled, but may be used for hayland or pasture. A temporary slough frequently refloods during heavy summer or fall rains.16. "Supplemental hearing" means a hearing held to review evidence not contained in the record of the department's public hearing.17. "Watercourse" is defined in North Dakota Century Code section 61-01-06.18. "Watershed" means the area that drains into a pond, slough, lake, or any series thereof.N.D. Admin Code 89-02-01-02
Amended effective December 1, 1979; October 1, 1982; February 1, 1997; June 1, 1998. .Amended by Administrative Rules Supplement 2015-355, January 2015, effective 1/1/2015.Amended by Administrative Rules Supplement 2022-387, January 2023, effective 1/1/2023.General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-32-03