In all cases of claims to the use of water initiated prior to March 1, 1905, the right relates back to the initiation of the claim, upon the diligent prosecution to completion of the necessary surveys and construction for the application of the water to a beneficial use. Any claim to the use of water initiated after March 1, 1905, relates back to the date of receipt of an application for the claim in the department of water resources or the department's predecessor, subject to compliance with applicable statutes, rules, and regulations.
N.D.C.C. § 61-01-03