Section 89-01-01-03 - Department of water resources organization and functions1.Director. The department is now headed by the director, who is a member of the governor's cabinet. The director provides overall leadership and decisionmaking, has hiring responsibilities, and oversees the department staff. The director also acts as a liaison between the department and the legislative and executive branches of state government, as well as a liaison between the governor and the federal government on water-related issues.2.State Engineer. The state engineer, under North Dakota Century Code section 61-03-01.3, is responsible for associated technical duties related to public safety and property protection, including dam safety, water appropriations, and construction and drainage permits. The state engineer also may act as the director's designee at the director's discretion when implementing any provision of this title.3.Department functions. The department consists of several divisions, with the division directors reporting to the department's director. Several of the divisions are responsible for providing staff support to the commission functions, including management of the cost-share assistance program; maintaining a water project inventory and water development plan; representing the commission on regional, national, and international natural resources planning bodies; assisting water resource boards; preparing engineering and feasibility reports and designs for construction, maintenance, and major repair of water resources projects throughout the state; and general accounting, budgeting, information technology, and support services. Other divisions are responsible for assisting and advising the director and the state engineer in state law, administrative rule, and policy enforcement. The responsibilities of these regulatory enforcement divisions include reviewing and making recommendations on permit applications for drains, dikes, dams, and sovereign lands; administering the state's dam safety program; assisting communities with floodplain management; conducting navigability determinations and ordinary high water mark delineations; conducting analysis and providing recommended decisions on water permit applications; monitoring and balancing water use and availability throughout the state; enforcing the water permitting system; and developing and maintaining permit records.
The commission also supervises the atmospheric resources board, which is a quasi-judicial, quasi-legislative advisory and rulemaking board that functions as a division of the department. The atmospheric resources board licenses weather modification contractors and permits cloud seeding operations and research activities; conducts research into atmospheric research and cloud seeding technology; and monitors, collects, and disseminates precipitation and climate data.
N.D. Admin Code 89-01-01-03
Adopted by Administrative Rules Supplement 2022-387, January 2023, effective 1/1/2023.General Authority: NDCC 61-03-13
Law Implemented: NDCC 61-03-01.3