Section 61-01-01 - Waters of the state - Public watersAll waters within the limits of the state from the following sources of water supply belong to the public and are subject to appropriation for beneficial use and the right to the use of these waters for such use must be acquired pursuant to chapter 61-04:
1. Waters on the surface of the earth, excluding diffused surface waters but including surface waters whether flowing in well-defined channels or flowing through lakes, ponds, or marshes which constitute integral parts of a stream system, or waters in lakes;2. Waters under the surface of the earth whether such waters flow in defined subterranean channels or are diffused percolating underground water;3. All residual waters resulting from beneficial use, and all waters artificially drained; and4. All waters, excluding privately owned waters, in areas determined by the department of water resources to be noncontributing drainage areas. A noncontributing drainage area is any area that does not contribute natural flowing surface water to a natural stream or watercourse at an average frequency more often than once in three years over the latest thirty-year period.Amended by S.L. 2021 , ch. 488( HB 1353 ), § 26, eff. 8/1/2021.