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<br />the board and the state engineer was completed on or before July <br />21, 1987. <br /> <br />This chapter does not apply to permit applications made <br />after July 20, 1987, and before the effective date of these <br />rules. In such case, chapter 89-02-01 shall govern to the extent <br />it does not conflict with chapter 61-32, which shall govern in <br />the event of a conflict. <br /> <br />A permit is not required pursuant to this chapter if the <br />application to drain was submitted to the state engineer prior to <br />January 1, 1987. In that event, chapter 89-02-01 of the North <br />Dakota Administrative Code governs. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-04 <br />Law Implemented: NDCC 61-32-03 <br /> <br />89-02-02-02. Definitions. In this chapter unless the <br />context otherwise requires, the following definitions apply: <br /> <br />1. "Assessment drain" is any drain fitting the definition <br />set forth in subsection 2 of section 61-16.1-02 of the <br />North Dakota Century Code. <br /> <br />2. "Board" means the managers of the water resource <br />district in which the maj ori ty of the watershed of a <br />project is located. <br /> <br />3. "District" means water resource district. <br /> <br />4. "Drain" is any structure or construction which changes <br />the water surface area of a wetland. <br /> <br />5. "Land not normally subject to standing water" means <br />land which is inundated, on the average, not more than <br />one in five years. <br /> <br />6. "Lateral drain" means a drain constructed after the <br />establishment and construction of the original drain or <br />drainage system which the permit previously obtained <br />did not contemplate and which allows water to flow into <br />such original drain or drainage system. <br /> <br />7. "Party of record" means any person who submits oral or <br />wri tten testimony or evidence for the record at the <br />state engineer's hearing. <br /> <br />8. "Permanent wetland" means a well-defined basin which <br />characteristically holds water throughout the year. <br />Permanent wetlands go dry only after successive years <br />of below normal runoff and precipitation. Freshwater <br />permanent wetlands typically have a border of aquatic <br /> <br />-2- <br />