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<br />2. "Aggrieved party" means any individual or entity who <br />participated in the state engineer's or board's <br />consideration of an appeal and who is actually damaged <br />by the board's or state engineer's decision. <br /> <br />3. "Appeal" means an appeal from the decision of a board <br />concerning a drain constructed after January 1, 1987. <br /> <br />4. "Board" means the board of the water resource district <br />in which the complaint is brought. <br /> <br />5. "Complaint" is a document which alleges drainage has <br />been conducted without proper authorization. It is <br />filed on a form supplied to the water resource board by <br />the state engineer. <br /> <br />6. "Party" includes the petitioner and any respondent, the <br />board from which the decision is appealed, and any <br />entity or individual which participated in the <br />complaint process in front of the board. The <br />designation as a party does not bestow standing to <br />appeal a decision of the board to the state engineer or <br />the decision of the state engineer to a court of law. <br /> <br />7. "Peti tioner" means any aggrieved party who files a <br />timely and proper appeal, or an affected landowner who <br />files a timely and proper demand for hearing with the <br />state engineer. <br /> <br />8. "Respondent" is a person who, within twenty days of <br />notice of an appeal of a board's decision on a drainage <br />complaint, files a notice with the state engineer of <br />their intent to participate in the appeal. The person <br />who filed the complaint, and the person against whom <br />the complaint was filed shall be either a respondent or <br />a petitioner. These persons and the board shall be <br />allowed to participate whether or not any notice of <br />participation is filed with the state engineer. A <br />person may not be a respondent to an appeal of a <br />board's decision unless the person participated by <br />providing information to the board for its <br />consideration. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-32-04 <br />Law Implemented: NDCC 61-32-08 <br /> <br />89-02-04-03. Filing of complaint. All complaints are filed <br />with the water resource board in the county in which the drainage <br />is located. Complaints filed with the state engineer will be <br />forwarded to the board, unless the complaint is filed because of <br />the board's inaction on a complaint. <br /> <br />-2- <br />