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<br />History: <br />General Authority: NDCC 28-32-02, 61-32-04 <br />Law Implemented: NDCC 61-32-08 <br /> <br />89-02-04-04. complaint to state engineer - state engineer's <br />action when board fails to act. If a board does not make a <br />decision upon a drainage complaint within one hundred twenty days <br />of its filing with the board, the person filing the complaint <br />with the board may file a request for state engineer action with <br />the state engineer. The request must include a copy of the <br />complaint filed with the board and any documentation the <br />landowner wishes the state engineer to consider. The state <br />engineer shall then determine whether to commence action against <br />the board or conduct the investigation himself. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-32-04 <br />Law Implemented: NDCC 61-32-08 <br /> <br />89-02-04-05. Form of appeal. If a board makes a decision <br />on a drainage complaint, any appeal to the state engineer shall <br />be in writing on the form prescribed by the state engineer and <br />shall inClude: <br /> <br />1. The identity of all parties to the complaint. <br /> <br />2. Peti tioner' s interest in the water resource board's <br />decision, including a statement of the impact the <br />decision will have upon the petitioner. <br /> <br />3. The relief petitioner seeks. <br /> <br />4. <br /> <br />A statement identifying <br />resource board's decision <br />to the relief sought. <br /> <br />the errors in the water <br />which entitle the petitioner <br /> <br />5. All facts presented to the water resource board which <br />support the petitioner's position. <br /> <br />6. A legal description of the drainage area involved. <br /> <br />7. A map depicting the drainage area and identifying the <br />drainage complained of. <br /> <br />8. A certified or cashier's check to cover the cost of <br />preparing a transcript of the proceedings before the <br />board. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-32-04 <br />Law Implemented: NDCC 61-32-08 <br /> <br />-3- <br />