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<br />89-02-04-06. State engineer's review of board' s decision. <br />Upon receipt of a written appeal by an aggrieved party from a <br />decision of a water resource district pursuant to section <br />61-32-07 of the North Dakota Century Code, the state engineer <br />shall review the board's decision. In his review the state <br />engineer will consider only: <br /> <br />1. Ownership of the land on which the drain is located. <br /> <br />2. Topographic maps and aerial photographs of the area. <br /> <br />3. Any existing surveys of the area. <br /> <br />4. The documentation and testimony given to the board for <br />its consideration. <br /> <br />5. Any pertinent rules of the appropriate board. <br /> <br />6. The board's decision. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-32-04 <br />Law Implemented: NDCC 61-32-08 <br /> <br />89-02-04-07. Sufficiency of information on appeal. <br /> <br />1. <br /> <br />Once the <br />89-02-04-06 <br />information <br />decision. <br /> <br />state engineer's review under section <br />is complete, he will determine whether the <br />reviewed is sufficient to make a sound <br /> <br />2. If the information is not sufficient the state engineer <br />will either conduct further investigations himself or <br />return the record to the board for its further <br />investigation. <br /> <br />3. I f the information is sufficient the state engineer <br />shall determine whether a drain, lateral drain, or <br />ditch has been opened or established contrary to title <br />61 or any rules adopted by the state engineer or the <br />board. If so, the state engineer will take one of the <br />three actions set forth in section 61-32-08 of the <br />North Dakota Century Code. If the drain has not been <br />opened contrary to title 61 or a drainage rule, the <br />complaint shall be dismissed. In either case the state <br />engineer will notify all parties of his decision by <br />certified mail. The notice of decision will include <br />the names and addresses of all parties. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-32-04 <br />Law Implemented: NDCC 61-32-08 <br /> <br />-4- <br />