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<br />89-02-05-04. Emergency defined. An emergency for purposes <br />of this chapter is a situation which if not addressed immediately <br />will cause significant damage to property which would not occur <br />under normal circumstances. An emergency may exist as a result <br />of an extremely wet cycle. However, damages caused by deliberate <br />acts of man do not constitute an emergency under this chapter <br />unless the damage can be alleviated without harm to other persons <br />or property. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-03 <br />Law Implemented: NDCC 61-32-04 <br /> <br />89-02-05-05. Form of application for an emergency drain. <br />Applications for an emergency drainage license must be written <br />and must contain the following information: <br /> <br />1. Landowner's name and address. <br /> <br />2. Legal description of land on which emergency drain will <br />be located. <br /> <br />3. A map showing the location of the drain. <br /> <br />4. An estimate of the surface acreage of the wetland and <br />the volume of water to be drained by the emergency <br />drain. <br /> <br />5. A list of all landowners whose land is adjacent to the <br />course the water drained will take for a distance of <br />one mile downstream, along with the addresses and <br />telephone numbers of these landowners. <br /> <br />6. Copies of any wri tten permissions received from <br />downstream landowners. <br /> <br />7. A compilation of any refusals to give permission, <br />written or oral, from downstream landowners. <br /> <br />8. A description of the emergency. <br /> <br />9. Written permission allowing the state engineer and <br />board to inspect the drain. <br /> <br />History: <br />General Authority: NDCC 28-32-02, 61-03-13, 61-32-03 <br />Law Implemented: NDCC 61-32-04 <br /> <br />89-02-05-06. Procedure for consideration of emergency drain <br />application. An application for an emergency drain shall be sent <br />to the board and the state engineer simultaneously. The <br />application will be reviewed by the board and the state engineer <br /> <br />-2- <br />