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FLOOD08551
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Last modified
1/25/2010 7:14:53 PM
Creation date
10/5/2006 3:43:29 AM
Metadata
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Template:
Floodplain Documents
County
Statewide
Community
Statewide
Stream Name
All
Basin
Statewide
Title
Drainage Rules for North Dakota
Date
7/1/1988
Prepared For
State of Colorado
Prepared By
North Dakota
Floodplain - Doc Type
Educational/Technical/Reference Information
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<br />for completeness. The board and state engineer shall also make a <br />preliminary determination as to the existence of an emergency. <br />As soon as possible a conference call or an onsite meeting among <br />the board, the state engineer, and other affected parties, as <br />determined by the state engineer, shall be held. The applicant <br />may make a statement concerning the emergency drainage <br />application during the conference call or onsite meeting. The <br />conference call and onsite meeting shall be electronically <br />recorded by both the state engineer and the board. During the <br />call or meeting, but after all parties have been given an <br />opportunity to present their views, the board shall make a <br />recommendation to the state engineer whether the license should <br />be granted or not. <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 />89-02-05-07. Decision on emergency license application - <br />Conditions. After completion of the conference call the state <br />engineer shall consider the written information received, the <br />matters discussed during the conference call or onsite meeting, <br />and the recommendation of the board. Based upon this <br />information, the state engineer shall decide whether the <br />emergency license should be granted. If the license is granted <br />the state engineer may place any condition upon it which he deems <br />necessary to protect public or private interests. A condition <br />may include a requirement for a bond. The license shall contain <br />a condition limiting the duration of the license to a time-frame <br />of not greater than six months. <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 />89-02-05-08. Requirement for permanent drainage <br />application. If the drain is to be permanent the applicant shall <br />submi t a drainage permit application to the state engineer in <br />accordance with chapter 89-02-02. The application must be <br />submitted within thirty days of the date the emergency permit is <br />granted. <br /> <br />Once a permanent drainage permit application is properly <br />subOli tted the board shall process the application wi thin the <br />time-frames provided under chapter 89-02-02. The fact a drainage <br />permi t application is made wi thin thirty days of the date the <br />emergency permit is granted shall extend the term of the <br />emergency license until final action on the drainage permit <br />application has been taken. <br /> <br />-3- <br />
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