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<br />damming, <br />engineer <br />material <br /> <br />or diversion, and determined by the state <br />and the game and fish commissioner to have <br />wildlife values. <br /> <br />6. "Person" means any person, firm, partnership, <br />association, corporation, agency, or any other private <br />or governmental organization which includes, but is not <br />limited to, any agency of the United states, a state <br />agency, or any political subdivision of the state. <br /> <br />7. <br /> <br />"Replacement wetland" means either <br />previously drained natural wetland or <br />which are not used for mitigation <br />project. <br /> <br />restoration of <br />manmade wetlands <br />for any other <br /> <br />8. "Sheetwater" means shallow water from any source that <br />floods land not normally subject to standing water. <br /> <br />9 . <br /> <br />"state engineer" means the state engineer <br />the state water commission pursuant <br />61-03-01. <br /> <br />appointed by <br />to section <br /> <br />10. "Water resource board" means <br />district's board of managers. <br /> <br />the water resource <br /> <br />11. "Wetland" means a natural depressional area that is <br />capable of holding shallow, temporary, intermittent, or <br />permanent water. It shall not include sheetwater. <br /> <br />Source: S.L. 1987, ch. 642, S 3. <br /> <br />61-32-03. Permit to drain waters required - Replacement of <br />wetlands Downstream impacts Penalty. Any person, before <br />draining water from a wetland, or any series thereof, which has a <br />watershed area comprising eight acres [32.37 hectares] or more, <br />shall first secure a permit to do so. The permit application <br />must be submitted to the state engineer. The state engineer <br />shall refer the application to the water resource district or <br />districts wi thin which is found a maj ori ty of the watershed or <br />drainage area of the wetland for consideration and approval, but <br />the state engineer may require that applications proposing <br />drainage of statewide or interdistrict significance be returned <br />to the state engineer for final approval. A permit may not be <br />granted until the state water resources policy has been <br />considered and an investigation discloses that the water which <br />will be drained from the wetland, or any series thereof, will not <br />flood or adversely affect downstream lands. If the investigation <br />shows that the proposed drainage will flood or adversely affect <br />lands of downstream landowners, the water resource board may not <br />issue a permit until flowage easements are obtained. The flowage <br />easements must be filed for record in the office of the register <br />of deeds of the county or counties in which the lands are <br />s1 tuated. An owner of land proposing to drain shall undertake <br /> <br />-4- <br />