Senate committee advances bill allowing separate irrigation permit applications for different water sources

The Senate Agriculture and Veterans Affairs Committee on an unspecified date voted to advance House Bill 1201, a measure that would change how North Dakota handles conditional irrigation water permits from multiple sources. Supporters said the change would help landowners and irrigation districts stuck waiting for permit approvals.

Representative Mike Brandenburg, sponsor and a Republican from District 28, introduced the bill. "This is a house bill 12 o 1 is a bill dealing with water permits dealing with from a single source or single surface or ground water source," he told the committee, adding that some irrigation applications have been pending "for 20 years plus." Brandenburg said the bill aims to provide assurance to farmers and investors who commit large sums to develop irrigation systems.

Andrew Nygren, director of the Water Appropriation Division at the Department of Water Resources, testified in support of an amended version. He explained the bill would make North Dakota Century Code section 61-04-03.1 more flexible by allowing an applicant to apply for irrigation permits from different sources, limited to no more than 720 requested acre-feet per source, except for the Missouri River. "Under the current statute, however, any individual who has submitted applications for irrigation totaling up to 720 requested acre feet can't apply for water from a different aquifer or a different source except for the Missouri River," Nygren said.

Nygren told the committee the 720 acre-feet figure dates to a 1981 bill and earlier discussions between the State Water Commission and the North Dakota Irrigation Association; it equated to 18 inches of water applied to 480 acres.

Senator Weber questioned the origin of the 720 figure and Nygren traced it to the 1981 agreement with the irrigation association and the water commission.

The committee moved and seconded a motion for a due-pass recommendation on House Bill 1201. The clerk recorded the roll: Senator Marsalais — yes; Senator Weston — yes; Senator Weber — yes; Chairman Lewick — yes; Vice Chair Meerdal — aye; Senator Lehi — aye. The committee announced a due-pass recommendation.

Because the bill amends permit rules that establish priority dates and source limits, supporters said it could help free up irrigation development by allowing applicants to establish priority from alternate sources while wait times for approvals persist.

The committee closed the hearing after receiving no testimony in opposition.

Votes at a glance: House Bill 1201 — due pass recommendation (roll recorded: Marsalais yes; Weston yes; Weber yes; Lewick yes; Meerdal aye; Lehi aye).