North Dakota Century Code Title 61. Waters § 61-04-24. Cancellation of water rights--Notice--Contents

1. If it appears any water appropriation or portion of an appropriation has not been used for a beneficial use, or having been so used at one time has ceased to be used for that purpose for more than three successive years, unless the failure or cessation of use is due to the unavailability of water, a justifiable inability to complete the works, or other good and sufficient cause, the department of water resources shall give notice of cancellation by certified mail to the permitholder and to the owners of land benefited by the appropriation as indicated on the water permit.

2. The notice must contain:

3. The department shall publish a notice of cancellation in the official newspaper of the counties in which each point of diversion is located once each week for two consecutive weeks. The notice of cancellation must include the name and address of the permitholder, a description of the water appropriation, the permit number, the priority date, the location of all points of diversion, and a description of all land benefited by the appropriation as indicated on the water permit. The notice must state a person that files written comments with the department will be mailed the department's final decision on cancellation.

4. The department shall pay the notice of cancellation publication costs.