61-01 General Provisions
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for beneficial use and the right to the use of these waters for such use must be acquired pursuant
to chapter 61-04:1.Waters on the surface of the earth, excluding diffused surface waters but including
surface waters whether flowing in well-defined channels or flowing through lakes,
ponds, or marshes which constitute integral parts of a stream system, or waters in
lakes;2.Waters under the surface of the earth whether such waters flow in defined
subterranean channels or are diffused percolating underground water;3.All residual waters resulting from beneficial use, and all waters artificially drained;
and4.All waters, excluding privately owned waters, in areas determined by the state
engineer to be noncontributing drainage areas. A noncontributing drainage area is
any area that does not contribute natural flowing surface water to a natural stream or
watercourse at an average frequency more often than once in three years over the
latest thirty-year period.61-01-01.1. Reciprocal rights of riparian owners. Repealed by S.L. 1977, ch. 569,