61-20 Artesian Wells
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well shall provide for each such well a valve or valves capable of controlling the discharge from
such well and shall keep such valve or valves so adjusted that only such supply of water shall
escape as is necessary for ordinary use by the owner, or the person in control, of such land, in
conducting the owner's or person's business. In the winter, such flow may be permitted as will
prevent freezing of the well, and when it is necessary, a sufficient flow may be allowed for the
purposes of developing the well. The owner of an artesian well shall be required, by means of
the construction of a reservoir or otherwise, to prevent the flow of the owner's well from running
upon land belonging to another or from running into any ditch along any public highway except a
regularly established drainage ditch.61-20-02.Drilling artesian or flowing well - Requirements.Every person, stockcompany, association, corporation, or limited liability company that shall drill an artesian or
flowing well shall comply with the rules of the state engineer regarding such activity.61-20-03. Wild wells. The provisions of this chapter shall apply to a wild well, or a wellout of control, except that if it is determined by the state engineer that such well cannot be
repaired for use, no valve shall be attached, but every effort shall be made by the owner to seal,
plug, or cut off the same. Old wells which might be damaged by so doing need not be shut off,
but such wells shall be put in repair at the earliest possible date and shall be regulated thereafter.61-20-04.Artesian or flowing wells - Penalty for certain actions.The owner orperson in control of an artesian or flowing well, who:1.Allows it to flow without a valve or other device for checking the flow as required by
law, or without proper repair of pipes and valves;2.Interferes with the well, valve, or other device;3.Permits the water to waste unnecessarily; or4.Permits the water to run upon the lands of another or into the ditches along any
public road except a regularly established drainage ditch,shall be guilty of a class B misdemeanor. The provisions of this section shall also apply to the
officer or members of a board in charge of wells belonging to the state, or any county, township,
or municipality.61-20-05. Township and county assessors shall list all artesian and flowing wellsannually - Forwarding data to state water commission.Repealed by S.L. 1983, ch. 598,