Section 43-17-39 - Petition to add to, or delete from, list of streams requiring gates.
43-17-39. Petition to add to, or delete from, list of streams requiring gates. Any person may file a petition by August first in any year with the Water Management Board requesting the board to add any stream or portion of a stream to, or to delete any stream or portion of a stream from, the streams listed pursuant to § 43-17-38. At its next regularly scheduled meeting after August first, the board shall consider any petitions that have been received during the twelve months immediately prior to August first and may act on such petitions by promulgating rules pursuant to chapter 1-26 to:
(1) Designate a stream or portion of a stream to be included among the streams listed pursuant to § 43-17-38 and this section:
(a) If the stream portion is navigable pursuant to § 43-17-34; and
(b) If available information shows that use by the public justifies the construction and maintenance of a gate or opening in any fence across the navigable stream; or if the public's right to the use of a stream as a public highway pursuant to § 43-17-2 would be adversely impaired without a gate or opening in each fence across the stream;
(2) Delete a stream or portion of a stream from the streams listed pursuant to § 43-17-38 and this section:
(a) If available information shows that the public's use is not significant; or
(b) If the rights of the public to the use of the stream would not be adversely impaired without a gate or opening in any fence across the stream.
Any designation made pursuant to this section shall specify the months of the year during which a gate or opening across the navigable stream or portion of the stream is required. Any person who submitted written or oral testimony at the hearing pursuant to this section and who does not agree with a board decision, may file a petition within ten days of the hearing with the chief engineer, as defined in subdivision 46-1-6(5), to request the Legislature to take final action on the matter governed by the petition. Upon receipt of a petition to submit the decision of the board to the Legislature, the board's decision is nullified and the portion of the rules addressed by the petition may not take effect. The chief engineer shall draft legislation in accordance with the petition and submit the proposed legislation to the next Legislature. All persons submitting written or oral testimony at the hearing shall be given notice by first class mail that the decision of the board has been nullified and that legislation to address the petition will be submitted to the Legislature. The Legislature may add or delete a stream or portion of a stream to the streams designated pursuant to this section and § 43-17-38.
Source: SL 1992, ch 311, § 2.