NOTICE OF HEARING CONCERNING CANCELLATION OF WATER PERMIT NO.
NOTICE OF HEARING CONCERNING CANCELLATION
OF WATER PERMIT NO. 3708E
Please take notice that under N.D.C.C. § 61-04-24, hearings concerning cancellation of Water Permit No. 3708E will be held by the State Engineer by remote means. The hearing will give the permitholder, the owners of land benefited by the appropriation or works, and other interested parties whose rights to use water may be affected by a cancellation of the appropriation an opportunity to show cause why the appropriation, or a portion thereof, should not be canceled. The hearing can be accessed by teleconference by dialing (701) 328-0950 (conference ID: 148 533 206#), or video conference (voice and video communication) via the Microsoft Teams Application. Participants choosing to video conference can access the hearing from the ND Secretary of State Website at www.sos.nd.gov and clicking the tab "North Dakota Public Meeting Notices" and selecting "State Engineer, State of North Dakota Office of the" under "Public Entity". Select appropriate Water Permit No. Under Attachments, select "Notice of Hearing." This document will contain a link to access the video conference.
Water Permit No. 3708E - Richard Schmidt.
1.Conditional Water Permit No. 3708 was issued on June 26, 1986. On March 31, 1995 Conditional Water Permit No. 3708 was split and Conditional Water Permit No. 3708E was approved to appropriate 434.6 acre-feet of surface water annually at a pumping rate of 1,630 gallons per minute for irrigation purposes.
2.The priority date is November 16, 1984.
3.The point(s) of diversion are located in the NE1/4 of Section 11, SW1/4 and the SE1/4 of Section 12, T. 139 N., R. 096 W., Stark County, North Dakota.
4.The land to be irrigated is 9.0 acres in the SW1/4, 132.3 acres in the SE1/4 of Section 11, 44.7 acres in the NW1/4, 54.9 acres in the SW1/4, and 3.4 acres in the SE1/4 of Section 12, T. 139 N., R. 096 W., Stark County, North Dakota.
Cancellation of these water permits has been initiated because the water is no longer being beneficially used for Irrigation purposes.
TAKE NOTICE FURTHER that if no individual appears at the hearing or files a written protest by the hearing date, the water permit or portion must be canceled. If interested parties appear and contest the cancellation, the State Engineer shall hear the evidence, and if it appears that the water has not been put to a beneficial use, or, having been so used at one time, has ceased to be used for such purpose for more than three years, unless the failure or cessation of use was due to the unavailability of water, a justifiable inability to complete the works, or other good and sufficient cause, the permit, or a portion thereof, must be canceled.
Individuals who need accommodations to participate in the hearing can contact Courtney Evoniuk of the Office of the State Engineer, 900 East Blvd., Bismarck, ND 58505, 701-328-3441.
Dated at Bismarck, North Dakota, February 22, 2021.
/S/ John Paczkowski, P.E.
North Dakota Interim State Engineer
900 East Boulevard Avenue
Bismarck, ND 58505-0850
(March 3 & 10, 2021) 2877413