By State › North Dakota

North Dakota: Laws & Legal Considerations

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North Dakota permits rainwater harvesting for outdoor, domestic use without a state water rights permit, though larger-scale use crosses into permit territory.

RuleNorth Dakota
Source water Rooftop or other catchment
Permit required for typical domestic/outdoor use No
Permit threshold Irrigation of more than 5 acres, or industrial/municipal/rural water-system use, may require a water rights permit
Structure/tank permits A building permit may still be required for structures or underground tanks, separate from the water rights question

Where to find it: the North Dakota Department of Water Resources (dwr.nd.gov).

Water rights: prior appropriation, with domestic use generally exempt

North Dakota follows prior appropriation, the same “first in time, first in right” doctrine as Utah, Montana, Kansas, and several other states covered on this site.

ConceptHow it works in North Dakota
Basic rule The earliest-dated appropriator holds first claim during a shortage
Ownership All waters within the state belong to the public and are subject to appropriation for beneficial use (N.D. Century Code §61-01-01)
Domestic and farm use Generally doesn't require a permit, though obtaining one voluntarily can help establish a documented water right

Where to find it: the North Dakota Department of Water Resources administers appropriation permits.

Permitless carry since 2017

North Dakota has recognized constitutional carry since House Bill 1169 took effect August 1, 2017.

RequirementDetail
Standard Permitless carry, concealed, for anyone 18+ (resident or non-resident) with a valid driver's license or state ID, legally eligible to possess a firearm
Disclosure requirement Anyone carrying under the permitless standard must inform any officer who makes contact (e.g., during a traffic stop) that they're carrying, or they're in violation of state law
Optional permit Remains available for reciprocity purposes

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