61-04-15.4. Change in purpose of use.

1. A permit holder may change the purpose of use of a conditional or perfected water permit without affecting the priority date, if approved by the department of water resources.

2. An application to change the purpose of use must be processed and evaluated in the same manner as a conditional water permit application.

3. The department of water resources may approve the proposed change if the proposed change will not adversely affect the rights of other appropriators and if a change in the purpose of use is: a. To a superior use under the order of priority in section 61-04-06.1; or b. To livestock use or fish, wildlife, and recreation use for a reservoir authorizing no withdrawal of water.