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NORTH DAKOTA STATE ENGINEER NOTICE OF HEARING

NORTH DAKOTA STATE ENGINEER NOTICE OF HEARING CONCERNING FORFEITURE PROCEEDINGS ON WATER PERMIT NO. 4001 Please take notice that pursuant to N.D.C.C. ? 61-04-24, a hearing concerning forfeiture proceedings on Water Permit No. 4001 will be held by...

NORTH DAKOTA STATE ENGINEER NOTICE OF HEARING CONCERNING FORFEITURE PROCEEDINGS ON WATER PERMIT NO. 4001 Please take notice that pursuant to N.D.C.C. § 61-04-24, a hearing concerning forfeiture proceedings on Water Permit No. 4001 will be held by the State Engineer on Monday, May 21, 2007, at 10:30 a.m. in the second floor conference room of the Office of the State Engineer, State Office Building, 900 East Boulevard, Bismarck, North Dakota. Such hearing shall afford 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 water permit that is the subject of this hearing is: Water Permit No. 4001. 1. Perfected Water Permit No. 4001 issued to J.O. Thorson Farms, Inc., East Grand Forks, Minnesota, on February 25, 1991, to appropriate 100.0 acre-feet of water annually from the Red River of the North for irrigation purposes. 2. The date of priority for this water permit is August 22, 1988. 3. The point of diversion for this water permit is located in the SW1/4 of Section 4, Township 149 North, Range 49 West, Grand Forks County. 4. The description of land to be irrigated by this permit is 100 acres to be rotated over a 300-acre tract located in the SW1/4 of Section 4 and the NE1/4 and SE1/4 of Section 5, Township 149 North, Range 49 West. Forfeiture proceedings have been initiated against this permit 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 thereof shall be declared forfeited and canceled. If interested parties shall appear and contest the cancellation, the State Engineer shall hear the evidence and if it appears that such water has not been put to a beneficial use or, having been so used at one time, has ceased to be used for such purposes for more than three years, unless such failure or cessation of use shall have been due to the unavailability of water, a justifiable inability to complete the works, or other good and sufficient cause, the same, or a portion thereof, shall be declared forfeited and canceled. If auxiliary aids or services such as readers, signers, or Braille material are required, please contact the North Dakota State Water Commission, 900 East Boulevard, Bismarck, North Dakota 58505; or call (701) 328-4941 at least seven working days prior to the hearing. TDD telephone number is (701) 328-2750. DATED April 16, 2007, at Bismarck, North Dakota. Dale L. Frink State Engineer (April 19, 26, 2007)

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