Penalties For Water Theft In North Dakota Exceed $1.6 Million

For North Dakota, it has paid to crack down on illegal water use.

When Lignite Volunteer Fire Department began to sell the contents of its water well, which was meant to be used for firefighting, it brought in more than $650,000 over several years. When state regulators caught on, they acted swiftly. The State Water Commission stepped in.

“Investigators determined the fire department lacked a permit to sell water -- and assessed a penalty of $658,871. The fine, equal to the profits of the water sold, is an example of the state's crackdown on water violations,” The Bismarck Tribune reported.

Bolstering its efforts to enforce penalties for illegal water use has brought large dollar amounts to the state. The State Water Commission imposed steep fines for water violations three years ago with the hope of cutting into the profits made when water is illegally sold.

“Last year, penalties exceeded $1.6 million, offset by suspensions totaling $450,758, all imposed through agreements with those who were cited,” the report said.

The civil penalty for individuals, communities, and businesses that illegally sell water can go as high as $25,000 per day in North Dakota, according to state documents.

Water theft in North Dakota is linked to industry pressure for water. In recent years, the state has experienced an energy boom. Energy companies require massive amounts of water.

“The increasing need for water to serve industry has increased the temptation to take or sell water from locations where it is readily available. However, the taking or selling of water for industrial use without a permit is illegal in North Dakota,” state documents said.

In California, the drought has prompted concern about water theft. Regulators have stepped up enforcement efforts in some areas to stop this crime.

"It's amazingly easy to steal water from a California stream. Even in this epic drought, the state has no way of monitoring exactly who is tapping into its freshwater supplies and how much they take," The Sacramento Bee reported.

Water theft comes in many shapes and sizes. For instance, a farmer with a valid water permit may take more water than he is allowed. Or, "a homeowner may decide to build a pond for swimming and divert the closest creek to fill it without getting a permit from the state," the report said.

Some water stakeholders are stepping in to help prevent this crime.

“The newest battle to conserve water is being fought in the Santa Cruz Mountains. The region's main fire agency, Cal Fire, is offering residents locks so their hydrants won't be a target for water theft,” ABC 7 News reported. “The locks are the newest tool to prevent theft.”