A BILL for an Act to create and enact a new section to chapter 47-05 of the North Dakota Century Code, relating to nonfederal easements granted on wetland areas.

SB 2325 requires property owners granting nonfederal easements on North Dakota wetlands to first obtain a verified "ordinary high water mark" determination from the Department of Water Resources or a federal agency. Existing easements granted before August 1, 2025, must also get this verification by that date. Easement holders must record the easement, water mark determination, and a map with the county recorder. If water levels exceed the marked high water level, the easement holder is liable for civil damages to affected crops, roads, rail infrastructure, or private property.