For purposes of this chapter, unless the context otherwise requires:

For purposes of this chapter, unless the context otherwise requires:

(1) “Department” means the department of water resources.

(1) “Department” means the department of water resources.

(2) “Director” means the director of the department.

(2) “Director” means the director of the department.

(3) To accept and administer loans and grants from the federal government and from other sources, public or private, for carrying out any of its functions, which loans and grants may not be expended for other than the purposes for which provided.

(3) To accept and administer loans and grants from the federal government and from other sources, public or private, for carrying out any of its functions, which loans and grants may not be expended for other than the purposes for which provided.

(4) To enter upon or through permittee’s premises where dredged or fill material is discharged, after written notice to the permittee. Such power may be exercised by authorized agents, representatives, and employees of the state engineer.

(4) To enter upon or through permittee’s premises where dredged or fill material is discharged, after written notice to the permittee. Such power may be exercised by authorized agents, representatives, and employees of the state engineer.

(5) To exercise all incidental powers necessary to carry out the purposes of this chapter.

(5) To exercise all incidental powers necessary to carry out the purposes of this chapter.

(6) To make rules governing the application, issuance, denial, modification, or revocation of permits for the discharge of dredged or fill material into waters of the state and for the administration of the chapter.

(6) To make rules governing the application, issuance, denial, modification, or revocation of permits for the discharge of dredged or fill material into waters of the state and for the administration of the chapter.

(7) To hold any hearings necessary for the administration of this chapter.

(7) To hold any hearings necessary for the administration of this chapter.

(8) To initiate actions in court for the enforcement of this chapter including actions to enjoin any threatened or continuing violation of any requirement.

(8) To initiate actions in court for the enforcement of this chapter including actions to enjoin any threatened or continuing violation of any requirement.

(9) To issue administrative orders to restrain any person from engaging in any unauthorized activity.

(9) To issue administrative orders to restrain any person from engaging in any unauthorized activity.

(10) To take all action necessary or appropriate to secure to the state the benefits of section 404 of the Clean Water Act [33 USCS 1344]. The discharge of dredged or fill material when an activity is authorized by a general permit issued pursuant to section 6 of this Act;

(10) To take all action necessary or appropriate to secure to the state the benefits of section 404 of the Clean Water Act [33 USCS 1344]. The discharge of dredged or fill material when an activity is authorized by a general permit issued pursuant to section 6 of this Act;

(11) Normal farming, silviculture, and ranching activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices;

(11) Normal farming, silviculture, and ranching activities such as plowing, seeding, cultivating, minor drainage, harvesting for the production of food, fiber, and forest products, or upland soil and water conservation practices;

(12) Maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levies, groins, riprap, breakwaters, causeways, bridge abutments or approaches, and transportation structures, which does not change the character, scope, or size of the original fill design;

(12) Maintenance, including emergency reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levies, groins, riprap, breakwaters, causeways, bridge abutments or approaches, and transportation structures, which does not change the character, scope, or size of the original fill design;

(13) Construction or maintenance of farm or stock ponds or irrigation ditches, or the maintenance of drainage ditches;

(13) Construction or maintenance of farm or stock ponds or irrigation ditches, or the maintenance of drainage ditches;

(14) Construction of temporary sedimentation basins on a construction site which does not include placement of fill material into waters of the state;

(14) Construction of temporary sedimentation basins on a construction site which does not include placement of fill material into waters of the state;

(15) Construction or maintenance of farm roads or forest roads, or temporary roads for moving mining equipment, where such roads are constructed and maintained, in accordance with best management practices, to assure that flow and circulation patterns and chemical and biological characteristics of the waters of the state are not impaired, that the reach of the waters of the state is not reduced, and that any adverse effect on the aquatic environment will be otherwise minimized; or

(15) Construction or maintenance of farm roads or forest roads, or temporary roads for moving mining equipment, where such roads are constructed and maintained, in accordance with best management practices, to assure that flow and circulation patterns and chemical and biological characteristics of the waters of the state are not impaired, that the reach of the waters of the state is not reduced, and that any adverse effect on the aquatic environment will be otherwise minimized; or

(16) The placement of fill material associated with activities which the state regulates by requiring best management practices under chapter 61-28.

(16) The placement of fill material associated with activities which the state regulates by requiring best management practices under chapter 61-28.