N.D. Cent. Code § 61-31-02 — ND Code / Title 61 / Chapter 61-31 / Section 61-31-02
61-31-02. Definitions
Status: in_force

61-31-02. Definitions

In this chapter, unless the context or subject matter otherwise provides:

1. "Adjacent lands" means lands bordering or within one-fourth mile of the wetland.

2. "Commissioner" means the agriculture commissioner.

3. "Landowner" means the person, including a lessee, who has actual use and exclusive

possession of the land.

4. "Participant" means the landowner participating in the program.

5. "Program" means the state waterbank program.

6. "State assessment team" means representatives from the department of agriculture,

the game and fish department, the department of water resources, the United States

department of agriculture's soil conservation service, and the United States fish and

wildlife service.

7. "Wetlands" means a natural depressional area that is capable of holding shallow,

temporary, intermittent, or permanent water. It does not include sheetwater.
N.D. Cent. Code § 61-02-78 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-78
61-02-78. Infrastructure revolving loan fund - Continuing appropriation - Rules
Status: repealed

61-02-78. Infrastructure revolving loan fund - Continuing appropriation - Rules

Repealed by S.L. 2021, ch. 80, § 6.
N.D. Cent. Code § 61-13-02 — ND Code / Title 61 / Chapter 61-13 / Section 61-13-02
61-13-02. Powers of corporations and limited liability companies organized under chapter
Status: in_force

61-13-02. Powers of corporations and limited liability companies organized under

chapter.

A corporation or limited liability company organized for irrigation purposes may:

1. Engage in any corporate activity not otherwise prohibited by law and not inconsistent

with the purposes mentioned in section 61-13-01.

2. Acquire water rights, easements, sites, and all means, property, machinery, and

equipment necessary or required in connection with the operation and maintenance of

an irrigation system.

3. Establish, construct, maintain, and operate pumping plants, wells, pipelines, canals,

and ditches and all other necessary facilities required for the appropriation of water

and the operation and maintenance of an irrigation system.

4. Borrow money in an amount, whether in excess of the amount of its capital stock or

membership interests or not, necessary to enable it to carry out the intent and

purposes for which it is organized, and as security for the payment of any loan, to

pledge or mortgage real or personal property acquired by the proceeds of such loan,

or otherwise, including future earnings or income of the corporation or limited liability

company.

5. Acquire, purchase, or lease water rights, franchises, and irrigation works and facilities,

or any part thereof, from any person, firm, corporation, limited liability company, or

irrigation district, and from any state or federal agency.

6. Furnish water for irrigation or domestic use, to its members or stockholders, and to

furnish and sell water to any person, firm, corporation, or limited liability company.

7. Adopt bylaws and rules for the furnishing of water, and for charges to be made

therefor.

8. Levy assessments against its members or stockholders necessary for the

maintenance and operation of the irrigation system, if one is established and

maintained.

9. Fix rates of tolls and charges for water, to collect the same, to require that charges for

water be paid in advance of the irrigation season, to suspend the delivery of water to

any land for the irrigation of which the charges and tolls have not been paid, and to

provide for the suspension of water delivery to any land upon which assessments,

apportioned and levied, remain unpaid for one year after having become due and

payable.

10. Enter into contracts with any person, firm, association, corporation, limited liability

company, irrigation district, this state, or any department or agency thereof, or the

United States, or with any department or agency of the United States, for supplying

water for the irrigation of the lands of its members or stockholders. Such supply of

water may be either the entire supply of water necessary to irrigate said lands or to

supplement waters supplied or controlled by the corporation or limited liability

company.

11. Do each and every thing necessary, suitable, or proper for the accomplishment of any

one or more of the objects enumerated in this section, and to exercise and possess all

powers, rights, and privileges necessary or incidental to the purposes for which the

corporation or limited liability company is organized, or to the activities in which it is

engaged.

12. Exercise any other rights, powers, and privileges not inconsistent with the purposes of

this chapter granted by this state to ordinary corporations or limited liability companies

or to mutual aid corporations organized under chapter 10-12.
N.D. Cent. Code § 61-13-03.1 — ND Code / Title 61 / Chapter 61-13 / Section 61-13-03.1
61-13-03.1. Articles of organization or bylaws may restrict sales to members - When membership interest to become appurtenant to land - Sale of water to others
Status: in_force

61-13-03.1. Articles of organization or bylaws may restrict sales to members - When

membership interest to become appurtenant to land - Sale of water to others.

Any limited liability company organized for irrigation purposes may provide in the articles of

organization or bylaws that water must be sold, distributed, supplied, or delivered only to owners

of the limited liability company's membership interests and that these membership interests

must be appurtenant to the land described in the document evidencing these membership

interests. If a copy of the articles of organization or bylaws is recorded in the office of the

recorder of the county in which the lands are situated, the membership interests become

appurtenant to the lands and may be transferred only with the sale or transfer of the lands,

except in the event of sale or forfeiture of the membership interests for delinquent assessments

on the land as provided in section 61-13-04. Notwithstanding any provision in the limited liability

company's articles of organization or bylaws, any limited liability company organized for

irrigation purposes may sell water to an irrigation district, this state, or any department or

agency of this state, and to the United States, or any department or agency of the United

States, at the same rates as to holders of membership interests of the limited liability company.

If lands to which any membership interest is appurtenant are acquired by the state, the United

States, or any department or agency of the state or the United States, the membership interest

must be canceled by the limited liability company and must be reissued to any persons

acquiring title to the land at a later date.
N.D. Cent. Code § 61-04.1-03.1 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-03.1
61-04.1-03.1. Atmospheric resource board
Status: repealed

61-04.1-03.1. Atmospheric resource board

Repealed by S.L. 1999, ch. 538, § 9.
N.D. Cent. Code § 61-07-21 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-21
61-07-21. Incurring liability in excess of provisions of chapter prohibited - Exception
Status: in_force

61-07-21. Incurring liability in excess of provisions of chapter prohibited - Exception

Except as otherwise provided in section 61-07-16, the board or other officers of the district

may not incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of

the express provisions of this title, and any debt or liability incurred in excess of such express

provisions shall be and remain absolutely void.
N.D. Cent. Code § 61-01-02 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-02
61-01-02. Right to use water - Basis - Waters appropriated for irrigation purposes - Priority in time
Status: repealed

61-01-02. Right to use water - Basis - Waters appropriated for irrigation purposes -

Priority in time.

Repealed by S.L. 1977, ch. 569, § 27.
N.D. Cent. Code § 61-02-24.1 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-24.1
61-02-24.1. Cooperation and participation of political subdivisions and federally recognized Indian tribes
Status: in_force

61-02-24.1. Cooperation and participation of political subdivisions and federally

recognized Indian tribes.

Any political subdivision, including a county, township, city, park district, and water resource

district, and federally recognized Indian tribes, may separately or jointly, with each other, the

state of North Dakota through the commission, or federal departments or agencies, investigate,

plan, and do all things necessary for participating in or undertaking underground or surface

water surveys, development, construction, reconstruction, and maintenance of works, dams,

and projects for the beneficial utilization and control of water resources, and may enter into

contracts with the commission to pay rents, charges, or other payments for the use of works of

the commission.
N.D. Cent. Code § 61-16-01 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-01
61-16-01. Definitions
Status: repealed

61-16-01. Definitions

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-02.1-02.1 — ND Code / Title 61 / Chapter 61-02.1 / Section 61-02.1-02.1
61-02.1-02.1. Funding - Statewide water development projects - Bond issuance amount
Status: in_force

61-02.1-02.1. Funding - Statewide water development projects - Bond issuance

amount.

1. The priorities for the statewide water development program include municipal, rural,

and industrial projects; irrigation projects; general water management projects,

including rural flood control, snagging and clearing, channel improvement, recreation,

and planning studies; flood control projects; and weather modification projects, which

are authorized and declared to be in the public interest. The state water commission

may provide the funds necessary to construct these projects from money appropriated

to the state water commission from the resources trust fund or by issuing bonds in an

amount not to exceed sixty million dollars plus the costs of issuance of the bonds,

capitalized interest, and reasonably required reserves. The proceeds of any bonds

issued under the authority provided in this section are appropriated to the state water

commission for the purposes set forth in this section.

2. If the state water commission determines it is appropriate to do so, it may, in lieu of

issuing or in combination with the issuance of bonds pursuant to this section or section

61-02.1-01, for all or part of the state's cost share for the projects set forth in those

provisions, use funds appropriated to it from the resources trust fund.
N.D. Cent. Code § 61-04.1-14 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-14
61-04.1-14. Issuance of license - Fee
Status: in_force

61-04.1-14. Issuance of license - Fee

The department of water resources shall provide, by rule, the procedure and criteria for the

issuance of a license. The department, in accordance with its rules, shall issue a weather

modification license to each applicant who:

1. Pays a license fee of fifty dollars.

2. Demonstrates competence to engage in weather modification operations, to the

satisfaction of the department.

3. Designates an agent for the service of process pursuant to section 61-04.1-13 or

Each license issued by the department is nontransferable and expires on December thirty-first

of the year of issuance. A license is revocable for cause at any time prior to such date if, after

holding a hearing upon due notice, the department determines that cause for revocation exists.

License fees collected by the department must be paid into the general fund in the state

treasury.
N.D. Cent. Code § 61-08-04 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-04
61-08-04. Ballot for election - Contents - Spoiled or blank ballots not counted
Status: in_force

61-08-04. Ballot for election - Contents - Spoiled or blank ballots not counted

The ballot for a bond election shall be written or printed and shall state the question in

substantially the following form:

Shall the __________ irrigation district issue its bonds in the amount of not to exceed

$__________ (here insert the amount) for the purpose of __________ (here insert the

purpose)?

Yes ☐

No ☐

Spoiled or blank ballots cast at such election shall not be counted either for or against the

proposed issue.
N.D. Cent. Code § 61-01-05 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-05
61-01-05. Reclaiming waters turned into natural or artificial watercourse
Status: in_force

61-01-05. Reclaiming waters turned into natural or artificial watercourse

Water turned into any natural or artificial watercourse by any party entitled to the use of the

water may be reclaimed below and diverted from the watercourse by the party, subject to

existing rights, due allowance for losses being made, as determined by the department of water

resources.
N.D. Cent. Code § 61-02.1-03 — ND Code / Title 61 / Chapter 61-02.1 / Section 61-02.1-03
61-02.1-03. Limitation of action
Status: in_force

61-02.1-03. Limitation of action

An action may not be brought or maintained in any court in this state questioning the validity

of any bonds issued as provided in this chapter unless the action is commenced within thirty

days after the adoption of the resolution of the state water commission authorizing the sale of

the bonds. The state water commission may commence a special proceeding anytime after

April 19, 1999, in and by which the constitutionality and validity of the bonds to be issued

pursuant to this chapter may be judicially examined, approved and confirmed, or disapproved

and disaffirmed. Proceedings must comply as nearly as possible with the procedure required for

declaratory judgment proceedings.
N.D. Cent. Code § 61-24-03 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-03
61-24-03. Election of directors of the Garrison Diversion Conservancy District
Status: in_force

61-24-03. Election of directors of the Garrison Diversion Conservancy District

A director of the Garrison Diversion Conservancy District must be nominated and elected in

each county in the district. Any person who is a resident and qualified elector of the county who

aspires to the office of director of the Garrison Diversion Conservancy District shall, before

four p.m. of the sixty-fourth day before any primary election preceding a general election at

which a director of the district is to be elected, present to the county auditor a petition giving that

person's name, post-office address, the title of the office "Director of the Garrison Diversion

Conservancy District", and containing the signatures of not less than fifty nor more than three

hundred qualified electors of the county to which each signer has added the signer's residence

with street number, if any, and the date of signing.

The petition must be accompanied by an affidavit substantially as follows:

State of North Dakota )

) ss.

County of ___________)

I, ___________, being sworn, say that I reside in the county of _______________ and

State of North Dakota; that I am a qualified elector therein; that I am a candidate for

nomination to the office of director of the Garrison Diversion Conservancy District to be

chosen at the primary election to be held on _____________, ______, and I request that

my name be printed upon the no-party primary election ballot as provided by law, as a

candidate for the office.

______________________________

Subscribed and sworn to before me on _____________, ______.

______________________________

Notary Public

Upon receipt of the petition, the county auditor shall without fee place the name of the

aspirant on the no-party primary election ballot as a candidate for the aforesaid office of director.

The two candidates receiving the highest number of votes if more than two are running are

nominated.

The names of the candidates so nominated at the primary election must be placed on the

no-party ballot at the ensuing general election and the candidate receiving the highest number

of votes is elected.

At the primary and general elections, votes must be canvassed, returned certified, and

certificates of nomination and election issued in the manner provided by law for the nomination

and election of county officers.
N.D. Cent. Code § 61-33.1-07 — ND Code / Title 61 / Chapter 61-33.1 / Section 61-33.1-07
61-33.1-07. Department of water resources regulatory jurisdiction (Retroactive application - See note)
Status: in_force

61-33.1-07. Department of water resources regulatory jurisdiction. (Retroactive

application - See note)

This chapter does not affect the authority of the department of water resources to regulate

the historical Missouri riverbed channel, minerals other than oil and gas, or the waters of the

state, provided the regulation does not affect ownership of oil and gas minerals in and under the

riverbed or lands above the ordinary high water mark of the historical Missouri riverbed channel

subject to inundation by Pick-Sloan Missouri basin project dams.
N.D. Cent. Code § 61-02-04 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-04
61-02-04. State water commission - Members - Terms - Qualifications
Status: in_force

61-02-04. State water commission - Members - Terms - Qualifications

The state water commission consists of the governor, agriculture commissioner, and eight

other members appointed by the governor who shall take into account reasonable geographic

considerations in making the appointments with the intent of having each of the eight major

drainage basins represented by a commissioner who resides in the basin. The major drainage

basins are the upper Missouri River basin; the lower Missouri River basin; the James River

basin; the upper Red River basin; the lower Red River basin; the Mouse River basin; the Devils

Lake basin; and the Little Missouri River, upper Heart River, and upper Cannonball River basin.

The governor or the agriculture commissioner, or both, may appoint a representative to serve in

that official's capacity at meetings that official is unable to attend. The eight appointive members

of the commission must be appointed for a term of six years each with the terms of office so

arranged that not more than four terms expire on the first day of July of each odd-numbered

year. Each appointive member must be a qualified elector of the state and is subject to removal

by judicial procedure. In case of a vacancy, the vacancy must be filled by appointment by the

governor for the remainder of the unexpired term. Before entering upon the discharge of official

duties, each appointive member shall take, subscribe, and file with the secretary of state the

oath prescribed for civil officers.
N.D. Cent. Code § 61-23-01 — ND Code / Title 61 / Chapter 61-23 / Section 61-23-01
61-23-01. Ratification of Yellowstone River Compact between the states of Montana, North Dakota, and Wyoming
Status: in_force

61-23-01. Ratification of Yellowstone River Compact between the states of Montana,

North Dakota, and Wyoming.

The legislative assembly of the state of North Dakota hereby approves and ratifies the

compact designated as the "Yellowstone River Pact", dated at the city of Billings, state of

Montana, on the eighth day of December 1950. Signed by I. A. Acker, Einar H. Dahl, and J. J.

Walsh as the state representatives of the state of North Dakota on a compact commission

between the states of Montana, North Dakota, and Wyoming, which compact is as follows:

YELLOWSTONE RIVER COMPACT

The state of Montana, the state of North Dakota, and the state of Wyoming, being moved by

consideration of interstate comity, and desiring to remove all causes of present and future

controversy between said states and between persons in one and persons in another with

respect to the waters of the Yellowstone River and its tributaries, other than waters within or

waters which contribute to the flow of streams within the Yellowstone National Park, and

desiring to provide for an equitable division and apportionment of such waters, and to

encourage the beneficial development and use thereof, acknowledging that in future projects or

programs for the regulation, control, and use of water in the Yellowstone River basin the great

importance of water for irrigation in the signatory states shall be recognized, have resolved to

conclude a compact as authorized under the Act of Congress of the United States of America,

approved June 2, 1949 [Public Law 83, 81st Congress, First Session], for the attainment of

these purposes, and to that end, through their respective governments, have named as their

respective commissioners:

For the state of Montana: Fred E. Buck, A. W. Bradshaw, H. W. Bunston, John Herzog,

John M. Jarussi, Ashton Jones, Chris Josephson, A. Wallace Kingsbury, P. F. Leonard,

Walter M. McLaughlin, Dave M. Manning, Joseph Muggli, Chester E. Onstad, Ed F. Parriott,

R. R. Renne, Keith W. Trout;

For the state of North Dakota: I. A. Acker, Einar H. Dahl, J. J. Walsh;

For the state of Wyoming: L. C. Bishop, Earl T. Bower, J. Harold Cash, Ben F. Cochrane,

Ernest J. Goppert, Richard L. Greene, E. C. Gwillim, E. J. Johnson, Lee E. Keith, N. V. Kurtz,

Harry L. Littlefield, R. E. McNally, Will G. Metz, Mark M. Partridge, Alonzo R. Shreve, Charles

M. Smith, Leonard F. Thornton, M. B. Walker who, after negotiations participated in by

R. J. Newell, appointed as the representative of the United States of America, have agreed

upon the following articles, to wit:

ARTICLE I

A. Where the name of a state is used in this compact, as a party thereto, it shall be

construed to include the individuals, corporations, partnerships, associations, districts,

administrative departments, bureaus, political subdivisions, agencies, persons,

permittees, appropriators, and all others using, claiming, or in any manner asserting

any right to the use of the waters of the Yellowstone River system under the authority

of said state.

B. Any individual, corporation, partnership, association, district, administrative

department, bureau, political subdivision, agency, person, permittee, or appropriator

authorized by or under the laws of a signatory state, and all others using, claiming, or

in any manner asserting any right to the use of the waters of the Yellowstone River

system under the authority of said state, shall be subject to the terms of this compact.

Where the singular is used in this article, it shall be construed to include the plural.

ARTICLE II

A. The state of Montana, the state of North Dakota, and the state of Wyoming are

hereinafter designated as "Montana", "North Dakota", and "Wyoming", respectively.

B. The terms "commission" and "Yellowstone River compact commission" mean the

agency created as provided herein for the administration of this compact.

C. The term "Yellowstone River basin" means areas in Wyoming, Montana, and North

Dakota drained by the Yellowstone River and its tributaries, and includes the area in

Montana known as Lake Basin, but excludes those lands lying within Yellowstone

National Park.

D. The term "Yellowstone River system" means the Yellowstone River and all of its

tributaries, including springs and swamps, from their sources to the mouth of the

Yellowstone River near Buford, North Dakota, except those portions thereof which are

within or contribute to the flow of streams within the Yellowstone National Park.

E. The term "tributary" means any stream which in a natural state contributes to the flow

of the Yellowstone River, including interstate tributaries and tributaries thereof, but

excluding those which are within or contribute to the flow of streams within the

Yellowstone National Park.

F. The term "interstate tributaries" means the Clarks Fork, Yellowstone River; the Bighorn

River (except Little Bighorn River); the Tongue River; and the Powder River, whose

confluences with the Yellowstone River are respectively at or near the city (or town) of

Laurel, Big Horn, Miles City, and Terry, all in the state of Montana.

G. The terms "divert" and "diversion" mean the taking or removing of water from the

Yellowstone River or any tributary thereof when the water so taken or removed is not

returned directly into the channel of the Yellowstone River or of the tributary from

which it is taken.

H. The term "beneficial use" is herein defined to be that use by which the water supply of

a drainage basin is depleted when usefully employed by the activities of man.

I. The term "domestic use" shall mean the use of water by an individual, or by a family

unit or household for drinking, cooking, laundering, sanitation, and other personal

comforts and necessities; and for the irrigation of a family garden or orchard not

exceeding one-half acre in area.

J. The term "stock water use" shall mean the use of water for livestock and poultry.

ARTICLE III

A. It is considered that no commission or administrative body is necessary to administer

this compact or divide the waters of the Yellowstone River basin as between the states

of Montana and North Dakota. The provisions of this compact, as between the states

of Wyoming and Montana, shall be administered by a commission composed of one

representative from the state of Wyoming and one representative from the state of

Montana, to be selected by the governors of said states as such states may choose,

and one representative selected by the director of the United States geological survey

or whatever federal agency may succeed to the functions and duties of that agency, to

be appointed by the director at the request of the states to sit with the commission and

who shall, when present, act as chairman of the commission without vote, except as

herein provided.

B. The salaries and necessary expenses of each state representative shall be paid by the

respective state; all other expenses incident to the administration of this compact not

borne by the United States shall be allocated to and borne one-half by the state of

Wyoming and one-half by the state of Montana.

C. In addition to other powers and duties herein conferred upon the commission and the

members thereof, the jurisdiction of the commission shall include the collection,

correlation, and presentation of factual data, the maintenance of records having a

bearing upon the administration of this compact, and recommendations to such states

upon matters connected with the administration of this compact, and the commission

may employ such services and make such expenditures as reasonable and necessary

within the limit of funds provided for that purpose by the respective states, and shall

compile a report for each year ending September thirtieth and transmit it to the

governors of the signatory states on or before December thirty-first of each year.

D. The secretary of the army; the secretary of the interior; the secretary of agriculture; the

chairman, federal power commission; the secretary of commerce, or comparable

officers of whatever federal agencies may succeed to the functions and duties of these

agencies, and such other federal officers and officers of appropriate agencies of the

signatory states having services or data useful or necessary to the compact

commission, shall cooperate, ex officio, with the commission in the execution of its

duty in the collection, correlation, and publication of records and data necessary for

the proper administration of the compact; and these officers may perform such other

services related to the compact as may be mutually agreed upon with the commission.

E. The commission shall have power to formulate rules and regulations and to perform

any act which they may find necessary to carry out the provisions of this compact, and

to amend such rules and regulations. All such rules and regulations shall be filed in the

office of the state engineer of each of the signatory states for public inspection.

F. In case of the failure of the representatives of Wyoming and Montana to unanimously

agree on any matter necessary to the proper administration of this compact, then the

member selected by the director of the United States geological survey shall have the

right to vote upon the matters in disagreement and such points of disagreement shall

then be decided by a majority vote of the representatives of the states of Wyoming and

Montana and said member selected by the director of the United States geological

survey, each being entitled to one vote.

G. The commission herein authorized shall have power to sue and be sued in its official

capacity in any federal court of the signatory states, and may adopt and use an official

seal which shall be judicially noticed.

ARTICLE IV

The commission shall itself, or in conjunction with other responsible agencies, cause to be

established, maintained, and operated such suitable water gaging and evaporation stations as it

finds necessary in connection with its duties.

ARTICLE V

A. Appropriative rights to the beneficial uses of the water of the Yellowstone River system

existing in each signatory state as of January 1, 1950, shall continue to be enjoyed in

accordance with the laws governing the acquisition and use of water under the

doctrine of appropriation.

B. Of the unused and unappropriated waters of the interstate tributaries of the

Yellowstone River as of January 1, 1950, there is allocated to each signatory state

such quantity of that water as shall be necessary to provide supplemental water

supplies for the rights described in paragraph A of this article V, such supplemental

rights to be acquired and enjoyed in accordance with the laws governing the

acquisition and use of water under the doctrine of appropriation, and the remainder of

the unused and unappropriated water is allocated to each state for storage or direct

diversions for beneficial use on new lands or for other purposes as follows:

1. Clarks Fork, Yellowstone River

a. To Wyoming 60%

To Montana 40%

b. The point of measurement shall be below the last diversion from Clarks Fork

above Rock Creek.

2. Bighorn River (Exclusive of Little Bighorn River)

a. To Wyoming 80%

To Montana 20%

b. The point of measurement shall be below the last diversion from the Bighorn

River above its junction with the Yellowstone River, and the inflow of the

Little Bighorn River shall be excluded from the quantity of water subject to

allocation.

3. Tongue River

a. To Wyoming 40%

To Montana 60%

b. The point of measurement shall be below the last diversion from the Tongue

River above its junction with the Yellowstone River.

4. Powder River (Including the Little Powder River)

a. To Wyoming 42%

To Montana 58%

b. The point of measurement shall be below the last diversion from the Powder

River above its junction with the Yellowstone River.

C. The quantity of water subject to the percentage allocations, in paragraph B 1, 2, 3, and

4 of this article V, shall be determined on an annual water year basis measured from

October first of any year through September thirtieth of the succeeding year. The

quantity to which the percentage factors shall be applied through a given date in any

water year shall be, in acre-feet, equal to the algebraic sum of:

1. The total diversions, in acre-feet, above the point of measurement, for irrigation,

municipal, and industrial uses in Wyoming and Montana developed after January

1, 1950, during the period from October first to that given date;

2. The net change in storage, in acre-feet, in all reservoirs in Wyoming and Montana

above the point of measurement completed subsequent to January 1, 1950,

during the period from October first to that given date;

3. The net change in storage, in acre-feet, in existing reservoirs in Wyoming and

Montana above the point of measurement, which is used for irrigation, municipal,

and industrial purposes developed after January 1, 1950, during the period

October first to that given date;

4. The quantity of water, in acre-feet, that passed the point of measurement in the

stream during the period from October first to that given date.

D. All existing rights to the beneficial use of waters of the Yellowstone River in the states

of Montana and North Dakota, below Intake, Montana, valid under the laws of these

states as of January 1, 1950, are hereby recognized and shall be and remain

unimpaired by this compact. During the period May first to September thirtieth,

inclusive, of each year, lands within Montana and North Dakota shall be entitled to the

beneficial use of the flow of waters of the Yellowstone River below Intake, Montana, on

a proportionate basis of acreage irrigated. Waters of tributary streams, having their

origin in either Montana or North Dakota, situated entirely in said respective states and

flowing into the Yellowstone River below Intake, Montana, are allotted to the respective

states in which situated.

E. There are hereby excluded from the provisions of this compact:

1. Existing and future domestic and stock water uses of water:

Provided, that the capacity of any reservoir for stock water so excluded shall

not exceed 20 acre-feet;

2. Devices and facilities for the control and regulation of surface waters.

F. From time to time the commission shall re-examine the allocations herein made and

upon unanimous agreement may recommend modifications therein as are fair, just and

equitable, giving consideration among other factors to:

Priorities of water rights;

Acreage irrigated;

Acreage irrigable under existing works; and

Potentially irrigable lands.

ARTICLE VI

Nothing contained in this compact shall be so construed or interpreted as to affect adversely

any rights to the use of the waters of Yellowstone River and its tributaries owned by or for

Indians, Indian tribes, and their reservations.

ARTICLE VII

A. A lower signatory state shall have the right, by compliance with the laws of an upper

signatory state, except as to legislative consent, to file application for and receive

permits to appropriate and use any waters in the Yellowstone River system not

specifically apportioned to or appropriated by such upper state as provided in article V;

and to construct or participate in the construction and use of any dam, storage

reservoir, or diversion works in such upper state for the purpose of conserving and

regulating water that may be apportioned to or appropriated by the lower state:

Provided, that such right is subject to the rights of the upper state to control, regulate,

and use the water apportioned to and appropriated by it; and provided further, that

should an upper state elect, it may share in the use of any such facilities constructed

by a lower state to the extent of its reasonable needs upon assuming or guaranteeing

payment of its proportionate share of the cost of the construction, operation, and

maintenance. This provision shall apply with equal force and effect to an upper state in

the circumstances of the necessity of the acquisition of rights by an upper state in a

lower state.

B. Each claim hereafter initiated for an appropriation of water in one signatory state for

use in another signatory state shall be filed in the office of the state engineer of the

signatory state in which the water is to be diverted, and a duplicate copy of the

application or notice shall be filed in the office of the state engineer of the signatory

state in which the water is to be used.

C. Appropriations may hereafter be adjudicated in the state in which the water is diverted,

and where a portion or all of the lands irrigated are in another signatory state, such

adjudications shall be confirmed in that state by the proper authority. Each adjudication

is to conform with the laws of the state where the water is diverted and shall be

recorded in the county and state where the water is used.

D. The use of water allocated under article V of this compact for projects constructed

after the date of this compact by the United States of America or any of its agencies or

instrumentalities, shall be charged as a use by the state in which the use is made:

Provided, that such use incident to the diversion, impounding, or conveyance of water

in one state for use in another shall be charged to such latter state.

ARTICLE VIII

A lower signatory state shall have the right to acquire in an upper state by purchase, or

through exercise of the power of eminent domain, such lands, easements, and rights of way for

the construction, operation, and maintenance of pumping plants, storage reservoirs, canals,

conduits, and appurtenant works as may be required for the enjoyment of the privileges granted

herein to such lower state. This provision shall apply with equal force and effect to an upper

state in the circumstance of the necessity of the acquisition of rights by an upper state in a lower

state.

ARTICLE IX

Should any facilities be constructed by a lower signatory state in an upper signatory state

under the provisions of article VII, the construction, operation, repairs, and replacements of such

facilities shall be subject to the laws of the upper state. This provision shall apply with equal

force and effect to an upper state in the circumstance of the necessity of the acquisition of rights

by an upper state in a lower state.

ARTICLE X

No water shall be diverted from the Yellowstone River basin without the unanimous consent

of all the signatory states. In the event water from another river basin shall be imported into the

Yellowstone River basin or transferred from one tributary basin to another by the United States

of America, Montana, North Dakota, or Wyoming, or any of them jointly, the state having the

right to the use of such water shall be given proper credit therefor in determining its share of the

water apportioned in accordance with article V herein.

ARTICLE XI

The provisions of this compact shall remain in full force and effect until amended in the

same manner as it is required to be ratified to become operative as provided in article XV.

ARTICLE XII

This compact may be terminated at any time by unanimous consent of the signatory states,

and upon such termination all rights then established hereunder shall continue unimpaired.

ARTICLE XIII

Nothing in this compact shall be construed to limit or prevent any state from instituting or

maintaining any action or proceeding, legal or equitable, in any federal court or the United

States Supreme Court, for the protection of any right under this compact or the enforcement of

any of its provisions.

ARTICLE XIV

The physical and other conditions characteristic of the Yellowstone River and peculiar to the

territory drained and served thereby and to the development thereof, have actuated the

signatory states in the consummation of this compact, and none of them, nor the United States

of America by its consent and approval, concedes thereby the establishment of any general

principle or precedent with respect to other interstate streams.

ARTICLE XV

This compact shall become operative when approved by the legislature of each of the

signatory states and consented to and approved by the Congress of the United States.

ARTICLE XVI

Nothing in this compact shall be deemed:

(a) To impair or affect the sovereignty or jurisdiction of the United States of America in or

over the area of waters affected by such compact, any rights or powers of the United

States of America, its agencies, or instrumentalities, in and to the use of the waters of

the Yellowstone River basin nor its capacity to acquire rights in and to the use of said

waters;

(b) To subject any property of the United States of America, its agencies, or

instrumentalities to taxation by any state or subdivision thereof, nor to create an

obligation on the part of the United States of America, its agencies, or

instrumentalities, by reason of the acquisition, construction, or operation of any

property or works of whatsoever kind, to make any payments to any state or political

subdivision thereof, state agency, municipality, or entity whatsoever in reimbursement

for the loss of taxes; and

(c) To subject any property of the United States of America, its agencies, or

instrumentalities, to the laws of any state to an extent other than the extent to which

these laws would apply without regard to the compact.

ARTICLE XVII

Should a court of competent jurisdiction hold any part of this compact to be contrary to the

constitution of any signatory state or of the United States of America, all other severable

provisions of this compact shall continue in full force and effect.

ARTICLE XVIII

No sentence, phrase, or clause in this compact or in any provision thereof, shall be

construed or interpreted to divest any signatory state or any of the agencies or officers of such

states of the jurisdiction of the water of each state as apportioned in this compact.

In Witness Whereof the commissioners have signed this compact in quadruplicate original,

one of which shall be filed in the archives of the department of state of the United States of

America and shall be deemed the authoritative original, and of which a duly certified copy shall

be forwarded to the governor of each signatory state.

Done at the city of Billings in the state of Montana, this 8th day of December, in the year of

our Lord, one thousand nine hundred and fifty.

Commissioners for the state of Montana:

Fred E. Buck, A. W. Bradshaw, H. W. Bunston, John Herzog, John M. Jarussi, Ashton Jones,

Chris Josephson, A. Wallace Kingsbury, P. F. Leonard, Walter M. McLaughlin, Dave M.

Manning, Joseph Muggli, Chester E. Onstad, Ed F. Parriott, R. R. Renne, Keith W. Trout.

Commissioners for the state of North Dakota:

I. A. Acker, Einar H. Dahl, J. J. Walsh.

Commissioners for the state of Wyoming:

L. C. Bishop, Earl T. Bower, J. Harold Cash, Ben F. Cochrane, Ernest J. Goppert, Richard L.

Greene, E. C. Gwillim, E. J. Johnson, Lee E. Keith, N. V. Kurtz, Harry L. Littlefield,

R. E. McNally, Will G. Metz, Mark M. Partridge, Alonzo R. Shreve, Charles M. Smith, Leonard F.

Thornton, M. B. Walker.

"I have participated in the negotiation of this compact and intend to report favorably thereon

to the Congress of the United States.

R. J. Newell,

Representative of the United States of America"
N.D. Cent. Code § 61-05-02 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-02
61-05-02. Proposals for irrigation district - Electors required
Status: in_force

61-05-02. Proposals for irrigation district - Electors required

Whenever a majority of the electors within an area containing eighty acres [32.37 hectares]

or more of land, susceptible of irrigation, desire to provide for the irrigation of such land, they

may propose the organization of an irrigation district under the provisions of this chapter. When

so organized, the district shall have the powers conferred or that may be conferred by law upon

irrigation districts. No district, when so organized, shall contain less than five electors, as the

term elector is defined in this chapter. Where irrigation works, ditches, or canals have been

constructed prior to July 1, 1941, of sufficient capacity to irrigate the lands thereunder for which

the water taken in such canals or ditches is appropriated, such canals or ditches and the

franchises under which the same are maintained and operated, and the lands irrigated by such

canals or ditches, shall be exempt from the operation of the provisions of this chapter, unless

such irrigation district is created to acquire and own such irrigation works, canals, ditches, water

rights, and franchises.
N.D. Cent. Code § 61-37-12 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-12
61-37-12. Personal liability - Purchase of bonds - Bonds as legal investments - Security
Status: in_force

61-37-12. Personal liability - Purchase of bonds - Bonds as legal investments -

Security.

1. Neither a member of the commission nor any person executing bonds issued under

this chapter is liable personally on any bonds by reason of the issuance of those

bonds.

2. The program has the power to purchase bonds of the program out of any available

funds or moneys of the program. The program may hold, cancel, or resell bonds or

notes, subject to any agreements with holders of its bonds.

3. Notwithstanding any other law, the state and all public officers, boards, and agencies,

and political subdivisions and agencies of the state, all national banking associations,

state banks, trust companies, savings banks and institutions, savings and loan

associations, investment companies, and other persons carrying on a banking

business, and all executors, administrators, guardians, trustees, and other fiduciaries

may legally invest any sinking funds, moneys, or other funds belonging to them or

within their control in any bonds issued by the program pursuant to this chapter.

4. The bonds are authorized security for any and all public deposits.
N.D. Cent. Code § 61-29-01 — ND Code / Title 61 / Chapter 61-29 / Section 61-29-01
61-29-01. Short title
Status: in_force

61-29-01. Short title

This chapter may be cited as the Little Missouri State Scenic River Act.
N.D. Cent. Code § 61-02.1-01 — ND Code / Title 61 / Chapter 61-02.1 / Section 61-02.1-01
61-02.1-01. Legislative findings and intent - Authority to issue bonds
Status: in_force

61-02.1-01. Legislative findings and intent - Authority to issue bonds

1. The legislative assembly finds that some cities suffered serious economic and social

injuries due to the major flood disaster in 1997 and other recent floods and are at

significant risk for future flooding; that construction of flood control or reduction

projects is necessary for the protection of health, property, and enterprises and for the

promotion of prosperity and the general welfare of the people of the state; and that

construction of any such projects involves and requires the exercise of the sovereign

powers of the state and concerns a public purpose. It is necessary and in the public

interest the state by and through the state water commission assist in financing the

costs of constructing flood control or reduction projects through the issuance of bonds.

2. The legislative assembly finds continued construction of the southwest pipeline project

is necessary for the protection of health, property, and enterprises and for the

promotion of prosperity and the general welfare of the people of the state, involves and

requires the exercise of the sovereign powers of the state, and concerns a public

purpose. The legislative assembly also finds current funding for the southwest pipeline

project has become uncertain, and it is necessary and in the public interest the state

by and through the state water commission assist in financing the costs of continued

construction of the southwest pipeline project through the issuance of bonds.

3. The legislative assembly finds the Devils Lake basin is suffering and facing a

worsening flood disaster; construction of an outlet from Devils Lake is necessary for

the protection of health, property, and enterprises and for the promotion of prosperity

and the general welfare of the people of the state; and construction of the outlet

involves and requires the exercise of the sovereign powers of the state and concerns a

public purpose. It is necessary and in the public interest an outlet from Devils Lake be

constructed with financing from the state water commission to provide flood relief to

the Devils Lake basin.

4. The legislative assembly finds there is a critical need to develop a comprehensive

statewide water development program to serve the long-term water resource needs of

the state and its people and to protect the state's current usage of, and the state's

claim to, its proper share of Missouri River water.

5. In furtherance of the public purpose set forth in subsection 1, the state water

commission may issue bonds under chapter 61-02, and the proceeds are appropriated

for flood control projects authorized and funded in part by the federal government and

designed to provide permanent flood control or reduction to cities that suffered severe

damages as a result of the 1997 flood or other recent floods and to repay the line of

credit extended to the state water commission under S.L. 1999, ch. 535, § 4. The

commission may issue bonds for a flood control or reduction project only:

a. When:

(1) A flood control or reduction project involves a city that suffered catastrophic

flood damage requiring evacuation of the major share of its populace;

(2) A flood control or reduction project includes interstate features and requires

acquisition of private property to build permanent flood protection systems to

comply with federal flood protection standards;

(3) The governing body of a city provides a written certification to the state

water commission that the city has committed itself to contribute one-half or

more of the North Dakota project sponsor's share of the nonfederal share of

the cost to construct the project;

(4) The United States army corps of engineers issues its approval of the flood

control or reduction project;

(5) A project cooperation agreement, which contains provisions acceptable to

the department of water resources and is approved by the governor, is

entered by the state of Minnesota or one of its political subdivisions in which

the flood control or reduction project is to be constructed;

(6) A project cooperation agreement, which contains provisions acceptable to

the department of water resources and is approved by the governor, is

entered by the state or one of its political subdivisions in which the flood

control or reduction project is to be constructed;

(7) The governing body of the city has approved a financing plan for all

amounts of the nonfederal share of a flood control or reduction project in

excess of the amounts to be paid by the state; and

(8) The flood control or reduction project is designed to be cost-effective, and

any impact on residential neighborhoods is minimized in an amount

reasonably practicable as determined by the department of water resources

and approved by the governor;

b. When a flood control or reduction project in a city with a population as of the 1990

federal decennial census of at least eight thousand and not more than ten

thousand has received significant federal funding through federal grants and

funds from the United States army corps of engineers and the federal emergency

management agency; or

c. When a flood control or reduction project in a city with a population as of the 1990

federal decennial census of at least four thousand five hundred and not more

than six thousand has at least seventy percent of the land within the boundaries

of the city located within the one hundred year floodplain as designated on a flood

insurance rate map and the United States army corps of engineers issues its

approval of the flood control or reduction project.

6. In furtherance of the public purpose set forth in subsection 2, the state water

commission may issue bonds under chapter 61-02, and the proceeds are appropriated

for construction of the southwest pipeline project and to repay the line of credit

extended to the state water commission under S.L. 1999, ch. 535, § 4. The

commission may issue bonds under this chapter for continued construction of the

southwest pipeline project only when it is determined the Perkins County water system

will not make payment to the state water commission in the amount of four million five

hundred thousand dollars or on January 1, 2000, whichever occurs earlier. If the

Perkins County water system makes payment to the state water commission after

January 1, 2000, the payment must be used to pay principal and interest on bonds

issued for continued construction of the southwest pipeline project as provided in

subsection 2 of section 61-02.1-04. If the Perkins County water system does not make

payment to the state water commission, no benefits may accrue to the Perkins County

water system.

7. In furtherance of the public purposes set forth in subsections 3 and 4, the state water

commission may issue bonds under chapter 61-02 to finance the cost of one or more

of the projects identified in this section.

8. This chapter does not affect the state water commission's authority to otherwise issue

bonds pursuant to chapter 61-02 or section 61-24.3-01.

9. Notwithstanding this section, the state water commission may not issue bonds

authorized under subsection 5 for a project unless federal funds have been

appropriated for that project.
N.D. Cent. Code § 61-04-16 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-16
61-04-16. Referee or referees appointed in water suits - Duties
Status: repealed

61-04-16. Referee or referees appointed in water suits - Duties

Repealed by S.L. 1977, ch. 569, § 27.
N.D. Cent. Code § 61-10-29 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-29
61-10-29. Ordering of election - Notice - Conduct
Status: in_force

61-10-29. Ordering of election - Notice - Conduct

The board shall fix the time when such election shall be held. Notice of such election,

describing the lands proposed for inclusion in the district, shall be given in the manner provided

for a regular election of the district. Such election shall be held and conducted, the ballots

counted, and the results of the election determined and declared in the same manner as a

regular election of the district. The ballots at such election shall contain substantially the

following words: "For inclusion of lands in the district" and the words "against inclusion of lands

in the district". In case a contract obligating the district has been entered into between the

district and the United States, or with any department or agency thereof, or with the state, or any

department or political division thereof, no change shall be made in the area embraced within

the district unless a duly authorized agent of the holder of any such contract has consented

thereto in writing and until such consent has been filed with the board of directors.
N.D. Cent. Code § 61-03-01.1 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-01.1
61-03-01.1. Department of water resources established - Appointment and salary of director
Status: in_force

61-03-01.1. Department of water resources established - Appointment and salary of

director.

The department of water resources is established and is the primary state water agency.

The governor shall appoint a director of the department subject to approval by a majority of the

members of the state water commission. The director may not engage in any other occupation

or business that may conflict with the statutory duties of the director. The position of director of

the department is not a classified position, and the state water commission shall set the salary

of the director within the limits of legislative appropriations.
N.D. Cent. Code § 61-40-05.1 — ND Code / Title 61 / Chapter 61-40 / Section 61-40-05.1
61-40-05.1. Revenue bonds and bonds exempt from taxation
Status: in_force

61-40-05.1. Revenue bonds and bonds exempt from taxation

1. The authority shall have the power and authority to issue revenue bonds, to include

refunding bonds, for the purpose of financing construction of projects and incidental

facilities authorized by this chapter. Revenue bonds issued under this section must be

issued as provided in chapter 61-35, and are not subject to section 61-35-15.

2. Issuance of revenue bonds must be approved by a majority of the members of the

board of directors of the authority.

3. The authority shall pledge sufficient revenue from any revenue-producing facility or

other revenue sources, excluding industrial water sales, for the payment of principal

and interest on the bonds and shall establish rates for the facilities at a sufficient level,

together with any other available funds, to provide for the operation of the facilities and

for the bond payments in the manner provided by section 61-40-11.

4. Revenue bonds may not be a general obligation of any participating member entity or

the state and may not be secured by property taxes.

5. The revenue bonds may be issued and sold at public or private sale on the terms and

conditions determined by the board of directors.

6. Bonds issued under this section and their income are exempt from taxation by the

state.
N.D. Cent. Code § 61-33-01 — ND Code / Title 61 / Chapter 61-33 / Section 61-33-01
61-33-01. Definitions
Status: in_force

61-33-01. Definitions

As used in this chapter, unless the context otherwise requires:

1. "Board" means the sovereign lands advisory board.

2. "Board of university and school lands" means that entity created by section 15-01-01.

3. "Navigable waters" means waters that were in fact navigable at the time of statehood,

and that are used, were used, or were susceptible of being used in their ordinary

condition as highways for commerce over which trade and travel were or may have

been conducted in the customary modes of trade on water.

4. "Ordinary high water mark" means that line below which the presence and action of

the water upon the land is continuous enough so as to prevent the growth of terrestrial

vegetation, destroy its value for agricultural purposes by preventing the growth of what

may be termed an ordinary agricultural crop, including hay, or restrict its growth to

predominantly aquatic species.

5. "Sovereign lands" means those areas, including beds and islands, lying within the

ordinary high water mark of navigable lakes and streams. Lands established to be

riparian accretion or reliction lands pursuant to section 47-06-05 are considered to be

above the ordinary high water mark and are not sovereign lands.
N.D. Cent. Code § 61-04-23 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-23
61-04-23. Cancellation of water rights - Inspection of works
Status: in_force

61-04-23. Cancellation of water rights - Inspection of works

Any appropriation of water must be for a beneficial use, and when the appropriator fails to

apply it to the beneficial use cited in the permit or ceases to use it for the beneficial use cited in

the permit for three successive years, unless the failure or cessation of use has been due to the

unavailability of water, a justifiable inability to complete the works, or other good and sufficient

cause, the department of water resources may cancel the water permit or right. For purposes of

this chapter, an incorporated municipality or rural water system has good and sufficient cause

excusing the failure to use a water permit, if the water permit reasonably may be necessary for

the future water requirements of the municipality or the rural water system. The department of

water resources, as often as necessary, shall examine the condition of all works constructed or

partially constructed within the state and compile information concerning the condition of every

water permit or right and all ditches and other works constructed or partially constructed under

the permit or right.
N.D. Cent. Code § 61-28.1-11 — ND Code / Title 61 / Chapter 61-28.1 / Section 61-28.1-11
61-28.1-11. Drinking water treatment revolving loan fund - Purposes - Establishment
Status: in_force

61-28.1-11. Drinking water treatment revolving loan fund - Purposes - Establishment

To coordinate funding for public water systems in North Dakota, there is established a

drinking water treatment revolving loan fund to be administered by the department. The loan

fund is also authorized under section 1452(a) of the federal Safe Drinking Water Act, as

amended. Grants from the federal government or its agencies, including the United States

environmental protection agency, allotted to the state for the capitalization of the drinking water

treatment revolving loan fund, and required state matching funds must be deposited in the

drinking water treatment revolving loan fund in compliance with the terms of the grants. The

principal of the grants must be available in perpetuity for providing financial assistance as

allowed under the Safe Drinking Water Act. To the extent amounts in the revolving loan fund are

not required for current obligations or expenditures, these amounts must be invested in

interest-bearing obligations.
N.D. Cent. Code § 61-16-34 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-34
61-16-34. Refunding special assessment warrants - Purposes for which such warrants may be issued - Payment of warrants
Status: repealed

61-16-34. Refunding special assessment warrants - Purposes for which such

warrants may be issued - Payment of warrants.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-06-16 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-16
61-06-16. Canvass of ballots - Delivery of materials to directors
Status: in_force

61-06-16. Canvass of ballots - Delivery of materials to directors

Immediately after five p.m. on the day of the election, the election board publicly shall open

and canvass the ballots cast and shall declare the result of the canvass. A mail ballot may be

counted only if the ballot is returned in the return identification envelope and is signed by the

elector. The chairman shall wrap securely all lists, tally sheets, oaths and affirmations, and other

documents relating to the progress of the election and shall deliver the same to the secretary of

the board of directors of the district.
N.D. Cent. Code § 61-01-17 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-17
61-01-17. Lawful to boom logs in navigable rivers
Status: in_force

61-01-17. Lawful to boom logs in navigable rivers

Any person, having logs or lumber in any stream navigable for watercraft in this state, may

boom such logs or lumber along the shore, and shall secure the boom by means of piles driven

in the stream, or by chains, ropes, timber, or traverse poles made fast at points along the shore.

There shall be sufficient channel left clear at all times for the free passage of any craft usually

navigating such stream.
N.D. Cent. Code § 61-16.1-31 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-31
61-16.1-31. Foreclosure of tax lien on property when general and special assessment taxes are delinquent
Status: in_force

61-16.1-31. Foreclosure of tax lien on property when general and special assessment

taxes are delinquent.

Special assessments imposed under this chapter shall become due and delinquent and

shall be subject to penalties and nonpayment at the same date and rates as first installments of

real estate taxes at the same time and in the same manner as provided in title 57.

If there is no delinquent general property tax against a tract or parcel of land and it is

foreclosed for special assessments alone, the notice of foreclosure of tax lien shall state that the

foreclosure is for special assessments and a tax deed in such case shall be issued in the usual

course of procedure.
N.D. Cent. Code § 61-26-02 — ND Code / Title 61 / Chapter 61-26 / Section 61-26-02
61-26-02. Hearing on joint drain
Status: in_force

61-26-02. Hearing on joint drain

Upon receipt of an application, the board of drain commissioners shall call and give notice

of a public hearing, in the manner provided for hearing on a petition to establish a drain, and at

such hearing shall receive all evidence and opinions offered for or against the application or of

suggested modifications. After such hearing the board of drain commissioners and the

governing body of the city or board of commissioners of the water resource district, whichever

the case may be, may enter into an agreement for the joint use of such drain setting forth in

such agreement the extent, conditions, and nature of permitted use and action, the amount of

payment to be made as proportionate share of original cost, and the amount or percentage of

costs of future maintenance to be paid by the city or water resource district.
N.D. Cent. Code § 61-04.1-34 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-34
61-04.1-34. Performance bond, cash, or negotiable securities required
Status: in_force

61-04.1-34. Performance bond, cash, or negotiable securities required

Before the department of water resources contracts with any controller, the department shall

require the controller to furnish a surety bond or cash or negotiable securities for the faithful

performance of the contract in such amount as determined by the department, conditioned that

the licensee and the licensee's agents will in all respects faithfully perform all weather

modification contracts undertaken with the department and will comply with all provisions of this

chapter and the contract entered by the department and the licensee.
N.D. Cent. Code § 61-16.2-12 — ND Code / Title 61 / Chapter 61-16.2 / Section 61-16.2-12
61-16.2-12. State property
Status: in_force

61-16.2-12. State property

Notwithstanding any other statute or regulation, all state property and structures on state

property are subject to the provisions of this chapter and any ordinances adopted under this

chapter or the national flood insurance program [42 U.S.C. 4001 et seq.]. The appropriate state

agency or entity having an interest in state property and state structures shall notify the

department when state property or structures are constructed within a special flood hazard area

designated by the federal emergency management agency.
N.D. Cent. Code § 61-39-01 — ND Code / Title 61 / Chapter 61-39 / Section 61-39-01
61-39-01. Findings and declaration of policy
Status: in_force

61-39-01. Findings and declaration of policy

The legislative assembly declares many areas and localities in eastern and central North

Dakota do not enjoy adequate quantities of high-quality drinking water; other areas and

localities in eastern and central North Dakota do not have sufficient quantities of water to ensure

a dependable, long-term supply; greater economic security and the protection of health and

property benefits the land and water resources of this state; and the promotion of the prosperity

and general welfare of all of the people of this state depend on the effective development and

utilization of the land and water resources of this state and requires the exercise of the

sovereign powers of this state and concern a public purpose. To accomplish this public purpose,

a water authority is needed to store and distribute water to eastern and central North Dakota to

provide for the supply and distribution of water to the people of eastern and central North

Dakota for purposes, including domestic, rural water, municipal, livestock, industrial, and other

uses, with primary emphasis on domestic, rural water, and municipal uses; and provide for the

future economic welfare and prosperity of the people of this state, and particularly the people of

eastern and central North Dakota, by the bulk purchase of water from the Garrison Diversion

Conservancy District delivered by the Red River valley water supply project for beneficial and

public uses. The Garrison Diversion Conservancy District may acquire, construct, and improve

the Red River valley water supply project and may enter water supply contracts with member

cities and water districts for the sale of water for consumption within or outside the district or the

state, including with Canada. Alternatively, the Lake Agassiz water authority may enter one or

more contracts to provide for the authority to acquire bulk water from the Garrison Diversion

Conservancy District and may enter water supply contracts with member cities and water

districts for the resale of this water for consumption within or outside the state.

The legislative assembly acknowledges North Dakota and Minnesota communities jointly

use the Red River as a water resource. It is in the best interest of eastern North Dakota also to

study and possibly provide for the water needs of those Minnesota communities through a

Red River valley water supply project, particularly if that project maintains the use of the

Red River for North Dakota communities.

In furtherance of this public purpose, the state water commission may provide for the

issuance of bonds in accordance with chapter 61-02 to finance the costs of any project to

deliver water to eastern and central North Dakota or utilize other financing as addressed in this

chapter. This chapter does not abrogate or limit the rights, powers, duties, and functions of the

state water commission or department of water resources, but is supplementary to those rights,

powers, duties, and functions.
N.D. Cent. Code § 61-10-09 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-09
61-10-09. Result of election - Duty of board
Status: repealed

61-10-09. Result of election - Duty of board

Repealed by S.L. 1959, ch. 410, § 15.
N.D. Cent. Code § 61-02-30 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-30
61-02-30. Commission acquiring water rights and administering provisions of chapter - Declaration of intention
Status: in_force

61-02-30. Commission acquiring water rights and administering provisions of

chapter - Declaration of intention.

In acquiring the rights and administering the terms of this chapter, the commission may

initiate a right to waters of this state by executing a declaration in writing of the intention to store,

divert, or control the unappropriated waters of a particular body, stream, basin, or source,

designating and describing in general terms the waters claimed, means of appropriation, and

location of proposed use, and shall cause the declaration to be filed in the department of water

resources. The department shall issue a conditional water permit to the commission consistent

with the terms of the declaration of intention, which vests in the commission on the date of the

filing of the declaration. The commission also shall file in the department copies of the

commission's plans and specifications involved in completing any project for the appropriation of

water which the commission intends to construct. Except as provided by this section, water

rights must be acquired by any person, association, firm, corporation, limited liability company,

municipality, or state or federal agency, department, or political subdivision in the manner

provided by chapter 61-04.
N.D. Cent. Code § 61-35-52 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-52
61-35-52. Improvement districts to be created
Status: in_force

61-35-52. Improvement districts to be created

For an improvement project under section 61-35-48 and defraying the cost of the project by

special assessments, a district may create water districts, sewer districts, and water and sewer

districts, and may extend any such district when necessary. The appropriate special

improvement district must be created by resolution. The district must be designated by a name

appropriate to the type of improvement for which it is created and by a number distinguishing it

from other improvement districts. Nothing in this chapter prevents a district from making and

financing any improvement and levying special assessments for the improvement under any

alternate procedure in this title. For examinations or surveys, the board or its employees, after

written notice to each landowner, may enter upon any land on which the proposed project is

located or any other lands necessary to gain access.
N.D. Cent. Code § 61-02-68.19 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.19
61-02-68.19. Interim financing notes, guarantees, or bonds for municipal, rural, and industrial water supply projects - Public interest
Status: in_force

61-02-68.19. Interim financing notes, guarantees, or bonds for municipal, rural, and

industrial water supply projects - Public interest.

Guarantees made under section 61-02-68.14 or bonds or interim notes issued under this

chapter for the purpose of providing construction period financing for owners of water projects

eligible to receive municipal, rural, and industrial water supply funds pursuant to Pub. L. 99-294

[100 Stat. 418] are in the public interest and are not subject to the limitation contained in

subsection 2 of section 61-02-46.
N.D. Cent. Code § 61-08-07 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-07
61-08-07. Bonds - Rate of interest
Status: in_force

61-08-07. Bonds - Rate of interest

Every bond provided for in this chapter must be a negotiable instrument and must bear

interest at a rate or rates resulting in an average annual net interest rate which must not exceed

twelve percent per annum if the bonds are sold at private sale. There is no interest rate ceiling

on bonds sold at public sale or to the state of North Dakota or any of its agencies or

instrumentalities. Each bond must specify the time and place of payment of the principal.
N.D. Cent. Code § 61-02-71 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-71
61-02-71. Commission may accept and receive appropriations and contributions
Status: in_force

61-02-71. Commission may accept and receive appropriations and contributions

The commission may receive and accept appropriations and contributions from any source,

either of money or property or things of value, to be held, used, and applied for the purposes

provided for in this chapter.
N.D. Cent. Code § 61-16-42 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-42
61-16-42. How district may be dissolved or land excluded therefrom
Status: repealed

61-16-42. How district may be dissolved or land excluded therefrom

Repealed by S.L. 1973, ch. 500, § 13.
N.D. Cent. Code § 61-04-04.3 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-04.3
61-04-04.3. Rejection of applications
Status: in_force

61-04-04.3. Rejection of applications

If the department of water resources determines a conditional water permit application does

not meet this chapter's requirements or the rules in North Dakota Administrative Code article

89-03, the department shall reject the application and decline to order the publication of notice

of application.
N.D. Cent. Code § 61-24.5-13 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-13
61-24.5-13. County auditors to extend tax levy
Status: in_force

61-24.5-13. County auditors to extend tax levy

The county auditor of each county within the authority, to whom a mill levy is certified in

accordance with this chapter, shall extend the levy upon the tax lists for the current year against

each description of real property and all personal property within the county in the same manner

and with the same effect as other taxes are extended.
N.D. Cent. Code § 61-16.1-35 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-35
61-16.1-35. Warrants may be used in making payments on contract - Warrants payable out of fund on which drawn - May be used to pay special assessments
Status: in_force

61-16.1-35. Warrants may be used in making payments on contract - Warrants

payable out of fund on which drawn - May be used to pay special assessments.

Improvement warrants may be used in making payments on contracts for construction of

the project for which the special assessment fund was created, or may be sold for cash at not

less than ninety-eight percent of par and accrued interest, and the proceeds thereof, less

accrued interest, shall be credited to the construction account of such fund and shall be used

exclusively to pay such contracts and construction costs. Any balance remaining in any

construction account after completion of a project shall be transferred to the sinking fund

account of the assessment fund. The treasurer of the district shall pay special assessment

warrants and any interest coupons attached thereto as they mature and are presented for

payment out of the fund on which they are drawn and shall cancel the warrants and any

coupons when paid.
N.D. Cent. Code § 61-24.8-40 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-40
61-24.8-40. Foreclosure of tax lien on property when general and special assessment taxes are delinquent
Status: in_force

61-24.8-40. Foreclosure of tax lien on property when general and special assessment

taxes are delinquent.

Special assessments imposed under this chapter become due and delinquent and are

subject to penalties for nonpayment at the same date and rates as first installments of real

estate taxes at the same time and in the same manner as provided in title 57. If there is no

delinquent general property tax against a tract or parcel of land and it is foreclosed for special

assessments alone, the notice of foreclosure of tax lien must state that the foreclosure is for

special assessments and a tax deed in such case must be issued in the usual course of

procedure.
N.D. Cent. Code § 61-02-49 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-49
61-02-49. Officers whose names are on bonds ceasing to be officers before delivery of bonds - Validity of bonds
Status: in_force

61-02-49. Officers whose names are on bonds ceasing to be officers before delivery

of bonds - Validity of bonds.

In case any of the officers whose signatures appear on the bonds or coupons provided for in

this chapter shall cease to be such officers before the delivery of such bonds, such signatures

nevertheless shall be valid and sufficient for all purposes, the same as if such officers had

remained in office until such delivery.
N.D. Cent. Code § 61-02-56 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-56
61-02-56. Bond guaranty or insurance - Method
Status: in_force

61-02-56. Bond guaranty or insurance - Method

Whenever the commission shall find it necessary to insure or guarantee the payment of all

or a part of the principal or interest of any series of bonds, it may enter into an agreement to

place under trust indenture or agree to deposit in a trust fund moneys now or hereafter

appropriated, to guarantee and insure the payment of the interest on and principal of the bonds.

From and with moneys thus appropriated, the commission may guarantee or insure, or agree to

pay, or pay the interest on and principal of the bonds. The appropriation of such funds, and the

use thereof by the commission to guarantee or insure the payment of any of its bonds, shall not

be construed to be pledging the credit of the state of North Dakota nor the guaranteeing by the

state of any bonds. The commission may also enter into an agreement with a private bond

insurer or with a bank or other credit enhancement provider for bond insurance, a guaranty, a

letter of credit, or any other credit enhancement that the commission may find to be

advantageous or necessary to insure or guarantee the payment of the interest on or the

principal of the bonds. The cost of any credit enhancement may be paid with bond proceeds or

other funds available for that purpose.
N.D. Cent. Code § 61-39-16 — ND Code / Title 61 / Chapter 61-39 / Section 61-39-16
61-39-16. Project - Definition
Status: in_force

61-39-16. Project - Definition

As used in this chapter, unless the context otherwise requires, the term "project" means

either a system, plant, works, instrumentality, or property used to provide water supply in

connection with the state or federal Red River valley water supply project, or a contract for the

purchase of water, including a contract for the bulk purchase of water from the Garrison

Diversion Conservancy District delivered by means of a state or federal Red River valley water

supply project.
N.D. Cent. Code § 61-03-16 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-16
61-03-16. Suit for adjudication of water rights
Status: in_force

61-03-16. Suit for adjudication of water rights

Upon the completion of a hydrographic survey of any stream system, the department shall

deliver a copy of the survey and all data necessary for the determination of all rights to the use

of the waters of the system to the attorney general, who, within sixty days, shall enter suit on

behalf of the state for the determination of all rights to the use of the water and proceed with the

litigation until a final adjudication of the rights. If private parties initiated the suit, the attorney

general shall intervene in the suit if the department notifies the attorney general intervening is

necessary to protect the interests of the state.
N.D. Cent. Code § 61-07-18 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-18
61-07-18. Duty of board to provide water supply
Status: in_force

61-07-18. Duty of board to provide water supply

When the water supply of an irrigation district can be applied beneficially to the lands in the

district, the board shall keep the waters flowing through the irrigation works under its control to

the full capacity of the irrigation works in times of sufficient water supply but without interfering

with the rights of senior appropriators.
N.D. Cent. Code § 61-02-24.2 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-24.2
61-02-24.2. Payments in lieu of real estate taxes
Status: in_force

61-02-24.2. Payments in lieu of real estate taxes

For land acquired for the Devils Lake project, the state water commission shall make

payments in lieu of real estate taxes to the counties in which the property is located in the same

manner and according to the same conditions and procedures as provided in chapter 57-02.1

for payments in lieu of real estate taxes by the state game and fish department.
N.D. Cent. Code § 61-01-13 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-13
61-01-13. Fouling public waters with dead animals or other refuse - Penalty
Status: repealed

61-01-13. Fouling public waters with dead animals or other refuse - Penalty

Repealed by S.L. 1975, ch. 106, § 673; 1975, ch. 568, § 1.
N.D. Cent. Code § 61-04-15.3 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-15.3
61-04-15.3. Transfer of approved irrigated acreage
Status: in_force

61-04-15.3. Transfer of approved irrigated acreage

A permitholder may transfer acres approved for irrigation on a conditional or perfected water

permit to any tract of land owned or leased by the permitholder without affecting the priority

date, if approved by the department of water resources. The department shall cause the water

permit involved to be simultaneously severed and transferred from the land.
N.D. Cent. Code § 61-16-23 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-23
61-16-23. Resolution of board to include provision for protesting and refusing authority to make general tax levy in certain cases - Election to be held
Status: repealed

61-16-23. Resolution of board to include provision for protesting and refusing

authority to make general tax levy in certain cases - Election to be held.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-16.1-28 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-28
61-16.1-28. Certification of assessments to county auditor
Status: in_force

61-16.1-28. Certification of assessments to county auditor

When a water resource board, by resolution, has caused special assessments to be levied

to cover the cost of constructing a project, the board shall determine the rate of interest unpaid

special assessments must bear. The interest rate may not exceed one and one-half percent

above the warrant rate. Interest on unpaid special assessments must commence on the date

the assessments are confirmed finally by the board. Special assessments may be certified and

made payable in equal annual installments, the last of which must be due and payable not more

than thirty years after the date of the warrants to be paid. The secretary of the district shall

certify to the county auditor of the county in which the district is situated, or if the district

embraces more than one county, to the county auditor of each county in which district lands

subject to the special assessments are situated, the total amount assessed against lands in that

county and the proportion or percentage of the amount assessed against each piece, parcel, lot,

or tract of land. The secretary of the district also shall file with the county auditor of each county

in which district lands lie a statement showing the cost of the project, the part of the cost, if any,

to be paid out of the general taxes, and the part to be financed by special assessments. Funds

needed to pay the cost of maintaining a project may be raised in the same manner as funds

were raised to meet construction costs. If the project was financed in whole or in part through

the use of special assessments, the water resource board shall prorate the costs of maintaining

the project in the same proportion as the original costs of construction or, in the event a

reassessment of benefits has been adopted, the board shall prorate costs in accordance with

the reassessment of benefits.
N.D. Cent. Code § 61-37-09 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-09
61-37-09. Pledges
Status: in_force

61-37-09. Pledges

Any pledge of revenue made by the commission as security for a program guarantee or

program bonds is valid and binding from the time when the pledge is made. The revenues or

other moneys so pledged and thereafter received by the program are immediately subject to the

lien of the pledge, without any physical delivery or further act, and the lien of any pledge is valid

and binding against all parties having claims of any kind against the program, regardless of

whether the parties have notice. Neither the resolution nor any other instrument by which a

pledge is created must be filed or recorded, except in the records of the program.
N.D. Cent. Code § 61-37-13 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-13
61-37-13. Tax exemptions - Exemption of property from execution sale
Status: in_force

61-37-13. Tax exemptions - Exemption of property from execution sale

1. All property of the program and all bonds issued under this chapter are deemed to be

serving essential public and governmental purposes and the property and the bonds

issued, their transfer and their income, including any profits made on their sale, are

exempt from all state, county, and municipal taxes.

2. All property of the program is exempt from levy and sale by virtue of an execution and

no execution or other judicial process may issue against the property, nor may any

judgment against the program be a charge or lien upon its property; provided, that

nothing contained in this chapter applies to or limits the rights of the holder of any

bonds to pursue any remedy for the enforcement of any pledge or lien given by the

program on its revenues. Any action or proceeding in any court to set aside a

resolution authorizing the issuance of bonds by the program under this chapter or to

obtain any relief upon the ground that a resolution is invalid must be commenced

within ten days after the adoption of that resolution by the commission. After the

expiration of that period of limitation, no claim for relief or defense founded upon the

invalidity of the resolution or any of its provisions may be asserted, nor may the validity

of the resolution or any of its provisions be open to question in any court on any

ground whatsoever.
N.D. Cent. Code § 61-40-07 — ND Code / Title 61 / Chapter 61-40 / Section 61-40-07
61-40-07. Easement granted for pipelines and appurtenant facilities on any public lands
Status: in_force

61-40-07. Easement granted for pipelines and appurtenant facilities on any public

lands.

In connection with the construction and development of the project, there is granted over all

the lands belonging to the state, including lands owned or acquired for highway right-of-way

purposes, a right of way for pipelines, connections, valves, and all other appurtenant facilities

constructed as part of the project. However, the plans of the authority with respect to the use of

right of way of roads must be approved by the director of the department of transportation and

the director of the department of water resources before the grant becomes effective.
N.D. Cent. Code § 61-10-30 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-30
61-10-30. Result of election - Duty of the board and secretary
Status: in_force

61-10-30. Result of election - Duty of the board and secretary

If a majority of the votes cast at the election are against the inclusion of the land described

in the resolution of the board of directors, the board shall deny the petition and may not proceed

in the matter. If a majority of the votes cast at the election are in favor of including the lands in

the district, the board shall issue its order setting forth the filing of the petition, the action of the

board on the petition, and the result of the election, and shall order the lands added to the

district. The order must describe the lands to be included in the district. A certified copy of the

order of the board must be filed with the department of water resources and the county auditor

of each county in which the included lands lie. A certified copy of the order also must be filed

and recorded in the office of the recorder in each such county.
N.D. Cent. Code § 61-09-02 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-02
61-09-02. District assessor to make list or prepare map to show apportionment of assessments - Filing
Status: in_force

61-09-02. District assessor to make list or prepare map to show apportionment of

assessments - Filing.

The assessor shall make, or cause to be made, a list showing the apportionment or

distribution of assessments with a description of each unit or tract of land assessed in the

district and the name of the record owner of each unit or tract. Alternatively, the assessor may

prepare a map on a convenient scale showing each unit or tract of land with the amount

per acre [.40 hectare] apportioned to the unit or tract. Where practicable, the units of land must

consist of governmental subdivisions of forty acres [16.19 hectares] or more. If all lands on the

statement or map are assessed at the same amount or rate per acre [.40 hectare], a general

statement to that effect is sufficient. A copy of the list or map must be filed in the office of the

county auditor of each county in which the district is situated, and another copy must be filed in

the department of water resources. One copy must remain in the office of the board for public

inspection.
N.D. Cent. Code § 61-12-33 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-33
61-12-33. New proceedings - When
Status: in_force

61-12-33. New proceedings - When

If any proceedings for the location, establishment, or construction of any project under the

provisions of this chapter have been, or hereafter shall be, enjoined, vacated, set aside,

declared void, or voluntarily abandoned by the board of flood irrigation in consequence of any

error, irregularity, or want of jurisdiction affecting the validity of such proceedings, and if any

warrants shall have been issued in connection with such invalid or abandoned proceedings, the

board of flood irrigation nevertheless may proceed under the provisions of this chapter to locate,

establish, and construct the project under the name and in the location specified in the invalid or

abandoned proceedings, or under a different name or in a different location. Such new

proceedings shall be in accordance with the general provisions of this chapter.
N.D. Cent. Code § 61-33-05 — ND Code / Title 61 / Chapter 61-33 / Section 61-33-05
61-33-05. Duties and powers of the department of water resources
Status: in_force

61-33-05. Duties and powers of the department of water resources

The department of water resources shall manage, operate, and supervise all properties

transferred to it by this chapter; may enter into any agreements regarding the property; may

enforce all rights of the owner in its own name; may issue and enforce administrative orders and

recover the cost of the enforcement from the party against which enforcement is sought; and

may make and execute all instruments of release or conveyance as may be required pursuant

to agreements made with respect to the assets, whether the agreements were made before or

after this section was enacted. The department of water resources may enter agreements with

the game and fish department or other law enforcement entities to enforce this chapter and

rules adopted under this chapter.
N.D. Cent. Code § 61-04-13 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-13
61-04-13. Application of water to beneficial use - Inspection
Status: repealed

61-04-13. Application of water to beneficial use - Inspection

Repealed by S.L. 1965, ch. 447, § 24.
N.D. Cent. Code § 61-02-26 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-26
61-02-26. Duties of state agencies concerned with intrastate use or disposition of waters
Status: in_force

61-02-26. Duties of state agencies concerned with intrastate use or disposition of

waters.

Every state officer, department, board, and commission authorized by any law of this state

to take any action, perform any duties, or make any contract concerning the use or disposition

of waters, or water rights, within the state first shall submit to the department of water resources

any plans, purposes, and contemplated action with respect to the use or disposition of the

waters, and except as provided in this chapter, must receive the consent and approval of the

department of water resources before making any agreement, contract, purchase, sale, or lease

to carry into execution any works or projects authorized under the provisions of this chapter.
N.D. Cent. Code § 61-24.7-02 — ND Code / Title 61 / Chapter 61-24.7 / Section 61-24.7-02
61-24.7-02. Funding - Red River valley water supply project - Bond issuance amount
Status: repealed

61-24.7-02. Funding - Red River valley water supply project - Bond issuance amount

Repealed by S.L. 2013, ch. 490, § 24.
N.D. Cent. Code § 61-24.8-11 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-11
61-24.8-11. District engineer to retain copy of plans, specifications, and estimates - Sale of copies
Status: in_force

61-24.8-11. District engineer to retain copy of plans, specifications, and estimates -

Sale of copies.

The engineer acting for the district shall retain a copy of the plans, specifications, and

estimates that have been prepared for any improvement. The engineer shall furnish copies at

the request of any person at a reasonable cost.
N.D. Cent. Code § 61-06-15 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-15
61-06-15. Opening and closing hours of polls at irrigation district elections
Status: in_force

61-06-15. Opening and closing hours of polls at irrigation district elections

If the election is not held by mail ballot, the polls must be open at one p.m. of the election

day and must be kept open until five p.m. of the same day.
N.D. Cent. Code § 61-24.3-21 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-21
61-24.3-21. Authorization of facilities - Water service areas
Status: in_force

61-24.3-21. Authorization of facilities - Water service areas

Notwithstanding the plans and specifications of state water commission project no. 1736, as

authorized in this chapter, the state water commission may include as part of the southwest

pipeline project the delivery of water from southwest pipeline facilities to areas in Dunn County,

Mercer County, and Oliver County and plan, design, integrate, incorporate, construct, operate,

and maintain necessary facilities for this purpose as part of the southwest pipeline project,

consistent with this chapter. The exercise of this authority must be in the manner and time the

commission deems appropriate.
N.D. Cent. Code § 61-05-13 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-13
61-05-13. Order establishing irrigation district - Calling election - Dividing district - Contents of order
Status: in_force

61-05-13. Order establishing irrigation district - Calling election - Dividing district -

Contents of order.

1. If the department of water resources determines the establishment of the proposed

irrigation district is advisable and the plan proposed for irrigating the lands in the

proposed district is practicable and economically sound, the department shall make an

order establishing the irrigation district, subject to the approval of the electors of the

district at an election called by the department for that purpose.

2. If the district embraces more than twenty thousand irrigable acres [8093.72 irrigable

hectares] of land, the department by the order shall divide the district into five or seven

divisions or precincts as the department determines necessary for the convenience of

the electors of the district. The divisions or precincts must be numbered and as nearly

equal in size as practicable. One director must be elected from, and by the electors of,

each division. If an elector owns land in more than one division, the elector shall cast

all the elector's votes for director and is eligible for election as a director in the division

in which the majority of the elector's land subject to assessment lies.

3. The department's order must set forth:

a. The time and place of holding the election.

b. The boundaries of the district.

c. That a petition sufficient in form and substance was filed with the department of

water resources.

d. That due and reasonable notice of time and place of hearing on petition was

given to the qualified electors of the proposed irrigation district.

4. A copy of the order must be filed with the county auditor of each county in which the

irrigation district is situated. The order is prima facie evidence of the matter and facts

therein stated.
N.D. Cent. Code § 61-24.8-08 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-08
61-24.8-08. Size and form of improvement districts - Regulations governing
Status: in_force

61-24.8-08. Size and form of improvement districts - Regulations governing

Any improvement district created by the district may embrace two or more separate

property areas. Each improvement district must be of such size and form as to include all

properties, which in the judgment of the board, after consultation with the engineer planning the

improvement, will be benefited by the construction of the improvement project which is

proposed to be made in or for the district, or by any portion of the project. A single district may

be created for an improvement of the type specified in section 61-24.8-07, notwithstanding any

lack of uniformity among the types, items, or quantities of work and materials to be used at

particular locations throughout the improvement district. The jurisdiction of the district to make,

finance, and assess the cost of any improvement project may not be impaired by any lack of

commonness, unity, or singleness of the location, purpose, or character of the improvement, or

by the fact that any one or more of the properties included in the improvement district is

subsequently determined not to be benefited by the improvement, or by a particular portion of

the improvement project, and is not assessed for that purpose. The board may omit from an

improvement district property within the improvement district limits. The board may by resolution

enlarge an improvement district in which an improvement is proposed, under construction, or in

existence upon receipt of a petition signed by the owners of all of the area to be added to the

district.
N.D. Cent. Code § 61-02-14.4 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-14.4
61-02-14.4. Carryover projects - Reporting requirements to the legislative management
Status: in_force

61-02-14.4. Carryover projects - Reporting requirements to the legislative

management.

1. The state water commission shall report quarterly to a legislative committee

designated by the legislative management:

a. Each project the state water commission has designated as a carryover project

that has had a cost-share agreement in place for at least four years;

b. The amount of funds still committed for each carryover project included in the

report;

c. The total amount of funds reallocated or made available from carryover projects

included in a previous report to other projects since the commission's preceding

report; and

d. The status of each carryover project for which the committee has made a

recommendation under subsection 2 since the commission's preceding report.

2. The legislative committee designated by the legislative management to receive the

state water commission's reports may make a recommendation to the state water

commission that a carryover project included in a report be terminated under section

61-02-14.3 and any funds remaining for the carryover project be reallocated and made

available for projects with the same general purpose as the carryover project.
N.D. Cent. Code § 61-16.2-08 — ND Code / Title 61 / Chapter 61-16.2 / Section 61-16.2-08
61-16.2-08. Community standards - Permissible uses within flood fringe
Status: in_force

61-16.2-08. Community standards - Permissible uses within flood fringe

1. Upon delineation of the floodplain or floodway under the national flood insurance

program [42 U.S.C. 4001 et seq.], the following uses must be permitted within the

flood fringe to the extent the uses are not prohibited by any other ordinance,

regulation, or statute:

a. Any use permitted in the regulatory floodway pursuant to section 61-16.2-06.

b. Structures, including residential and nonresidential structures; provided:

(1) Residential structures are constructed so the lowest floor, including

basements, is elevated to at least one foot [30.48 centimeters] above the

base flood elevation unless granted a residential basement floodproof

exception under the national flood insurance program.

(2) Nonresidential structures either are constructed as specified in subdivision a

and elevated to at least one foot [30.48 centimeters] above the base flood

elevation or are floodproofed adequately up to an elevation no lower than

two feet [.61 meter] above the base flood elevation. The floodproofing must

be in accordance with the standards either adopted by the community under

the national flood insurance program [42 U.S.C. 4001 et seq.] or under this

chapter, whichever are more restrictive.

2. Any exception to this section must be approved by the regulatory authority as a

variance, established in local floodplain development ordinances.

3. Any exception to the national flood insurance program [42 U.S.C. 4001 et seq.] in

implementing regulations granted by the appropriate federal agency to a community

participating in the national flood insurance program is an approved exception under

this section.
N.D. Cent. Code § 61-12-17 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-17
61-12-17. Review of assessment - Ten-day notice - Place of hearing
Status: in_force

61-12-17. Review of assessment - Ten-day notice - Place of hearing

Ten days' notice of the time when and the place where an assessment of damages will be

reviewed by the board of flood irrigation shall be given by publication in the official newspaper in

each county in which the proposed project, or any part thereof, is located, if any is published

therein, and if none is printed in the county, then in the official newspaper printed in an adjoining

county in the state. The place appointed for such hearing shall be in the vicinity of the proposed

improvement convenient and accessible for the majority of the landowners affected. At the time

and place appointed, such board shall proceed to hear all complaints or objections relative to

such assessment of damages and correct or confirm the same.
N.D. Cent. Code § 61-16-11.1 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-11.1
61-16-11.1. Joint exercise of powers
Status: repealed

61-16-11.1. Joint exercise of powers

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-16-28.1 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-28.1
61-16-28.1. Removal of an obstruction to a drain - Notice and hearing - Appeal - Injunction - Definition
Status: repealed

61-16-28.1. Removal of an obstruction to a drain - Notice and hearing - Appeal -

Injunction - Definition.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-07-30 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-30
61-07-30. Contract for payment for supply of water - Assessments may be made against lands
Status: in_force

61-07-30. Contract for payment for supply of water - Assessments may be made

against lands.

If a contract, made and entered into by any irrigation district pursuant to the provisions of

section 61-07-29, provides for the payment of the entire purchase price of an annual supply of

water, the board, if other revenues are not available for the payment of such purchase price,

shall adopt a resolution that assessments be made against the lands within the district sufficient

to produce the required amount. Such amount shall be apportioned, assessed, and levied at the

time specified in this chapter for the apportionment and levy of assessments.
N.D. Cent. Code § 61-02-01.2 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-01.2
61-02-01.2. State water commission - Policies for water retention projects
Status: in_force

61-02-01.2. State water commission - Policies for water retention projects

The state water commission shall develop policies, including cost-sharing guidelines, which

further the development of water retention projects for flood control. The commission shall

provide a report regarding the policies to the sixty-second legislative assembly.
N.D. Cent. Code § 61-14-05 — ND Code / Title 61 / Chapter 61-14 / Section 61-14-05
61-14-05. Change of use or place of diversion
Status: repealed

61-14-05. Change of use or place of diversion

Repealed by S.L. 1977, ch. 569, § 27.
N.D. Cent. Code § 61-24-03.1 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-03.1
61-24-03.1. Filling vacancy of director on general election ballot
Status: in_force

61-24-03.1. Filling vacancy of director on general election ballot

Whenever a vacancy exists on a general election no-party ballot for any directorship of the

Garrison Diversion Conservancy District, the vacancy may be filled by filing with the county

auditor at least sixty-four days before the day of the election and not later than four p.m. of that

day a petition substantially in the form provided in section 61-24-03, stating that the petitioner

desires to become a candidate for election to the office of director. This petition must contain the

signatures of not less than fifty qualified electors of the county, unless there were at least fifty

write-in or sticker votes for the petitioner cast in the no-party primary election for the office.

A vacancy in the no-party ballot is deemed to exist when no candidate is nominated at the

primary election or when a candidate nominated at the primary dies, resigns, or otherwise

becomes disqualified to have that person's name printed on the ballot at the general election.
N.D. Cent. Code § 61-24.7-04 — ND Code / Title 61 / Chapter 61-24.7 / Section 61-24.7-04
61-24.7-04. Bonds payable from water development trust fund
Status: repealed

61-24.7-04. Bonds payable from water development trust fund

Repealed by S.L. 2013, ch. 490, § 24.
N.D. Cent. Code § 61-35-15 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-15
61-35-15. Revenue bonds
Status: in_force

61-35-15. Revenue bonds

A district may issue revenue bonds, not exceeding an aggregate total outstanding of fifty

million dollars, to finance construction of projects and incidental facilities authorized by this

chapter. Issuance of revenue bonds must be approved by two-thirds of all of the members of the

district board. The district shall pledge sufficient revenue from any revenue-producing facility

constructed with the aid of revenue bonds for the payment of principal and interest on the bonds

and shall establish rates for the facilities at a sufficient level to provide for the operation of such

facilities and for the bond payments. Revenue bonds may not be a general obligation of any

political subdivision and may not be secured by property taxes.
N.D. Cent. Code § 61-35-40 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-40
61-35-40. Duties of district and officers
Status: in_force

61-35-40. Duties of district and officers

To adequately secure the payment of bonds and interest on the bonds, any district issuing

bonds under this chapter, and the district's officers, agents, and employees shall:

1. Pay or cause to be paid punctually the principal and interest of every bond on the

dates, at the places, in the manner, and out of the funds provided in the refunding

bond and in accordance with the resolution authorizing its issuance.

2. Operate the project in an efficient and economical manner and establish, levy,

maintain, and collect related necessary or proper fees, tolls, rentals, rates, and other

charges. Such fees, tolls, rentals, rates, and other charges must be sufficient, after

making due and reasonable allowances for contingencies and for a margin of error in

the estimates, at least:

a. To pay all current expenses of operation and maintenance of the project;

b. To pay the interest and principal on the bonds as they become due;

c. To comply with the terms of the resolution authorizing the issuance of the bonds

or any other contract or agreement with the holders of the refunding bonds; and

d. To meet any other obligations of the district which are charges, liens, or

encumbrances upon the revenues of the project.

3. Operate, maintain, preserve, and keep every part of the project in good repair, working

order, and condition.

4. Preserve and protect the security of the bonds and the rights of the bondholders and

warrant and defend such rights against all claims and demands.

5. Pay and discharge all lawful claims for labor, materials, and supplies, which, if unpaid,

might become by law a lien or charge upon the revenues, or any part of the revenues,

superior to the lien of the bonds or which might impair the security of the bonds.

6. Hold in trust the revenues pledged to the payment of the bonds for the benefit of the

holders of the bonds and apply the revenues only as provided by the resolution

authorizing the issuance of the bonds, or, if the resolution is modified, as provided in

the modified resolution.

7. Keep proper separate books of record and accounts of the project in which complete

and correct entries must be made of all transactions relating to any part of the project.

All books and papers of the district are subject to inspection by the holders of ten

percent or more of the outstanding bonds or of their representatives authorized in

writing.

None of the duties contained in this section require any expenditure by the district of any funds

other than revenue received from the project. The performance of the duties enumerated in this

section is of the essence of the contract of the district with the bondholders.
N.D. Cent. Code § 61-04.1-17 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-17
61-04.1-17. Hearings
Status: in_force

61-04.1-17. Hearings

The department of water resources shall give public notice, in the official county newspaper

or newspapers in the area of the state reasonably expected to be affected by operations

conducted under a permit, that it is considering an application for such permit, and, if objection

to the issuance of the permit is received by the department within twenty days, the department

may hold a public hearing for the purpose of obtaining information from the public concerning

the effects of issuing the permit. The department may hold such hearings upon its own motion.
N.D. Cent. Code § 61-16-37 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-37
61-16-37. Appeal from decision of commission or board of commissioners - How to be taken
Status: repealed

61-16-37. Appeal from decision of commission or board of commissioners - How to

be taken.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-01-08 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-08
61-01-08. Obstructing navigation - Penalty
Status: in_force

61-01-08. Obstructing navigation - Penalty

Every person who in any manner obstructs the free navigation of any navigable

watercourse within this state is guilty of a misdemeanor.
N.D. Cent. Code § 61-28-06 — ND Code / Title 61 / Chapter 61-28 / Section 61-28-06
61-28-06. Prohibitions
Status: in_force

61-28-06. Prohibitions

1. It shall be unlawful for any person:

a. To cause pollution of any waters of the state or to place or cause to be placed any

wastes in a location where they are likely to cause pollution of any waters of the

state; and

b. To discharge any wastes into any waters of the state or to otherwise cause

pollution, which reduces the quality of such waters below the water quality

standards established therefor by the department.

2. It is unlawful for any person to carry on any of the following activities unless the person

holds a valid permit for the disposal of all wastes which are, or may be, discharged

thereby into the waters of the state:

a. The construction, installation, modification, or operation of any disposal system or

part thereof or any extension or addition thereto without plans and specifications

previously approved by the department.

b. Cause a material increase in volume or strength of any wastes in excess of the

permissive discharges specified under existing approved plans.

c. The construction, installation, or operation of any industrial, commercial, or other

establishment or any extension or modification or addition thereof, the operation

of which would cause an increase in the discharge of wastes into the waters of

the state or would otherwise alter the physical, chemical, or biological properties

of any waters of the state in any manner not already lawfully authorized.

d. The construction or use of any new outlet for the discharge of any wastes into the

waters of the state.

3. Notwithstanding any other provisions of this chapter, and except as in compliance with

the provisions of this chapter, and any rules and regulations promulgated hereunder,

the discharge of any wastes, or the violation of any water quality standards, by any

person shall be unlawful. The department may seek injunctive relief for a threatened or

continuing violation of a water quality standard, including any violations of the narrative

standards, if the department determines that the violation will substantially interfere

with or cause or threaten to cause long-term or irreparable harm to waters of this state

that the department determines has statewide or regional significance or has a

substantial impact to a local community. The authority to seek injunctive relief for a

violation of the water quality standards, including violations of the narrative standards,

is limited to the department, after obtaining written approval of the governor, and may

not be enforced by any other person.
N.D. Cent. Code § 61-24.3-03.1 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-03.1
61-24.3-03.1. Preference for resident pipeline manufacturers and bidders for labor and services
Status: in_force

61-24.3-03.1. Preference for resident pipeline manufacturers and bidders for labor

and services.

Any contracts for the purchase of pipeline materials, labor, or services awarded by the state

water commission in regard to the construction of the southwest water pipeline project must be

awarded to North Dakota resident pipeline manufacturers and North Dakota resident bidders for

labor and services making the lowest responsible bids if those bids do not exceed by more than

five percent the lowest responsible bid submitted by a nonresident pipeline manufacturer or

bidder for labor or services. As used in this section, "North Dakota resident pipeline

manufacturers and bidders for labor or services" means bidders or sellers who have maintained

a bona fide place of business within this state for at least five years prior to the date on which

the contract bid on is awarded. If the state water commission awards any contract for pipeline

materials, labor, or services in regard to construction of the southwest water pipeline project to a

nonresident bidder, the commission shall publicly give notice in a newspaper of general

circulation regarding the specific reasons why it did not award the contract to a resident bidder.

This section does not apply to contracts that involve federal moneys when a preference would

be contrary to federal laws or regulations, contracts covered under chapter 48-01.2, or to

architect, engineer, professional right of way, and land surveying services.
N.D. Cent. Code § 61-04-09 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-09
61-04-09. Application to beneficial use - Inspection - Perfected water permit
Status: in_force

61-04-09. Application to beneficial use - Inspection - Perfected water permit

After the permit's beneficial use date, or upon notice from the permitholder that water has

been applied to a beneficial use, the department of water resources shall notify the conditional

water permitholder and inspect the works. The inspection must determine the safety, efficiency,

and actual capacity of the works. If the works are not constructed properly and safely, the

department may require the necessary changes to be made within a reasonable time. Failure to

make the changes within the time prescribed by the department will result in postponement of

the permit's priority date to the date the changes are made to the satisfaction of the department.

Any intervening application submitted before the date the changes are made will have the

benefit of the postponement of priority. When the works are constructed properly and safely and

inspected, the department shall issue the perfected water permit, setting forth the actual

capacity of the works and the limitations or conditions upon the water permit as stated in the

conditional water permit authorized by section 61-04-06.2. All conditions attached to any permit

issued before July 1, 1975, are binding upon the permitholder.
N.D. Cent. Code § 61-02-01.5 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-01.5
61-02-01.5. North Dakota outdoor heritage fund grants - Effect on local cost-share
Status: repealed

61-02-01.5. North Dakota outdoor heritage fund grants - Effect on local cost-share

Repealed by S.L. 2021, ch. 489, § 2.
N.D. Cent. Code § 61-24.8-02 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-02
61-24.8-02. Financing project through improvement bonds or special assessments - Apportionment of benefits
Status: in_force

61-24.8-02. Financing project through improvement bonds or special assessments -

Apportionment of benefits.

The board may acquire needed interest in property and provide for the cost of construction,

alteration, repair, operation, and maintenance of a project with funds raised by special

assessments. The board may issue improvement bonds in anticipation of the levy and collection

of special assessments. If the board decides to acquire property or interests in property to

construct, operate, alter, repair, or maintain a project with funds raised in whole or in part

through special assessments, the assessments must be apportioned to and spread in

proportion to direct benefits accruing to lands or premises benefited by the project. The board

shall assess the proportion of the cost of the project, or the part of the cost to be financed with

funds raised through levy and collection of special assessments which any lot, piece, or parcel

of land bears in proportion to the direct benefits accruing to the property that is benefited.
N.D. Cent. Code § 61-24.8-07 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-07
61-24.8-07. Improvement districts to be created
Status: in_force

61-24.8-07. Improvement districts to be created

For an improvement project under section 61-24.8-05 and defraying the cost of the project

by special assessments, the district may create improvement districts, and may extend any

such district when necessary. The special improvement district must be created by resolution.

The special improvement district must be directly designated by a name appropriate to the type

of improvement for which it is created and by a number distinguishing it from other improvement

districts. For examinations or surveys, the board or its employees, after written notice to each

landowner, may enter upon any land on which the proposed project is located or any other lands

necessary to gain access.
N.D. Cent. Code § 61-02-32 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-32
61-02-32. Modification of plans by commission regarding project to appropriate waters - Filing declaration of intention
Status: in_force

61-02-32. Modification of plans by commission regarding project to appropriate

waters - Filing declaration of intention.

If the commission modifies its plans in connection with any proposed project for which the

commission filed a declaration of intention to appropriate waters, the commission shall file in the

department of water resources a declaration releasing all or part of the waters affected by the

declaration.
N.D. Cent. Code § 61-24.8-32 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-32
61-24.8-32. Extension of special assessments on tax lists - Collection - Payment over to district
Status: in_force

61-24.8-32. Extension of special assessments on tax lists - Collection - Payment over

to district.

The county auditor shall extend the special assessments upon the improvement tax lists of

the district for the current year and the assessments with interest and penalties must be

collected as general taxes are collected and paid over to the district treasurer and shall be

placed by the district treasurer in the respective funds for which they were collected.
N.D. Cent. Code § 61-35-09 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-09
61-35-09. Bylaws submitted at special meeting
Status: in_force

61-35-09. Bylaws submitted at special meeting

Within thirty days after election of the original board, proposed bylaws must be submitted for

adoption at a special meeting of members of the district, written notice of which must be mailed

to each member. Members present at the special meeting may adopt or amend any of the

proposed bylaws, and may propose and adopt alternative or additional bylaws by a majority

vote. The bylaws may subsequently be amended at any annual or special meeting of the

participating members of the district. However, the bylaws of each district must provide:

1. For an annual meeting of participating members each year after the year of

organization of the district and for mailing of written notice of the time and place of

each annual meeting to each participating member and publication of the notice in the

official newspaper of the county or counties served by the district not less than ten nor

more than thirty days before each meeting.

2. That each participating member of the district is entitled to one vote at all annual and

special meetings of the district for each benefit unit to which the member has

subscribed.

3. That each participating member seeking election to the board shall present a petition

containing signatures of ten participating members. All petitions must be submitted to

the secretary of the board or nominating committee at least forty-five days before the

election or by the mail election deadline established under the district's bylaws. Any

participating member who submits a petition must be added to the ballot, provided

they reside in the appropriate district and qualify to serve as a director under the

district's bylaws.
N.D. Cent. Code § 61-04-04.1 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-04.1
61-04-04.1. Application fees
Status: in_force

61-04-04.1. Application fees

The following fees must accompany a conditional water permit application and must be paid

by the department of water resources into the resources trust fund of the state treasury:

1. For municipal or public use $500

2. For irrigation use $500

3. For industrial use of one acre-foot [1233.48 cubic meters] or less $250

4. For industrial use in excess of one acre-foot [1233.48 cubic meters] $1,000

5. For recreation, livestock, or fish and wildlife $100

6. Water permit amendment $100
N.D. Cent. Code § 61-24.8-27 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-27
61-24.8-27. Lien between vendor and vendee of special assessments
Status: in_force

61-24.8-27. Lien between vendor and vendee of special assessments

As between a vendor and vendee of real property, unless the purchase contract otherwise

provides, the installment of all special assessments for local improvements which are required

to be certified and returned to the county auditor in each year become a lien upon the real

property upon which they are assessed from and after the first day of December in that year.
N.D. Cent. Code § 61-16-11 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-11
61-16-11. Powers and duties of board of commissioners
Status: repealed

61-16-11. Powers and duties of board of commissioners

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-16.1-39.2 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-39.2
61-16.1-39.2. Maintenance of project - Exception
Status: in_force

61-16.1-39.2. Maintenance of project - Exception

If, upon receipt of a petition meeting the requirements of section 61-16.1-39.1, or upon the

board's own motion, the board determines a project established under the provisions of this

chapter requires maintenance, the board may provide the required maintenance by using the

same method used initially to finance the project. Unless otherwise provided by law or

agreement, the participation of the state in financing the initial project does not bind the state to

finance any maintenance. Any maintenance financed through special assessments may not

exceed the maximum levy established by section 61-16.1-45. This section does not apply to

maintenance of assessment drains.
N.D. Cent. Code § 61-03-20 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-20
61-03-20. Cooperation with United States geological survey in making topographic maps
Status: in_force

61-03-20. Cooperation with United States geological survey in making topographic

maps.

The department may confer with the director of the United States geological survey and

may accept the cooperation of the United States to execute topographic surveys and maps of

this state. The department may arrange with the director or other authorized representative of

the United States geological survey concerning the details of the surveys or maps, the method

of execution, and the order in which the surveys and maps of different parts of the state are

undertaken.
N.D. Cent. Code § 61-12-31 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-31
61-12-31. Joint powers of flood irrigation boards in two or more counties - Apportionment of cost
Status: in_force

61-12-31. Joint powers of flood irrigation boards in two or more counties -

Apportionment of cost.

Whenever it shall be deemed necessary by the boards of flood irrigation of two or more

counties in this state to construct or extend a project through or into two or more counties in the

state, the several boards of flood irrigation in the counties into or through which such proposed

project may extend when completed, are empowered to establish, construct, and maintain such

project through or into two or more counties in the following manner:

1. There first shall be presented to the board of flood irrigation in each of such counties a

petition for the establishment of such flood irrigation project in the several counties as

provided by law, and the boards of the several counties shall determine upon the

necessity or expediency of the establishment of such flood irrigation project as

provided by law;

2. The several boards of flood irrigation of the counties through or into which such

proposed project may run then shall meet and agree upon the proportion of damages

and benefits to accrue to the lands affected in each county, and for this purpose they

shall consider the entire course and territory of such project in all said counties as one

project;

3. They may apportion the cost of establishing and constructing such entire project

ratably and equitably upon the lands in each county in proportion to the benefits to

accrue to such lands;

4. When they have so apportioned the same they shall make a written report of such

apportionment to the auditors of the several counties affected, and the report shall

show the portion of the cost of such entire project to be paid by taxes upon the lands in

each of such counties. Such report shall be signed by the boards of flood irrigation of

all counties affected; and

5. Upon the filing of such report, the board of flood irrigation of each county shall meet

and assess against the lands in such county ratably and equitably as provided by law

an amount sufficient to pay the proportion of the cost of such drain fixed for such

county by all said boards.
N.D. Cent. Code § 61-16-02 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-02
61-16-02. Petition for establishment of water conservation and flood control district - Hearing thereon and investigation - District when created
Status: repealed

61-16-02. Petition for establishment of water conservation and flood control district -

Hearing thereon and investigation - District when created.

Repealed by S.L. 1973, ch. 500, § 13.
N.D. Cent. Code § 61-16.1-52.1 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-52.1
61-16.1-52.1. Closing of noncomplying drain - Notice and hearing - Appeal - Injunction
Status: in_force

61-16.1-52.1. Closing of noncomplying drain - Notice and hearing - Appeal -

Injunction.

If the board determines a drain, lateral drain, or ditch has been opened or established by a

landowner or tenant contrary to this chapter or any rules adopted by the board, the board shall

notify the landowner by registered mail at the landowner's address of record. A copy of the

notice also must be sent to the tenant, if any. The notice must specify the nature and extent of

the noncompliance and must state if the drain, lateral drain, or ditch is not closed or filled within

the period the board determines, but not less than fifteen days, the board shall procure the

closing or filling of the drain, lateral drain, or ditch and assess the cost, or the portion the board

determines, against the property of the landowner responsible. The notice also must state the

affected landowner, within fifteen days of the date the notice is mailed, may demand in writing a

hearing on the matter. Upon receipt of the demand, the board shall set a hearing date within

fifteen days from the date the demand is received. In the event of an emergency, the board may

apply immediately to the appropriate district court for an injunction prohibiting the landowner or

tenant from maintaining the drain, lateral drain, or ditch. Assessments levied under this section

must be collected in the same manner as other assessments authorized by this chapter. If, in

the opinion of the board, more than one landowner or tenant has been responsible, the costs

may be assessed on a pro rata basis in accordance with the proportionate responsibility of the

landowners. A landowner aggrieved by action of the board under this section may appeal the

decision of the board to the district court of the county in which the land is located in accordance

with the procedure provided for in section 28-34-01. A hearing as provided for in this section is

not a prerequisite to an appeal.
N.D. Cent. Code § 61-02-66 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-66
61-02-66. Construction fund - Contents - Disbursements - Surplus remaining
Status: repealed

61-02-66. Construction fund - Contents - Disbursements - Surplus remaining

Repealed by S.L. 1995, ch. 588, § 18.
N.D. Cent. Code § 61-02-59 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-59
61-02-59. Series of bonds may be secured by trust indenture
Status: in_force

61-02-59. Series of bonds may be secured by trust indenture

In the discretion of the commission, any series of bonds may be secured by a trust

indenture by and between the commission and a corporate trustee, which may be any trust

company or bank having the powers of a trust company within or outside of the state.
N.D. Cent. Code § 61-02-67.1 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-67.1
61-02-67.1. Revenues and funds available to pay bonds
Status: in_force

61-02-67.1. Revenues and funds available to pay bonds

Bonds issued under this chapter are payable solely from:

1. Revenues to be received by the commission from the operation of a works financed

with the bonds.

2. Any other revenues available to the commission.
N.D. Cent. Code § 61-02-68.2 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.2
61-02-68.2. Interim financing notes guaranteed by United States agency or instrumentality - Limitations
Status: in_force

61-02-68.2. Interim financing notes guaranteed by United States agency or

instrumentality - Limitations.

In addition to its other powers, the commission may enter into interim financing and loan

agreements with any owner or owners to loan the proceeds of the commission's interim

financing notes to any owner or owners for works or projects authorized by this chapter

anywhere within this state and to adopt the necessary resolution therefor, without regard to the

limitations, provisions, or requirements of any other law, except those of this chapter. Before any

such agreement can be entered into, an agency or instrumentality of the United States

government, including the farmers home administration or the old west regional commission, or

any agency of this state, including the Bank of North Dakota, must have committed itself to

make a grant or loan to such owner or owners. Under this section, the commission may only

provide interim financing less than or equal to the federal or state grant or loan commitment on

each project and may not apply the proceeds of such notes and financing to any purpose other

than expenses allowed by section 61-02-68.1 and the project or works for which the loan

agreement is made. Notes authorized by sections 61-02-68.1 through 61-02-68.13 shall not be

considered revenue bonds under section 61-02-46, and the proceeds of any such notes shall

not be part of any commission fund as enumerated in section 61-02-64, and need not be

deposited in the state treasury.
N.D. Cent. Code § 61-07-16 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-16
61-07-16. Irrigation district shall provide for proper drainage of lands - Payment
Status: in_force

61-07-16. Irrigation district shall provide for proper drainage of lands - Payment

Any irrigation district organized under the provisions of this title shall provide for the proper

drainage of any and all lands embraced within its limits which are, or have been, subirrigated by

reason of the lawful use of water from its canal by the owner or lessee of the lands subirrigated,

or from any cause which is not the fault, or which does not have the consent, of such owner or

lessee. For such purpose, such district shall have all the authority granted in this title to:

1. Levy special assessments or otherwise provide funds necessary properly to drain such

lands;

2. Enter upon lands for the purpose of making surveys;

3. Subject to chapter 32-15, exercise the right of eminent domain;

4. Contract for the construction of necessary drains; and

5. Extend such drains outside of the limits of such district for the purpose of conducting

the drainage water to other lands upon which the same may be used lawfully or to

return the same to some natural watercourse.

The powers granted by this section shall include the power to enter into a contract with the

United States to carry out and effectuate all proper drainage of the district, or any part thereof,

and any such contract shall be treated to all intents and purposes as if made under section

61-07-14.
N.D. Cent. Code § 61-24.5-07 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-07
61-24.5-07. Election of city directors of the southwest water authority
Status: in_force

61-24.5-07. Election of city directors of the southwest water authority

Any person who is a resident and qualified elector of the city of Dickinson or Mandan who

aspires to the office of director of the southwest water authority shall, before four p.m. on the

sixty-fourth day before the election, file with the city auditor a petition signed by not less than ten

percent of the number of qualified electors who voted for that office in the last city election,

except that the petition for the first election must be signed by not less than two hundred

qualified electors. Signers of a petition must reside within the corporate limits of the city, and

each signer of the petition shall include with the signer's name the signer's mailing address. The

petition must include the candidate's name, post-office address, and the title of the office of the

southwest water authority for which the candidate is seeking election.

The petition must be accompanied by an affidavit substantially as follows:

State of North Dakota )

) ss.

City of __________ )

I _______________, being sworn, say that I reside in the city of _______________

and State of North Dakota; that I am a qualified elector therein; that I am a candidate for the

office of director of the Southwest Water Authority to be elected at the municipal election to

be held on ______________, ______, and I request that my name be printed upon the

election ballot as provided by law, as a candidate for the office.

__________________________

Subscribed and sworn to before me on _____________, ______.

___________________________

Notary Public

Upon receipt of the petition, the city auditor shall without fee place the name of the aspirant

on the election ballot as a candidate for the office of director. The candidate or candidates,

depending on whether one or two directors are being elected, receiving the highest number of

votes are elected. The provisions of chapter 40-21 govern the election of directors from the city

of Dickinson or Mandan for the southwest water authority.
N.D. Cent. Code § 61-12-03 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-03
61-12-03. Oath - Bond - Members of flood irrigation board
Status: in_force

61-12-03. Oath - Bond - Members of flood irrigation board

Any person appointed as a member of the board of flood irrigation, within ten days after

appointment, shall take, subscribe, and file in the office of the county auditor an oath to perform

the duties of the office faithfully, and within the same time shall make, execute, and file in the

auditor's office a bond payable to the county, with sureties to be approved by the auditor, in such

sum as shall be ordered by the board of county commissioners, conditioned for the faithful

discharge of the member's duties as a member of the board of flood irrigation.
N.D. Cent. Code § 61-39-08 — ND Code / Title 61 / Chapter 61-39 / Section 61-39-08
61-39-08. Sale of bonds - When private sale authorized - Public sale and notice
Status: in_force

61-39-08. Sale of bonds - When private sale authorized - Public sale and notice

Revenue bonds or refunding bonds may be sold at public or private sale on such terms as

the board deems appropriate.
N.D. Cent. Code § 61-08-32 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-32
61-08-32. District treasurer to make report to board - Verifying and filing
Status: in_force

61-08-32. District treasurer to make report to board - Verifying and filing

The district treasurer shall report to the board in writing as often as the board may require in

its bylaws, the amount of money in the district treasury, the amount of receipts since the

previous report, and the amount and items of expenditures. Such report shall be verified and

filed with the secretary of the board.
N.D. Cent. Code § 61-16-38 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-38
61-16-38. Time for taking appeal from commission or board of commissioners
Status: repealed

61-16-38. Time for taking appeal from commission or board of commissioners

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-24-05 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-05
61-24-05. Term of office of directors - Oath of office - Bonds
Status: in_force

61-24-05. Term of office of directors - Oath of office - Bonds

Each member of the board of directors of the district shall hold office for a term of three

years, and until the successor in office has been appointed and qualified, provided, that

one-third of the board first appointed shall hold office for a term of three years, one-third for a

term of two years, and the other directors shall hold office for a term of one year, from the first

day of July next following the date of their appointment. Before assuming the duties of the office,

each director shall take and subscribe the oath of office prescribed by law for civil officers. The

district treasurer shall be bonded in such amount as the board may prescribe.

A member of the board of directors of the district elected in 1960 and thereafter shall hold

office for a term of four years and until a successor has been duly elected and qualifies, but

one-half of the directors elected at the general election in 1960 shall hold office for a term of two

years, and one-half shall hold office for four years. Terms of office of directors elected at the first

election shall be determined by lot. Directors elected after 1960 shall hold office for a term of

four years. If the office of any director shall become vacant by reason of the failure of any

director elected at any election to qualify or for any other reason, the successor shall be

appointed to fill the vacancy by the board of county commissioners of the county in which the

vacancy occurs. A director appointed to fill a vacancy shall hold office for the unexpired term of

the director whose office has become vacant. A director shall, however, hold office until a

successor has been elected and qualifies.

Members of the board of directors elected in 1960 shall assume office on the first Monday in

January 1961 and shall replace all members of the board previously appointed. They shall meet

at a time and place designated by the secretary of the replaced board of directors, and if that

secretary is unable to act, by the secretary of the state water commission, and shall organize in

the same manner as the first board of directors was organized. The secretary of the replaced

board and any other person employed by that board shall continue in their positions until the

new board shall otherwise provide.
N.D. Cent. Code § 61-02-68.3 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.3
61-02-68.3. Interim financing - Proper authority required
Status: in_force

61-02-68.3. Interim financing - Proper authority required

Before entering into any loan agreement under section 61-02-68.2, the commission shall be

satisfied by opinion of the attorney general, by an examination of relevant charters, resolutions,

minutes, and other documents, or by other sufficient means that the owner or owners receiving

such interim financing have the authority and power to construct the project or works, borrow

these funds, and enter into the loan agreement. The commission shall also be so satisfied that

all procedures, resolutions, and other things necessary to exercise such authority and power

have been followed or properly performed.
N.D. Cent. Code § 61-02-69 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-69
61-02-69. Property of commission exempt from taxation
Status: in_force

61-02-69. Property of commission exempt from taxation

All the property of the commission shall be exempt from taxation.
N.D. Cent. Code § 61-11-02 — ND Code / Title 61 / Chapter 61-11 / Section 61-11-02
61-11-02. Notice of election for dissolution of district - Publication
Status: in_force

61-11-02. Notice of election for dissolution of district - Publication

Notice that the question of the dissolution of the district and the sale of the district property

as provided in section 61-11-01 will be submitted to the vote of the electors at a special election

or at the next general district election, as the case may be, shall be given in the manner

provided for a regular election of the district.
N.D. Cent. Code § 61-24.6-05 — ND Code / Title 61 / Chapter 61-24.6 / Section 61-24.6-05
61-24.6-05. Department of water resources - Employment of staff
Status: in_force

61-24.6-05. Department of water resources - Employment of staff

The director of the department of water resources may employ full-time and other personnel

as necessary to administer this chapter and as available funds permit. Notwithstanding section

61-02-64.1, funds disbursed from the contract fund or appropriated for purposes of

administering this chapter may be used for salaries and expenses of persons employed

pursuant to this chapter.
N.D. Cent. Code § 61-04.1-13 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-13
61-04.1-13. Operator deemed to be doing business within state - Resident agent
Status: in_force

61-04.1-13. Operator deemed to be doing business within state - Resident agent

A person shall be deemed doing business within this state when engaged in weather

modification operations within the boundaries of this state, and shall, if not already qualified to

do business within this state under chapter 10-19.1, prior to conducting such operations, file

with the secretary of state an authorization designating an agent for the service of process.
N.D. Cent. Code § 61-02-39 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-39
61-02-39. Commission may adjust plans and operation of project to obtain financial aid from United States
Status: in_force

61-02-39. Commission may adjust plans and operation of project to obtain financial

aid from United States.

For the purpose of obtaining financial aid from the United States, the commission may

adjust the plans and operation of any project created under this chapter to conform to the laws

and regulations of the federal government and the supervision of any board, bureau, or

commission constituted under such authority and may exercise such powers whenever

conferred.
N.D. Cent. Code § 61-24.5-12 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-12
61-24.5-12. Board to certify mill levy to city auditors, county auditors, and state tax commissioner
Status: in_force

61-24.5-12. Board to certify mill levy to city auditors, county auditors, and state tax

commissioner.

Upon the adoption of the annual mill levy by the board of directors, but no later than

October first, the secretary of the board shall send one certified copy of the mill levy to the

county auditor of each county which is a member of the authority. Copies of all such documents

must be sent to the state tax commissioner.
N.D. Cent. Code § 61-09-03 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-03
61-09-03. Assessments spread in proportion to benefits received - Property subject to assessment for deficiency
Status: in_force

61-09-03. Assessments spread in proportion to benefits received - Property subject to

assessment for deficiency.

Whenever any assessment is made within an irrigation district it must be apportioned to and

spread upon each unit or tract of land in the district in proportion to the benefits received, as

determined by the assessor in accordance with section 61-09-01. Bonds, district improvement

warrants, and other obligations incurred by the district must be the obligations of the district.

Only lands within the district benefited by irrigation or drainage provided by the district and

subject to assessment for irrigation or drainage benefits are subject to assessment for any fund

created for the payment of bonds, district improvement warrants, and other district obligations.

All assessments approved and levied by an irrigation district for any fund or purpose under the

authority of this title must be in the form of special assessments and levied against both

privately and publicly owned lands.
N.D. Cent. Code § 61-35-26.4 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-26.4
61-35-26.4. Water service agreement - Mediation - Administrative law judge
Status: in_force

61-35-26.4. Water service agreement - Mediation - Administrative law judge

1. If a water service agreement between the district and the city is not executed within

sixty days after the city notifies the district that a city water service area plan has been

developed, the matter must be submitted to a committee for mediation. The committee

must be comprised of a mediator retained jointly by the city and the district, two

members appointed by the governing body of the city, and two members appointed by

the district. The retained mediator shall arrange and preside over the mediation

proceedings.

2. If the mediation committee is unable to resolve the dispute to the satisfaction of the

parties involved, either party may petition the office of administrative hearings to

appoint an administrative law judge to determine the terms of the water service

agreement. Before a hearing may be held, at least two weeks' written notice must be

given to the parties involved in the dispute. At the hearing, the retained mediator who

presided over the mediation proceedings may provide information to the administrative

law judge on the dispute between the parties involved and any proposed resolutions or

recommendations made by a majority of the members appointed to the committee.

Any resident of or person owning property in a city or district involved in the dispute, or

a representative of such a resident or property owner, and any representative of a city

or district involved, may appear at the hearing and present evidence on any matter to

be determined by the administrative law judge. A decision by the administrative law

judge must consider the following factors related to water service in the annexed area

in making a decision under this subsection:

a. The recommendation of the mediation committee;

b. The firefighting flow capacity of the water system;

c. The anticipated growth patterns of the district and city involved in the dispute;

d. Special conditions or needs, including topographic or physical features

influencing service;

e. The system capacity and trunk main delivery structure of each provider;

f. The age, condition, and worth of the affected existing infrastructure;

g. Outstanding debt attributable to current users;

h. The impact on future revenues lost from existing and future customers;

i. Whether development would have occurred without annexation; and

j. Any other factor determined to be relevant by the administrative law judge.
N.D. Cent. Code § 61-16-10 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-10
61-16-10. Bonds of treasurer and appointive officers
Status: repealed

61-16-10. Bonds of treasurer and appointive officers

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-02-16 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-16
61-02-16. Preference is given to individual farmer or irrigation district when planning or constructing irrigation projects
Status: in_force

61-02-16. Preference is given to individual farmer or irrigation district when planning

or constructing irrigation projects.

In planning and constructing irrigation projects, it shall be the policy of the commission to

give preference to the individual farmer or groups of farmers or irrigation districts who intend to

farm the land themselves.
N.D. Cent. Code § 61-07-26 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-26
61-07-26. Powers of court upon trial - Amendment of petition
Status: in_force

61-07-26. Powers of court upon trial - Amendment of petition

At the time and place set for the hearing provided for in section 61-07-24, the court shall

find and determine whether the notice of the filing of such petition has been posted and

published. When the court has determined that it has jurisdiction to hear the petition, it shall

proceed with the hearing and shall conduct the same as in the case of a trial of an equity action

without a jury. The court shall examine into and determine the legality and validity of

proceedings for the organization of the district from and including the petition for the

organization thereof, and all matters affecting the legality or validity of proceedings for the

issuance of bonds or improvement warrants, or the making of contracts by the board of

directors, and the levying of assessments. The court shall disregard any error, irregularity, or

omission which does not affect the substantial rights of the parties to such hearing. The court

shall permit the petition to be amended so as to conform to the evidence and facts presented at

such hearing.
N.D. Cent. Code § 61-04.1-28 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-28
61-04.1-28. Procedure for abolishment of weather modification authority and all its powers by recall initiated petition
Status: in_force

61-04.1-28. Procedure for abolishment of weather modification authority and all its

powers by recall initiated petition.

After fifty-one percent of the qualified electors of a county, as determined by the vote cast

for the office of governor at the last preceding gubernatorial election, shall petition the board of

county commissioners of their county to recall the commissioners of a weather modification

authority as created by section 61-04.1-23 and to abolish the county weather modification

authority, the board of county commissioners shall adopt a resolution recalling all

commissioners of such weather modification authority and abolishing their appointed offices and

the weather modification authority, until such time as a weather modification authority is created

by petition in accordance with section 61-04.1-23. Before adopting such a resolution, the county

commissioners must find that the petition meets the requirements as to the number of qualified

electors as required in this chapter. If the board of county commissioners adopts a resolution

recalling all commissioners of a weather modification authority and abolishing the authority, all

unexpended funds remaining in the name of the authority, after all proper bills and expenses

have been paid, shall be transferred to the county general fund by the weather modification

authority commissioners on the effective date of the resolution. In the event there are

outstanding valid bills unpaid after that date, the board of county commissioners is hereby

authorized to pay such obligations from moneys in the county general fund. A recall petition

shall have a title with the heading: "Recall Petition for the Abolishment of (insert name of county)

Weather Modification Authority". The recall petition shall incorporate a paragraph stating its

purpose in clear language and shall comply with all requirements prescribed in subsections 4, 5,

and 6 of section 61-04.1-24, relating to petition contents, committee for petitioners, petition

details, affidavits, and persons circulating such petitions.
N.D. Cent. Code § 61-02-68.9 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.9
61-02-68.9. Registration of interim financing notes - Interest payment - Redemption prior to maturity
Status: in_force

61-02-68.9. Registration of interim financing notes - Interest payment - Redemption

prior to maturity.

The commission may provide for the registration of interim financing notes in the name of

the owner either as to principal alone, or as to both principal and interest, on such terms and

conditions as the commission may determine by the resolution authorizing their issue. Interest

on the notes may be made payable semiannually, annually, or at maturity, however, the first

interest payment period may be less than six months. The notes may be made redeemable,

prior to maturity, at the option of the commission, in the manner and upon the terms fixed by the

resolution authorizing their issuance.
N.D. Cent. Code § 61-35-90 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-90
61-35-90. Execution of bidder's bond
Status: in_force

61-35-90. Execution of bidder's bond

The bidder's bond must be executed by the bidder as principal and may be provided by a

surety company authorized to do business in this state as surety or by a bank letter of credit, a

cash bond, or a certified check.
N.D. Cent. Code § 61-16.1-57 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-57
61-16.1-57. Filing appeal - Docketing and hearing appeals - Final judgment and sending back
Status: repealed

61-16.1-57. Filing appeal - Docketing and hearing appeals - Final judgment and

sending back.

Repealed by S.L. 1989, ch. 83, § 36.
N.D. Cent. Code § 61-35-65 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-65
61-35-65. Reassessment of benefits
Status: in_force

61-35-65. Reassessment of benefits

The district board may hold at any time or, upon petition of any affected landowner or

political subdivision which has been assessed after a project has been in existence for at least

one year, shall hold a hearing for the purpose of determining the benefits of the project to each

tract of land affected. At least ten days' notice of the hearing must be given by publication in the

newspaper or newspapers having general circulation in the district and in the official county

newspaper of each county in which the benefited lands are located and by mailing notice by

ordinary mail to each owner of land whose assessment is proposed to be raised as determined

by the records of the recorder or county treasurer. The provisions of this chapter governing the

original determination of benefits and assessment of costs apply to any reassessment of

benefits carried out under this section. The board may not be forced to make a reassessment

more than once every ten years. Any assessment or balance of an assessment supporting a

project fund may not be reduced or impaired by reassessment or otherwise so long as bonds

payable out of such fund remain unpaid and moneys are not available in such fund to pay all

such bonds in full, with interest. Costs of maintenance must be prorated in accordance with any

plan for reassessment of benefits that has been adopted.
N.D. Cent. Code § 61-02-14.3 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-14.3
61-02-14.3. Commission agreements - Terms, conditions, and reapplication
Status: in_force

61-02-14.3. Commission agreements - Terms, conditions, and reapplication

An agreement for funding which is approved by the commission to fund a water project

under this chapter must require a progress report to the commission at least every four years if

the term of the project exceeds four years. If a progress report is not timely received or, if after a

review of a progress report, the commission determines the project has not made sufficient

progress, the commission may terminate the agreement for project funding. The project sponsor

may submit a new application to the commission for funding for a project for which the

commission previously terminated funding.
N.D. Cent. Code § 61-05-15 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-15
61-05-15. Form of notice of election
Status: in_force

61-05-15. Form of notice of election

The notice of election provided for in section 61-05-14 must be substantially in the following

form:

NOTICE OF ELECTION

Notice is given that on __________, ____, an election will be held for the purpose of

submitting to the electors within the territory established and described by the order of the

department of water resources as __________ irrigation district, the question whether the

order of the department of water resources establishing the irrigation district is approved.

Notice is given that the lands of the district are described fully in the order of the department

of water resources establishing the district and filed in the department's office in Bismarck,

North Dakota, and in the office of the county auditor of __________ County, North Dakota.

The ballot must be in the following form:

FOR IRRIGATION DISTRICT

Yes ☐

No ☐

Notice is further given that a board consisting of __________ directors will be elected,

one from each district division, to serve as provided by law after the establishment of the

district is approved. Polls will be open from one p.m. to seven p.m. Notice is further given

that any elector desiring to be a candidate for the office of district director and to have the

elector's name appear on the ballot shall file the elector's request in writing with the

department of water resources not less than twenty days before the election.

Dated ______________, ______.

Signed _________________

Director of the Department of Water Resources
N.D. Cent. Code § 61-04-11 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-11
61-04-11. Inspection of works
Status: in_force

61-04-11. Inspection of works

If the department of water resources, in the course of the department's duties, finds any

works used for the storage, diversion, or carriage of water are unsafe and a menace to life or

property, the department shall notify the owner or the owner's agent, specifying the changes

necessary and allowing a reasonable time for putting the works in safe condition. Upon the

request of any party, accompanied by the estimated cost of inspection, the department shall

inspect any alleged unsafe works. If the works are found unsafe by the department, the money

deposited by the party must be refunded, and the fees for inspection must be paid by the owner

of the works. If the owner of the works does not pay the fees within thirty days after the decision

of the department, the fees must be a lien against any property of the owner, and the state's

attorney of the county shall initiate a suit to recover the fees from the owner at the request of the

department. The department may inspect any works under construction for the storage,

diversion, or carriage of water and may require any changes necessary to secure the safety of

the works. The fees for the inspection must be a lien on any property of the owner and must be

subject to collection as provided in this chapter but neither the United States nor the state of

North Dakota nor any government agency may be required to pay such fees.
N.D. Cent. Code § 61-07-14 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-14
61-07-14. Irrigation districts may accept acts of Congress - Contracting with United States - Provisions of section not a limitation
Status: in_force

61-07-14. Irrigation districts may accept acts of Congress - Contracting with United

States - Provisions of section not a limitation.

Any irrigation district organized under the laws of this state may accept the provisions of any

act of the Congress of the United States applicable to such district and may obligate itself to

comply with such laws, rules, and regulations as may be promulgated by any department of the

United States in pursuance of such acts. An irrigation district contracting with the United States

under the provisions of this chapter shall be governed in all matters by the laws of this state

relating to irrigation or drainage districts, as the case may be, except in such things as may be

provided otherwise, for such district. The provisions of this section shall not limit the rights which

any irrigation district has under existing laws to purchase a water supply or otherwise to contract

and shall be cumulative thereto.
N.D. Cent. Code § 61-12-44 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-44
61-12-44. Levy of tax for interest - Separate sinking funds - County not liable for bonds
Status: in_force

61-12-44. Levy of tax for interest - Separate sinking funds - County not liable for

bonds.

The board of county commissioners in each year shall levy upon the property liable to

taxation on account of the location and construction of any project as provided by this chapter a

tax sufficient to pay the annual interest on any bonds which may have been issued for the

purpose of locating and constructing such project. Separate sinking funds shall be provided for

each separate project for the construction of which bonds shall have been issued. No funds in

any such sinking fund shall be applied to any other purpose than the payment of the bonds for

the payment of which such fund was created. No county shall be liable for the payment of any

bonds issued under the provisions of this chapter but such bonds shall be paid only out of the

sinking funds created as provided in this chapter.
N.D. Cent. Code § 61-03-10 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-10
61-03-10. Custodian of government plats
Status: in_force

61-03-10. Custodian of government plats

The department is the custodian of all plats, field notes, and similar records provided to the

state by a federal government entity. Suitable rooms in the capitol building containing vaults for

fireproof protection and the safekeeping of the records must be provided to the department.
N.D. Cent. Code § 61-12-35 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-35
61-12-35. Compensation of members of the board
Status: in_force

61-12-35. Compensation of members of the board

Each member of a board of flood irrigation shall receive for services three dollars per day

for the time actually spent by the member in the performance of the duties of office. Any

member or officer of the board may receive additional compensation for special services

rendered to the board and under the authority thereof.
N.D. Cent. Code § 61-35-92 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-92
61-35-92. Bids - Filing - Sealing - Endorsing - Opening - Considering
Status: in_force

61-35-92. Bids - Filing - Sealing - Endorsing - Opening - Considering

Bids for the work to be let under this chapter must be forwarded to the district office and

must be sealed securely to prevent opening without detection. There must be endorsed upon

the outside of the envelope containing the bid a statement of what work the proposal is for. The

bids must be opened by the board at the expiration of the time limited in the advertisement for

receiving the same, which may not be less than fifteen days after the first publication of the

advertisement, or at such other time as the board may appoint. Only bids that are accompanied

by the bond provided for in section 61-35-89 may be considered by the board.
N.D. Cent. Code § 61-08-14 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-14
61-08-14. Awarding sale of bond issue - Rejecting bids
Status: in_force

61-08-14. Awarding sale of bond issue - Rejecting bids

The board of directors shall award the sale of bonds to the bidder who agrees to purchase

them upon the terms most favorable to the district, except that the board may reject any and all

bids. No sale may be for less than ninety-eight percent of the par value and accrued interest on

the bonds.
N.D. Cent. Code § 61-04.1-18 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-18
61-04.1-18. Revocation, suspension, or modification of permit
Status: in_force

61-04.1-18. Revocation, suspension, or modification of permit

The department of water resources may suspend or revoke a permit if it appears that the

permittee no longer has the qualifications necessary for the issuance of an original permit or has

violated any provision of this chapter, or any of the rules adopted under it.

The department may revise the conditions and limits of a permit if:

1. The permittee is given notice and a reasonable opportunity for a hearing, to be held in

accordance with chapter 28-32.

2. It appears to the department that a modification of the conditions and limits of a permit

is necessary to protect the public's health, safety, welfare, or the environment.

If it appears to the department that an emergency situation exists or is impending which could

endanger the public's health, safety, welfare, or the environment, the department may, without

prior notice or hearing, immediately modify the conditions or limits of a permit, or order

temporary suspension of a permit. The issuance of such an order must include notice of a

hearing to be held within ten days thereafter on the question of permanently modifying the

conditions and limits or continuing the suspension of the permit. Failure to comply with an order

temporarily suspending an operation or modifying the conditions and limits of a permit is

grounds for immediate revocation of the license and permit of the person controlling or engaged

in the operation.
N.D. Cent. Code § 61-01-11 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-11
61-01-11. Removing or injuring piles - Penalty
Status: repealed

61-01-11. Removing or injuring piles - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 61-01-09 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-09
61-01-09. Destruction of dams - Penalty
Status: in_force

61-01-09. Destruction of dams - Penalty

Every person who willfully destroys or tampers with any dam or structure erected to retain

water or any embankment necessary for the support thereof, or who willfully makes or causes to

be made, any aperture in such dam or embankment, with intent to destroy the same, is guilty of

a class A misdemeanor.
N.D. Cent. Code § 61-16.1-53.1 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-53.1
61-16.1-53.1. Appeal of board decisions - Department of water resources review - Closing of noncomplying dams, dikes, or other devices for water conservation, flood control, regulation, and watershed improvement
Status: in_force

61-16.1-53.1. Appeal of board decisions - Department of water resources review -

Closing of noncomplying dams, dikes, or other devices for water conservation, flood

control, regulation, and watershed improvement.

1. The board shall make the decision required by section 61-16.1-53 within a reasonable

time, not exceeding one hundred twenty days, after receiving the complaint. The board

shall notify all parties of its decision by certified mail. Any aggrieved party may appeal

the board's decision to the department of water resources. The appeal to the

department must be made within thirty days from the date notice of the board's

decision has been received. The appeal must be made by submitting a written notice

to the department which must state specifically the reason why the board's decision is

erroneous. The appealing party also shall submit copies of the written appeal notice to

the board and to all nonappealing parties. Upon receipt of this notice the board, if it

has ordered removal of a dam, dike, or other device, is relieved of its obligation to

procure the removal of the dam, dike, or other device. The department shall handle the

appeal by conducting an independent investigation and making an independent

determination of the matter. The department may enter property affected by the

complaint to investigate the complaint.

2. If the board fails to investigate and make a determination concerning the complaint

within a reasonable time, not exceeding one hundred twenty days, the person filing the

complaint may file the complaint with the department of water resources within one

hundred fifty days of the submittal date of the original complaint. Without reference to

chapter 28-32, the department shall cause the investigation and determination to be

made, either by action against the board or by conducting the investigation and

making the determination.

3. If the department of water resources determines a dam, dike, or other device has been

constructed or established by a landowner or tenant contrary to title 61 or any rules

adopted by the board, the department shall take one of these three actions:

a. Notify the landowner by certified mail at the landowner's post-office address of

record;

b. Return the matter to the jurisdiction of the board along with the investigation

report; or

c. Forward the dam, dike, or other device complaint and investigation report to the

state's attorney.

4. If the department of water resources decides to notify the landowner, the notice must

specify the nature and extent of the noncompliance and state that if the dam, dike, or

other device is not removed within a reasonable time as determined by the

department, but not less than thirty days, the department shall procure the removal of

the dam, dike, or other device and assess the cost of removal against the responsible

landowner's property. If, in the opinion of the department, more than one landowner or

tenant has been responsible, the costs may be assessed on a pro rata basis in

proportion to the responsibility of the landowners. Upon assessment of costs, the

department shall certify the assessment to the county auditor of the county where the

noncomplying dam, dike, or other device is located. The county auditor shall extend

the assessment against the property assessed. Each assessment must be collected

and paid as other property taxes are collected and paid. Assessments collected must

be deposited with the state treasurer and credited to the contract fund established by

section 61-02-64.1.

5. If the department of water resources, after completing the investigation required under

this section, decides to return the matter to the board, a complete copy of the

investigation report must be forwarded to the board and must include the nature and

extent of the noncompliance. Upon having the matter returned to its jurisdiction, the

board shall carry out the department's decision under the terms of this section.

6. If the department of water resources, after completing the investigation required under

this section, decides to forward the dam, dike, or other device complaint to the state's

attorney, a complete copy of the investigation report must also be forwarded and must

include the nature and extent of the noncompliance. The state's attorney shall

prosecute the complaint under the statutory responsibilities prescribed in chapter

11-16.

7. If the department of water resources dismisses the dam, dike, or other device

complaint, the department of water resources shall notify all parties of record to the

appeal and include in its notification the department of water resource's investigation

report, if applicable.

8. In addition to the penalty imposed by the court on conviction under this statute, the

court shall order the dam, dike, or other device removed within a reasonable time

period as the court determines, but not less than thirty days. If the dam, dike, or other

device is not removed within the time prescribed by the court, the court shall procure

the removal of the dam, dike, or other device, and assess the cost against the property

of the landowner responsible, in the same manner as other assessments under

chapter 61-16.1 are levied. If, in the opinion of the court, more than one landowner or

tenant has been responsible, the costs may be assessed on a pro rata basis in

proportion to the responsibility of the landowners.

9. Any party aggrieved by a decision of the department of water resources under this

section may request a hearing under section 61-03-22 and appeal the decision to

district court under chapter 28-32. A hearing by the department of water resources

under this section is a prerequisite to an appeal.
N.D. Cent. Code § 61-04-17 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-17
61-04-17. Surplus water to be delivered to persons entitled to beneficial use - Charges - Compelling delivery
Status: repealed

61-04-17. Surplus water to be delivered to persons entitled to beneficial use -

Charges - Compelling delivery.

Repealed by S.L. 2019, ch. 508, § 33.
N.D. Cent. Code § 61-16.1-32 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-32
61-16.1-32. Collection of tax or assessment levied not to be enjoined or declared void - Exceptions
Status: in_force

61-16.1-32. Collection of tax or assessment levied not to be enjoined or declared

void - Exceptions.

The collection of any tax or assessment levied or ordered to be levied to pay for the location

and construction of any project under the provisions of this chapter shall not be enjoined

perpetually or absolutely declared void by reason of any of the following:

1. Any error of any officer or board in the location and establishment thereof.

2. Any error or informality appearing in the record of the proceedings by which any

project was established.

3. A lack of any proper conveyance or condemnation of the right of way.

The court in which any proceeding is brought to reverse or declare void the proceedings by

which any project has been established, or to enjoin the tax levied to pay therefor, on application

of either party, shall order examination of the premises, or survey of the same, or both, as may

be deemed necessary. The court, on a final hearing, shall enter an order which is just and

equitable, and may order the tax or any part thereof to remain on the tax lists for collection, or if

the tax were paid under protest, may order, if justice requires, the whole or any part thereof to

be refunded. The costs of such proceedings shall be apportioned among the parties as justice

may require.
N.D. Cent. Code § 61-16.2-10 — ND Code / Title 61 / Chapter 61-16.2 / Section 61-16.2-10
61-16.2-10. Exceptions
Status: in_force

61-16.2-10. Exceptions

This chapter shall not apply to the following actions or construction, as long as the

flood-carrying capacity within the altered or relocated portion of any watercourse is maintained,

and the cumulative effect of any such action or construction will not increase the water surface

elevation of the base flood more than one foot [30.48 centimeters] at any point:

1. Ring dikes around individual farmsteads which are not constructed with tiebacks to

existing roadways or dikes. For the purposes of this section, "ring dike" means an

embankment constructed of earth or other suitable materials for purposes of enclosing

a farmstead consisting of a farm dwelling and associated farm buildings.

2. Agricultural dikes along the Red River of the North and Bois de Sioux River which are

constructed pursuant to and in accordance with any joint and cooperative agreements

between North Dakota and Minnesota for the establishment of criteria for authorizing

dikes and other flood control structures and measures on the Red River of the North

and Bois de Sioux River.

Any exception to the national flood insurance program [42 U.S.C. 4001 et seq.] and

implementing regulations granted by the appropriate federal agency to a community which is

participating in the national flood insurance program [42 U.S.C. 4001 et seq.] shall be an

approved exception pursuant to this section.
N.D. Cent. Code § 61-24.8-09 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-09
61-24.8-09. Engineer's report required - Contents
Status: in_force

61-24.8-09. Engineer's report required - Contents

After a special improvement district has been created, the board, if the board determines it

necessary to make any of the improvement set out in section 61-24.8-05 in the manner provided

in this chapter, shall direct the engineer for the district, or another registered professional

engineer, to prepare a report as to the general nature, purpose, and feasibility of the proposed

improvement. The engineer shall prepare profiles, plans, and specifications of the proposed

project and estimates of the total cost. The estimate of costs prepared by the engineer must

include acquisition of right of way and other costs specified in section 61-24.8-19 and must be in

sufficient detail to allow the board to determine the probable share of the total costs that will be

assessed against each of the affected landowners in the proposed assessment district.
N.D. Cent. Code § 61-35-37 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-37
61-35-37. Bonds exempt from taxation
Status: in_force

61-35-37. Bonds exempt from taxation

Bonds issued under this chapter and their income are exempt from taxation by the state or

by any political subdivision.
N.D. Cent. Code § 61-16.1-59 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-59
61-16.1-59. Proceedings to confirm contracts, special assessments, and other acts
Status: in_force

61-16.1-59. Proceedings to confirm contracts, special assessments, and other acts

Before a water resource board enters a contract, levies special assessments, issues special

assessment warrants, or takes any special action, or if a water resource board in a common

river basin does not agree to meet or cooperate in good faith as required under section

61-16.1-15.1, a water resource board may commence a special proceeding in district court by

which the proceeding leading up to the making of a contract, levying special assessments,

issuing special assessment warrants, or leading up to any other special action, including a

request to cooperate under section 61-16.1-15.1, shall be judicially examined, approved, and

confirmed. The court may award reasonable attorneys' fees and costs if a water resource board

fails to cooperate or act in good faith under section 61-16.1-15.1. Any judicial proceeding

commenced under this section shall comply substantially with the procedure required in the

case of judicial confirmation of proceedings, acts, and contracts of an irrigation district.
N.D. Cent. Code § 61-16-31 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-31
61-16-31. Sale of property when general and special assessment taxes are delinquent
Status: repealed

61-16-31. Sale of property when general and special assessment taxes are

delinquent.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-04.1-37 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-37
61-04.1-37. Liability of controller
Status: in_force

61-04.1-37. Liability of controller

1. An operation conducted under the license and permit requirements of this chapter is

not an ultrahazardous or abnormally dangerous activity which makes the permittee

subject to liability without fault.

2. Dissemination of materials and substances into the atmosphere by a permittee acting

within the conditions and limits of the permittee's permit do not constitute trespass.

3. Except as provided in this section and in section 61-04.1-36, this chapter does not

prevent any person adversely affected by a weather modification operation from

recovering damages resulting from negligent or intentionally harmful conduct by a

permittee.

4. The fact that a person holds a license or was issued a permit under this chapter, or

that the person has complied with the rules adopted by the department of water

resources under this chapter, is not admissible as a defense in any legal action which

may be brought against the person.
N.D. Cent. Code § 61-02-13 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-13
61-02-13. Employment of assistants
Status: in_force

61-02-13. Employment of assistants

The commission may hire and employ all necessary aid, help, and assistants, including

members of all the professions, for the efficient performance of its powers and duties.
N.D. Cent. Code § 61-24.3-18 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-18
61-24.3-18. Water rates for capital costs - Deposit
Status: in_force

61-24.3-18. Water rates for capital costs - Deposit

Money derived and received from water user entities for capital costs of the southwest

pipeline project may be pledged by the commission for the repayment of bonds issued for the

construction of the southwest pipeline project. Any money not pledged must be deposited by the

commission in the resources trust fund, established pursuant to section 57-51.1-07, and may be

expended only pursuant to legislative appropriation for the purposes specified in subsection 1 of

section 57-51.1-07.
N.D. Cent. Code § 61-02-02 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-02
61-02-02. Definitions
Status: in_force

61-02-02. Definitions

In this chapter, unless the context or subject matter otherwise requires:

1. "Commission" means the state water commission.

2. "Cost of works" includes:

a. The cost of construction, the cost of all lands, property rights, water rights,

easements, and franchises acquired which are deemed necessary for such

construction;

b. The cost of all water rights acquired or exercised by the commission in

connection with the works;

c. The cost of all machinery and equipment, financing charges, interest before and

during construction and for a period not exceeding three years after the

completion of construction;

d. The cost of engineering and legal expenses, plans, specifications, surveys,

estimates of cost, and other expenses necessary or incident to determining the

feasibility or practicability of a project;

e. Administrative expenses;

f. The construction of the works and the placing of the works in operation; and

g. Other expenses necessary or incident to the financing authorized in this chapter,

including funding of debt service, repair and replacement reserves, capitalized

interest, and the payment of bond issuance costs.

3. "Cost-share" means funds appropriated by the legislative assembly or otherwise

transferred by the commission to a local entity under commission policy as

reimbursement for a percentage of the total approved cost of a project approved by

the commission.

4. "Economic analysis" means an estimate of economic benefits and direct costs that

result from the development of a project.

5. "Grant" means a one-time sum of money appropriated by the legislative assembly and

transferred by the commission to a local entity for a particular purpose. A grant is not

dependent on the local entity providing a particular percentage of the cost of the

project.

6. "Life cycle analysis" means the summation of all costs associated with the anticipated

useful life of a project, including project development, land, construction, operation,

maintenance, and disposal or decommissioning.

7. "Loan" means an amount of money lent to a sponsor of a project approved by the

commission to assist with funding approved project components. A loan may be

stand-alone financial assistance.

8. "Owner" includes all individuals, associations, corporations, limited liability companies,

districts, municipalities, and other political subdivisions of this state having any title or

interest in any properties, rights, water rights, easements, or franchises to be acquired.

9. "Project" means a water conveyance project or any one of the works defined in

subsection 11, or any combination of such works, which are physically connected or

jointly managed and operated as a single unit.

10. "Water conveyance project" means any assessment drain, streambank stabilization, or

snagging and clearing of water courses.

11. "Works" includes:

a. All property rights, easements, and franchises relating to and deemed necessary

or convenient for their operation;

b. All water rights acquired and exercised by the commission in connection with

such works;

c. All means of conserving and distributing water, including reservoirs, dams,

diversion canals, distributing canals, channels, lateral ditches, pumping units,

mains, pipelines, treatment plants, and waterworks systems; and

d. All works for the conservation, control, development, storage, treatment,

distribution, and utilization of water, including works for the purpose of irrigation,

flood control, watering stock, supplying water for public, domestic, industrial, and

recreational use, fire protection, and the draining of lands injured or in danger of

injury as a result of such water utilization.
N.D. Cent. Code § 61-39-03 — ND Code / Title 61 / Chapter 61-39 / Section 61-39-03
61-39-03. Lake Agassiz water authority - Board of directors
Status: in_force

61-39-03. Lake Agassiz water authority - Board of directors

1. The authority must be governed by a board of directors selected as follows:

a. One member from a city with a population greater than forty thousand located

east of state highway 1 and north of state highway 200.

b. Two members from differing cities with a population greater than forty thousand

located east of state highway 1 and south of state highway 200.

c. One member from a city with a population of five thousand but not more than

forty thousand located east of state highway 1.

d. One member from a city with a population of less than five thousand located east

of state highway 1.

e. Two members from water districts located east of state highway 1 and north of

state highway 200.

f. Two members from water districts located east of state highway 1 and south of

state highway 200.

g. One member from water districts located east of state highway 1.

h. One member from a Minnesota city with a population of more than thirty thousand

and which is located within five miles [8.05 kilometers] of this state.

i. One member from water districts located west of state highway 1.

j. One member from a city west of state highway 1.

2. North Dakota city members must be selected for two-year terms by election by cities

during the annual meeting of the North Dakota league of cities in every odd-numbered

year beginning in 2003. Cities that have paid dues in the calendar year the vote is

taken, or signed a development agreement or other participation agreement with the

authority before the date of the election, are eligible to vote. Water district members

must be selected for two-year terms by election by water districts during the annual

meeting of the North Dakota rural water systems association in every even-numbered

year beginning in 2004. Water districts that have paid dues in the calendar year the

vote is taken, or have signed a development agreement or other participation

agreement with the authority before the date of the election, are eligible to vote. For

elections of board members after July 1, 2017, a candidate for board member must

have a development agreement, water supply contract, or project participation

agreement with the authority or the Garrison Diversion Conservancy District. The initial

Minnesota city is Moorhead, as it is an associate member of the authority. Moorhead

will serve in this capacity until the league of Minnesota cities annual conference in

2006. During even-numbered years thereafter, Minnesota cities within five miles [8.05

kilometers] of the Red River or that use the Red River as a primary water supply may

elect their representative. A member may designate an alternate to attend meetings

and to act on the member's behalf. The board of directors may designate associate

members who are nonvoting members of the board.
N.D. Cent. Code § 61-24.8-22 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-22
61-24.8-22. Irrigation improvements in districts - Paid by service charges
Status: in_force

61-24.8-22. Irrigation improvements in districts - Paid by service charges

The district constructing an irrigation improvement under the special assessment method

may resolve in the resolution required by section 61-24.8-07 that a portion of the cost of the

improvement must be raised by service charges for the use of the improvement and of the utility

of which it forms a part. If the district so resolves, it may determine in its resolutions, and other

proceedings relating to the levying of special assessments and the issuing of bonds to pay the

cost of such improvement that a specified portion or all of such special assessments may be

reduced each year by the amount of revenues on deposit in the fund required by section
N.D. Cent. Code § 61-10-06 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-06
61-10-06. Power of board to reject or grant petition for inclusion of land - Survey required
Status: repealed

61-10-06. Power of board to reject or grant petition for inclusion of land - Survey

required.

Repealed by S.L. 1959, ch. 410, § 15.