N.D. Cent. Code § 61-39-05 — ND Code / Title 61 / Chapter 61-39 / Section 61-39-05
61-39-05. Authority of the Lake Agassiz water authority
Status: in_force

61-39-05. Authority of the Lake Agassiz water authority

The board of directors of the Lake Agassiz water authority may:

1. Sue and be sued in the name of the authority.

2. Exercise the power of eminent domain in the manner provided by title 32 for the

purpose of acquiring and securing any rights, titles, interests, estates, or easements

necessary or proper to carry out the duties imposed by this chapter, and particularly to

acquire the necessary rights in land for the construction of pipelines, reservoirs,

connections, valves, pumping installations, or other facilities for the storage,

transportation, or utilization of water and all other appurtenant facilities used in

connection with the authority, or any part thereof.

3. Accept funds, property, and services or other assistance, financial or otherwise, from

federal, state, and other public or private sources for the purpose of aiding and

promoting the construction, maintenance, and operation of the authority.

4. Cooperate and contract with the agencies or political subdivisions of the state of North

Dakota or other states, in research and investigation or other activities promoting the

establishment, construction, development, or operation of the authority.

5. Appoint and fix the compensation and reimbursement of expenses of such employees

as the board deems necessary to conduct the business and affairs of the authority and

to procure the services of engineers and other technical experts, and to retain

attorneys to assist, advise, and act for the authority in its proceedings.

6. Operate and manage the authority to distribute water to its members and others within

or outside the territorial boundaries of this state.

7. Sell or exchange any and all real property purchased or acquired by the authority. All

money received from any such sale or exchange must be deposited to the credit of the

authority and may be used to pay expenses of the authority.

8. Enter contracts to provide for a supply of bulk water from the Garrison Diversion

Conservancy District which may provide for payments to fund some or all of the

Garrison Diversion Conservancy District's costs of acquiring, designing, constructing,

or reconstructing one or more features of a Red River valley water supply project that

the Garrison Diversion Conservancy District may acquire, design, construct, improve,

and own, as well as the Garrison Diversion Conservancy District's costs of operating

and maintaining one or more Red River valley water supply projects, whether the

acquisition, construction, or reconstruction of any Red River valley water supply

project actually is completed and whether water actually is delivered pursuant to the

contracts. Contracts executed under this subsection may be executed without

limitation on the term of years and, if executed in relation to the initial construction of

the system, need not be submitted to the voters for approval.

9. Enter a contract or contracts to provide for a bulk sale, lease, or other supply of water

for beneficial use to persons within or outside the authority, which contract or contracts

may provide for payments to fund some or all of the Garrison Diversion Conservancy

District's costs of acquiring, designing, constructing, or reconstructing one or more

features of a Red River valley water supply project, as well as the Garrison Diversion

Conservancy District's costs of operating and maintaining one or more features of a

Red River valley water supply project, whether the acquisition, construction, or

reconstruction of any Red River valley water supply project actually is completed and

whether water actually is delivered pursuant to the contract or contracts, which

contract or contracts cities and water districts that are members of the Lake Agassiz

water authority are authorized to execute without limitation on the term of years.

10. Borrow money from any legal source, including persons listed under section 61-39-11,

the public finance agency through the state revolving fund or capital financing, the

drinking water state revolving fund, the resources trust fund, and other state funding

programs as provided in this chapter.

11. Issue and sell revenue bonds for its own benefit or for the benefit of the Garrison

Diversion Conservancy District, in an amount or amounts determined by the board,

including an amount or amounts for costs of issuance and financing, and any

necessary reserve funds, for the purpose of financing the cost of a project, purchasing

bulk water, or otherwise making capital payments required under a water purchase

contract.

12. Lend some or all proceeds of its revenue bonds to the Garrison Diversion

Conservancy District, to the state of North Dakota, or to a political subdivision or public

body within the state, to facilitate the Garrison Diversion Conservancy District's

acquisition, design, construction, reconstruction, or improvement of one or more

features of a Red River valley water supply project, or any feasibility study or

preliminary economic, engineering, or legal work relating to any Red River valley water

supply project.

13. Refund and refinance its bonds from time to time as often as it is advantageous and in

the interest of the authority.

14. Pledge any and all income, profits, and revenues received by the authority in

connection with the operation, lease, sale, or other disposition of all or any part of a

project to secure the payment of bonds issued and sold to finance the project or

otherwise.

15. Prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities, or

commodities furnished by the authority, and in anticipation of the collection of the

revenues of the authority, issue revenue bonds to finance all or part of the costs of the

acquisition, construction, reconstruction, improvement, betterment, or extension of a

project.

16. Pledge revenues of the authority to the punctual payment of principal and interest on

bonds or water purchase contract obligations. A pledge under this subsection applies

to the revenues of improvements, betterments, or extensions of the authority which

may be constructed or acquired after the issuance of bonds, the revenues of existing

systems, plants, works, instrumentalities, and properties of any part of the authority

improved, bettered, or extended, and the revenues received from payments made

under water sale contracts between the authority and persons that contract to

purchase water from the authority.

17. Make all contracts, execute all instruments, and do all things necessary or convenient

in the exercise of its powers or in the performance of its covenants or duties or in order

to secure the payment of its bonds, but an encumbrance, mortgage, or other pledge of

property of the authority may not be created by any such contract or instrument.

18. Accept from any authorized private entity or state or federal agency loans or grants for

the planning, construction, acquisition, lease, or other provision of a project, and to

enter agreements with the entity or agency respecting the loans or grants.

19. Contract debts and borrow money, pledge property of the authority for repayment of

indebtedness other than bonded indebtedness, and provide for payment of debts and

expenses of the authority.

20. Operate and manage the authority to distribute water to western Minnesota cities that

are members of the authority and to any Canadian governmental entity or water

system.

21. Require various capital construction contribution rates, and charge different water

rates for bulk water purchases based on a tiered system that recognizes higher

contributions and water rates for entities that need the project in a drought. Other tiers

with less immediate water needs or industrial needs may be assessed costs and

charges water rates in relation to the cost of incrementally increasing the size of the

project to accommodate those needs or on other bases the authority determines. The

authority may charge higher construction costs or water rates to out-of-state entities

based on the level of state funding supporting the project. Costs and charges also may

vary according to the infrastructure assigned to each entity.

Property of the authority may not be liable to be forfeited or taken in payment of any bonds

issued under this chapter, and debt on the general credit of the authority may not be incurred in

any manner for payment of bonds under this chapter.
N.D. Cent. Code § 61-16.1-42 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-42
61-16.1-42. Drains along and across public roads and railroads
Status: in_force

61-16.1-42. Drains along and across public roads and railroads

1. Drains may be laid along, within the limits of, or across any public road or highway, but

not to the injury of the road. If, during the preparation of the report required under

section 61-16.1-17, a water resource board discovers it may be necessary to run a

drain across a highway, the water resource board shall notify and solicit guidance from

the department of transportation, board of county commissioners, or board of township

supervisors, as the case may be, as soon as practicable. If the water resource board

determines the drain must be run across the highway after considering any guidance

received from the department of transportation, board of county commissioners, or

board of township supervisors, the department of transportation, board of county

commissioners, or board of township supervisors shall make necessary openings

through the road or highway at its own expense after receiving notice of the water

resource board's determination. The cost to build, maintain, and repair the culverts or

bridges must be allocated as provided under section 61-16.1-43. In instances where

drains are laid along or within the rights of way of roads or highways, the drains shall

be maintained and kept open by and at the expense of the water resource district

concerned.

2. A drain may be laid along any railroad when necessary, but not to the injury of the

railroad. If, during the preparation of the report required under section 61-16.1-17, a

water resource board discovers it may be necessary to run a drain across a railroad,

the water resource board shall notify and solicit guidance from the railroad company

as soon as practicable. If the water resource board determines the drain must be run

across the railroad after considering any guidance received from the railroad company,

the railroad company, when notified of the water resource board's determination, shall

make the necessary opening through such railroad, build the required bridges and

culverts, and keep them in repair.
N.D. Cent. Code § 61-16-45 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-45
61-16-45. Validating organization and acts of water conservation and flood control districts
Status: repealed

61-16-45. Validating organization and acts of water conservation and flood control

districts.

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 61-10-36 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-36
61-10-36. Election to determine exclusion of land - Notice of election - Form of ballot - Conduct of election
Status: in_force

61-10-36. Election to determine exclusion of land - Notice of election - Form of ballot -

Conduct of election.

If electors who together own at least ten percent of the whole number of irrigable acres

[hectares] in the district object in writing to the exclusion of such land, the board shall by

resolution order an election to submit to the electors of the district the question whether or not

the lands mentioned in the petition, or any part thereof, shall be excluded. Notice of such

election, describing the lands proposed for exclusion from the district, shall be given in the

manner provided for a regular election of the district. The ballot at such election shall be

substantially in the following form:

Shall the tracts of land described in the notice of this election be excluded from the

irrigation district?

Yes (for exclusion of lands) ☐

No (against exclusion of lands) ☐

The election shall be conducted substantially as a general election of an irrigation district is

conducted.
N.D. Cent. Code § 61-10-33 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-33
61-10-33. Notice of hearing of petition
Status: in_force

61-10-33. Notice of hearing of petition

The secretary of the board of directors shall cause notice of the filing and hearing of a

petition for exclusion of lands from an irrigation district to be published in the manner provided

for a regular election of the district. The notice shall state the names of petitioners, the

description of each tract of land mentioned in the petition, and the prayer of the petition. The

notice shall notify all persons affected by the proposed exclusion of lands from the district, to

appear at the time and place specified therein and show cause in writing or in person, if any

they have, why the lands described in the petition should not be excluded. If a petition

requesting the exclusion of lands does not describe any lands which are susceptible of irrigation

by the irrigation works of the district, the board may exclude the lands from the district without

notice or hearing.
N.D. Cent. Code § 61-05-02.1 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-02.1
61-05-02.1. Creation and jurisdiction of irrigation district - Limitations
Status: in_force

61-05-02.1. Creation and jurisdiction of irrigation district - Limitations

Notwithstanding section 61-05-02, an irrigation district may not be created if the primary

purpose of the district is to provide drainage benefits to residents of the district. A drainage

project proposed, undertaken, approved, or subject to assessment by an irrigation district also is

subject to the permit requirements under chapter 61-32. Drainage benefits provided by an

irrigation district may not impact the authority of a water resource board to assess for drainage

projects under chapter 61-16.1.
N.D. Cent. Code § 61-35-77 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-77
61-35-77. Certification of assessments to county auditor
Status: in_force

61-35-77. Certification of assessments to county auditor

When a district 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 are to bear, which rate may not exceed one and one-half percent above the bond

rate. Interest on unpaid special assessments commences on the date the assessments are

finally confirmed 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 date of the bonds 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 such special assessments

are situated, the total amount assessed against each piece, parcel, lot, or tract of land. The

secretary of the district shall also file with the county auditor of each county in which district

lands lie a statement showing the cost of the project and the part of the project 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 district board shall prorate the cost

of construction or, if a reassessment of benefits has been adopted, the costs must be prorated

in accordance with the reassessment of benefits as authorized by section 61-35-65. The district

treasurer shall annually certify to the county auditor all uncertified installments of assessments

which are to be extended upon the tax lists of the district for the current year, in the manner

provided in this section. The annual certification must continue until the amount of moneys on

deposit in the fund established under section 61-35-83 is sufficient to cover outstanding

principal of and interest on any obligations issued to fund the projects, and in addition, to repay

the district for any payments made by the district to fund deficiencies in the fund established

under section 61-35-83.
N.D. Cent. Code § 61-24-09 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-09
61-24-09. District budget - Determination of amount to be levied - Adoption of levy - Limitation
Status: in_force

61-24-09. District budget - Determination of amount to be levied - Adoption of levy -

Limitation.

In July of each year, the board of directors shall estimate and itemize all the expenses and

obligations of the district, including expenses of directors, expenses of operating the office, debt

service and retirement, and obligations and liabilities to the United States for which provision

must be made. The board of directors may include in such budget funds deemed necessary to

create reserve funds to meet future payments under district contracts. Upon the completion and

adoption of such budget, the board of directors shall make a tax levy in an amount sufficient to

meet such budget. Such levy shall be in the form of a resolution, adopted by a majority vote of

the members of the board of directors of the district. Such resolution shall levy in mills, but not

exceeding one mill, sufficient to meet all the expenses, obligations, and liabilities of the district

as provided in the budget.
N.D. Cent. Code § 61-04-28 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-28
61-04-28. Correction of application or water right by department of water resources
Status: in_force

61-04-28. Correction of application or water right by department of water resources

Upon proof satisfactory to the department of water resources that a water permit application

or water permit contains a nonmaterial error, the department, by written notice to the holder of

the affected water permit or application, may correct the error without publication of notice.
N.D. Cent. Code § 61-02-68.1 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.1
61-02-68.1. Borrowing on interim notes - Expenses paid and loans made from proceeds - Issuance of notes
Status: in_force

61-02-68.1. Borrowing on interim notes - Expenses paid and loans made from

proceeds - Issuance of notes.

The commission, pursuant to appropriate resolution, and in order to carry out the business

of developing the water resources of this state as provided in this chapter, may borrow money

and issue interim financing notes (the terms "interim notes" or "notes", unless the context

otherwise requires, may be used in sections 61-02-68.1 through 61-02-68.19 in lieu of the term

"interim financing notes") in evidence thereof in order to provide owners with construction period

financing. The construction period financing may include the costs of construction of works or

projects, funding of debt service reserves and capitalized interest, and the payment of the costs

of issuance.
N.D. Cent. Code § 61-16.1-59.2 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-59.2
61-16.1-59.2. Existing obligations and regulations
Status: repealed

61-16.1-59.2. Existing obligations and regulations

Except as specified, amendments to this chapter do not affect the validity of any valid

outstanding warrants, bonds, or other obligations of drainage districts, and all sinking funds

created for the payment of these obligations continue in force until the liquidation of the

obligations. All valid rules adopted by any board of county commissioners or board of drainage

commissioners remain in full force and effect until altered or repealed by the board.
N.D. Cent. Code § 61-31-06 — ND Code / Title 61 / Chapter 61-31 / Section 61-31-06
61-31-06. Renewal of agreement - Transfer of lands
Status: in_force

61-31-06. Renewal of agreement - Transfer of lands

Any agreement may be renewed or extended at the end of the agreement period for an

additional period of five or ten years by mutual agreement of the commissioner and the

landowner, subject to any rate redetermination by the commissioner. If during the agreement

period the landowner sells or otherwise divests the ownership or right of occupancy of the land,

the new landowner may continue such agreement under the same terms or conditions, or enter

into a new agreement in accordance with the provisions of this section, including the provisions

for renewal and adjustment of payment rates, or the new landowner may choose not to

participate in the program.
N.D. Cent. Code § 61-24.5-05 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-05
61-24.5-05. Initial board of directors
Status: repealed

61-24.5-05. Initial board of directors

Repealed by S.L. 2001, ch. 569, § 4.
N.D. Cent. Code § 61-03-21.2 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-21.2
61-03-21.2. Removal or modification of unsafe or unauthorized works
Status: in_force

61-03-21.2. Removal or modification of unsafe or unauthorized works

If the department determines works are unsafe or unauthorized, the department shall notify

the landowners by registered mail at the landowner's last-known post-office address of record. A

copy of the notice also must be sent to any tenant, if the department has actual knowledge of

the fact that a tenant exists. The notice must specify the nature and extent of the noncompliance

and the modifications necessary for compliance, and must state if the works are not modified or

removed within the period stated in the notice, but not less than thirty days, the department shall

cause the removal or modification of the works and assess the cost of the removal or

modification, or a portion of the cost as the department determines, against the property of the

landowner responsible. The notice also must state the affected landowner may demand in

writing a hearing on the matter within fifteen days of the date the notice is mailed. The request

for a hearing must state with particularity the issues, facts, and points of law to be presented at

the hearing. If the department determines the issues, facts, and law to be presented are

well-founded and not frivolous, and the request for a hearing was not made merely to interpose

delay, the department shall set a hearing date without undue delay. In an emergency, the

department immediately may apply to the appropriate district court for an injunction prohibiting

the landowner or tenant from constructing or maintaining the works, or ordering the landowner

to remove or modify the works. Any assessments levied under this section must be collected in

the same manner as other assessments authorized by this title. If, in the opinion of the director,

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. Any person aggrieved by a

decision of the department under this section may appeal the decision to the district court of the

county in which the land is located in accordance with chapter 28-32. A hearing under this

section is a prerequisite to an appeal unless the hearing was denied by the department.

For purposes of this section, the term "works" includes dams, dikes, wells, or other devices

for water conservation, flood control, regulation, storage, diversion, or carriage of water.
N.D. Cent. Code § 61-16-26 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-26
61-16-26. Assessment list to be prepared - Contents - Certificate attached to assessment list - Preparation of assessment list and notice of hearing of objection to list - Alteration of assessments at hearing - Limitations - Confirmation of assessment list of board certifying list - Filing
Status: repealed

61-16-26. Assessment list to be prepared - Contents - Certificate attached to

assessment list - Preparation of assessment list and notice of hearing of objection to

list - Alteration of assessments at hearing - Limitations - Confirmation of assessment list

of board certifying list - Filing.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-11-04 — ND Code / Title 61 / Chapter 61-11 / Section 61-11-04
61-11-04. Conduct of election - Canvassing and reporting result of election
Status: in_force

61-11-04. Conduct of election - Canvassing and reporting result of election

An election on the question of dissolution in all respects must be conducted, and the votes

canvassed, in the same manner as provided for a regular election of the district. A certified copy

of the statement of the election result by the district's board of directors and all ballots, lists, tally

sheets, and other documents pertaining to the election must be forwarded to the department of

water resources by registered or certified mail or express.
N.D. Cent. Code § 61-35-29 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-29
61-35-29. Authorization to organize association of rural water systems
Status: in_force

61-35-29. Authorization to organize association of rural water systems

A district, upon resolution of the district board, may organize and participate in an

association of rural water systems organized under chapter 10-33.
N.D. Cent. Code § 61-16-35 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-35
61-16-35. Financial reports - Liability for deficiencies
Status: repealed

61-16-35. Financial reports - Liability for deficiencies

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-24-22 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-22
61-24-22. Resolution authorizing the issuance of revenue bonds
Status: in_force

61-24-22. Resolution authorizing the issuance of revenue bonds

1. The issuance of revenue bonds or refunding bonds must be authorized by a resolution

of the board adopted after appropriate notice by the affirmative vote of a majority of the

board. Unless otherwise provided in the resolution, the resolution under this section

takes effect immediately and need not be laid over, published, or posted.

2. Each resolution providing for the issuance of bonds provided for in this chapter must

contain the purposes for which the bonds are to be issued, the provisions for payment

of the bonds, and the revenues or other funds pledged to secure the payment of the

bonds.
N.D. Cent. Code § 61-10-14 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-14
61-10-14. Exclusion of land from district - Petition for - Contents - Description of lands in - Acknowledging
Status: repealed

61-10-14. Exclusion of land from district - Petition for - Contents - Description of

lands in - Acknowledging.

Repealed by S.L. 1959, ch. 410, § 15.
N.D. Cent. Code § 61-24.6-08.1 — ND Code / Title 61 / Chapter 61-24.6 / Section 61-24.6-08.1
61-24.6-08.1. Biota water treatment plant operating fund - Continuing appropriation
Status: in_force

61-24.6-08.1. Biota water treatment plant operating fund - Continuing appropriation

The biota water treatment plant operating fund is a special fund in the state treasury into

which all federal funds received for the operation of the northwest area water supply's biota

water treatment plant must be deposited. All moneys in the fund are appropriated to the

department of water resources on a continuing basis for operations of the biota water treatment

plant.
N.D. Cent. Code § 61-16-21 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-21
61-16-21. Financing project through special assessments or partly through general taxes and partly through special assessments - Apportionment of benefits
Status: repealed

61-16-21. Financing project through special assessments or partly through general

taxes and partly through special assessments - Apportionment of benefits.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-24-25 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-25
61-24-25. Notes issued pending preparation of bonds - Negotiability
Status: in_force

61-24-25. Notes issued pending preparation of bonds - Negotiability

Pending the issuance of bonds, bond anticipation notes may be issued and sold in the form

and with the provisions determined by the district.
N.D. Cent. Code § 61-40-11 — ND Code / Title 61 / Chapter 61-40 / Section 61-40-11
61-40-11. Water rates
Status: in_force

61-40-11. Water rates

The authority shall provide a report on the rates to the commission and legislative

management's water topics overview committee on a regular basis. The authority shall develop

domestic water rates that must include all costs for operation, maintenance, and operating and

capital reserves, and debt repayment of all infrastructure managed or constructed by the

authority, with the exception of the costs identified in section 61-40-10 which are paid for by

industrial water depot and lateral sales.
N.D. Cent. Code § 61-35-32 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-32
61-35-32. Cost of project - How determined
Status: in_force

61-35-32. Cost of project - How determined

In determining the cost of a project, the board may include the estimated cost of bond

issuance, all engineering, inspection, fiscal, and legal expenses, any bond reserves, and the

estimated interest that will accrue during construction, and within six months after completion of

construction.
N.D. Cent. Code § 61-16-08 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-08
61-16-08. Eligibility for appointment to board - Term of office - Removal - Filling vacancies - Compensation of managers
Status: in_force

61-16-08. Eligibility for appointment to board - Term of office - Removal - Filling

vacancies - Compensation of managers.

1. When a water resource district has been created, any resident landowner in the

district, except a county commissioner, is eligible, subject to the provisions of this

section, for appointment to the water resource board. After June 30, 1985, when the

term of office of a district manager has expired, the manager's successor shall hold

office for three years from the first day of January next following the date of the

successor's appointment. The term of office of a manager does not terminate until the

successor in office is appointed and qualified. In case the office of any district manager

becomes vacant, the manager appointed to fill the vacancy shall serve the unexpired

term of the manager whose office became vacant. Within three months after the start

of an individual's term as a district manager, the individual shall attend a course on

water management, and each district manager shall attend a course on water

management every three years during the manager's term.

2. While performing duties as a member of a water resource board, each member is

entitled to receive compensation of at least seventy-five dollars per day but not more

than the rate set for a member of the legislative assembly under section 54-03-20, an

allowance for meals at the same rates and under the same conditions as provided by

law for state officials and employees, and reimbursement of lodging and other

necessary travel expenses at the same rate and under the same conditions as

provided by law for state officials and employees. A request for an allowance or

reimbursement must be evidenced by a subvoucher or receipt as provided by section

21-05-01.

3. A manager may be removed from the board by the board of county commissioners

after it appears to the board of county commissioners by competent evidence, and

after a public hearing, if so requested by the manager subject to removal, at which

hearing the manager must be apprised of and allowed ample opportunity to repudiate

the evidence, that the manager has been guilty of misconduct, malfeasance, crime in

office, neglect of duty in office, habitual drunkenness, gross incompetency, or inability

to perform the duties of office for reasons of health.
N.D. Cent. Code § 61-35-59 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-59
61-35-59. Voting on proposed projects
Status: in_force

61-35-59. Voting on proposed projects

At the hearing, the affected landowners and any county, township, or city to be assessed

must be informed when and where votes concerning the proposed project may be filed. Affected

landowners and the governing body of any county, township, or city to be assessed have thirty

days after the date of the hearing to file their votes with the secretary of the district. Once the

deadline for filing votes has been reached, no more votes may be filed and no person may

withdraw a vote. Any withdrawal of a vote concerning the proposed project before that time must

be in writing. When the votes have been filed and the deadline for filing votes has passed, the

board shall immediately determine whether the project is approved. If the board finds that fifty

percent or more of the total votes filed are against the proposed project, then the vote

constitutes a bar against proceeding further with the project. If the board finds that the number

of votes filed against the proposed project is less than fifty percent of the votes filed, the board

shall issue an order establishing the proposed project and may proceed, after complying with

the requirements of sections 61-35-62 and 61-35-63, to contract or provide for the construction

or maintenance of the project in substantially the manner and according to the forms and

procedure provided in sections 61-35-88 through 61-35-103. The board may enter into any

agreement with any federal or state agency under the terms of which the contract for the project

is to be let by the federal agency, the state agency, or a combination thereof. In projects where

there is an agreement that a party other than the board will let the contract, the board may

dispense with all of the requirements of sections 61-35-88 through 61-35-103. Upon making an

order establishing or denying establishment of a project, the board shall publish notice of the

order in a newspaper of general circulation in the area in which the affected landowners reside

and in the official county newspaper of each county in which the benefited lands are located.

Any right of appeal begins to run on the date of publication of the notice.
N.D. Cent. Code § 61-35-30 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-30
61-35-30. Resolution authorizing project and the issuance of revenue bonds
Status: in_force

61-35-30. Resolution authorizing project and the issuance of revenue bonds

The acquisition, construction, reconstruction, improvement, betterment, or extension of any

project and the issuance of bonds in anticipation of the collection of the revenues of such project

to provide funds to pay the associated costs may be authorized by a resolution of the board

adopted after appropriate notice by the affirmative vote of a majority of the board. The amount

of such bonds may not exceed the amount authorized by the participating members of the

district as provided in this chapter. Unless otherwise provided in the resolution, the resolution

under this section takes effect immediately and need not be laid over, published, or posted.
N.D. Cent. Code § 61-24.8-23 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-23
61-24.8-23. Abbreviations, letters, or figures
Status: in_force

61-24.8-23. Abbreviations, letters, or figures

In all proceedings for the levy and collection of special assessments, abbreviations, letters,

and figures may be used to denote all or parts of additions, lots, lands, blocks, sections,

townships, ranges, years, days of the month, and amounts of money.
N.D. Cent. Code § 61-12-39 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-39
61-12-39. Payment of entire assessment by landowner
Status: in_force

61-12-39. The money paid in shall be used to take up warrants, and the bonds issued shall be

for such an amount as will pay the remainder of the cost of construction.
N.D. Cent. Code § 61-04-05.1 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-05.1
61-04-05.1. Comments - Hearing
Status: in_force

61-04-05.1. Comments - Hearing

1. Comments regarding a proposed appropriation must be in writing and filed by the date

specified by the department of water resources under subsection 5 of section
N.D. Cent. Code § 61-35-71 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-71
61-35-71. Defects and irregularities in improvement proceedings are not fatal
Status: in_force

61-35-71. Defects and irregularities in improvement proceedings are not fatal

Defects and irregularities in any proceedings had or to be had under this chapter relating to

district improvements by the special assessment method, if the proceedings are for a lawful

purpose and are unaffected by fraud and do not violate any constitutional limitation or

restriction, do not invalidate the proceedings, and no action may be commenced or maintained

and no defense or counterclaim in any action may be recognized in the courts of this state

founded on any such defects or irregularities in the proceedings, unless commenced within

thirty days of the adoption of the resolution of the board awarding the sale of bonds to finance

the improvement.
N.D. Cent. Code § 61-10-23 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-23
61-10-23. Redivision of district
Status: repealed

61-10-23. Redivision of district

Repealed by S.L. 1959, ch. 410, § 15.
N.D. Cent. Code § 61-16.1-07 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-07
61-16.1-07. District may issue warrants in anticipation of taxes levied to pay current expenses
Status: in_force

61-16.1-07. District may issue warrants in anticipation of taxes levied to pay current

expenses.

After a district has been established and organized and a water resource board has been

appointed, the water resource board, for the purpose of paying current district expenses,

including per diem, compensation, and expenses of managers and wages or salaries of officers

and employees, by resolution, may authorize and issue district warrants in anticipation of and

pending collection and receipt of taxes levied. The warrants shall bear the rate of interest set by

the board, which shall not exceed twelve percent per annum on those issues sold at private

sale. There is no interest rate ceiling on warrants sold at public sale or to the state of North

Dakota or any of its agencies or instrumentalities. The district treasurer shall keep a register in

which to enter each warrant issued, showing the date and amount of each warrant, the date of

payment, and the amount paid in redemption thereof. All warrants shall be paid in order of their

presentation for payment to the district treasurer. The warrants shall be drawn to the claimant or

bearer in the same manner as a county warrant and shall be signed by the chairman of the

water resource board and countersigned by the treasurer of the district. The aggregate total

amount of warrants issued in any year to pay current district expenses shall not exceed eighty

percent of the district's tax levy for that year.
N.D. Cent. Code § 61-04-10 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-10
61-04-10. Certificate of construction issued when works found in satisfactory condition - Contents
Status: repealed

61-04-10. Certificate of construction issued when works found in satisfactory

condition - Contents.

Repealed by S.L. 1965, ch. 447, § 24.
N.D. Cent. Code § 61-04.1-26 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-26
61-04.1-26. Funding for support of weather modification authority
Status: in_force

61-04.1-26. Funding for support of weather modification authority

The weather modification authority may request annually that the board of county

commissioners provide funding from revenues derived from its general fund levy for support of

the authority and to provide weather modification services. In the year for which the levy is

sought, the weather modification authority seeking approval of a property tax levy under this

chapter must file with the county auditor, at a time and in a format prescribed by the county

auditor, a financial report for the preceding calendar year showing the ending balances of each

fund held by the authority during that year. The funding under this section approved by the

board of county commissioners must be deposited in the weather modification fund and shall be

used only for weather modification activities in conjunction with the state of North Dakota.
N.D. Cent. Code § 61-16.2-07 — ND Code / Title 61 / Chapter 61-16.2 / Section 61-16.2-07
61-16.2-07. Prohibited uses within floodway
Status: repealed

61-16.2-07. Prohibited uses within floodway

Repealed by S.L. 1983, ch. 682, § 1.
N.D. Cent. Code § 61-16.2-09 — ND Code / Title 61 / Chapter 61-16.2 / Section 61-16.2-09
61-16.2-09. Enforcement and penalties
Status: in_force

61-16.2-09. Enforcement and penalties

1. It is unlawful for any person to establish any use that does not comply with this chapter

within any floodplain without prior written approval of the affected community. Every

use placed in the floodplain in violation of this chapter or a floodplain management

ordinance adopted under or in compliance with the provisions of this chapter, or

adopted under the national flood insurance program [42 U.S.C. 4001 et seq.], is a

public nuisance, and the construction or installation of the use may be enjoined by an

action brought by the department or the appropriate community. The department or

community may obtain a court order directing the removal or elimination of the public

nuisance, or authorizing the department or community to remove the public nuisance

or cause the public nuisance to be removed, at the expense of the owner. A person

who violates any of the provisions of this chapter is guilty of a class B misdemeanor.

2. Any community which fails to adopt or enforce floodplain management ordinances as

required under the national flood insurance program [42 U.S.C. 4001 et seq.] by this

chapter shall not be eligible to receive flood disaster assistance, financial or otherwise,

from this state pursuant to chapter 37-17.1 or other state funds available under any

other authority for flood relief under the national flood insurance program [42 U.S.C.

4001 et seq.] relating to insurable structures located within federal emergency

management agency-identified special flood hazard areas.
N.D. Cent. Code § 61-04-07.1 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-07.1
61-04-07.1. Approval of applications with conditions
Status: repealed

61-04-07.1. Approval of applications with conditions

Repealed by S.L. 1977, ch. 569, § 27.
N.D. Cent. Code § 61-35-75 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-75
61-35-75. Water main and waterworks special assessments extended over a period of not more than thirty years
Status: in_force

61-35-75. Water main and waterworks special assessments extended over a period of

not more than thirty years.

Special assessments for the payment of the cost of constructing or laying any water mains

or constructing any waterworks are payable in equal annual amounts, or in such annual

amounts as will permit the annual increase in payment of principal to approximate the annual

decrease in the interest on amounts remaining unpaid, extending over a period of not more than

thirty years as the board may fix by ordinance or resolution.
N.D. Cent. Code § 61-28-04 — ND Code / Title 61 / Chapter 61-28 / Section 61-28-04
61-28-04. Powers and duties
Status: in_force

61-28-04. Powers and duties

The department shall have and may exercise the following powers and duties:

1. To exercise general supervision of the administration and enforcement of this chapter

and all rules and regulations and orders promulgated thereunder.

2. To develop comprehensive programs for the prevention, control, and abatement of

new or existing pollution of the waters of the state.

3. To advise, consult, and cooperate with other agencies of the state, the federal

government, other states and interstate agencies, and with affected groups, political

subdivisions, and industries in furtherance of the purposes of this chapter.

4. To accept and administer loans and grants from the federal government and from

other sources, public or private, for carrying out any of its functions, which loans and

grants shall not be expended for other than the purposes for which provided.

5. To encourage, participate in, or conduct studies, investigations, research, and

demonstrations relating to water pollution and causes, prevention, control, and

abatement thereof as it may deem advisable and necessary for the discharge of its

duties under this chapter.

6. To collect and disseminate information relating to water pollution and the prevention,

control, and abatement thereof.

7. To issue, modify, or revoke orders:

a. Prohibiting or abating discharges of wastes into the waters of the state.

b. Requiring the construction of new disposal systems or any parts thereof or the

modification, extension, or alteration of existing disposal systems or any parts

thereof, or the adoption of other remedial measures to prevent, control, or abate

pollution.

8. To hold such hearings, to issue notices of hearings and subpoenas requiring the

attendance of such witnesses and the production of such evidence, to administer such

oaths, and to take such testimony as the department deems necessary, and any of

these powers may be exercised on behalf of the department by any members thereof

or a hearing officer designated by it.

9. To require the prior submission of plans, specifications, and other data relative to, and

to inspect the construction of, disposal systems or any part thereof in connection with

the issuance of approvals as are required by this chapter.

10. To require proper maintenance and operation of disposal systems:

a. Have the power to require the owner or operator of any point source to:

(1) Establish and maintain records.

(2) Prepare and submit a report.

(3) Install, use, and maintain monitoring equipment or methods, including,

where appropriate, biological monitoring methods.

(4) Sample effluents.

(5) Provide such other information as the department may reasonably require.

b. Have the right of entry, upon or through any premises in which an effluent source

is located, or in which any records required to be maintained pursuant to

subdivision a are located. Such power may be exercised by authorized agents,

representatives, and employees of the department.

c. Have the power to have access to and copy any records, inspect any monitoring

equipment or method required under subdivision a, or to sample any effluents

being discharged into the waters of the state.

11. To exercise all incidental powers necessary to carry out the purposes of this chapter.

12. The department is hereby designated as the state water pollution control agency for all

purposes of the Federal Water Pollution Control Act, as amended [33 U.S.C. 1251

et seq.], and is hereby authorized to take all action necessary or appropriate to secure

to this state the benefits of that act and similar federal acts.

13. In the administration of standards of water quality, the department shall allow a

reasonable time for persons discharging wastes into the waters of the state to comply

with such standards.

14. To establish and modify, jointly with the state water commission, the classification of all

waters in accordance with their present and future most beneficial uses.

15. The department, with the cooperation of the state water commission, shall formulate

and issue standards of water quality and classification of water according to its most

beneficial uses. Such standards of quality shall be such as to protect the public health

and welfare and the present and prospective future use of such waters for public water

supplies, propagation of fish and aquatic life and wildlife, recreational purposes, and

agricultural, industrial, and other legitimate uses.

16. To adopt effluent and new source performance standards, which include as a minimum

all categories for which the federal government has set standards pursuant to the

Federal Water Pollution Control Act, as amended. Such state standards shall be at

least as stringent as the standards adopted by the federal government.

17. To review from time to time, at intervals of not more than three years, established

classification of waters, water quality standards, and effluent standards.

18. To make rules governing the application for permits to discharge sewage, industrial

wastes, or other wastes into state waters, including rules requiring the filing of plans

and specifications relating to the construction, modification, or operation of disposal

systems.

19. To make rules governing the issuance, denial, modification, or revocation of permits.

20. To hold any hearings necessary for the proper administration of this chapter.

21. To make rules for the administration of this chapter.

22. To initiate actions in court for the enforcement of this chapter.

23. To establish minimum requirements for the treatment of wastes.

24. The department, with the cooperation of other departments, may maintain an action for

damages in the name of the state for violations of the provisions of this chapter.

25. To apply and enforce against industrial users of publicly owned treatment works, toxic

effluent standards and pretreatment standards for the introduction into such treatment

works of wastes which interfere with, pass through, or otherwise are incompatible with

such treatment works. The department may promulgate such rules and regulations as

are necessary to implement this section.

26. To impose as conditions in permits for the discharge of wastes from publicly owned

treatment works requirements for information to be provided by the permittee

concerning new introductions of wastes or substantial changes in the volume or

character of wastes being introduced into such treatment works.
N.D. Cent. Code § 61-06-04 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-04
61-06-04. Meeting of directors - Organization - Officers - Quorum - Term of officers
Status: in_force

61-06-04. Meeting of directors - Organization - Officers - Quorum - Term of officers

The directors elected at the first election in an irrigation district shall meet at the time and

place designated by the department of water resources and organize by selecting one of their

members as chairman of the board. A temporary secretary must be designated until a

permanent secretary of the board has been appointed. After the organization of the board, a

majority of the directors constitutes a quorum for the transaction of business of the board. The

board shall appoint and fix the compensation of a secretary, a treasurer, and an assessor of the

district and other officers or employees as the board deems necessary for the efficient conduct

of the district's business. Officers and employees appointed by the board shall hold office at the

pleasure of the board. The office of secretary, assessor, and treasurer may be held by the same

person. Each succeeding board of directors shall choose or appoint officers as provided in this

section.
N.D. Cent. Code § 61-07-05 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-05
61-07-05. Purchase of land after foreclosure of tax lien
Status: in_force

61-07-05. Purchase of land after foreclosure of tax lien

When the board shall deem it necessary to protect the interests of the district, or of the

electors thereof, or to protect the interests of bondholders or other creditors of the district, it, if

funds are available for that purpose, may purchase land within the district after foreclosure by

the county for unpaid and delinquent taxes and may own and sell any lands thus acquired.
N.D. Cent. Code § 61-24-21 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-21
61-24-21. District to allocate water in accordance with best management practices
Status: in_force

61-24-21. District to allocate water in accordance with best management practices

The district shall distribute water to irrigators purchasing water from the district in amounts

that are consistent with the determinations of the director of the agricultural experiment station

for best management practices in the farming of the applicable land.
N.D. Cent. Code § 61-31-04 — ND Code / Title 61 / Chapter 61-31 / Section 61-31-04
61-31-04. Duties of landowner
Status: in_force

61-31-04. Duties of landowner

In the agreement between the commissioner and a landowner, the landowner shall agree:

1. To place in the program for the period of the agreement eligible wetland areas,

together with such adjacent areas as determined desirable by the commissioner.

These wetlands and adjacent areas may include areas covered by a federal or state

government easement which permits agricultural use, except for federal waterbank

agreements pursuant to the federal waterbank program [Pub. L. 91-559; 16 U.S.C.

1301 et seq.]. However, in the event that any eligible wetland and adjacent areas are

covered by a separate federal or state government easement, the commissioner shall

reduce payment rates as appropriate.

2. Not to drain, burn, fill, or otherwise destroy the wetland character of such areas.

3. Not to use such areas for agricultural purposes, except as determined by the

commissioner.

4. To effectuate a wetland conservation and development plan for the land in accordance

with the terms of the agreement, unless any requirement thereof is waived or modified

by the commissioner pursuant to section 61-31-07.

5. To forfeit all rights to further payments or grants under the agreement and the

commissioner may require the landowner to refund to the state all payments or grants

received thereunder upon violation of the agreement if the commissioner determines

that such violation is of such a nature as to warrant termination of the agreement, or to

make refunds or accept such payment adjustments as the commissioner may deem

appropriate if the violation does not warrant termination of the agreement.

6. Upon transfer of the landowner's right and interest in the lands during the agreement

period, to forfeit all rights to further payments or grants under the agreement and the

commissioner may require that landowner refund to the state all payments or grants

received thereunder unless the transferee of any such land agrees with the

commissioner to assume all obligations of the agreement.

7. To additional provisions which the commissioner determines are desirable and

includes in the agreement to effectuate the purposes of the program or to facilitate its

administration.

The agreement of the landowner under this chapter shall be made binding on any tenant or

operator of the land covered by the agreement.
N.D. Cent. Code § 61-35-12 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-12
61-35-12. Powers of district board
Status: in_force

61-35-12. Powers of district board

Each district board has the power to:

1. Sue and be sued in the name of the district.

2. Exercise the power of eminent domain in the manner provided by title 32 for the

purpose of acquiring and securing any rights, titles, interests, estates, or easements

necessary or proper to carry out the duties imposed by this chapter, and particularly to

acquire the necessary rights in land for the construction of pipelines, reservoirs,

connections, valves, pumping installations, or other facilities for the storage,

transportation, or utilization of water and all other appurtenant facilities necessary to

carry out the purposes of its organization.

3. Accept funds, property, and services or other assistance, financial or otherwise, from

federal, state, and other public or private sources for the purpose of aiding and

promoting the construction, maintenance, and operation of projects within the district.

4. Cooperate and contract with the state, its agencies, or its political subdivisions or any

federal agency in research and investigation or other activities promoting the

establishment, construction, development, or operation of projects within the district.

5. Furnish assurances of cooperation, and as principal and guarantor, or either, to enter

into contracts with any federal agency, and with public corporations and political

subdivisions of this state for the performance of obligations for the construction,

operation, or maintenance of the district or for the delivery of water to any such

department, agency, or political subdivision.

6. Construct, lease, or purchase separately or in cooperation with any federal agency or

the state, its agencies, or political subdivisions, and to equip, maintain, and operate an

office and principal place of business for the district, or other buildings or facilities to

carry out activities authorized by this chapter.

7. Appoint and fix the compensation and reimbursement of expenses of such employees

as the board deems necessary to conduct the business and affairs of the district and

to procure the services of engineers and other technical experts, and to retain

attorneys to assist, advise, and act for it in its proceedings.

8. Sell or exchange any and all real property purchased or acquired by the district. All

money received from any such sale or exchange must be deposited to the credit of the

district and may be used to pay expenses of the district.

9. Borrow money as provided in this chapter.

10. Issue and sell bonds in an amount or amounts determined by the board, including an

amount or amounts for costs of issuance and financing, and any necessary reserve

funds, for the purpose of financing the cost of a project.

11. Refund and refinance its bonds from time to time as often as it is advantageous and in

the interest of the district.

12. Pledge any and all income, profits, and revenues received by the district in connection

with the operation, lease, sale, or other disposition of all or any part of a project to

secure the payment of bonds issued and sold to finance the project.

13. Pledge all or any part of any assessments levied under this chapter to secure the

payment or redemption of any bonds issued in anticipation of the levy and collection of

the assessments.

14. Acquire by gift, purchase, or the exercise of the right of eminent domain, property

required to construct, reconstruct, improve, better, or extend any project, whether

completely or partially within or outside the district, and easements, rights in lands, and

water rights in connection with the project.

15. Operate and maintain any project for its own use and for the use of public and private

consumers and users within and without the territorial boundaries of the district.

16. Prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities, or

commodities furnished by the project, and in anticipation of the collection of the

revenues of the project, issue revenue bonds to finance all or part of the cost of the

acquisition, construction, reconstruction, improvement, betterment, or extension of any

project.

17. Pledge revenues of the project to the punctual payment of principal and interest on

bonds. A pledge under this subsection applies to the revenues of improvements,

betterments, or extensions of the project which may be constructed or acquired after

the issuance of bonds as well as the revenues of existing systems, plants, works,

instrumentalities, and properties of any part of the project improved, bettered, or

extended.

18. Make all contracts, execute all instruments, and do all things necessary or convenient

in the exercise of its powers or in the performance of its covenants or duties or in order

to secure the payment of its bonds, but an encumbrance, mortgage, or other pledge of

property of the district may not be created by any such contract or instrument.

19. Enter into and perform long-term or short-term contracts with any nongovernmental

unit for the provision and operation by the district of sewerage facilities, when the

board of the district determines such action to be in the public interest and necessary

for the protection of the public health, in order to abate or reduce the pollution of

waters caused by discharges of industrial wastes by the nongovernmental unit, and for

the payment periodically by the nongovernmental unit to the district of amounts the

board deems sufficient to compensate the district for all costs associated with

providing, operating, and maintaining the sewerage facilities serving the

nongovernmental unit.

20. Enter into and perform such contracts and agreements with other districts, political

subdivisions, and state institutions as the board deems proper and feasible concerning

the planning, construction, lease, or other acquisition and the financing, maintenance,

and operation of sewerage facilities. Any districts contracting with each other may

provide in any contract or agreement for a board, commission, or such other body as

their boards deem proper to supervise, manage, and operate the sewerage facilities

and may prescribe its powers and duties and compensation of its members.

21. Accept from any authorized federal agency loans or grants for the planning,

construction, acquisition, lease, or other provision of any project, and to enter into

agreements with such agency respecting such loan or grants.

22. Contract debts and borrow money, pledge property of the district for repayment of

indebtedness other than bonded indebtedness, and provide for payment of debts and

expenses of the district.

23. Notwithstanding any other law, exercise the powers granted to a municipality under

subsection 5 of section 40-33-01 and section 40-34-19, pursuant to the limitations set

forth therein. A district may pay the cost of leasing any waterworks, mains, and water

distribution system and any equipment or appliances connected therewith and any

property related thereto pursuant to subsection 5 of section 40-33-01, or of any

sewage system and all related property for the collection, treatment, purification, and

disposal in a sanitary manner of sewage pursuant to section 40-34-19, solely from

revenues to be derived by the district from the ownership, sale, lease disposition, and

operation of the waterworks, mains, and water distribution system or sewage system;

the funds or any other amounts invested by such district pursuant to section 21-06-07,

or invested on such district's behalf by the state, or any agency or institution of the

state, in conformity with policies of the industrial commission, including investment in a

guaranteed investment contract and any earnings thereon, to the extent pledged

therefor; and funds, if any, appropriated annually by the board of the district or

received from federal or state sources.

24. Enter and perform long-term and short-term contracts for the purchase or sale of water

and to pledge any and all income, profits, and revenues received by the district to

secure payment of the district's obligations created by the contracts.

Property of the district may not be liable to be forfeited or taken in payment of any bonds issued

under this chapter, and debt on the general credit of the district may not be incurred in any

manner for payment of bonds under this chapter.
N.D. Cent. Code § 61-12-48 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-48
61-12-48. Transfer of sinking fund to maintenance fund - Duty of county treasurer
Status: in_force

61-12-48. Transfer of sinking fund to maintenance fund - Duty of county treasurer

The board of flood irrigation of any flood irrigation project shall have the right upon the

payment of all the bonded debt of the flood irrigation project, by resolution, to transfer any and

all funds then remaining in the sinking fund of the project to the maintenance fund of the project

for use in maintenance, repair and care, and for payment of outstanding and unpaid warrants

issued for maintenance of the project. The county treasurer as custodian of the funds of any

flood irrigation project, of any county in this state, shall upon receipt of a certified copy of a

resolution of any board of flood irrigation, showing that all bonded debt of a flood irrigation

project has been fully paid, transfer any and all funds then remaining in the sinking fund of the

project to the maintenance fund of the project.
N.D. Cent. Code § 61-04.1-36 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-36
61-04.1-36. State immunity
Status: in_force

61-04.1-36. State immunity

Nothing in this chapter shall be construed to impose or accept any liability or responsibility

on the part of this state or any of its agencies, or any state officials or state employees or

weather modification authorities for any injury caused by weather modification operations by any

person or licensed controller as defined in this chapter.
N.D. Cent. Code § 61-24-15 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-15
61-24-15. Proceedings to confirm contract
Status: in_force

61-24-15. Proceedings to confirm contract

The board of directors of the Garrison Diversion Conservancy District, after entering into a

contract with the United States government or with any public corporation of the state of North

Dakota, may commence a special proceeding in and by which the proceedings of the board and

the making of such contract, or contracts, shall be judicially examined, approved, and

confirmed, or disapproved and disaffirmed. Such proceeding shall comply as nearly as possible

with the procedure required in the case of irrigation districts under the laws of North Dakota.
N.D. Cent. Code § 61-02-42 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-42
61-02-42. Commission to take into consideration decrees of court adjudicating waters of natural stream
Status: in_force

61-02-42. Commission to take into consideration decrees of court adjudicating waters

of natural stream.

The commission shall take into consideration the decrees of the courts of this state having

jurisdiction which purport to adjudicate the waters of any natural stream or its tributaries, and a

fair, reasonable, and equitable reconciliation shall be made between the claimants asserting

rights under different decrees and between decreed rights and asserted rights of appropriation

not adjudicated by any court.
N.D. Cent. Code § 61-02-36 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-36
61-02-36. Natural streams employed as a means of diversion of water - Adopting methods to determine natural flow
Status: in_force

61-02-36. Natural streams employed as a means of diversion of water - Adopting

methods to determine natural flow.

Wherever natural streams are employed as a means of diversion of water from the place of

confinement to the place of use, the commission shall adopt proper methods and means of

determining the natural flow of such streams when the amount of such natural flow is insufficient

to satisfy or fill the needs of appropriators prior in right.
N.D. Cent. Code § 61-24.8-14 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-14
61-24.8-14. Voting on proposed projects
Status: in_force

61-24.8-14. Voting on proposed projects

At the hearing or in the written notice, the affected landowners must be informed when and

where votes concerning the proposed project may be filed. Affected landowners to be assessed

have thirty days after the date of the hearing or thirty days after the date of mailing the notice to

file their votes with the secretary of the district. Once the deadline for filing votes has been

reached, no more votes may be filed and no person may withdraw a vote. Any withdrawal of a

vote concerning the proposed project before that time must be in writing. When the votes have

been filed and the deadline for filing votes has passed, the board shall immediately determine

whether the project is approved. If the board finds that one hundred percent of the total votes

filed are for the proposed project, then the vote constitutes an affirmation of the project and the

board shall issue an order establishing the proposed project and may proceed, after complying

with the requirements of sections 61-24.8-17 and 61-24.8-18, to contract or provide for the

construction or maintenance of the project in substantially the manner and according to the

forms and procedure provided in section 61-24.8-41. The board may enter any agreement with

any federal or state agency under the terms of which the contract for the project is to be let by

the federal agency, the state agency, or a combination thereof. In projects where there is an

agreement that a party other than the board will let the contract, the board may dispense with all

of the requirements of section 61-24.8-41. Upon making an order establishing or denying

establishment of a project, the board shall publish notice of the order in a newspaper of general

circulation in the area in which the affected landowners reside and in the official county

newspaper of each county in which the benefited lands are located. No publication is required if

the board provides written notice of the order establishing or denying establishment of a project

to each affected landowner. Any right of appeal begins to run on the date of publication or

mailing of the notice.
N.D. Cent. Code § 61-08-19 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-19
61-08-19. Improvement warrants - Amount - When payable - Maturity
Status: repealed

61-08-19. Improvement warrants - Amount - When payable - Maturity

Repealed by S.L. 1997, ch. 518, § 24.
N.D. Cent. Code § 61-16.1-15.1 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-15.1
61-16.1-15.1. Projects or benefits in more than one county
Status: in_force

61-16.1-15.1. Projects or benefits in more than one county

1. Before constructing a project and before assessing the lands or premises for a project

located in or benefiting more than one county, the districts from two or more counties

shall create a joint board under section 61-16.1-11.

2. If the joint board or district finds the project is necessary, and the benefits of the project

will exceed the costs, the joint board or district shall proceed with the procedures in

sections 61-16.1-15 through 61-16.1-36 regarding:

a. The creation, construction, alteration, repair, operation, and maintenance of a

project and an assessment district;

b. The determination and levy of assessments against property benefited by the

project; and

c. The special warrants issued pursuant to this chapter.

3. If the assessment vote is successful, the joint board or district shall construct, own,

operate, and maintain the project. The joint board or district shall administer the

corresponding assessment district for the project in accordance with this chapter and

shall direct the county auditor of each county within the assessment district to levy

assessments. Each county auditor shall levy assessments as determined by the joint

board.

4. If a district conducts a reassessment of benefits under this chapter for an existing

project and concludes property in another county benefits from the project, the district

shall notify the other district of the requirement to form a joint board. If the district

refuses to form a joint board, the district shall proceed with the reassessment and

include the property in the project assessment district. Affected landowners subject to

assessments may appeal the reassessment determination in accordance with this

chapter. After the expiration of applicable appeal periods under this chapter, the district

shall direct the county auditor of each county within the assessment district to levy

assessments. Each county auditor shall levy assessments as determined by the joint

board.

5. If a county auditor refuses to levy assessments as directed by a joint board or a

district, the joint board or district may seek a writ of mandamus under chapter 32-34

from the district court of the county in which the benefited property is located. If the

joint board or district prevails, the district court shall award costs and reasonable

attorneys' fees to the joint board or district seeking the writ of mandamus.

6. If the members of the joint board cannot agree about the necessity of a project, the

process to undertake an approved project, or the procedure to assess benefits, the

joint board shall request assistance from the North Dakota mediation service to

resolve grievances arising from the conflict. After receiving the request, the North

Dakota mediation service shall assist the members of the joint board to mediate the

conflict. The North Dakota mediation service shall issue a proposed mediation

agreement within thirty days of completing the mediation. Each member of the joint

board shall participate in good faith in the mediation.

7. If the proposed mediation agreement is not agreed to by a majority of the members of

a joint board, a member of the joint board may file an appeal with the department of

water resources to issue a determination to resolve the conflict. The appealing party

must file the appeal within thirty days of the issuance of the proposed mediation

agreement under subsection 6. Within sixty days of receipt of the appeal, the

department of water resources shall review and investigate the complaint and issue its

determination. A hearing held by the department of water resources under this section

is a prerequisite to issuing a determination under this subsection.

8. If the determination issued by the department of water resources is not agreed to by a

majority of the members of a joint board, a member of the joint board may appeal the

decision of the department of water resources to the appropriate district court under

chapter 28-32. A hearing held by the department of water resources under this section

is a prerequisite to filing an appeal with the district court.
N.D. Cent. Code § 61-12-43 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-43
61-12-43. Regulations concerning issuance of bonds under this chapter
Status: in_force

61-12-43. Regulations concerning issuance of bonds under this chapter

The bonds issued under the provisions of this chapter shall be signed by the chairman of

the board of county commissioners of the county and countersigned by the county auditor, who

shall keep a record of such bonds. Such board shall have the power to negotiate such bonds at

not less than the par value thereof as it may deem for the best interests of all persons interested

in the flood irrigation project for the cost of which the bonds are issued. Such bonds shall

contain a recital that the same are issued in accordance with the provisions and pursuant to the

authority of this chapter and that they are to be paid out of the sinking funds to be created as

provided for in this chapter, if issued serially. Whenever such bonds shall be issued, the tax

provided for in section 61-12-27 shall not be collected all in one year but shall be divided into

parts corresponding with the amounts and maturities of the bonds. Such parts shall be extended

year by year upon the tax lists by the county auditor against the parcels of land and property

liable to taxation for that purpose and collected in such year, and such fund shall constitute the

sinking fund provided by this section. Should the bonds be issued and made payable under the

amortization plan of payment, the tax provided for in said section shall be divided into parts

corresponding with the principal payment required to be made each year under the said

amortization plan, and such parts shall be extended year by year upon the tax lists in the

manner and form provided herein for the retirement of bonds issued with serial maturities.
N.D. Cent. Code § 61-31-05 — ND Code / Title 61 / Chapter 61-31 / Section 61-31-05
61-31-05. Duties of commissioner
Status: in_force

61-31-05. Duties of commissioner

In return for the agreement of the landowner, the commissioner shall:

1. Make an annual payment to the landowner for the period of the agreement at the rate

determined by the commissioner to be fair and reasonable in consideration of the

obligations undertaken by the landowner. If the landowner and commissioner agree, all

or part of the payments to the landowner may be issued at the onset of the agreement.

2. Provide advice on conservation and development practices on the wetlands and

adjacent areas, and to bear such part of the average cost of establishing and

maintaining such practices, as the commissioner determines to be appropriate.

3. Increase the rate of annual payments by an amount determined by the commissioner

to be appropriate, if the landowner agrees to permit, without other compensation,

access to such acreage by the general public subject to applicable state law.

4. Agree that during a drought emergency up to one hundred percent of the grass cover

that is part of a waterbank contract may be released to the landowner for haying or

grazing, if the portion not released remains in a solid block, and if grazed is protected

by an adequate fence, including a temporary electric fence that has been approved by

the commissioner. The release date must be determined by the commissioner with the

approval of the director of the game and fish department. The landowner may hay or

graze released land at a per acre [.40 hectare] rate, established by the commissioner,

which must be deducted from the next waterbank payment. If haying or grazing

privileges are awarded to any person other than the landowner, the commissioner

shall collect for the hay harvested and the landowner is entitled to receive that

person's full waterbank payment.

5. The commissioner shall assemble a state assessment team that may assist the

commissioner in fulfilling the objectives of the program. The state assessment team

may make recommendations to the commissioner regarding applications, and develop

management guidelines to be approved by the commissioner which include technical

and management practices and rates of payment and a standardized priority system

for evaluating applications. Applications for the program may be submitted to any

representatives of the state assessment team or their agencies to be reviewed and

submitted to the commissioner.
N.D. Cent. Code § 61-24.3-02 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-02
61-24.3-02. Definitions
Status: in_force

61-24.3-02. Definitions

In this chapter:

1. "Commission" means the state water commission.

2. "Water user entities" means those persons, municipalities, rural water cooperatives,

corporations, limited liability companies, and other entities which have entered into and

executed water service contracts with the commission for the purchase of water from

the commission through the southwest pipeline project.
N.D. Cent. Code § 61-16.1-41.1 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-41.1
61-16.1-41.1. Removal or placement of fill
Status: in_force

61-16.1-41.1. Removal or placement of fill

Prior to removing or placing any fill adjacent to a watercourse, the person responsible shall

provide written notice to the district describing the amount and type of fill to be placed or

removed and the location of the activity.

For purposes of this section, "adjacent" means within two hundred feet [60.96 meters] of the

bank of the body of water during normal flow or stage.

The requirements of this section do not apply to surface coal mining and reclamation

operations for which a permit has been secured from the public service commission pursuant to
N.D. Cent. Code § 61-16.1-58 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-58
61-16.1-58. Attorney general to assist boards - Employment of counsel
Status: in_force

61-16.1-58. Attorney general to assist boards - Employment of counsel

The attorney general shall render legal opinions or such other assistance to water resource

boards as is required to be rendered to state officers by section 54-12-01. The water resource

board, however, may employ other counsel to advise and represent it in such actions and

appeals and in its proceedings.
N.D. Cent. Code § 61-16.1-33 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-33
61-16.1-33. Water resource board may apportion assessments for benefits of a project against a county or city or any tract of land benefited
Status: in_force

61-16.1-33. Water resource board may apportion assessments for benefits of a

project against a county or city or any tract of land benefited.

Whenever a water resource board discovers or ascertains that the county, a township, or

city therein, or that any tract, parcel, or piece of land is being benefited by a project and that the

county or such township, municipality, tract, piece, or parcel of land was not included in the

project area assessed for the cost of construction and maintenance of the project when

established, the board shall commence proceedings for reassessment of lands originally

assessed for the cost of establishing and constructing such project and shall apportion and

assess the part of the balance remaining unpaid, if any, of the cost of such project, and the

expense of maintenance, which such county, township, or city and each tract of land found

benefited thereby should bear.

Before making such reassessment or reapportionment of benefits, the board shall hold a

hearing for the purpose of determining the benefits of the project to the county, such township,

or city and to each tract, piece, or parcel of land being benefited. At least ten days' notice of the

hearing shall be given by publication in the newspaper or newspapers having general circulation

in the county and by mailing notice thereof to each owner of land assessed for the cost of

construction and maintenance when the project was established, and by mailing such notice to

the governing body of the county, township, municipality, and to the owner, as determined by the

records in the office of the recorder or county treasurer of each tract, piece, or parcel of land

found to be benefited since the establishment of the project. The provisions of this chapter

governing the original determination of benefits and assessment of costs shall apply to the

reassessment and assessment of benefits carried out under the provisions of this section.
N.D. Cent. Code § 61-29-02 — ND Code / Title 61 / Chapter 61-29 / Section 61-29-02
61-29-02. Intent
Status: in_force

61-29-02. Intent

The purpose of this chapter shall be to preserve the Little Missouri River as nearly as

possible in its present state, which shall mean that the river will be maintained in a free-flowing

natural condition, and to establish a Little Missouri River commission.
N.D. Cent. Code § 61-01-15 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-15
61-01-15. Riparian owners of land lying adjacent to non-navigable streams
Status: repealed

61-01-15. Riparian owners of land lying adjacent to non-navigable streams

Repealed by S.L. 1959, ch. 408, § 2.
N.D. Cent. Code § 61-24-08 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-08
61-24-08. Powers and duties of the district board of directors
Status: in_force

61-24-08. Powers and duties of the district board of directors

The board of directors of the Garrison Diversion Conservancy District shall have the power:

1. To sue and be sued in the name of the district.

2. To exercise the power of eminent domain in the manner provided by title 32 for the

purpose of acquiring and securing any right, title, interest, estate, or easement

necessary to carry out the duties imposed by this chapter, and particularly to acquire

the necessary rights in land for the construction of dams, reservoirs, canals,

hydroplants, irrigation systems, pipelines, and any other device for the conservation,

storage, and use of water, and to secure the right of access to such works and the

right of the public access to the waters impounding thereby or emanating therefrom.

3. To accept funds, property, and services or other assistance, financial or otherwise,

from federal, state, and other public or private sources for the purpose of aiding and

promoting the construction, maintenance, and operation of the Garrison diversion unit,

or any part thereof.

4. To cooperate and contract with the state, its agencies, or its political subdivisions, or

any agency of the United States, in research and investigation or other activities

promoting the establishment, construction, development, or operation of the Garrison

diversion unit, or any part thereof.

5. To furnish assurances of cooperation and as principal and guarantor or either to enter

into a contract, or contracts, with the United States of America, or any department or

agency thereof, and with public corporations of North Dakota for the performance of

obligations entered into with the United States for the construction, operation, or

maintenance of works of the Garrison diversion unit of the Missouri River basin project

as defined by Act of Congress, approved December 22, 1944 [58 Stat. 887], and acts

amendatory thereof or supplementary thereto.

6. To construct separately or in cooperation with agencies of the United States, or the

state of North Dakota, its agencies or political subdivisions, and to equip, maintain,

and operate an office and principal place of business for the district, or other buildings

or facilities to carry out activities authorized by this chapter.

7. To appoint and fix the compensation of such employees as the board shall deem

necessary to conduct the business and affairs of the district.

8. To appoint from its number an executive committee and vest the same with such

powers and duties as the board may from time to time delegate thereto, in order to

facilitate the duties and work of the board in connection with the business affairs

involved in the development, construction, operation, and maintenance of the Garrison

diversion unit, or any part thereof.

9. In 1961 and each year thereafter to levy a tax of not to exceed one mill annually on

each dollar of taxable valuation in the district for the payment of the expenses of the

district, including, but not limited to, per diem, mileage and other expenses of directors,

technical, administrative, clerical, operating and other expenses of the district office,

and for the cumulation of a continuing fund through such levy for the performance of

obligations entered into with the United States of America in connection with the

construction, operation, and maintenance of works of the said Garrison diversion unit

of the Missouri River basin project. All moneys collected pursuant to such levy shall be

deposited in the Bank of North Dakota to the credit of the district and shall be

disbursed only as herein provided. The board may invest any funds on hand, not

needed for immediate disbursement or which are held in reserve for future payments,

in bonds of the United States, bonds and mortgages or other securities the payment of

which is guaranteed by the United States or an instrumentality or agency thereof, or

bonds or certificates of indebtedness of the state of North Dakota or any of its political

subdivisions. The amount which may be levied in any one year for operating the

district prior to authorization by Congress of the Garrison diversion project shall not

exceed ten percent of the maximum permissible.

10. To enter into a contract or contracts for a supply of water from the United States and to

sell, lease, and otherwise contract to furnish any such water for beneficial use to

irrigation districts, persons, other public and private corporations, or limited liability

companies within or outside the district.

11. To operate and maintain or to contract for the operation and maintenance of water

supply and irrigation works serving lands and uses within or outside the district, and in

connection therewith, to maintain a reserve fund to meet major unforeseen costs of

operation and maintenance. The acquisition, construction, operation, and maintenance

of dams, reservoirs, ground water storage areas, canals, conduits, pipelines, tunnels,

and any other plants, works, facilities, improvements, or property necessary to operate

or maintain water supply or irrigation works under this section are exempt from any

requirements for voter approval.

12. To accept, on behalf of the district, appointment of the district as fiscal agent of the

United States and authorization to make collections of money for and on behalf of the

United States in connection with the Garrison diversion unit.

13. To use navigable lakes and streams within the conservancy district for holding,

impounding, and conveying water of the Garrison diversion unit.

14. To provide administrative aid and assistance in the relocation of buildings and the

replacement of land to persons affected by the Garrison diversion development in an

effort to make certain that such persons are treated fairly and that they do not suffer

financial hardship due to the development of the Garrison diversion unit.

15. To sell or exchange any and all real property purchased or acquired by the district. All

moneys received pursuant to any such sale or exchange shall be deposited in the

Bank of North Dakota to the credit of the district and may be disbursed only for the

payment of expenses of the district as specified in subsection 9.

16. To borrow money as is provided in this chapter.

17. To issue and sell revenue bonds to finance projects in an amount or amounts

determined by the board, including an amount for costs of issuance and financing, and

any necessary reserve funds, for the purpose of financing the cost of constructing a

project, purchasing bulk water, or otherwise making capital payments required under a

water purchase contract.

18. To utilize some or all proceeds of its revenue bonds to acquire, construct, reconstruct,

or improve one or more projects, or any feasibility study or preliminary economic,

engineering, or legal work relating to any project.

19. To refund and refinance its bonds from time to time as often as it is advantageous and

in the interest of the district.

20. To pledge any and all income, profits, and revenues received by the district in

connection with the operation, lease, sale, or other disposition of all or any part of a

water project to secure the payment of bonds issued and sold to finance the project or

otherwise. Tangible real or personal nonrevenue property of the district may not be

liable to be forfeited or taken in payment of any bonds issued under this chapter and

debt on the general credit of the district may not be incurred in any manner for

payment of bonds under this chapter.

21. To prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities,

or commodities furnished by the district and in anticipation of the collection of the

revenues of the district, issue revenue bonds to finance all or part of the costs of the

acquisition, construction, reconstruction, improvement, betterment, extension,

operation, or maintenance of a project.

22. To pledge district revenues, grants, and any other project-related payments to the

punctual payment of principal and interest on bonds or water purchase contract

obligations. A pledge under this subsection applies to the revenues of improvements,

betterments, or extensions of the district which may be constructed or acquired after

the issuance of bonds, the revenues of existing systems, plants, works,

instrumentalities, and properties of any part of the district improved, bettered, or

extended, and the revenues received from payments made under water sale contracts

between the district and persons that contract to purchase water from the district.

23. To make all contracts, execute all instruments, and do all things necessary or

convenient in the exercise of its powers or in the performance of its covenants or

duties or in order to secure the payment of its bonds, but an encumbrance, mortgage,

or other pledge of tangible real or personal nonrevenue property of the district may not

be created by any such contract or instrument.

24. To accept from any authorized federal agency loans or grants for the planning,

construction, acquisition, lease, or other provision of a project, and to enter

agreements with the agency respecting the loan or grants.

25. To contract debts and borrow money and provide for payment of debts and expenses

of the district.

26. To distribute water to western Minnesota cities that enter water service contracts for

water.

27. To enter water service contracts with municipalities, water districts, or other political

subdivisions in this state and public utilities in Minnesota as part of the Red River

valley water supply project, regardless of whether the acquisition, construction, or

reconstruction of any Red River valley water supply project is actually completed and

whether water actually is delivered under the contracts. These contracts with cities and

water districts are authorized to be executed without limitation on term of years and, if

the contracts are executed in relation to the initial construction of the system, without

voter approval.
N.D. Cent. Code § 61-01-07 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-07
61-01-07. Obstruction of watercourses - Penalty
Status: in_force

61-01-07. Obstruction of watercourses - Penalty

If any person illegally obstructs any ditch, drain, or watercourse, or diverts the water therein

from its natural or artificial course, the person is liable to the party suffering injury from the

obstruction or diversion for the full amount of the damage done, and, in addition, is guilty of a

class B misdemeanor.
N.D. Cent. Code § 61-24.8-20 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-20
61-24.8-20. Correction of errors and mistakes in special assessments - Requirements governing
Status: in_force

61-24.8-20. Correction of errors and mistakes in special assessments - Requirements

governing.

If mathematical errors or other mistakes occur in making any assessment resulting in a

deficiency in that assessment, the board shall cause additional assessments to be made in a

manner substantially complying with chapter 40-26 as it relates to special assessments.
N.D. Cent. Code § 61-23-02 — ND Code / Title 61 / Chapter 61-23 / Section 61-23-02
61-23-02. Compact not binding until approved by other states and the Congress of the United States - Governor to give notice of ratification
Status: in_force

61-23-02. Compact not binding until approved by other states and the Congress of

the United States - Governor to give notice of ratification.

Said compact shall not be binding or obligatory upon any of the high contracting parties

thereto unless and until the same shall have been approved by the legislature of each of the

said states and by the Congress of the United States. The governor of North Dakota shall give

notice of the ratification and approval of said compact by the thirty-second legislative assembly

of the state of North Dakota to the governors of each of the remaining signatory states and to

the president of the United States.
N.D. Cent. Code § 61-08-31 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-31
61-08-31. County treasurer to make report to board monthly
Status: in_force

61-08-31. County treasurer to make report to board monthly

The county treasurer shall report in writing to the district on the second Monday in each

month the amount of money belonging to the district in the county treasury, the amount of

receipts for the month preceding, and the amount of the moneys paid out and assessments

against each tract or parcel of land within the district which were paid in the preceding month.

Such report shall be verified and filed with the secretary of the board.
N.D. Cent. Code § 61-03-01 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-01
61-03-01. State engineer - Appointment - Qualifications - Term - Salary - Engaging in private practice
Status: repealed

61-03-01. State engineer - Appointment - Qualifications - Term - Salary - Engaging in

private practice.

Repealed by S.L. 2021, ch. 488, § 225.
N.D. Cent. Code § 61-37-10 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-10
61-37-10. Reserve fund
Status: in_force

61-37-10. Reserve fund

1. The program shall establish and maintain a reserve fund in which there must be

deposited all moneys appropriated by the state for the purpose of the fund, all

proceeds of bonds required to be deposited by terms of any contract between the

program and its bondholders or any resolution of the program with respect to the

proceeds of bonds, any other moneys or funds of the program which are deposited by

the program, any contractual right to the receipt of moneys by the program for the

purpose of the fund, including a letter of credit or similar instrument, and any other

moneys made available to the program only for the purposes of the fund from any

other source. Moneys in the reserve fund must be held and applied solely to the

payment of the interest on and the principal of bonds and sinking fund payments as

they become due and payable and for the retirement of bonds, including payment of

any redemption premium required to be paid when any bonds are redeemed or retired

prior to maturity, and for the payment of principal and interest on municipal securities

guaranteed by the program. Moneys in the reserve fund may not be withdrawn if the

withdrawal would reduce the amount in the reserve fund to less than the required debt

service reserve, except for payment of interest then due and payable on bonds and

the principal of bonds then maturing and payable, sinking fund payments, the

retirement of bonds in accordance with the terms of any contract between the program

and its bondholders, the payment of principal and interest on municipal securities of an

irrigation district for which a guarantee has been issued by the program, and for the

payments on account of which interest or principal or sinking fund payments or

retirement of bonds or execution of a guarantee, other moneys of the program are not

then available in accordance with the terms of the contract. The reserve fund may not

be used for the payment of a guarantee by the program unless the commission has

determined that bonds of the program cannot be issued under acceptable terms for

the payment of the guarantee, or the payment of the guarantee will not reduce the

reserve fund to an amount less than the required debt service reserve. The required

debt service reserve must be an aggregate amount equal to at least the largest

amount of money required by the terms of all contracts between the program and its

bondholders to be raised in the then current or any succeeding calendar year for the

payment of interest on and maturing principal of outstanding bonds, and sinking fund

payments required by the terms of any contracts to sinking funds established for the

payment or redemption of the bonds.

2. If the establishment of the reserve fund for an issue or the maintenance of an existing

reserve fund at a required level under this section would necessitate the investment of

all or any portion of a new reserve fund or all or any portion of an existing reserve fund

at a restricted yield, because not restricting the yield may cause the bonds to be

taxable under the Internal Revenue Code, then, at the discretion of the program, no

reserve fund need be established prior to the issuance of bonds, the reserve fund

need not be funded to the levels required by this section, or an existing reserve fund

may be reduced.

3. No bonds may be issued by the program unless there is in the reserve fund the

required debt service reserve for all bonds then issued and outstanding and for the

bonds to be issued. Nothing in this chapter prevents the program from satisfying this

requirement by depositing upon issuance so much of the proceeds of the bonds to be

issued, as is needed to achieve the required debt service reserve. The program may,

at any time, issue its bonds or notes for the purpose of providing any amount

necessary to increase the amount in the reserve fund to the required debt service

reserve, or to meet higher or additional reserves as may be fixed by the program.

4. In order to ensure maintenance of the required debt service reserve, the legislative

assembly shall appropriate and deposit in the reserve fund the amount certified by the

commission as necessary to restore the reserve fund to an amount equal to the

required debt service reserve, or maintain a reserve fund established by the

commission under this chapter and required according to the terms of a guarantee

issued by the program. However, the commission may approve a resolution for the

issuance of bonds, as provided by this chapter, which states in substance that this

subsection is not applicable to the required debt service reserve for bonds issued

under the resolution.

5. If the maturity of a series of bonds of the program is three years or less from the date

of issuance of the bonds, the program may determine that no reserve fund need be

established for that respective series of bonds, or that it may be established in an

amount less than the required debt service reserve. If such a determination is made,

holders of the respective series of bonds may have no interest in or claim on existing

reserve funds established for the security of the holders of previously issued program

bonds and may have no interest in or claim on reserve funds established for the

holders of subsequent issues of bonds of the program.
N.D. Cent. Code § 61-08-26 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-26
61-08-26. County treasurer to be custodian of funds
Status: in_force

61-08-26. County treasurer to be custodian of funds

The county treasurer shall act as the custodian of sinking funds, or funds created for the

payment of bonds, except that in case an irrigation district is located in more than one county

the board, by recorded resolution, shall designate the county treasurer who shall act as the

custodian of the funds. Upon the adoption of the resolution, the county treasurer so designated

shall act as the custodian. A copy of the resolution and a copy of each and every contract, trust

agreement, or trust indenture relating to the issuance and payment of bonds must be filed with

the county treasurer.
N.D. Cent. Code § 61-05-05 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-05
61-05-05. Co-owners of land in irrigation district - Who may vote
Status: in_force

61-05-05. Co-owners of land in irrigation district - Who may vote

Where lands within a proposed or existing irrigation district are owned by co-owners only,

such co-owners who are residents of this state may vote their respective interest personally, or

such co-owners by an instrument in writing, may designate one of their number as agent to cast

the vote for each such co-owner. Provided, that in no event shall any such co-owner be entitled

to cast, less than one full vote, or any vote or votes constituting any fraction of one vote. Such

instrument shall be acknowledged by such co-owners and shall be presented to and filed with

the clerk of the district election board.
N.D. Cent. Code § 61-04-04 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-04
61-04-04. Filing and correction of application
Status: in_force

61-04-04. Filing and correction of application

The date of receipt of the application provided for in section 61-04-03 in the commission

must be noted on the application. If the application is defective as to form, incomplete, or

otherwise unsatisfactory, it must be returned with a statement of the corrections, amendments,

or changes required, within thirty days after its receipt, and sixty days must be allowed for

refiling. If the application is corrected as required and is refiled within the time allowed, the

application, upon being accepted, must take priority as of the date of its original filing. Any

corrected application filed after the time allowed must be treated in all respects as an original

application received on the date of its refiling. The application may be amended by the applicant

at any time prior to the commencement of administrative action by the department of water

resources as provided in sections 61-04-05 through 61-04-06.3.
N.D. Cent. Code § 61-29-04 — ND Code / Title 61 / Chapter 61-29 / Section 61-29-04
61-29-04. Administration
Status: in_force

61-29-04. Administration

This chapter must be administered by a Little Missouri River commission composed of the

director of the parks and recreation department, the director of the department of environmental

quality, the director of the department of water resources, or their designated representatives,

and one member from each of the following counties: McKenzie, Billings, Slope, Golden Valley,

Dunn, and Bowman. The commission members representing the above-mentioned counties

must be appointed by their respective boards of county commissioners and shall serve without

compensation except that each appointing board of county commissioners may reimburse its

county representative for actual and necessary mileage to and from meetings of the commission

at the same rate as state officers. The county representatives appointed must be resident

landowners who live adjacent to the Little Missouri River with the exception of the Golden Valley

County representative. A county representative unable to attend a meeting of the commission

may be represented by a person who has a written proxy from the representative authorizing

that person to act and vote for the representative. The proxy must be a resident landowner of

the county that the proxy is representing, but need not live adjacent to the Little Missouri River.

The county members shall serve terms of office as follows: two members shall serve one-year

terms, two members shall serve two-year terms, and two members shall serve three-year terms.
N.D. Cent. Code § 61-08-12 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-12
61-08-12. Sale of bonds - Contents of notice
Status: in_force

61-08-12. Sale of bonds - Contents of notice

Bonds may be sold at private sale without notice or at public sale after a notice calling for

bids has been published at least once in the official newspaper of each county in which the

district is situated not less than fifteen days nor more than thirty days before the date specified

for receiving bids. The notice may be in any form but must specify the amount of bonds offered

for sale and the date or dates of the maturity thereof, and the notice must specify that the bids

must be sealed and in writing and must state the time when and place where bids will be

received and will be opened.
N.D. Cent. Code § 61-24.8-29 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-29
61-24.8-29. Payments in full of assessments - Payments to county treasurer or district treasurer - Receipts
Status: in_force

61-24.8-29. Payments in full of assessments - Payments to county treasurer or district

treasurer - Receipts.

The owner of any property against which an assessment has been made under this chapter

for the cost of any improvement may pay in full or in part the amount remaining unpaid and the

unpaid accumulated interest. The payment in full discharges the lien of the assessment upon

that property. The payment may be made to the county treasurer upon all installments of the

assessments which have been certified to the county auditor, and may be made to the district

treasurer upon all portions of the assessment which have not been certified. Any person

desiring to pay any portion of the assessment to the district treasurer shall obtain from the

district treasurer a certificate of the amount due upon the assessment which has not been

certified to the county auditor and shall present the certificate to the district treasurer. The

district treasurer shall receive and collect that amount and issue a receipt to the person paying

the assessment. The district treasurer shall note upon the treasurer's records the payment of

the assessment.
N.D. Cent. Code § 61-39-07 — ND Code / Title 61 / Chapter 61-39 / Section 61-39-07
61-39-07. Provisions governing bonds
Status: in_force

61-39-07. Provisions governing bonds

The resolution authorizing the issuance of revenue bonds or refunding bonds under this

chapter or resolutions adopted after the adoption of the original resolution must prescribe:

1. The rate or rates of interest, or if an interest rate is variable, the method for calculating

the interest rate.

2. Whether the bonds will be in one or more series.

3. The date or dates the bonds will bear.

4. The time or times the bonds will mature.

5. The medium in which the bonds will be payable.

6. The place or places where the bonds will be payable.

7. The terms of redemption, if any, to which the bonds will be subject.

8. The manner in which the bonds will be executed.

9. The terms, covenants, and conditions that the bonds will contain.

10. The form in which the bonds will be issued, either coupon or registered.
N.D. Cent. Code § 61-11-16 — ND Code / Title 61 / Chapter 61-11 / Section 61-11-16
61-11-16. Surplus moneys of district - Disposal
Status: in_force

61-11-16. Surplus moneys of district - Disposal

If a disorganized irrigation district shall have moneys in its treasury after the payment of all

the debts and obligations of the district, such moneys shall be apportioned and paid to each

landowner, who has paid fully all assessments against that landowner's land in the proportion

which the last assessment of such owner's land bears to the total of all assessments last made,

levied, and assessed against all lands in the district.
N.D. Cent. Code § 61-12-47 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-47
61-12-47. Assessment for drainage
Status: in_force

61-12-47. Assessment for drainage

The board of flood irrigation of any flood irrigation project shall be and is empowered to levy

a special tax against all land located within any particular pond in the project to be used for

necessary ditching of lands located within the particular pond of the flood irrigation project to

procure proper drainage for such lands. Said board shall annually certify to the county auditor

the amount that shall be required for such drainage purposes during the following year.

Thereupon the county auditor shall apportion the same to the several tracts or parcels of land

within such pond within the project, the amount which each parcel or tract of land shall be

assessable within said pond, such apportionment to be made on the basis on which the original

benefits were assessed within the particular pond under the provisions of section 61-12-22, and

shall extend such amount upon the tax lists as a special tax on the lands in such pond. The

taxes so collected for drainage shall be credited to a drainage fund for the pond of the project

involved.
N.D. Cent. Code § 61-24.8-35 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-35
61-24.8-35. Interest and penalties added to special assessments - County treasurer to collect and pay over
Status: in_force

61-24.8-35. Interest and penalties added to special assessments - County treasurer to

collect and pay over.

The county treasurer shall add to all special assessments the same interest and penalties

that are added in the case of general taxes and at the same time. The county treasurer shall

collect the interest and penalties with the special assessments and shall pay all such interest

and penalties collected over to the district treasurer.
N.D. Cent. Code § 61-08-39 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-39
61-08-39. Assessments - Proceeds - Levy
Status: in_force

61-08-39. Assessments - Proceeds - Levy

All assessments made by an irrigation district for the payment of the bonds or improvement

warrants to be refunded must inure to the benefit of the holders of the refunding bonds and the

proceeds of the assessments must be utilized for the purpose of paying the interest and

principal of the refunding bonds, and the board of directors of the irrigation district shall levy an

assessment against the lands of the district, as provided by law for levying assessments,

sufficient to pay the interest on the refunding bonds and to create a sinking fund to retire the

refunding bonds at maturity.
N.D. Cent. Code § 61-02-25 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-25
61-02-25. Duties of state agencies acting through interstate compacts or agreements
Status: in_force

61-02-25. Duties of state agencies acting through interstate compacts or agreements

Every state officer, department, board, and commission authorized by any law of this state

to act upon or to be concerned with any interstate commission involving any interstate compact,

or to act upon any foreign commission involving any foreign compact, or with any federal

agency or department of the United States, the subject matter of which in any way concerns or

involves water conservation, flood control, irrigation, water pollution or contamination, or the

exercise of the powers and duties granted to the commission by this chapter, first shall submit to

the commission the plans, purposes, and contemplated action and shall receive the approval of

the commission therefor before making any agreement, contract, purchase, sale, or lease, for

any of said purposes. The commission may give its aid and assistance to any state agency so

acting with respect to any interstate compact.
N.D. Cent. Code § 61-24.8-39 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-39
61-24.8-39. Refunding special assessment bonds - Purposes for which such bonds may be issued - Payment of bonds
Status: in_force

61-24.8-39. Refunding special assessment bonds - Purposes for which such bonds

may be issued - Payment of bonds.

Any district having outstanding special assessment bonds, payable in whole or in part out of

collections from special assessments, which are past-due or which are redeemable, either at

the option of the district or with the consent of the bondholders, may issue refunding special

assessment bonds if there is not sufficient money in the project fund against which such bonds

are drawn to pay the same. The issuance of refunding bonds must be authorized by resolution

of the board. The resolution must describe the bonds to be refunded and their amount and

maturity. Refunding bonds may be issued to extend the maturities of bonds payable in whole or

in part by special assessments or to reduce the interest on the bonds. Refunding bonds must

bear such date, be in such date, be in such denominations, and mature serially within such time,

not exceeding thirty years from date of issuance, as the board determines. The treasurer of the

district shall pay special assessment bonds as they mature and are presented for payment out

of the fund against which they are drawn and shall cancel the bonds when paid.
N.D. Cent. Code § 61-16.2-06 — ND Code / Title 61 / Chapter 61-16.2 / Section 61-16.2-06
61-16.2-06. Permissible floodway uses
Status: in_force

61-16.2-06. Permissible floodway uses

Upon delineation of the floodway under the national flood insurance program [42 U.S.C.

4001 et seq.], uses shall be permitted within the floodway to the extent that they do not result in

any increase in flood levels during the occurrence of the base flood discharge. 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 pursuant to this section.
N.D. Cent. Code § 61-16.1-10 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-10
61-16.1-10. Responsibilities and duties of water resource board
Status: in_force

61-16.1-10. Responsibilities and duties of water resource board

Each water resource board shall:

1. Meet jointly with other water resource boards within a common river basin at least

twice each year at times and places as mutually agreed upon for the purpose of

reviewing and coordinating efforts for the maximum benefit of the entire river basin.

2. Cooperate with other water resource boards of a common river basin and provide

mutual assistance to the maximum extent possible.

3. Exercise jointly with other water resource districts within a river basin to effectively

resolve the significant and common water resource management problem or problems

of the river basin or region and to jointly develop a comprehensive plan for the river

basin or region.

4. Encourage all landowners to retain water on the land to the maximum extent possible

in accordance with sound water management policies, and carry out to the maximum

extent possible the water management policy that upstream landowners and districts

that have artificially altered the hydrologic scheme must share with downstream

landowners the responsibility of providing for proper management and control of

surface waters.

5. Address and consider fully in the planning of any surface water project the

downstream impacts caused by the project. A determination of whether to proceed

with the construction of a project shall be based on the following principles:

a. Reasonable necessity of the project.

b. Reasonable care to be taken to avoid unnecessary injury by fully considering all

alternatives.

c. Consideration of whether the utility or benefit accruing from the project

reasonably outweighs the adverse impacts resulting from the project.

6. Require that appropriate easements be obtained in accordance with applicable state

and federal law when projects will cause an adverse impact to lands of other

landowners.
N.D. Cent. Code § 61-04-04.2 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-04.2
61-04-04.2. Refund of water permit application fees
Status: in_force

61-04-04.2. Refund of water permit application fees

The department of water resources may refund a water permit application fee, upon the

request of the applicant, if the application is withdrawn by the applicant, and:

1. The department has not published notice of the application; or

2. The department determines other good and sufficient cause exists to refund the

application fee.
N.D. Cent. Code § 61-16.1-09.1 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-09.1
61-16.1-09.1. Watercourses, bridges, and low-water crossings
Status: in_force

61-16.1-09.1. Watercourses, bridges, and low-water crossings

1. A water resource board may undertake the snagging, clearing, and maintaining of

natural watercourses and the debrisment of bridges and low-water crossings. The

board may finance the project in whole or in part with funds raised through the

collection of a special assessment levied against the land and premises benefited by

the project. The benefits of a project must be determined in the manner provided in

section 61-16.1-18. Revenue from an assessment under this section may not be used

for construction of a drain or reconstruction or maintenance of an existing assessment

drain. Any question as to whether the board is maintaining a natural watercourse or is

constructing a drain or reconstructing or maintaining an existing assessment drain

must be resolved by the department of water resources. All provisions of this chapter

apply to assessments levied under this section except:

a. An assessment may not exceed fifty cents per acre [.40 hectare] annually on

agricultural lands and may not exceed fifty cents annually for each five hundred

dollars of taxable valuation of nonagricultural property.

b. If the assessment is for a project costing less than one hundred thousand dollars,

no action is required for the establishment of the assessment district or the

assessments except the board must approve the project and assessment by a

vote of two-thirds of the members and the board of county commissioners of the

county in which the project is located must approve and levy the assessments to

be made by a vote of two-thirds of its members.

(1) If a board that undertakes a project finds the project will benefit lands

outside water resource district boundaries, the board shall provide notice to

the water resource board where the benefited lands are located together

with the report prepared under section 61-16.1-17.

(2) The board of each water resource district containing lands benefited by a

project must approve the project and assessment by a vote of two-thirds of

its members. The board of county commissioners in each county that

contains lands benefited by a project must approve and levy the

assessment to be made by a vote of two-thirds of its members.

(3) If a project and assessment is not approved by all affected water resource

boards and county commission boards, the board of each water resource

district and the board of county commissioners of each county shall meet to

ensure all common water management problems are resolved pursuant to

section 61-16.1-10. In addition, the water resource board that undertakes

the project may proceed with the project if the board finances the cost of the

project and does not assess land outside the boundaries of the district.

c. All revenue from an assessment under this section must be exhausted before a

subsequent assessment covering any portion of lands subject to a prior

assessment may be levied.

2. Before an assessment may be levied under this section, a public hearing must be held

and attended by a quorum of the affected water resource boards and a quorum of the

affected boards of county commissioners. The hearing must be preceded by notice as

to date, time, location, and subject matter published in the official newspaper in the

county in which the proposed assessment is to be levied. The notice must be

published at least ten days but not more than thirty days before the public hearing.
N.D. Cent. Code § 61-24.3-10 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-10
61-24.3-10. Commission to construct, operate, and maintain southwest pipeline project - Rules made by commission
Status: in_force

61-24.3-10. Commission to construct, operate, and maintain southwest pipeline

project - Rules made by commission.

The commission shall have the authority to:

1. Construct the southwest pipeline project as provided in this chapter.

2. Operate and maintain, or provide for the operation and maintenance of the southwest

pipeline project.

3. Exercise all express and implied rights, powers, and authorities, including all powers

and authorities granted in chapter 61-02, necessary to carry out the provisions and

purposes of this chapter.

4. Make and enforce orders, rules, and bylaws for the operation and maintenance of the

southwest pipeline project.

5. Sell, transfer, or exchange property acquired for the southwest pipeline project

provided the commission determines the property is not necessary for the operation,

maintenance, or construction of the southwest pipeline project. For a period of sixty

days, the property must first be offered for sale, transfer, or exchange to the current

owner of the surrounding property from which the property was obtained. Any parcel of

property sold, transferred, or exchanged under this section may not exceed two acres

[.81 hectare]. Sections 54-01-05.2 and 54-01-05.5 do not apply to the sale, transfer, or

exchange of property pursuant to this subsection.
N.D. Cent. Code § 61-41-02 — ND Code / Title 61 / Chapter 61-41 / Section 61-41-02
61-41-02. Legislative intent - Reports to legislative assembly
Status: in_force

61-41-02. Legislative intent - Reports to legislative assembly

The legislative assembly declares and establishes the following goals and objectives:

1. That it is necessary for the long-term welfare and economic well-being of the Souris

River basin, and the entire state and its citizens, that the planning, design, and

construction of the Mouse River enhanced flood control project be completed and

implemented.

2. That the Red River valley water supply project is critical to provide a dependable water

supply for current and future generations in eastern North Dakota and is essential to

provide for the long-term welfare, economic well-being, and quality of life for the entire

state.

3. That it is necessary for the long-term welfare and economic well-being of the Red

River basin, and the entire state and its citizens, that the planning, design, and

construction of the Fargo-Moorhead flood control project be completed and

implemented.

4. That regional water supply and rural water systems are necessary to provide a

dependable and adequate quantity and quality water supply for municipal, domestic,

rural, and industrial uses.

5. That the state water commission and the southwest water authority shall begin the

process of reviewing capital repayment and revenues being returned to the resources

trust fund; payments necessary to meet obligations of existing bonds and other loans;

mill levies; ownership of land and associated facilities; existing construction

documents; liabilities; contracts with cities, bulk users, companies, and other users;

and other items, and shall report to the legislative assembly those steps necessary for

the transfer of ownership and responsibility of the southwest pipeline project from the

state water commission to the southwest water authority.

6. That the state water commission and the Garrison Diversion Conservancy District shall

enter discussions with the bureau of reclamation concerning Garrison diversion unit

facilities.

7. That projects receiving state funds for construction and implementation not assert,

claim, or seek to prevent other opportunities, either public or private, to utilize waters

of the Missouri River for industrial uses in this state.

8. That local water management and flood control projects are necessary for the

economic well-being and quality of life of citizens in those local areas.

9. That irrigation development offers significant opportunities for agriculture in this state.

10. That an infrastructure loan fund for water development and management will provide

significant financial benefits to projects and the citizens of this state, and will provide

new capabilities to implement necessary water infrastructure projects across the state.
N.D. Cent. Code § 61-07-02 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-02
61-07-02. Legal title to property acquired in corporate name
Status: in_force

61-07-02. Legal title to property acquired in corporate name

The legal title to all property acquired by an irrigation district shall vest in such district in its

corporate name.
N.D. Cent. Code § 61-03-01.2 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-01.2
61-03-01.2. Definitions
Status: in_force

61-03-01.2. Definitions

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

1. "Department" means the department of water resources.

2. "Director" means the director of the department.
N.D. Cent. Code § 61-28.1-10 — ND Code / Title 61 / Chapter 61-28.1 / Section 61-28.1-10
61-28.1-10. Enforcement - Penalties - Injunction
Status: in_force

61-28.1-10. Enforcement - Penalties - Injunction

1. If, after the completion of the administrative hearing process, the department

determines that a violation of this chapter, or any rule, regulation, or order of the

department issued under this chapter has occurred, it shall make all of its evidence

and findings available to the attorney general for use in any remedial action the

attorney general's office determines to be appropriate, including an action for injunctive

relief.

2. Any person who willfully violates this chapter or any regulation or order of the

department shall be punished by a civil penalty of not more than ten thousand dollars

per day of violation or an administrative penalty as follows:

a. One thousand dollars per day per violation in the case of a system serving a

population of more than ten thousand.

b. An amount adequate to ensure compliance in the case of any system not under

subdivision a.

3. Any person who violates this chapter, or any rule implementing this chapter, and any

person who violates any order issued by the department under this chapter is subject

to a civil penalty not to exceed five thousand dollars per day of violation or an

administrative penalty as follows:

a. One thousand dollars per day per violation in the case of a system serving a

population of more than ten thousand.

b. An amount adequate to ensure compliance in the case of any system not under

subdivision a.

Nothing in this section shall be construed to deny use of the remedy of injunctive relief when it is

deemed appropriate.
N.D. Cent. Code § 61-37-08 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-08
61-37-08. Bonds of the program
Status: in_force

61-37-08. Bonds of the program

Bonds of the program must be authorized by resolution of the commission and may be

issued in the form, with dates, interest rates, denominations, rights of conversion, registration,

priority of payment, manner, location, and form of payment, terms of redemption, at public or

private sale, and at the time and price determined by the commission to be in the best interest

of the program.
N.D. Cent. Code § 61-16.1-38 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-38
61-16.1-38. Permit to construct or modify dam, dike, or other device required - Penalty - Emergency
Status: in_force

61-16.1-38. Permit to construct or modify dam, dike, or other device required -

Penalty - Emergency.

Dikes, dams, or other devices for water conservation, flood control regulation, watershed

improvement, or water storage must be constructed in accordance with this chapter. A permit is

required from the department for the construction of a low-hazard dam or other device capable

of retaining, obstructing, or diverting more than fifty acre-feet [61674.08 cubic meters] of water;

a medium-hazard or high-hazard dam capable of retaining, obstructing, or diverting more than

twenty-five acre-feet [30837.04 cubic meters] of water; an agricultural dike capable of protecting

more than eighty acres [32.37 hectares] of land area; or any dike capable of protecting an

occupied residence or structure or public infrastructure. A permit application for the construction

of any dike, dam, or other device, along with complete plans and specifications, must be

submitted to the department of water resources. Except for low-hazard dams less than ten feet

[3.05 meters] in height, agricultural dikes, or a farmstead ring dike, the plans and specifications

must be completed by a professional engineer. The professional engineer must be registered in

this state. The department shall consider the application in such detail as the department deems

necessary and proper. The department shall refuse to allow the construction of any unsafe or

improper dike, dam, or other device that would interfere with the orderly control of the water

resources of the district, or may order changes, conditions, or modifications as in the

department's judgment may be necessary for safety or the protection of property. Within

forty-five days after application receipt, except in unique or complex situations, the department

shall complete the initial review of the application and forward the application, along with any

changes, conditions, or modifications, to the water resource board of the district within which the

contemplated project is located. The board shall consider the application within forty-five days,

and suggest any changes, conditions, or modifications to the department. If the board approves

the application, the board shall forward the approved application to the department. If the board

fails to respond within forty-five days, the board will be deemed to have no changes, conditions,

or modifications to make. The department shall make the final decision on the application and

forward that decision to the applicant and the local water resource board. The department may

issue temporary permits for dikes, dams, or other devices in cases of an emergency. Any

person constructing a dam, dike, or other device without first securing a necessary permit, as

required by this section, is liable for all damages proximately caused by the dam, dike, or other

device, and is guilty of a class B misdemeanor.
N.D. Cent. Code § 61-16-33 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-33
61-16-33. 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: repealed

61-16-33. Warrants may be used in making payments on contract - Warrants payable

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

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-35-89 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-89
61-35-89. Bid to be accompanied by a bond - Bond retained upon failure of bidder to contract - Amount of bond
Status: in_force

61-35-89. Bid to be accompanied by a bond - Bond retained upon failure of bidder to

contract - Amount of bond.

Each bid for any work to be done under this chapter must be accompanied by a separate

envelope containing a bidder's bond in the amount of five percent of the amount of the bid,

executed as provided in this chapter and running to the district that the bidder will enter into a

contract for performance of the work in case a contract is awarded to the bidder. If any bidder to

whom a contract is awarded fails or refuses to enter into the contract when requested to do so,

the bond accompanying the bidder's bid must be retained by the district as liquidated damages

for the failure. The bond must be delivered to the district office and credited to the fund from

which the consideration for the work is payable. The sufficiency of any bond filed by a bidder

must be determined by the board at the time of considering bids.
N.D. Cent. Code § 61-03-04 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-04
61-03-04. Biennial report
Status: in_force

61-03-04. Biennial report

The director may submit a biennial report to the governor and the secretary of state in

accordance with section 54-06-04.
N.D. Cent. Code § 61-04-15.1 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-15.1
61-04-15.1. Change in point of diversion or use
Status: repealed

61-04-15.1. Change in point of diversion or use

Repealed by S.L. 2019, ch. 508, § 33.
N.D. Cent. Code § 61-09-09 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-09
61-09-09. Board may levy assessment for general fund - Contents
Status: in_force

61-09-09. Board may levy assessment for general fund - Contents

If the board finds it necessary it may levy an assessment for the expenses incurred in

organizing the district, for the operation, maintenance, and repair of the irrigation works, for the

payment of salaries of officers and employees, and for general expenses. Such assessment

shall constitute the general fund.
N.D. Cent. Code § 61-12-27 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-27
61-12-27. Apportionment and enforcement of taxes
Status: in_force

61-12-27. Apportionment and enforcement of taxes

After fixing the cost of a flood irrigation project, the board of flood irrigation shall carry out

upon the assessment list the specific amount which each lot or tract of land benefited by the

project for which the tax is levied is liable to pay on account of procuring the same according to

the percentage which by section 61-12-22 it is required to fix and determine. Such list thereupon

shall be filed in the office of the county auditor of the county in which the lands benefited are

situated and the auditor shall extend upon the tax list as a special tax the several amounts

shown by such list, specifying in such tax list the particular flood irrigation project for the

construction or procurement of which the special tax is assessed. Such special tax shall be

collected and enforced in the same manner as other taxes.
N.D. Cent. Code § 61-32-01 — ND Code / Title 61 / Chapter 61-32 / Section 61-32-01
61-32-01. Legislative policy and intent
Status: repealed

61-32-01. Legislative policy and intent

Repealed by S.L. 1995, ch. 599, § 3.
N.D. Cent. Code § 61-07-24 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-24
61-07-24. Hearing of petition - Notice of filing and hearing
Status: in_force

61-07-24. Hearing of petition - Notice of filing and hearing

The court shall fix the time for the hearing of the petition provided for in section 61-07-23

and shall order the clerk of court to give and publish a notice of the filing of the petition, stating

the time when and the place where the court will hear the petition, and stating further that any

person interested in the organization of the district, or in the proceedings for the issuance of

bonds or improvement warrants, or in the assessments levied, or in the special action taken by

the board, as the case may be, on or before the day fixed for hearing of the petition, may

answer the petition. The petition may be referred to and described in the notice as the petition of

______ (name of petitioner) requesting that the proceedings set forth therein be examined,

approved, and confirmed by the court. The notice shall be given by publishing the same in the

official newspaper of the county in which the petition is filed, once each week for two

consecutive weeks. The hearing shall be held, in the discretion of the court, not less than fifteen

days nor more than sixty days after the last publication of the notice.
N.D. Cent. Code § 61-15-02 — ND Code / Title 61 / Chapter 61-15 / Section 61-15-02
61-15-02. Control of water and wildlife conservation projects vested in state
Status: repealed

61-15-02. Control of water and wildlife conservation projects vested in state

Repealed by S.L. 2013, ch. 481, § 2.
N.D. Cent. Code § 61-39-14 — ND Code / Title 61 / Chapter 61-39 / Section 61-39-14
61-39-14. Duties of authority and officers relative to the issuance of bonds
Status: in_force

61-39-14. Duties of authority and officers relative to the issuance of bonds

To adequately secure the payment of bonds and interest on the bonds, the authority and its

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. Make certain any project financed by the authority is operated in an efficient and

economical manner, enforce all water purchase and water sales contracts, 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 any project;

b. To make all payments required under any water purchase contract the authority

may execute;

c. To pay the interest and principal on the authority's notes and bonds as they

become due;

d. 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

e. To meet any other obligations of the authority that are charges, liens, or

encumbrances upon the revenues of the authority.

3. Operate, maintain, preserve, and keep every part of any tangible project financed and

owned or operated by the authority in good repair, working order, and condition.

4. Enforce the provisions of all water purchase and sale contracts that produce revenues

pledged to payment of bonds.

5. 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.

6. 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.

7. 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.

8. 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 authority are subject to inspection by the holders of ten

percent or more of the outstanding bonds or of their representatives authorized in

writing.

The duties contained in this section may not require any expenditure by the authority of any

funds other than revenue received from a project or water sale contract. The performance of the

duties enumerated in this section is of the essence of the contract of the authority with the

bondholders.
N.D. Cent. Code § 61-05-12 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-12
61-05-12. Department of water resources may make order denying petition - Filing
Status: in_force

61-05-12. Department of water resources may make order denying petition - Filing

If the department of water resources determines the plan of irrigation proposed is not

practicable or not economically sound, the department shall make an order denying the petition

for the organization of an irrigation district and shall state the reasons for the action. A copy of

the order must be filed with the county auditor of each county in which the proposed irrigation

district is situated.
N.D. Cent. Code § 61-12-24 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-24
61-12-24. Return of assessment of benefits
Status: in_force

61-12-24. Return of assessment of benefits

After the assessment of benefits has been made, as provided in this chapter, or has been

confirmed, if an appeal has been taken, and the specific amount of each assessment has been

extended as provided by this chapter, the board of flood irrigation shall make return thereof to

the county auditor who shall record the same in a book to be provided by the county for that

purpose. Such return shall contain the petition for the project, a copy of the minutes of the

survey and of the plans and specifications signed by the engineer, a copy of the order

establishing the flood irrigation project, conveyances of the right of way, if any, and the

assessments of damages and benefits.
N.D. Cent. Code § 61-35-80 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-80
61-35-80. Special assessment record book kept by county auditor - Assessments certified for more than one year
Status: in_force

61-35-80. Special assessment record book kept by county auditor - Assessments

certified for more than one year.

The county auditor shall keep a special assessment record. When any district causes the

installments of special assessments for a period of more than one year to be certified, the

county auditor shall cause the certified special assessments to be recorded for the respective

years and in the amounts shown in the certificate of the district treasurer. The certificate of the

district treasurer must include a list of all lots and tracts of land upon which such assessments

are levied, designating the purpose of the assessment, the fund to which it belongs, and the

installment of such assessment for each year against each lot or tract, including interest.
N.D. Cent. Code § 61-35-10 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-10
61-35-10. Directors divided into classes - Terms - Vacancies
Status: in_force

61-35-10. Directors divided into classes - Terms - Vacancies

1. The initial board of each district shall divide its members by lot into three classes of as

nearly equal size as possible. The terms of the directors in the first, second, and third

classes expire on dates of the annual meetings in the first, second, and third years,

respectively, following the year in which the district is organized, or as soon as

successors are elected and have qualified.

2. At the annual meeting in each year after the year in which the district is organized, a

director must be elected to succeed each director whose term of office expires on that

date, and each director so elected holds office for a term of three years and until a

successor is elected and has qualified.

3. Vacancies must be filled for the unexpired term by appointment by the remaining

directors until the next annual meeting of participating members, at which the

participating members shall elect a director for the unexpired term.

4. All elections held under this chapter must be conducted to allow participating members

to access all stages of the election process, including voting and vote tabulation in a

uniform and nondiscriminatory manner. Each meeting must be arranged in a manner

that permits each participating member to plainly observe the election process.
N.D. Cent. Code § 61-06-14 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-14
61-06-14. Oath required of members of election board - Chairman of election board to administer
Status: in_force

61-06-14. Oath required of members of election board - Chairman of election board to

administer.

Before opening the polls at an irrigation district election or opening mail ballots, each

member of the election board shall take and subscribe the following oath or affirmation:

I do solemnly swear (or affirm) that I will perform my duties as judge or clerk (as the case

may be) according to law and to the best of my ability.

The oath or affirmation may be administered by any director of the district or any officer

authorized to administer oaths. The board of directors shall designate one of the judges as

chairman of the election board and the chairman of the election board may administer and

certify all oaths or affirmations taken by other members of the election board and shall

administer and certify all oaths or affirmations required during the progress of the election.
N.D. Cent. Code § 61-11-01 — ND Code / Title 61 / Chapter 61-11 / Section 61-11-01
61-11-01. Petition to board of directors for dissolution of district - Requirements - Adoption of resolution calling special election
Status: in_force

61-11-01. Petition to board of directors for dissolution of district - Requirements -

Adoption of resolution calling special election.

Whenever the electors of an irrigation district owning a majority of the number of acres

[hectares] of irrigable land therein shall petition the board to submit to the electors of the district

at a special election, or at the next regular election of the district, the question of the dissolution

or discontinuance of such irrigation district, and the sale of its property, the board, if the district

has no outstanding or unpaid bonds or district improvement warrants, or if the holders of district

bonds or district improvement warrants consent thereto in writing, shall adopt a resolution

calling a special election or providing for the submission of such question to the electors at the

next regular district election.
N.D. Cent. Code § 61-38-07 — ND Code / Title 61 / Chapter 61-38 / Section 61-38-07
61-38-07. Emergency permits (Contingent effective date - See note)
Status: in_force

61-38-07. Emergency permits. (Contingent effective date - See note)

The department of water resources may issue a temporary emergency permit for the

discharge of dredged or fill material if unacceptable harm to life or severe loss of physical

property is likely to occur before a permit could be issued or modified under procedures

normally required.
N.D. Cent. Code § 61-16.1-63 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-63
61-16.1-63. Penalty for violation of chapter
Status: in_force

61-16.1-63. Penalty for violation of chapter

Any person violating any of the provisions of this chapter shall, if no other criminal penalty is

specifically provided, be guilty of a class B misdemeanor.
N.D. Cent. Code § 61-02-14.2 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-14.2
61-02-14.2. Commission contracts may be executed by director
Status: in_force

61-02-14.2. Commission contracts may be executed by director

The director of the department of water resources, or the director's authorized designee,

may execute contracts approved by the commission.
N.D. Cent. Code § 61-14-04 — ND Code / Title 61 / Chapter 61-14 / Section 61-14-04
61-14-04. Water appurtenant to land for irrigation purposes
Status: repealed

61-14-04. Water appurtenant to land for irrigation purposes

Repealed by S.L. 1963, ch. 417, § 26.
N.D. Cent. Code § 61-02-48 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-48
61-02-48. Commission to determine interest rate, form, denomination, and execution of bonds
Status: in_force

61-02-48. Commission to determine interest rate, form, denomination, and execution

of bonds.

The commission shall determine the rate of interest bonds issued under this chapter shall

bear, the time or times of payment of such interest, the form of the bonds, and the manner of

executing the bonds, and shall fix the denomination or denominations of the bonds and the

place or places of payment of principal and interest thereon, which may be at any bank or trust

company within or without this state. The bonds shall be sold at public sale or private sale and

at such price or prices as the commission shall determine.
N.D. Cent. Code § 61-24.8-28 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-28
61-24.8-28. Irrigation special assessments extended over a period of not more than thirty years
Status: in_force

61-24.8-28. Irrigation special assessments extended over a period of not more than

thirty years.

Special assessments for the payment of the cost of constructing any irrigation works are

payable in equal annual amounts, or in such annual amounts as will permit the annual increase

in payment of principal to approximate the annual decrease in the interest on amounts

remaining unpaid, extending over a period of not exceeding thirty years as the board may fix by

resolution.
N.D. Cent. Code § 61-24-11 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-11
61-24-11. County auditors to extend tax levy
Status: in_force

61-24-11. County auditors to extend tax levy

The county auditor of each county in the district shall extend the levy upon the tax list of the

county 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 § 61-15-01 — ND Code / Title 61 / Chapter 61-15 / Section 61-15-01
61-15-01. Definitions
Status: repealed

61-15-01. Definitions

Repealed by S.L. 2013, ch. 481, § 2.
N.D. Cent. Code § 61-01-26.3 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-26.3
61-01-26.3. Water projects stabilization fund
Status: in_force

61-01-26.3. Water projects stabilization fund

The water projects stabilization fund is a special fund in the state treasury. The fund

consists of all money transferred to the fund and all interest and earnings upon moneys in the

fund. Moneys in the fund may be used for defraying planning and construction expenses of

water-related projects.
N.D. Cent. Code § 61-02.1-02 — ND Code / Title 61 / Chapter 61-02.1 / Section 61-02.1-02
61-02.1-02. Bond issuance amount limited
Status: repealed

61-02.1-02. Bond issuance amount limited

Repealed by S.L. 2005, ch. 591, § 4.
N.D. Cent. Code § 61-16-34.1 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-34.1
61-16-34.1. Refunding outstanding refunding warrants - Terms and conditions
Status: repealed

61-16-34.1. Refunding outstanding refunding warrants - Terms and conditions

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-16.1-55 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-55
61-16.1-55. Appeal from decision of water resource board - How to be taken
Status: repealed

61-16.1-55. Appeal from decision of water resource board - How to be taken

Repealed by S.L. 1989, ch. 83, § 36.
N.D. Cent. Code § 61-24.6-02 — ND Code / Title 61 / Chapter 61-24.6 / Section 61-24.6-02
61-24.6-02. Northwest area water supply authority - Created
Status: in_force

61-24.6-02. Northwest area water supply authority - Created

The northwest area water supply authority consists of the following representatives who,

except for the members elected under subsection 5, are appointed by the state water

commission:

1. Four representatives from the city of Minot recommended by the Minot city council.

2. One representative from the North Prairie regional water district.

3. One representative of all seasons water users district recommended by the all

seasons users district board of directors.

4. One representative of the upper Souris water district recommended by the upper

Souris water district board of directors.

5. One representative of cities other than the city of Minot, with direct water service from

the northwest area water supply project to be selected by election by cities during the

annual meeting of the North Dakota league of cities.

6. One representative of the state water commission who resides in the Souris River

basin recommended by the state water commission.

7. One representative of the Garrison Diversion Conservancy District recommended by

the Garrison Diversion Conservancy District board of directors who serves as a

nonvoting member.

8. One representative of the Turtle Mountain Band of Chippewa Indians recommended

by the tribal council who will serve as a nonvoting member.
N.D. Cent. Code § 61-16.1-14 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-14
61-16.1-14. Contracts for construction or maintenance of project
Status: in_force

61-16.1-14. Contracts for construction or maintenance of project

If the cost of construction or maintenance of a project does not exceed the amount provided

for construction of a public improvement under section 48-01.2-02, the work may be done on a

day work basis or a contract may be let without being advertised. If the cost of the construction

or maintenance exceeds the amount provided for construction of a public improvement under

section 48-01.2-02, the board must let a contract in accordance with chapter 48-01.2.
N.D. Cent. Code § 61-11-11 — ND Code / Title 61 / Chapter 61-11 / Section 61-11-11
61-11-11. Sale or transfer of property authorized
Status: in_force

61-11-11. Sale or transfer of property authorized

In carrying out the provisions of this chapter, for the discontinuance of an irrigation district

and the sale of its property and assets, the board may sell, transfer, and convey all of the

irrigation works, franchises, and other property owned by the district to the purchaser thereof.
N.D. Cent. Code § 61-03-27 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-27
61-03-27. Requirements for firms engaged in water well work, installation of water well pumps and pitless units, monitoring well work, and drilling of geothermal systems - Exceptions
Status: in_force

61-03-27. Requirements for firms engaged in water well work, installation of water

well pumps and pitless units, monitoring well work, and drilling of geothermal systems -

Exceptions.

1. A person, partnership, association, corporation, or limited liability company may not

engage in the business of constructing a water well in this state unless at all times a

certified water well contractor, who is responsible for the proper construction or

alteration of a water well, is in charge. This section does not prohibit any person,

partnership, association, corporation, or limited liability company from constructing any

water well on the person's or entity's own premises for the person's or entity's own

use.

2. A person may not engage in the business of installing water well pumps and pitless

units in the state after July 1, 1986, unless a certified installer, who is responsible for

the proper installation of the pump and pitless unit, is in charge of the installation. This

chapter does not prohibit any person from installing water well pumps and pitless units

on that person's own premises for that person's own use.

3. A person may not engage in the business of constructing a monitoring well in this state

unless at all times a certified monitoring well contractor, who is responsible for the

proper construction or alteration of the monitoring well, is in charge. This section does

not prohibit any person from installing a monitoring well on that person's own premises

for that person's own use.

4. A person may not engage in the business of drilling geothermal systems in the state

after July 1, 2008, unless a certified driller, who is responsible for the proper drilling of

the geothermal system, is in charge of the drilling. This section does not prohibit a

person from drilling geothermal systems on that person's own premises for that

person's own use.

5. Within thirty days after the completion of each well, each water well contractor shall

report to the department, on forms provided by the department, any information

required by the department, including a log of formations penetrated, well depth, and

casing size and weight. Each water well contractor shall provide a copy of the report to

the customer. All information submitted to the department must remain the property of

the department.
N.D. Cent. Code § 61-12-34 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-34
61-12-34. Liability of members of flood irrigation board
Status: in_force

61-12-34. Liability of members of flood irrigation board

Each board of flood irrigation shall make a report to the board of county commissioners of

all projects begun, in process of construction, or finished, and also shall render a full account of

all moneys which shall come into its hands. Every member of the board of flood irrigation shall

be liable on the member's bond for any misapplication of money coming into the member's

hands as a member of such board. The report required by this section shall include an itemized

statement of all expenses and warrants drawn on account of each project.
N.D. Cent. Code § 61-07-28 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-28
61-07-28. Procuring water supply from district outside of state - Validity and legality
Status: in_force

61-07-28. Procuring water supply from district outside of state - Validity and legality

When any irrigation district shall find it necessary to procure its supply of water for the

irrigation of the lands within the district from outside the boundaries of this state, such district

may enter into an agreement or contract with any state board, commission, or bureau, or with

any person, association, company, corporation, limited liability company, or irrigation district,

having the control and jurisdiction over the water of such other state, for water rights therein or

for supplying the district with water sufficient for its irrigation needs. The making of such contract

and the issuance of bonds or improvement warrants and the levying of assessments, or other

method agreed upon for the payment of rights, franchises, or water charges to obtain the

required supply of water shall be deemed valid, and of full force and effect, and shall have the

same validity and legality as though the same rights and franchises existed wholly within this

state.
N.D. Cent. Code § 61-24.8-21 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-21
61-24.8-21. Lien of special assessment
Status: in_force

61-24.8-21. Lien of special assessment

A special assessment imposed by the district, with accrued interest and penalties, is a lien

upon the property on which the assessment is levied from the time the assessment list is

approved by the board until the assessment is fully paid. The liens have precedence over all

other liens except general tax liens and may not be divested by any judicial sale. Mistake in the

description of the property covered by the special assessment lien or in the name of the owner

of such property does not defeat the lien if the assessed property can be identified by the

description in the assessment list. This chapter must be considered notice to all subsequent

encumbrances of the priority of special assessments imposed under this chapter.
N.D. Cent. Code § 61-04.1-38 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-38
61-04.1-38. Department of water resources may receive and expend funds
Status: in_force

61-04.1-38. Department of water resources may receive and expend funds

1. The department of water resources may receive and accept in the name of the state

any funds that are offered or become available from any federal grant or appropriation,

private gift, donation, or bequest, county funds, or funds from any other source except

license and permit fees, and to expend these funds for the expense of administering

this chapter, and, with the exception of county funds and funds from any other person

contracting with the department for weather modification operations, for the

encouragement of research and development in weather modification by any private

person, the North Dakota state university, the university of North Dakota, or any other

appropriate state, county, or public agency in this state by direct grant, contract, or

other means.

2. All federal grants, federal appropriations, private gifts, donations, or bequests, county

funds, or funds from any other source except license and permit fees, received by the

department must be paid over to the state treasurer, who shall credit this amount to

the water commission fund. All proceeds deposited by the state treasurer in the water

commission fund are appropriated to the department and, if expended, must be

disbursed by warrant-check prepared by the office of management and budget upon

vouchers submitted by the department and must be used for the purpose of paying for

the expense of administration of this chapter and, with the exception of county funds or

funds from any other person contracting with the department for weather modification

operations, for the encouragement of research and development in weather

modification by any private person, the North Dakota state university, the university of

North Dakota, or any other appropriate state, county, or public agency by direct grant,

contract, or other means.
N.D. Cent. Code § 61-24-24 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-24
61-24-24. Sale of bonds - When private sale authorized - Public sale and notice
Status: in_force

61-24-24. 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 any terms as

the board deems appropriate.
N.D. Cent. Code § 61-24.3-13 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-13
61-24.3-13. Removal and discharge of appointees
Status: in_force

61-24.3-13. Removal and discharge of appointees

The commission may remove and discharge any and all persons appointed in the exercise

of powers granted by this chapter, whether by the commission or by the manager of the

southwest pipeline project. Any such removal may be made whenever in the judgment of the

commission, the public interests and the interests of the southwest pipeline project require it. All

appointments and removals contemplated by this chapter shall be made as the commission

shall deem most fit to promote the purpose and efficiency of the southwest pipeline project.
N.D. Cent. Code § 61-12-08 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-08
61-12-08. Bond of petitioners - When required
Status: in_force

61-12-08. Bond of petitioners - When required

The board of flood irrigation shall require a bond from the petitioners in a sum sufficient to

pay all expenses of the required surveys and plans and specifications and of the flood irrigation

board, if it should appear, after the engineer's report is filed, that the proposed improvement

would cost more than the amount of the benefits to be derived therefrom.
N.D. Cent. Code § 61-16.1-09.2 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-09.2
61-16.1-09.2. Release of easements - Procedure
Status: in_force

61-16.1-09.2. Release of easements - Procedure

When it deems such action to be in the best interests of the district or other political

subdivision, a water resource board or governing body of another political subdivision may

release easements assigned to it from the state for the construction, operation, and

maintenance of dams, along with access to the dams, if the dams are no longer useful.
N.D. Cent. Code § 61-39-02 — ND Code / Title 61 / Chapter 61-39 / Section 61-39-02
61-39-02. Lake Agassiz water authority created
Status: in_force

61-39-02. Lake Agassiz water authority created

The Lake Agassiz water authority consists of cities, water districts, and other water

distribution systems located in that part of the state which is included within the boundaries of

Cavalier, Pembina, Walsh, Nelson, Grand Forks, Griggs, Steele, Traill, Barnes, Cass, Ransom,

Sargent, Richland, and Stutsman Counties and that pay dues to the authority. Minnesota cities

may join the authority, provided a portion of the city is located within five miles [8.05 kilometers]

of this state, or if the city uses the Red River for its primary water supply. Any other county, city,

water district, or Canadian governmental entity or water supply system may join the authority

upon application of its board and approval of the application by a majority of the authority's

board. The authority shall require any new member to pay for a pro rata share of the project

costs previously incurred by the authority members. The authority also may require an entity

contracting for a water supply to pay an additional fee if the entity joins the project late. The

authority is a governmental agency, body politic and corporate with the authority to exercise the

power specified in this chapter, or which may be reasonably implied. Cities, water districts, and

other water distribution systems may pay dues to the authority as determined by the authority.
N.D. Cent. Code § 61-04-19 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-19
61-04-19. Filing of location certificate - Contents
Status: repealed

61-04-19. Filing of location certificate - Contents

Repealed by S.L. 1963, ch. 419, § 7.
N.D. Cent. Code § 61-08-01 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-01
61-08-01. Resolution to institute initial proceedings for bonds - Contents - Adoption
Status: in_force

61-08-01. Resolution to institute initial proceedings for bonds - Contents - Adoption

Proceedings for the issuance of bonds by an irrigation district must be instituted by the

adoption of an initial resolution by the board of directors of the district. The initial resolution must

state:

1. The maximum principal amount of bonds proposed to be issued.

2. The purpose for which the bonds are proposed to be issued.

3. The total amount of bonded indebtedness, if any, of the district.

4. Any other statement of fact deemed advisable by the board.

The initial resolution may be adopted by a majority of the board at any regular meeting or at any

special meeting of which the prescribed notice has been given.
N.D. Cent. Code § 61-28.1-06 — ND Code / Title 61 / Chapter 61-28.1 / Section 61-28.1-06
61-28.1-06. Right of onsite inspection
Status: in_force

61-28.1-06. Right of onsite inspection

1. Any duly authorized officer, employee, or agent of the department may enter and

inspect any property, premise, or place on or at which a public water system is located

or is being constructed, installed, or established at any reasonable time for the

purpose of ascertaining the state of compliance with this chapter and rules and

regulations adopted pursuant thereto. If requested by the owner or operator of the

premises, a report setting forth all facts found which relate to compliance status shall

be forwarded to that owner or operator.

2. The department may at any reasonable time conduct tests and take samples of water

and other materials which affect or may affect maximum contaminant levels at any

public water system and shall have the power to have access to and copy any records

required by department rules or regulations to be maintained and to inspect any

monitoring equipment located on the premises.
N.D. Cent. Code § 61-16-47 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-47
61-16-47. Construction of bridges and culverts - Costs
Status: repealed

61-16-47. Construction of bridges and culverts - Costs

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-10-17 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-17
61-10-17. Power of board to deny or grant petition for exclusion of lands
Status: repealed

61-10-17. Power of board to deny or grant petition for exclusion of lands

Repealed by S.L. 1959, ch. 410, § 15.
N.D. Cent. Code § 61-10-08 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-08
61-10-08. Ordering of election - Notice, contents - Ballots, contents
Status: repealed

61-10-08. Ordering of election - Notice, contents - Ballots, contents

Repealed by S.L. 1959, ch. 410, § 15.
N.D. Cent. Code § 61-37-05 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-05
61-37-05. How bonds or guarantees may be secured
Status: in_force

61-37-05. How bonds or guarantees may be secured

A bond or guarantee issued by the program may be secured by works or lands and the

income derived from those works or lands.
N.D. Cent. Code § 61-02-55 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-55
61-02-55. Issuance of temporary bonds
Status: in_force

61-02-55. Issuance of temporary bonds

Prior to the preparation of definitive bonds, the commission may issue or provide for the

issuance of temporary bonds, exchangeable for definitive bonds when the definitive bonds have

been executed and are available for delivery. Temporary bonds may be issued without any other

proceedings or the happening of any other condition or thing specified and required by this

chapter, except that if legislative authorization is required for the issuance of the definitive bonds

pursuant to section 61-02-46, the authorization must be received before the temporary bonds

may be issued.
N.D. Cent. Code § 61-16-05 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-05
61-16-05. Water resource districts - Area to be included
Status: in_force

61-16-05. Water resource districts - Area to be included

All land in North Dakota shall be within a water resource district.
N.D. Cent. Code § 61-02-62 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-62
61-02-62. Powers of commission in issuance of bonds
Status: in_force

61-02-62. Powers of commission in issuance of bonds

In connection with the issuance of any bonds for the purpose of paying in whole or in part,

or as supplemented by a grant from the United States or any instrumentality or agency thereof,

the cost of any works or project, or in order to secure the payment of the bonds, the commission

may:

1. Pledge all or any part of the income, profit, and revenue of the works or project, and all

moneys received from the sale or disposal of water, use of water, water storage, or

other service, and from the operation, lease, sale, or other disposition of all or any part

of the works or project, or other funds as the commission may determine.

2. Covenant against pledging all or any part of the income, profit, and revenue of the

works or project and all moneys received from the sale or disposal of water, use of

water, water storage, or other service, and from the operation, lease, sale, or other

disposition of all or any part of the works or project.

3. Covenant against mortgaging all or any part of the works or project or against

permitting or suffering any lien thereon.

4. Covenant to fix and establish such prices, rates, and charges for water and other

services made available in connection with the works or project as to provide at all

times funds together with other funds the commission may pledge which will be

sufficient:

a. To pay all costs of operation and maintenance of the works or project, as

permitted under this chapter, together with necessary repairs thereto;

b. To meet and pay the principal and interest of all the bonds as they severally

become due and payable; and

c. To create such reserves for the principal and interest of all the bonds and for the

meeting of contingencies in the operation, repair, replacement, and maintenance

of the works or project as the commission shall determine.

5. Make such further covenants as to prices, rates, and charges as the commission shall

determine.

6. Create special funds, in addition to those required by this chapter, for the meeting of

contingencies in the operation and maintenance of the works or project and to

determine the manner in which, and the depository or depositories in which, the funds

shall be deposited and the manner in which the same shall be secured. Any bank or

trust company incorporated under the laws of this state may act as the depository and

shall furnish such indemnifying bonds or pledge such securities as may be required by

the commission on all deposits exceeding the sum of five thousand dollars.

7. Provide for the replacement of lost, destroyed, or mutilated bonds.

8. Covenant against extending the time for the payment of the principal or interest on any

bonds, directly or indirectly, by any means or in any manner.

9. Prescribe and covenant as to the events of default and the terms and conditions upon

which any or all of the bonds shall become, or may be declared, due before maturity,

and as to the terms and conditions upon which a declaration and its consequences

may be waived.

10. Covenant as to the rights, liabilities, powers, and duties arising upon the breach by it of

any covenant, condition, or obligation.

11. Vest in a trustee or trustees the right to enforce any covenant made to secure or to pay

the bonds, or to foreclose any trust indenture in relation thereto, provide for the powers

and duties of the trustee, or trustees, and limit the liabilities thereof, and provide the

terms and conditions upon which the trustee or trustees or the holders of bonds or any

proportion of them may enforce any covenant or exercise the right of foreclosure.

12. Make covenants and do any and all such acts and things as may be necessary or

convenient or desirable in order to secure the bonds, or, in the absolute discretion of

the commission, to make the bonds more marketable, notwithstanding that such

covenants, acts, or things may not be enumerated or expressly authorized in this

chapter.

13. Do all things in the issuance of the bonds, and in providing for their security, that may

not be inconsistent with the Constitution of North Dakota.
N.D. Cent. Code § 61-01-20 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-20
61-01-20. When special assessments shall become a lien
Status: in_force

61-01-20. When special assessments shall become a lien

As between vendor and vendee, all special assessments upon real property levied pursuant

to the provisions of this title shall become and be a lien upon the real property upon which the

same are assessed, from and after the first day of January next after such assessments shall

have been certified and returned to the county auditor, to the amount so certified and returned,

and no more.
N.D. Cent. Code § 61-40-04 — ND Code / Title 61 / Chapter 61-40 / Section 61-40-04
61-40-04. Board of directors - Officers - Meetings
Status: in_force

61-40-04. Board of directors - Officers - Meetings

1. The board of directors shall adopt such rules and bylaws for the conduct of the

business affairs of the authority as it determines necessary, including the time and

place of regular meetings of the board, financial participation structure for membership

in the authority, and membership appointment and changes. Bylaws need to be

approved by member entity boards.

2. The board shall elect from its members a chairman and a vice chairman. The board

shall elect a secretary and a treasurer, which offices may be held by the same

individual, and either or both offices may be held by an individual who is not a member

of the board. Special meetings of the board may be called by the secretary on order of

the chairman or upon written request of a majority of the qualified members of the

board. Notice of a special meeting must be mailed to each member of the board at

least six days before the meeting, provided that a special meeting may be held at any

time when all members of the board are present or consent in writing.

3. Board members are entitled to receive as compensation an amount determined by the

board not to exceed the amount per day provided members of the legislative

management under section 54-35-10 and must be reimbursed for their mileage and

expenses in the amount provided for by sections 44-08-04 and 54-06-09.
N.D. Cent. Code § 61-38-01 — ND Code / Title 61 / Chapter 61-38 / Section 61-38-01
61-38-01. Definitions (Contingent effective date - See note)
Status: in_force

61-38-01. Definitions. (Contingent effective date - See note)

The department of water resources shall adopt definitions consistent with federal law for,

among other words: "dredged material", "fill material", "general permit", "person", "waters of the

state", and "wetlands".
N.D. Cent. Code § 61-39-09 — ND Code / Title 61 / Chapter 61-39 / Section 61-39-09
61-39-09. Notes issued pending preparation of bonds - Negotiability
Status: in_force

61-39-09. Notes issued pending preparation of bonds - Negotiability

Pending the issuance of bonds, bond anticipation notes may be issued and sold in the form

and with the provisions determined by the board.
N.D. Cent. Code § 61-16-08.1 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-08.1
61-16-08.1. Appointment of alternate board member due to conflict of interest or illness
Status: in_force

61-16-08.1. Appointment of alternate board member due to conflict of interest or

illness.

When a member of a water resource board has a conflict of interest in a specific issue

before the board or is unable to fulfill the duties of a board member because of physical or

mental illness, the county commissioners may appoint a person to serve as an alternate to the

disqualified board member. If the disqualification is for a conflict of interest, the alternate board

member is to serve only for the purpose of deciding the particular issue causing the conflict. If

the disqualification is for physical or mental illness, the alternate board member is to be

appointed by the county commissioners only for one meeting at a time.
N.D. Cent. Code § 61-38-09 — ND Code / Title 61 / Chapter 61-38 / Section 61-38-09
61-38-09. Proceedings (Contingent effective date - See note)
Status: in_force

61-38-09. Proceedings. (Contingent effective date - See note)

1. Any proceeding to determine compliance with or violation of the provisions of this

chapter or any rule, order, or condition in a permit issued pursuant to this chapter by

the department of water resources must be conducted in accordance with chapter

28-32.

2. Any person claiming to be aggrieved or adversely affected by actions taken or by any

rule or order issued pursuant to this chapter may request a hearing by the department

of water resources if no hearing on the matter resulting in the action has been held. If

a hearing has been held, the person claiming to be aggrieved or adversely affected

may petition for reconsideration and may appeal in accordance with chapter 28-32.
N.D. Cent. Code § 61-09-05 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-05
61-09-05. Assessor to determine amounts payable to United States' agencies and other persons or districts
Status: in_force

61-09-05. Assessor to determine amounts payable to United States' agencies and

other persons or districts.

The district assessor in assessing the property of the district shall determine and list the

amount payable for each tract obligated by contract, if any, to the United States, any department

or agency of the United States, to the state water commission, to any person, firm, corporation,

or limited liability company, or to another irrigation district for the payment of water charges.
N.D. Cent. Code § 61-15-11 — ND Code / Title 61 / Chapter 61-15 / Section 61-15-11
61-15-11. Wild and scenic rivers
Status: in_force

61-15-11. Wild and scenic rivers

1. Before a political subdivision engages in meetings with federal agencies to have any

waterbody in the state designated a wild, scenic, or recreational river under the Wild

and Scenic Rivers Act [16 U.S.C. 1271, et seq.] the political subdivision must notify

the:

a. Director of the department of water resources;

b. Director of the department of environmental quality;

c. Director of the game and fish department;

d. Director of the parks and recreation department;

e. Water resource board of any water resource district that would be impacted;

f. Director of the department of trust lands;

g. Director of the department of mineral resources;

h. County commission of any county impacted;

i. Legislators of any district impacted;

j. Grazing associations impacted; and

k. Public service commission.

2. Any written communications between the political subdivision and federal agencies

regarding such designation must be copied to the list in subsection 1.

3. The county commission shall hold a public hearing regarding the potential designation.

4. The governor and the county commission of any county impacted must express written

support before the state or a federal agency designates a wild, scenic, or recreational

river under the Wild and Scenic Rivers Act.
N.D. Cent. Code § 61-10-38 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-38
61-10-38. Elimination of divisions of district
Status: in_force

61-10-38. Elimination of divisions of district

When lands are excluded from an irrigation district by means of the procedure described in

this chapter, and if the district will contain less than twenty thousand irrigable acres [8093.72

irrigable hectares] after the exclusion of the lands, the board of directors shall issue an order

eliminating district divisions in conformity with section 61-05-13.
N.D. Cent. Code § 61-24.8-18 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-18
61-24.8-18. Appeal to department of water resources
Status: in_force

61-24.8-18. Appeal to department of water resources

Within ten days after the hearing under section 61-24.8-17, affected landowners subject to

assessment, who believe the assessment has not been fairly or equitably made, or the project is

not properly located or designed, may petition the department of water resources to review the

assessments and examine the location and design of the proposed project. Upon receipt of a

petition, the department shall examine the lands assessed and the location and design of the

proposed project. If it appears to the department the assessments have not been made

equitably, the department may proceed to correct the assessments. The department's correction

and adjustment of assessments is final. If it appears to the department the project has been

improperly located or designed, the department may order a relocation and redesign, which

must be followed in the construction of the proposed project. Any landowner claiming to receive

no direct benefit from the project may appeal to the department the question of whether there is

any direct benefit. The appeal must be filed with the department within ten days after the

hearing on assessments in section 61-24.8-17. The department may not determine the specific

amount of benefit upon an appeal by an individual landowner and may determine only if there is

any direct benefit to the landowner. The determination of the department upon the appeal is

final.
N.D. Cent. Code § 61-24.8-01 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-01
61-24.8-01. Definitions
Status: in_force

61-24.8-01. Definitions

As used in this chapter:

1. "Auditor" means the county auditor.

2. "Board" means the board of directors of the Garrison Diversion Conservancy District.

3. "Bond" means any revenue bond, refunding bond, improvement bond, or other

evidence of indebtedness, including indebtedness owed to banks, or other public or

private lending sources, of the district issued under this chapter.

4. "Direct benefit" means water is delivered to a tract of land.

5. "Director" means a member of the board of directors.

6. "District" means the Garrison Diversion Conservancy District.

7. "Federal agency" includes the United States, the president of the United States, or any

agency, instrumentality, or corporation of the United States which has been or may be

designated or created by or pursuant to any act or acts or joint resolutions of the

Congress of the United States or which may be owned or controlled, directly or

indirectly, by the United States.

8. "Holder of bonds" or "bondholder", or any similar term, means any person who is the

registered owner of any outstanding revenue bond, improvement bond, or refunding

bond.

9. "Law" means any statute of this state.

10. "Project" means any work, undertaking, enterprise, or any combination of two or more

projects, which the district is authorized to construct. The term includes all irrigation

improvements, betterments, extensions, and replacements of work, undertaking, or

enterprises, and all appurtenances, facilities, easements, lands, rights in land, water

rights, contract rights, approaches, dams, reservoirs, generating stations, trunk

connections, other water mains, filtration works, pumping stations, equipment,

franchises, and structures in connection with or incidental to any irrigation work,

undertaking, or enterprise the district is authorized to construct.

11. "Refinancing" means funding, refunding, paying, or discharging by means of refunding

bonds or the proceeds from the sale of refunding bonds, all or any part of any notes,

bonds, or other obligations issued to finance or to aid in financing the acquisition,

construction, or improvement of a project.

12. "Refunding bonds" means notes, bonds, certificates, or other obligations of the district

issued under this chapter, the proceeds of which are to be used to pay the principal of

or interest on any outstanding bonds or other obligations.

13. "Revenues" means all fees, tolls, rates, rentals, and charges levied and collected by

the district in connection with, and all other income and receipts of whatever kind or

character derived by the district from, the operation of any project.

14. "Warrant" means an order drawn by the proper official of the district on its treasury, the

warrant to be so drawn that when signed by the district treasurer in an appropriate

place it becomes a check on the depository of the district, and a warrant upon the

treasury may not be delivered or mailed to the payee or the payee's agent or

representative until the warrant has been signed by the district treasurer and entered

on the district's books as a check drawn on a bank depository.
N.D. Cent. Code § 61-16-41 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-41
61-16-41. Construction of bridges and culverts - Cost
Status: repealed

61-16-41. Construction of bridges and culverts - Cost

Repealed by S.L. 1963, ch. 421, § 22.
N.D. Cent. Code § 61-38-02 — ND Code / Title 61 / Chapter 61-38 / Section 61-38-02
61-38-02. Powers (Contingent effective date - See note)
Status: in_force

61-38-02. Powers. (Contingent effective date - See note)

The department of water resources has the following powers:

1. To exercise general supervision of the administration and enforcement of this chapter

and all rules and orders adopted pursuant to this chapter.

2. To advise, consult, and cooperate with other agencies of the state, the federal

government, and other states and interstate agencies, and with affected groups,

political subdivisions, and industries in furtherance of the purposes of this chapter.

3. To accept and administer loans and grants from the federal government and from

other sources, public or private, for carrying out any of its functions. The loans and

grants may not be expended for purposes other than those for which the loans and

grants were provided.

4. To enter upon or through a permittee's premises where dredged or fill material is

discharged, after written notice to the permittee.

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

6. To make rules governing the application, issuance, denial, modification, or revocation

of permits for the discharge of dredged or fill material into waters of the state and for

the administration of this chapter.

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

8. To initiate actions in court for the enforcement of this chapter, including actions to

enjoin any threatened or continuing violation of any requirement.

9. To issue administrative orders to restrain any person from engaging in any

unauthorized activity.

10. To take all action necessary or appropriate to secure to the state the benefits of

section 404 of the Clean Water Act [33 U.S.C. 1344].
N.D. Cent. Code § 61-02-68.14 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.14
61-02-68.14. Guarantee issued by commission
Status: in_force

61-02-68.14. Guarantee issued by commission

The commission may guarantee evidences of indebtedness issued or other obligations

undertaken by the owners of water projects eligible to receive municipal, rural, and industrial

water supply funds pursuant to Pub. L. 99-294 [100 Stat. 418], or evidences of indebtedness

issued or other obligations undertaken by a not-for-profit organization establishing a financing

program for the owners of the water projects eligible to receive municipal, rural, and industrial

water supply funds pursuant to Pub. L. 99-294 [100 Stat. 418] for the purpose of providing the

owners with construction period financing. Construction period financing may include the cost of

construction of works or projects, funding of debt service reserves and capitalized interest, and

the payment of the costs of issuance. A commission guarantee of indebtedness or other

obligations of an owner of a water project must be authorized by resolution of the commission

and must be evidenced by a written agreement approved by the commission.
N.D. Cent. Code § 61-35-102 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-102
61-35-102. Conditions and terms
Status: in_force

61-35-102. Conditions and terms

A contract let under this chapter requires the work to be done pursuant to the plans and

specifications on file in the office of the district, subject to the approval of the engineer acting for

the district, and must provide:

1. That the board has the right to suspend the work at any time for improper construction

and to relet the contract or to order a reconstruction of the work as to any part

improperly done.

2. The time within which the work must be completed.

3. The period of time for which the work must be guaranteed as to workmanship and

materials.

4. The fund from which the contract price is to be paid by the district.

5. That the consideration expressed in the contract is payable only in bonds drawn on the

fund described in the contract.

6. That the district assumes and incurs no general liability under the contract.

7. That failure of the engineer to reject work and materials that are not up to

specifications and acceptance of the job by the engineer does not release the

contractor from liability for any failure on the contractor's part to perform work or

furnish materials in accordance with the plans and specifications.

The engineer acting for the district shall provide construction administration and observation of

the work during its progress. In addition to any rights a district may have under its contract for

construction of part or all of an improvement after a contract has been awarded and before work

under the contract has been completed, a district, with the consent of the contractor and without

advertising for bids, may order additional work done by that contractor of the same character as

the work that was contracted for, whether within or without the improvement district for which the

original contract was made, and upon the same terms and conditions specified in the original

contract except as to time of performance, and at the same prices for the additional work;

provided, that the total price payable to the contractor for the additional work may not exceed

twenty percent of the amount estimated by the engineer for the district to be payable for that

character of work under the original contract.
N.D. Cent. Code § 61-16.1-45 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-45
61-16.1-45. Maintenance of drainage projects
Status: in_force

61-16.1-45. Maintenance of drainage projects

1. If it is desired to provide for maintenance of an assessment drain in whole or in part by

means of special assessments, the levy in any year for the maintenance may not

exceed four dollars per acre [.40 hectare] on any agricultural lands benefited by the

drain. The district, at its own discretion, may utilize either of the following methods for

levying special assessments for the maintenance:

a. Agricultural lands that carried the highest assessment when the drain was

originally established, or received the most benefits under a reassessment of

benefits, may be assessed the maximum amount of four dollars per acre

[.40 hectare]. The assessment of other agricultural lands in the district must be

based upon the proportion that the assessment of benefits at the time of

construction or at the time of any reassessment of benefits bears to the

assessment of the benefits of the agricultural land assessed the full four dollars

per acre [.40 hectare]. Nonagricultural property must be assessed the sum in any

one year as the ratio of the benefits under the original assessments or any

reassessment bears to the assessment of agricultural lands bearing the highest

assessment.

b. Agricultural lands must be assessed uniformly throughout the entire assessed

area. Nonagricultural property must be assessed an amount not to exceed

two dollars for each five hundred dollars of taxable valuation of the

nonagricultural property.

2. In case the maximum levy or assessment on agricultural and nonagricultural property

for any year will not produce an amount sufficient to cover the cost of cleaning out and

repairing the drain, a water resource board may accumulate a fund in an amount not

exceeding the sum produced by the maximum permissible levy for six years.

3. If the cost of, or obligation for, the cleaning and repairing of any drain exceeds the total

amount that may be levied by the board in any six-year period, the board shall obtain

the approval of the majority of the landowners as determined by chapter 61-16.1

before obligating the district for the costs.

4. If a board holds an election to approve a project under subsection 3, an affected

landowner receiving a benefit from a project may not vote on the question of obligating

the district for the costs if the landowner has failed to pay the required assessment.
N.D. Cent. Code § 61-04-07 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-07
61-04-07. Rejection of applications - Appeal to district court
Status: repealed

61-04-07. Rejection of applications - Appeal to district court

Repealed by S.L. 2019, ch. 508, § 33.
N.D. Cent. Code § 61-12-30 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-30
61-12-30. Board of flood irrigation may contract for purchase of water - Assessment for maintenance
Status: in_force

61-12-30. Board of flood irrigation may contract for purchase of water - Assessment

for maintenance.

The board of flood irrigation shall have the exclusive care, management, and control of a

flood irrigation project, but for such purpose may enter into a contract with responsible parties

for the operation thereof, and may also, when necessary, enter into a contract with the United

States, or with a district or political subdivision of the state, for purchase of water, or for

furnishing water for flood irrigation. For the purpose of defraying the expense of the care,

operation, maintenance, and repair of such project, including fees of the members of the board,

said board annually shall certify to the county auditor the amount that will be required for such

purposes during the following year. Thereupon the county auditor shall apportion to the several

parcels or tracts of land within such project the amount which each parcel or tract of land shall

be assessable, such apportionment to be made on the basis on which the original benefits were

assessed under the provisions of section 61-12-22, and shall extend such amount upon the tax

lists as a special tax. The taxes so collected shall be credited to the proper fund.
N.D. Cent. Code § 61-02-68.7 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.7
61-02-68.7. Pledge of revenues to secure interim financing notes
Status: in_force

61-02-68.7. Pledge of revenues to secure interim financing notes

All interim financing notes and the interest thereon must be secured by a pledge of, and be

payable from, any grant or loan to be made by an agency or instrumentality of the United States

government or the state of North Dakota, as specified in section 61-02-68.2, and in connection

with such project or works.