N.D. Cent. Code § 61-06-01 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-01
61-06-01. Board of directors of irrigation district - Terms - Vacancies
Status: in_force

61-06-01. Board of directors of irrigation district - Terms - Vacancies

If an irrigation district contains less than twenty thousand irrigable acres [8093.72 irrigable

hectares] of land and is not divided into precincts or divisions, the board of directors consists of

five directors who must be residents of the state and electors of the district and must be elected

at large. Two directors elected at the election for the organization of the district serve until the

first Tuesday in April following the first regular district election, and three serve until the first

Tuesday in April following the second regular election.

If an irrigation district contains twenty thousand irrigable acres [8093.72 irrigable hectares]

or more, it must be divided into five or seven divisions or precincts, as the case may be, and

one director must be elected from and by the electors of each division or precinct.

If an irrigation district contains twenty thousand irrigable acres [8093.72 irrigable hectares]

or more and is divided into five divisions or precincts, the board of directors of the irrigation

district consists of five directors. Two directors elected at the election for the organization of the

district serve until the first Tuesday in April following the first regular district election, and three

directors serve until the first Tuesday in April following the second regular district election.

If an irrigation district contains twenty thousand irrigable acres [8093.72 irrigable hectares]

or more and is divided into seven divisions or precincts, the board of directors of the irrigation

district consists of seven directors. Three directors elected at the election for the organization of

the district serve until the first Tuesday in April following the first regular district election, and four

directors serve until the first Tuesday in April following the second regular district election.

The terms of office of the directors elected at the first election for the organization of the

district must be determined by lot at their first meeting. Directors elected at subsequent

elections serve for four years and until their successors are duly elected and qualified. In case

the office of any director becomes vacant, the remaining members of the board shall fill the

vacancy by appointment. A director appointed to fill a vacancy serves the unexpired term of the

director whose office that director has been appointed to fill. If vacancies occur in the offices of a

majority of the directors of an irrigation district, the remaining members and the director of the

department of water resources shall fill the vacancies; and if the offices of all the directors

become vacant, the director of the department of water resources shall appoint the members of

the board who shall serve until the next regular election of the district. The successors of the

appointed directors must be elected to serve the unexpired term of the directors whose offices

became vacant. The unexpired term of office that each director elected in this manner fills must

be determined by lot.
N.D. Cent. Code § 61-16-28 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-28
61-16-28. Certification of assessments to county auditor
Status: repealed

61-16-28. Certification of assessments to county auditor

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-04-31 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-31
61-04-31. Reservation of waters - Public hearing - Notice
Status: in_force

61-04-31. Reservation of waters - Public hearing - Notice

1. Whenever it appears necessary to the department of water resources, or when

directed by the commission, the department may reserve and set aside waters by

regulation for beneficial use in the future.

a. Before the adoption of a regulation under this section, the department shall

conduct a public hearing in each county where waters relating to the regulation

are located. At least seven days before the date set for the public hearing, a

notice must be published in the official county newspapers within each of the

counties.

b. Regulations adopted hereunder are subject to chapter 28-32.

2. When sufficient information or data is lacking to allow for sound decisionmaking on a

water permit application, the department of water resources may withdraw various

waters of the state from additional appropriations until sufficient data or information is

available. Water permit applications pending from these sources will be placed in a

deferred status.
N.D. Cent. Code § 61-02-18 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-18
61-02-18. Application for irrigation project - Fees to accompany - Surveys made
Status: in_force

61-02-18. Application for irrigation project - Fees to accompany - Surveys made

Upon application by any landowner, holder of any easement, or holder of any lease of five

or more years' duration, or of any group or association of such landowners, easement holders,

or leaseholders for an irrigation project, the commission shall make such preliminary

engineering, soil survey, and other investigations as may be necessary to determine the

feasibility of any such proposed project. Such applicant shall submit with the application such

fees as the commission shall establish for projects of different classes. Following such

preliminary survey and upon further application by the applicant, the commission shall enter into

a contract with such applicant for a complete engineering, soil survey, and other investigations

of said project. The soil survey shall meet such standards as are prescribed by the bureau of

chemistry and soils of the federal government and the North Dakota state university of

agriculture and applied science. The engineering survey shall be of sufficient detail and quality

to enable the applicant to comply with the requirements for obtaining a permit to appropriate

water, and to enable any competent contractor to estimate costs and quantities of material

needed within reasonable limits, and to install such project without further engineering service.

The contract for such engineering service between the applicant and the commission shall

require the commission to pay not more than seventy-five percent of the cost of such detailed

engineering survey and the drawing of the necessary plans and specifications, with not less

than twenty-five percent to be paid by the applicant.
N.D. Cent. Code § 61-02-23 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-23
61-02-23. Actions to acquire property rights
Status: in_force

61-02-23. Actions to acquire property rights

The commission shall have full power and authority:

1. To institute, maintain, and prosecute to final determination in any of the courts of this

or any other state, or in any of the federal courts, any and all actions, suits, and special

proceedings that may be necessary:

a. To enable it to acquire, own, and develop lands for irrigation and water

conservation, water distribution, and other necessary purposes. The commission

may sell such lands upon such terms and conditions as it may prescribe and may

own and hold title to lands for damsites, reservoir sites, water rights, easements,

and rights of way for diversion and distributing systems, lateral ditches, and other

means for the distribution of waters in this state, and for any other necessary

purposes.

b. To adjudicate all water rights upon any stream, watercourse, or source of water

supply from which are derived the waters for such reservoir, diversion and

distributing systems, lateral ditches, and other means of distribution.

2. To join in any action any and all owners of vested water rights acquired by any person,

association, corporation, or limited liability company, so that adjudication may be had

of all surplus water upon all of the watercourses and sources, water supplies or any

project constructed under the supervision and control of the commission.

3. To join all persons interested as parties in all actions or condemnation proceedings

affecting the title of, or holding liens upon, the property sought to be acquired as

disclosed by the public records, and the court in such actions or special proceedings

shall implead all parties necessary for a full and final determination of all issues upon

their merits for the partition and distribution of damages awarded. In the event of

controversy between such parties, the court may direct the amount of damages

awarded to be paid in or deposited with the clerk of court to abide the result of further

appropriate proceedings either in law or in equity. The taking possession of property

sought to be condemned shall not be delayed by reason of any dispute between rival

claimants or the failure to join any of them as parties to such action or condemnation

proceedings.
N.D. Cent. Code § 61-12-41 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-41
61-12-41. Sinking fund
Status: in_force

61-12-41. Sinking fund

The board of county commissioners shall provide sinking funds for the payment at maturity

of each series of bonds issued and for the payment of the annual interest on the same if serial

bonds are issued.
N.D. Cent. Code § 61-16.1-23 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-23
61-16.1-23. Appeal to department of water resources
Status: in_force

61-16.1-23. Appeal to department of water resources

Within twenty days after the meeting at which the water resource board approves the final

assessment list required under section 61-16.1-22:

1. Affected landowners and any political subdivision subject to assessment, having not

less than thirty-three percent of the possible votes as determined by section

61-16.1-20, which believe the assessment was not made fairly or equitably or the

project is not located or designed properly, may appeal to the department of water

resources by petition to review the assessments and examine the location and design

of the proposed project. Upon receipt of the petition the department shall examine the

lands assessed and the location and design of the proposed project, and if it appears

the assessments were not made equitably, the department may correct the

assessments, and the department's correction and adjustment of the assessment is

final. If the department believes the project was located or designed improperly, the

department may order a relocation and redesign that must be followed in the

construction of the proposed project.

2. Upon filing a bond for two hundred fifty dollars with the board for the payment of the

costs of the department in the matter, any landowner or political subdivision claiming

the landowner or political subdivision will receive no benefit from the construction of a

new project may appeal that issue to the department. Upon an appeal by an individual

landowner or political subdivision, the department may determine whether there is any

benefit to the landowner or political subdivision, but not the specific amount of benefit.

The determination of the department regarding whether there is a benefit is final.

3. Before filing an appeal under this section, a landowner or political subdivision that

meets the threshold for filing an appeal under this section may request assistance

from the North Dakota mediation service to resolve grievances arising from the final

assessment list. If the North Dakota mediation service agrees to assist the aggrieved

person, the water resource board shall participate in good faith in the mediation.

Requesting assistance or engaging in mediation under this section is not a

prerequisite or a bar to appealing to the department under this section. Deadlines to

initiate appeals are not tolled by a person requesting assistance from the North Dakota

mediation service under this section.
N.D. Cent. Code § 61-12-01 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-01
61-12-01. When improvements may be constructed
Status: in_force

61-12-01. When improvements may be constructed

Dams, gates, and necessary ditches and canals for the purpose of controlling, regulating,

and forcing the overflow of water in non-navigable rivers or streams within this state may be

established, constructed, and maintained in the several counties of the state under the

provisions of this chapter whenever the same shall be conducive to the public health,

convenience, or welfare.
N.D. Cent. Code § 61-16.1-22 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-22
61-16.1-22. Assessment list to be published - Notice of hearing - Alteration of assessments - Confirmation of assessment list - Filing
Status: in_force

61-16.1-22. Assessment list to be published - Notice of hearing - Alteration of

assessments - Confirmation of assessment list - Filing.

1. After entering an order establishing the project, the water resource board shall provide

notice of a hearing at which the board will meet to hear objections to the proposed

assessments from any interested party or agent for an interested party. The notice

must:

a. Include a copy of the order establishing the project;

b. Specify the time and place of the hearing;

c. Identify the beginning, terminus, and general course of the project as finally

determined by the engineer and the board;

d. Include the assessment list showing the percentage assessment against each

parcel of land benefited by the proposed project and the approximate assessment

in terms of money apportioned;

e. Be mailed to each affected landowner at the landowner's address as shown by

the tax rolls of the county in which the affected property is located. The board

may send the assessment list and notice by regular mail attested by an affidavit

of mailing signed by the attorney or secretary of the board; and

f. Be published once a week for two consecutive weeks in the newspaper of

general circulation in the area in which the affected lands are located.

2. The date set for the hearing must be at least twenty days after the notice is mailed. At

the hearing, the board may alter the assessments as the board deems just and

necessary to correct any error in the assessment but shall make the aggregate of all

assessments equal to either the total amount required to pay the entire cost of the

work for which the assessments are made, or the part of the cost to be paid by special

assessment. An assessment may not exceed the benefit as determined by the board

to the parcel of land or political subdivision assessed. The board then shall confirm the

assessment list. The secretary shall attach to the list a certificate stating the list is

correct as confirmed by the board and shall file the list in the office of the secretary.
N.D. Cent. Code § 61-10-27 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-27
61-10-27. Board may include lands in district
Status: in_force

61-10-27. Board may include lands in district

If the board of directors deems a change in district boundaries to include any of the lands

mentioned in the petition is not in the best interests of the district, the board shall reject the

petition. If the board deems the change is in the best interest of the district, the board shall grant

the petition in whole or in part and by resolution direct the chairman and the secretary of the

board to issue an order including all or any part of the lands mentioned in the petition in the

district, unless electors who together own at least ten percent of the whole number of acres

[hectares] in the district subject to assessment for irrigation costs object in writing at or before

the time of hearing to the inclusion of the lands. When lands are included in a district, the order

of the board of directors allowing inclusion must be filed with the department of water resources

and with the county auditor of each county in which the lands are situated. The order also must

be filed and recorded in the office of the recorder of each such county.
N.D. Cent. Code § 61-39-12 — ND Code / Title 61 / Chapter 61-39 / Section 61-39-12
61-39-12. Covenants and provisions that may be inserted in resolution authorizing bonds
Status: in_force

61-39-12. Covenants and provisions that may be inserted in resolution authorizing

bonds.

Any resolution authorizing the issuance of bonds under this chapter may contain covenants

and provisions concerning:

1. The rates, fees, tolls, or charges to be charged for the services, facilities, and

commodities of a project.

2. The use and disposition of all or a portion of the authority's income, profits, and

revenues.

3. The creation, maintenance, regulation, use, and disposition of reserves or sinking

funds.

4. The purpose to which the proceeds of the sale of bonds may be applied and the use

and disposition of the proceeds.

5. The events of default and the rights and liabilities arising upon default and the terms

and conditions upon which the holders of bonds issued under this chapter may bring

civil action on the bonds.

6. The creation, priority, and enforcement of liens against the authority's income, profits,

or revenues.

7. The issuance of other or additional bonds or instruments payable from or constituting a

charge against the authority's income, profits, or revenues.

8. The creation and use of synthetic interest rate contracts, interest rate caps, floors, and

collars, and other techniques to lower the authority's borrowing rate or reduce its

exposure to interest rate risk, or both.

9. The keeping, inspection, and audit of books of account.

10. The terms and conditions upon which any or all of the bonds become or may be

declared due before maturity and the terms and conditions upon which the declaration

and its consequences may be waived.

11. The rights, liabilities, powers, and duties arising upon the breach by the authority of

any covenants, conditions, or obligations.

12. The vesting in a trustee of the right to enforce any covenants made to secure, to pay,

or in relation to the bonds, the powers and duties of such trustee, and the limitations of

liabilities thereof.

13. The terms and conditions upon which the holders of the bonds, or the holders of any

proportion or percentage of them, may enforce any covenants made or any duties

imposed under this chapter.

14. A procedure by which the terms of any resolution authorizing bonds or of any other

contract with bondholders, including an indenture of trust or similar instrument, may be

amended or abrogated, and the amount of bonds that holders of which must consent

to the resolution or contract, and the manner in which such consent may be given.

15. The subordination of the security of any bonds issued under this chapter and the

payment of principal and interest on those bonds, to the extent deemed feasible and

desirable by the governing body, to other bonds or obligations of the authority issued

to finance or refinance a project or that may be outstanding when the bonds thus

subordinated are issued and delivered.

16. Provisions with respect to the authority entering an agreement with a private bond

insurer, bank, or other liquidity or credit enhancer for bond insurance, a guarantee, a

letter of credit, or any other credit or liquidity enhancement that the authority may find

to be advantageous or necessary to insure, guaranty, or enhance the payment of the

principal of or interest on or liquidity for some or all of the bonds. The cost of any such

enhancement or liquidity may be paid from bond proceeds or from other funds of the

authority available for this purpose.

This section does not authorize the authority to do anything in any manner or for any purpose

which would result in the creation or incurring of a debt or indebtedness of the state or the

issuance of any instrument which would constitute a debt or indebtedness of the state within the

meaning of any provision, limitation, or restriction of the Constitution of North Dakota relating to

the creation or incurring of a debt or indebtedness of the state or the issuance of an instrument

constituting a debt or indebtedness of the state.
N.D. Cent. Code § 61-28.1-01 — ND Code / Title 61 / Chapter 61-28.1 / Section 61-28.1-01
61-28.1-01. Declaration of public policy and legislative intent
Status: in_force

61-28.1-01. Declaration of public policy and legislative intent

The legislative assembly declares it to be the policy of this state that safe supplies of

drinking water are essential to the maintenance of public health and welfare. Those persons

supplied with water from public water systems must be able to rely with confidence upon the

quality of water publicly used for human consumption. Those persons served by public water

systems are entitled to regulation of those systems so that they may purchase healthful water,

free of harmful contaminants. It is the intention of the legislative assembly that these policies will

be fulfilled by the state in accordance with the terms of this chapter and consistent with the

provisions of the federal Safe Drinking Water Act of 1974.
N.D. Cent. Code § 61-35-01 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-01
61-35-01. Definitions
Status: in_force

61-35-01. Definitions

As used in this chapter:

1. "Auditor" means the county auditor.

2. "Benefit unit" means the fee each member pays, for each service that is planned to be

connected to the water system, for the privilege of using the district's facilities.

3. "Board" means the board of directors of a district.

4. "Bond" means any revenue bond, refunding bond, or improvement bond, or other

evidence of indebtedness of a district issued under this chapter.

5. "Director" means a member of the board of directors.

6. "District" means a water district organized under this chapter.

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

bonds.

9. "Law" means any statute of this state.

10. "Member" means an owner of real property that is located within a district, the tenant

of the real property, or another person acting for the owner with the owner's written

consent.

11. "Participating member" means a member who has subscribed to and paid the

established fee for at least one benefit unit in a district, in the manner provided by this

chapter.

12. "Project" means any work, undertaking, enterprise, or any combination of two or more

projects which a district is authorized to construct and from which the district has

derived or may derive revenues. "Project" includes all 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, sewage disposal plants,

intercepting sewers, trunk connections, other sewer and water mains, filtration works,

pumping stations, equipment, franchises, and structures in connection with or

incidental to any work, undertaking, or enterprise a district is authorized to construct.

13. "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 and payable solely from all or any part of the

revenue or interest on the revenue of the project in arrears or about to become due

whether or not such interest is represented by interest certificates.

14. "Refunding bonds" means notes, bonds, certificates, or other obligations of a 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.

15. "Revenues" means all fees, tolls, rates, rentals, and charges levied and collected by a

district in connection with, and all other income and receipts of whatever kind or

character derived by a district from, the operation of any project.

16. "Warrant" means an order drawn by the proper official of a district on its treasury, the

warrant of order to be so drawn that when signed by the district treasurer in an

appropriate place it becomes a check on the depository of such 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 § 61-08-11 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-11
61-08-11. Cancellation of bonds authorized but not paid - Destruction of bonds - Affidavit of destruction - Filing
Status: repealed

61-08-11. Cancellation of bonds authorized but not paid - Destruction of bonds -

Affidavit of destruction - Filing.

Repealed by S.L. 1997, ch. 518, § 24.
N.D. Cent. Code § 61-07-22 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-22
61-07-22. Commencement of special proceedings to confirm contracts, special assessment, or other action
Status: in_force

61-07-22. Commencement of special proceedings to confirm contracts, special

assessment, or other action.

The board of any irrigation district organized under the provisions of this title, before issuing

any bonds or improvement warrants of such district, shall, and in its discretion, before making

any contract or levying any assessment or taking any special action, may, commence a special

proceeding in and by which the proceedings of such board and of such district, the making of

any contract or the levying of any assessment or the taking of any special action, shall be

judicially examined, approved, and confirmed, or disapproved and disaffirmed.
N.D. Cent. Code § 61-16-46 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-46
61-16-46. Drains along and across public roads and railroads
Status: repealed

61-16-46. Drains along and across public roads and railroads

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-14-06 — ND Code / Title 61 / Chapter 61-14 / Section 61-14-06
61-14-06. Measuring devices - Unlawful to take water without using
Status: in_force

61-14-06. Measuring devices - Unlawful to take water without using

Every ditch owner shall construct and maintain a substantial headgate at the point where

the water is diverted and shall construct a measuring device, of a design approved by the

department of water resources, at the most practicable point for measuring and apportioning the

water as determined by the department. The department may order the construction of the

measuring device by the ditch owner, and if construction is not completed within twenty days

after receipt of the order, the person in charge of the irrigation works, upon instructions from the

department, shall refuse to deliver water to the ditch owner. The ditch owner may not take water

from the irrigation works until the measuring device is constructed and the department approves

the device. Measuring devices must be arranged so they can be locked in place, and when

locked by the person in charge of the irrigation works or that person's authorized agent, for the

measurement or apportionment of water, other persons may not interfere with, disturb, or

change the devices. The use of water through a measuring device that was interfered with,

disturbed, or changed constitutes prima facie evidence the person benefited by the interference,

disturbance, or change violated this section.
N.D. Cent. Code § 61-41-07 — ND Code / Title 61 / Chapter 61-41 / Section 61-41-07
61-41-07. Fargo-Moorhead flood control project
Status: in_force

61-41-07. Fargo-Moorhead flood control project

1. The sixty-third legislative assembly declares its intent to provide state funding not to

exceed four hundred fifty million dollars for one-half of the nonfederal or local cost of

constructing a federally authorized Fargo-Moorhead flood control project.

2. Notwithstanding any other law, any funds appropriated for the construction of the

Fargo-Moorhead flood control project may be carried over to future bienniums.

3. State funding for the Fargo-Moorhead flood control project may be appropriated at the

time and in the manner determined by the legislative assembly, either concurrently or

separately from federal and local funding for the Fargo-Moorhead flood control project.
N.D. Cent. Code § 61-35-05 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-05
61-35-05. Contents of notice
Status: in_force

61-35-05. Contents of notice

The notice prepared by the department of water resources must set forth:

1. The location of the area designated by the petitioners to be included in the proposed

district, as described or shown by the original petition.

2. The time and place fixed by the department of water resources for the hearing on the

petition.

3. That all owners or tenants of real property or other interested persons within the

boundaries described may appear and be heard.

4. That the proposed district, if organized, has no power or authority to levy any taxes.
N.D. Cent. Code § 61-14-11 — ND Code / Title 61 / Chapter 61-14 / Section 61-14-11
61-14-11. Penalty
Status: in_force

61-14-11. Penalty

If no penalty is provided specifically, any violation of the provisions of this chapter, declared

herein to be unlawful, shall be a class B misdemeanor.
N.D. Cent. Code § 61-08-37 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-37
61-08-37. Refunding bonds may be exchanged or sold
Status: repealed

61-08-37. Refunding bonds may be exchanged or sold

Repealed by S.L. 1997, ch. 518, § 24.
N.D. Cent. Code § 61-16.1-20 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-20
61-16.1-20. Voting right or powers of landowners
Status: in_force

61-16.1-20. Voting right or powers of landowners

The allocation of voting rights among affected landowners on the question of establishing a

proposed project must provide a fair relationship between the amount of liability for

assessments and the power of objecting to the establishment of the project. Affected

landowners have one vote for each dollar of assessment to which the land is subject or one vote

for each dollar of the assessed valuation of land condemned for the project, as determined in

accordance with title 57. The governing body of any county, township, or city to be assessed

also has one vote for each dollar of assessment against the county, township, or city. There may

be only one vote for each dollar of assessment, regardless of the number of owners of a tract of

land. If there is more than one owner of the land, the votes must be prorated among the owners

in accordance with each owner's property interest. A written power of attorney authorizes an

agent to protest a project on behalf of the affected landowner that executed the power of

attorney.
N.D. Cent. Code § 61-31-03 — ND Code / Title 61 / Chapter 61-31 / Section 61-31-03
61-31-03. Waterbank agreements
Status: in_force

61-31-03. Waterbank agreements

The commissioner shall have authority to enter into agreements with landowners for the

conservation of wetlands. These agreements shall be entered into for a period of five or ten

years, with provision for renewal for additional five-year or ten-year periods. The commissioner

shall re-examine the payment rates at the beginning of the fifth year of any ten-year initial or

renewal period and before the beginning of any renewal period and, providing that funds are

available, make needed adjustments in rates for any initial or renewal period.
N.D. Cent. Code § 61-24.5-14 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-14
61-24.5-14. County treasurer or city auditor to collect and remit district taxes - District fund established - Nonreverter - Disbursements
Status: in_force

61-24.5-14. County treasurer or city auditor to collect and remit district taxes - District

fund established - Nonreverter - Disbursements.

The treasurer of each county in which a mill levy has been certified shall collect the taxes,

together with interest and penalty thereon, if any, in the same manner as the general taxes are

collected, and shall pay over to the treasurer of the authority, on demand, all taxes, interest, and

penalties so collected, and shall forthwith notify the secretary of the authority of such payment.

Expenditures must be approved by the board of directors.
N.D. Cent. Code § 61-24.6-07 — ND Code / Title 61 / Chapter 61-24.6 / Section 61-24.6-07
61-24.6-07. Operation and maintenance fund - Deposit - Use
Status: in_force

61-24.6-07. Operation and maintenance fund - Deposit - Use

Revenues received by the state water commission from water user entities or otherwise for

operation and maintenance of the northwest area water supply project must be maintained, as a

part of the moneys of the state received and kept by the state treasurer in a fund to be

designated as the northwest area water supply project operation and maintenance fund. All

moneys received by the state treasurer for operation and maintenance of the northwest area

water supply project and the interest on moneys in the fund must be kept by the state treasurer

in the fund distinct from all other moneys and must be disbursed by the state treasurer and used

only for paying for costs and expenditures for operation and maintenance of the northwest area

water supply project.
N.D. Cent. Code § 61-01-12 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-12
61-01-12. Fouling waters with gas tar or other refuse - Penalty
Status: repealed

61-01-12. Fouling waters with gas tar or other refuse - Penalty

Repealed by S.L. 1975, ch. 106, § 673; 1975, ch. 568, § 1.
N.D. Cent. Code § 61-05-04 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-04
61-05-04. Fiduciary must file proof of authority - Appointment of agent
Status: in_force

61-05-04. Fiduciary must file proof of authority - Appointment of agent

A guardian, executor, administrator, or trustee shall present to and file with the clerk of the

irrigation district election board a certified copy of the person's or corporation's letters of

guardianship, letters testamentary, or letters of administration, or of the instrument creating the

trust, as the case may be. Any such guardian, executor, administrator, or trustee, whether an

individual or a corporation, by an instrument in writing, duly acknowledged, may designate an

agent to vote in the person's or corporation's behalf. Such instrument appointing such agent

shall be presented to and filed with the clerk of the district election board by such agent.
N.D. Cent. Code § 61-16-19 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-19
61-16-19. May contract with federal and state governments - Local districts, persons and corporations - Canadian government, provinces and municipalities - Acquire property in adjoining states and provinces
Status: repealed

61-16-19. May contract with federal and state governments - Local districts, persons

and corporations - Canadian government, provinces and municipalities - Acquire

property in adjoining states and provinces.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-35-94 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-94
61-35-94. Rejection of bids - Readvertising for bids or construction by district without contract - Re-evaluation of project
Status: in_force

61-35-94. Rejection of bids - Readvertising for bids or construction by district without

contract - Re-evaluation of project.

If in its opinion the best interests of the district require, the board may reject any and all bids

filed under this chapter. If all bids are rejected, the board may:

1. Readvertise for new bids;

2. Cause the work described in the plans, specifications, and estimates to be done

directly by the district by the employment of labor and the purchase of materials

required, or in any other manner the board considers proper, and payment for the work

may be provided through special assessments in the same manner as though the

work had been performed under contract, provided this work amounts to no more than

the amount provided for construction of a public improvement under section

48-01.2-02; or

3. Cause the work described in the plans, specifications, and estimates to be reviewed

and re-evaluated by the engineer for the district so that the board may determine

whether the entire project or only a portion of the project is feasible.
N.D. Cent. Code § 61-06-11 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-11
61-06-11. Board of election of irrigation district - Failure of member of election board to be present
Status: in_force

61-06-11. Board of election of irrigation district - Failure of member of election board

to be present.

Before the date of the regular election, the board shall appoint from the electors of the

district one clerk and two judges who shall constitute the board of election. If the board fails to

appoint a board of election, or if the members appointed do not attend at the opening of the mail

ballots or the opening of the polls on the day of election, the electors of the district present at

that hour may appoint the members of the election board or fill the place of an absent member.

The board of directors, in its order or resolution appointing the members of the board of election,

shall designate the time and place where the mail ballots will be opened or where the election

will be held.
N.D. Cent. Code § 61-04.1-10 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-10
61-04.1-10. Biennial report
Status: repealed

61-04.1-10. Biennial report

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 61-04-20 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-20
61-04-20. Approval of state engineer - Rights of claimant - Procedure
Status: repealed

61-04-20. Approval of state engineer - Rights of claimant - Procedure

Repealed by S.L. 1963, ch. 419, § 7.
N.D. Cent. Code § 61-16.1-46 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-46
61-16.1-46. Establishing new drains in location of invalid or abandoned drain
Status: in_force

61-16.1-46. Establishing new drains in location of invalid or abandoned drain

If any of the proceedings for the location, establishment, or construction of any drain under

the provisions of this chapter shall have been enjoined, vacated, set aside, declared void, or

voluntarily abandoned by the water resource board, for any reason whatsoever, the board may

proceed under the provisions of sections 61-16.1-17 through 61-16.1-22 to locate, establish,

and construct a new drain at substantially the same location as the abandoned or invalid drain.

For the purposes of this chapter, a drain that is not properly maintained shall be considered

abandoned. When a new drain is established at substantially the same location, the board shall

ascertain the real value of services rendered, moneys expended and work done under the

invalid or abandoned proceedings, and the extent to which the same contributes to the

construction and completion of the new drain. The board shall then issue warrants in an amount

not exceeding the value to the new drain of the work completed on the invalid or abandoned

drain and shall deliver such new warrants, pro rata, to the owners or holders of old warrants or

bonds issued under the invalid or abandoned drainage proceedings, upon the surrender of such

old warrants or bonds by the holder or holders thereof.
N.D. Cent. Code § 61-37-04 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-04
61-37-04. Guarantee, lending, and borrowing powers
Status: in_force

61-37-04. Guarantee, lending, and borrowing powers

The program may guarantee municipal securities issued by an irrigation district. The

program may lend money to irrigation districts through the purchase and holding of municipal

securities which are eligible for purchase by the program, under this chapter, according to the

terms of a guarantee by the program for the payment of debt service on a municipal security of

an irrigation district. However, the program may lend money to irrigation districts through the

purchase and holding of municipal securities issued by the irrigation district, without regard to

the initial issuance of a guarantee of the principal amount and interest payable on the municipal

securities issued, if the commission approves a resolution that authorizes the program to

purchase and hold those municipal securities. The authorizing resolution must state that the

commission has determined that private bond markets will not be responsive to the needs of the

issuing irrigation district concerning the municipal securities or that the municipal securities

cannot be sold through private bond markets without the guarantee of the program. The

program may hold municipal securities acquired under this chapter for any length of time

necessary. The program, for the purposes authorized by this chapter, may issue its bonds

payable solely from the revenues available to the program which are authorized or pledged for

payment of program bonds and obligations, and assist irrigation districts as provided in this

chapter. Bonds or guarantees of the program issued under this chapter are not a debt or liability

of the state and do not constitute a loan of the credit of the state, create any debt or liability on

behalf of the state, or constitute a pledge of the faith and credit of the state. The bonds are

payable solely from revenues pledged or available for their payment as authorized in this

chapter. Each bond must contain on its face a statement to the effect that the program is

obligated to pay the principal or interest, and redemption premium, if any, and that neither the

faith and credit nor the taxing power of the state is pledged to the payment of the principal or the

interest on the bonds. Specific funds pledged to fulfill the program's obligations are obligations

of the program. All expenses incurred in carrying out this chapter are payable solely from

revenues or funds provided or to be provided under this chapter and nothing in this chapter may

be construed to authorize the program to incur any indebtedness or liability on behalf of or

payable by the state. Guarantees or bonds issued under this chapter are in the public interest

and are not subject to the limitation contained in subsection 2 of section 61-02-46.
N.D. Cent. Code § 61-31-01 — ND Code / Title 61 / Chapter 61-31 / Section 61-31-01
61-31-01. Rulemaking authority
Status: in_force

61-31-01. Rulemaking authority

The agriculture commissioner is authorized to adopt rules, pursuant to chapter 28-32, to

implement this chapter.
N.D. Cent. Code § 61-40-10 — ND Code / Title 61 / Chapter 61-40 / Section 61-40-10
61-40-10. Industrial water depot and lateral sales
Status: in_force

61-40-10. Industrial water depot and lateral sales

1. An accounting of industrial water depot and lateral sales collected and distributed by

the authority must be reported to the state water commission on a monthly basis.

Participating member entities shall transfer industrial water depot and lateral sales to

the authority within thirty days of receipt of the revenues. The boards of the authority

and participating member entities must be notified of the sweep of revenues; however,

board approval is not required. Upon the receipt of industrial water depot and lateral

revenues by the authority, the authority shall apply immediately all revenues each

month in the following order:

a. Reimburse the authority for industrial water depot capital improvements and the

cost for delivery of potable or nonpotable water sold at industrial water depots

and lateral lines, at a cost no greater than the participating member, or

submember, if applicable, entity rate at the location of the depot or lateral line.

b. Regular payments on the participating member entity debt as described in the

agreements with the authority as of March 31, 2013, and baseline 2010 industrial

water sales included in and subject to the terms of the authority and participating

member agreements as of March 31, 2013. Baseline 2010 industrial water sales

for the city of Tioga in the year 2013 are limited to the lesser of legally permitted

industrial water sales or the amount in the member agreement.

c. Required monthly payments on state-guaranteed loans. The required transfer

must occur no later than the twentieth day of the following month.

d. Additional principal payment on state-guaranteed loans.

e. Payment to the resources trust fund.

2. If the debt has not been repaid, without the written consent of the state water

commission the authority may not sell, lease, abandon, encumber, or otherwise

dispose of any part of the property used in a water system of the authority if the

property is used to provide revenue. Any requirements on the state-guaranteed loans

for establishment of reserve funds for operation and maintenance or debt service are

waived.

3. The western area water supply authority shall make additional payments on the

infrastructure revolving fund loan, authorized in section 61-40-14, in any month in

which the debt service coverage ratio exceeds one and one-tenth. Debt service

coverage ratio means net income before capital expenditures, interest expense, and

depreciation expense divided by the sum of interest expenses and the required

principal and interest payment.
N.D. Cent. Code § 61-03-15 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-15
61-03-15. Hydrographic surveys and investigations made by the department - Cooperating with federal agencies
Status: in_force

61-03-15. Hydrographic surveys and investigations made by the department -

Cooperating with federal agencies.

The department shall make hydrographic surveys and investigations of each stream system

and source of water supply in the state, beginning with those most used for irrigation, and shall

obtain and record all available data for the determination, development, and appropriation of the

water supply of the state. The department may cooperate with the agencies of the federal

government engaged in similar surveys, investigations, or the construction of works for the

development and use of the water supply of the state, and may expend funds appropriated to

the department for that purpose.
N.D. Cent. Code § 61-35-06 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-06
61-35-06. Appearances
Status: in_force

61-35-06. Appearances

At the hearing on the petition, any owner or tenant of real property or other interested

person within the boundaries of the area described in the petition may appear, in person or by a

designated representative, and any representative of the state or a political subdivision or an

interested person may appear, in favor of or in opposition to the organization of the proposed

district. The appearances may also be filed in writing before the time set for the hearing.
N.D. Cent. Code § 61-35-43 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-43
61-35-43. Powers and duties of receiver of project
Status: in_force

61-35-43. Powers and duties of receiver of project

A receiver appointed under section 61-35-42, directly or by agents and attorneys, shall

immediately enter into and upon and take possession of the entire project and may exclude

from the project the district, its board, officers, agents, and employees, and all persons claiming

under them. The receiver shall have, hold, use, operate, manage, and control the entire project

in the name of the district or otherwise as determined by the receiver. The receiver shall

exercise all the rights and powers of the district with respect to the project. The receiver shall

maintain the project and restore and keep it insured and make all repairs the receiver deems

necessary, proper, or expedient. The receiver shall establish, levy, maintain, and collect such

fees, tolls, rentals, and other charges in connection with the project as the receiver deems

necessary, proper, and reasonable. The receiver shall collect all revenues, deposit them in a

separate account, and apply them as the court directs.
N.D. Cent. Code § 61-10-28 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-28
61-10-28. Electors may object to inclusion of lands - Board may call an election
Status: in_force

61-10-28. Electors may object to inclusion of lands - Board may call an election

If electors who together own or hold ten percent or more of the whole number of acres

[hectares] in the district, subject to assessments for irrigation costs, at the hearing on the

petition, object in writing to the inclusion of the lands therein mentioned, 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 included.
N.D. Cent. Code § 61-16.1-37 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-37
61-16.1-37. Commission, department of water resources, and water resource board shall encourage both structural and nonstructural alternatives
Status: in_force

61-16.1-37. Commission, department of water resources, and water resource board

shall encourage both structural and nonstructural alternatives.

The commission, department of water resources, and the appropriate water resource board

shall encourage both structural and nonstructural solutions to water management problems

within the district by federal and state agencies, private individuals, and other persons, and shall

lend their assistance to facilitate appropriate solutions. All structural alternatives, including

dams, dikes, drains, and other works, whether constructed by public authorities or private

persons, are subject to all the provisions of this chapter unless specifically exempted.
N.D. Cent. Code § 61-20-07 — ND Code / Title 61 / Chapter 61-20 / Section 61-20-07
61-20-07. Enforcement of chapter - Appeal
Status: in_force

61-20-07. Enforcement of chapter - Appeal

The provisions of this chapter must be enforced by the department of water resources. The

department may issue administrative orders requiring compliance with this chapter. An appeal

from a ruling of the department may be taken under the provisions of chapter 28-32.
N.D. Cent. Code § 61-04.1-35 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-35
61-04.1-35. Bid bond, cash, or negotiable securities required
Status: repealed

61-04.1-35. Bid bond, cash, or negotiable securities required

Repealed by S.L. 2023, ch. 567, § 4.
N.D. Cent. Code § 61-24.5-18 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-18
61-24.5-18. Easement granted for ditches, canals, tramways, and transmission lines on any public lands
Status: in_force

61-24.5-18. Easement granted for ditches, canals, tramways, and transmission lines

on any public lands.

In connection with the construction and development of the southwest pipeline project, there

is granted over all the lands belonging to the state, including lands owned or acquired for

highway right-of-way purposes, a right of way for pipelines, connections, valves, and all other

appurtenant facilities constructed as part of the southwest pipeline project, provided, however,

the director of the department of transportation and the director of the department of water

resources must approve the plans of the authority regarding the use of all right of way of roads

before the grant is effective.
N.D. Cent. Code § 61-24.5-08 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-08
61-24.5-08. Term of office of directors - Oath of office - Bonds
Status: in_force

61-24.5-08. Term of office of directors - Oath of office - Bonds

Members of the board of directors of the authority hold office for a term of four years, until a

successor has been duly elected and qualified. If the office of any director becomes vacant by

reason of the failure of any director elected at any election to qualify or for any other reason, the

director's successor must be appointed to fill the vacancy by the board of county commissioners

of the county in which the vacancy occurs, or by the governing body of the city of Dickinson or

Mandan, as appropriate. A director appointed to fill a vacancy shall hold office for the unexpired

term of the director whose office has become vacant, and until a successor has been elected

and qualified.

Members of the board of directors elected from a county must be elected at the primary

election and assume office on the first Monday in July following their election. Members of the

board of directors elected from the city of Dickinson or Mandan must be elected at the municipal

election and assume office on the first Monday in July following their election.

In 2002 all directors' terms are deemed to have expired, and each county shall elect one

director to serve on the board of directors and the city of Dickinson shall elect two directors to

serve on the board of directors. In 2002 one director from the city of Dickinson and directors

from Adams, Billings, Dunn, Grant, Oliver, and Slope Counties must be elected for two-year

terms and in 2004 and thereafter must be elected for four-year terms. In 2010 the director from

the city of Mandan must be elected to a four-year term. All subsequent directors elected must be

elected for four-year terms.

Before assuming the duties of the office of director, each director shall take and subscribe to

the oath of office prescribed by law for civil officers. The authority treasurer must be bonded in

an amount as the board may prescribe.
N.D. Cent. Code § 61-04-06 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-06
61-04-06. Criteria for issuance of permit
Status: in_force

61-04-06. Criteria for issuance of permit

1. The department of water resources shall issue a permit if the department finds all of

the following:

a. The rights of a prior appropriator will not be unduly affected.

b. The proposed means of diversion or construction are adequate.

c. The proposed use of water is beneficial.

d. The proposed appropriation is in the public interest. In determining the public

interest, the department shall consider all of the following:

(1) The benefit to the applicant resulting from the proposed appropriation.

(2) The effect of the economic activity resulting from the proposed

appropriation.

(3) The effect on fish and game resources and public recreational opportunities.

(4) The effect of loss of alternate uses of water that might be made within a

reasonable time if not precluded or hindered by the proposed appropriation.

(5) Harm to other persons resulting from the proposed appropriation.

(6) The intent and ability of the applicant to complete the appropriation.

2. Subsection 1 of section 28-32-38 does not apply to water permit application

proceedings unless a request for an adjudicative proceeding is made. If an application

is approved, the department of water resources shall issue a conditional water permit

allowing the applicant to appropriate water. However, the commission, by resolution,

may reserve unto itself final approval authority over any specific water permit in excess

of five thousand acre-feet [6167409.19 cubic meters].
N.D. Cent. Code § 61-04-22 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-22
61-04-22. Prescriptive water right
Status: repealed

61-04-22. Prescriptive water right

Repealed by S.L. 2019, ch. 508, § 33.
N.D. Cent. Code § 61-33.1-02 — ND Code / Title 61 / Chapter 61-33.1 / Section 61-33.1-02
61-33.1-02. Mineral ownership of land subject to inundation by Pick-Sloan Missouri basin project dams (Retroactive application - See note)
Status: in_force

61-33.1-02. Mineral ownership of land subject to inundation by Pick-Sloan Missouri

basin project dams. (Retroactive application - See note)

The state sovereign land mineral ownership of the riverbed segments subject to inundation

by Pick-Sloan Missouri basin project dams extends only to the historical Missouri riverbed

channel up to the ordinary high water mark. The state holds no claim or title to any minerals

above the ordinary high water mark of the historical Missouri riverbed channel subject to

inundation by Pick-Sloan Missouri basin project dams, except for original grant lands acquired

by the state under federal law and any minerals acquired by the state through purchase,

foreclosure, or other written conveyance. Mineral ownership of the riverbed segments subject to

inundation by Pick-Sloan Missouri basin project dams which are located within the exterior

boundaries of the Fort Berthold reservation and Standing Rock Indian reservation is controlled

by other law and is excepted from this section.
N.D. Cent. Code § 61-10-01 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-01
61-10-01. Change of district boundaries - Effect
Status: in_force

61-10-01. Change of district boundaries - Effect

The boundaries of any irrigation district may be changed and tracts of land not included

within the district may be added to the district, or tracts of land included within the boundaries of

such district may be excluded from the district, in the manner prescribed in this chapter, but

neither such change of the boundaries of the district nor such exclusion of lands from the district

shall impair or affect its organization, or its rights in or to property, or any of its rights or

privileges. It shall not affect nor discharge any contract, obligation, lien, or charge for or upon

which it was or might become liable or chargeable had such change of its boundaries not been

made, or had no land been excluded from the district.
N.D. Cent. Code § 61-02-20 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-20
61-02-20. Approval of commission necessary before constructing certain size dams - Inspection during construction
Status: repealed

61-02-20. Approval of commission necessary before constructing certain size dams -

Inspection during construction.

Repealed by S.L. 1981, ch. 365, § 8.
N.D. Cent. Code § 61-06-12 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-12
61-06-12. Candidates at election - Filing names
Status: in_force

61-06-12. Candidates at election - Filing names

Any person desiring to be a candidate at an irrigation district election shall file that person's

name with the secretary of the board not less than twenty days before the election. The

secretary shall contact each candidate for the purpose of verifying the candidate's willingness to

be a candidate at the election.
N.D. Cent. Code § 61-09-10 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-10
61-09-10. Secretary to enter sum assessed against each tract for each fund - Certifying to county auditor - Duty of auditor
Status: in_force

61-09-10. Secretary to enter sum assessed against each tract for each fund -

Certifying to county auditor - Duty of auditor.

The secretary shall compute and enter the sum assessed against each tract for each

purpose or fund and thereupon shall certify to the county auditor of the county in which each

tract of land is situated the amount of such assessment for each purpose or fund levied upon

each tract of land by the board. The county auditor shall enter the amount assessed for each

fund in a separate column of the tax list of the auditor's county. All tax lists when delivered to the

county treasurer shall show all assessments levied for each fund on each tract of land within the

district.
N.D. Cent. Code § 61-33-08 — ND Code / Title 61 / Chapter 61-33 / Section 61-33-08
61-33-08. Advisory board - Responsibilities
Status: in_force

61-33-08. Advisory board - Responsibilities

There is created a sovereign lands advisory board. The board's responsibility is to advise

the department of water resources and the board of university and school lands on general

policies as well as specific projects, programs, and uses regarding sovereign lands. The board,

being solely advisory, has no authority to require the department of water resources or the

board of university and school lands to implement or otherwise accept the board's

recommendations.
N.D. Cent. Code § 61-10-05 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-05
61-10-05. Payment of share of original cost by petitioners required
Status: in_force

61-10-05. Payment of share of original cost by petitioners required

The board to which a petition for the inclusion of lands into a district is presented may

require, as a condition precedent to the granting of the same, that the petitioners severally shall

pay to such district such respective amounts, as nearly as the same can be estimated, the

several amounts to be determined by the board, as said petitioners or their grantors would have

been required to pay to such district as assessments, had such lands been included in such

district at the time the same originally was formed.
N.D. Cent. Code § 61-09-16 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-16
61-09-16. Payment of assessments under protest - When refunding taxes or assessments
Status: repealed

61-09-16. Payment of assessments under protest - When refunding taxes or

assessments.

When any person against whose property assessments as provided in this chapter have

been made shall pay the same under protest as provided by the general revenue laws of this

state, the board may pass upon and make orders disposing of the moneys paid under protest in

the same form and manner as the boards of county commissioners are authorized to act in the

case of general taxes, and such proceedings shall be had as provided in title 57, so far as such

provisions apply. No taxes or assessments shall be ordered refunded unless the person

complaining shall file in the office of the secretary of such district a copy of the person's tax

receipt, showing the same paid under protest, together with an affidavit in writing showing one

of the following reasons why such taxes or assessments should be refunded:

1. That the land upon which such taxes or assessments were levied is not within the

boundaries of the district for which the lands were taxed or assessed.

2. That the said lands are exempt by law, setting forth the reason therefor.

3. Repealed by S.L. 1957, ch. 380, § 1.
N.D. Cent. Code § 61-35-17 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-17
61-35-17. Selling water
Status: in_force

61-35-17. Selling water

If the capacity of the district's facilities permits, the district may sell water by contract to any

political subdivision, other district, or other person, public or private, not within the boundaries of

the district.
N.D. Cent. Code § 61-01-14 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-14
61-01-14. Fouling public water - What included
Status: repealed

61-01-14. Fouling public water - What included

Repealed by S.L. 1975, ch. 568, § 1.
N.D. Cent. Code § 61-02-10 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-10
61-02-10. Commission to have seal - Judicial notice
Status: in_force

61-02-10. Commission to have seal - Judicial notice

The commission shall have a seal bearing its name. Such seal shall be affixed to such

records and other instruments as the commission may direct, and all courts shall take judicial

notice thereof.
N.D. Cent. Code § 61-04.1-24 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-24
61-04.1-24. Petition contents
Status: in_force

61-04.1-24. Petition contents

The petition for the creation of a weather modification authority and for appointment of

commissioners shall contain:

1. A title with the heading: "Petition for Creation of (insert name of county) Weather

Modification Authority".

2. The following paragraph: We, the undersigned qualified electors of (name of county),

state of North Dakota, by this initiated petition request that the (name of county) board

of county commissioners of said county create by resolution a (name of county)

weather modification authority and appoint the following five qualified electors of the

county to a ten-year term of office as commissioners for the (name of county) weather

modification authority:

(Here insert the name and address of each proposed commissioner for the (name

of county) weather modification authority.)

3. The following paragraph: We, the undersigned qualified electors of the (name of

county), state of North Dakota, are notified hereby that the creation of the (name of

county) weather modification authority and the appointment of its commissioners by

the (name of county) board of county commissioners will grant unto the authority by

law the power to certify to the board of county commissioners a mill levy tax not to

exceed seven mills upon the taxable valuation of property in said county for a weather

modification fund, which tax may be levied in excess of the mill levy limit fixed by law

for taxes for general county purposes and that such fund shall be used for weather

modification activities in conjunction with the state of North Dakota. We, the

undersigned, understand that the authority requested in this petition expires ten years

after the creation of the weather modification authority, except that the board of county

commissioners may by resolution create a weather modification authority and all its

powers, including the power to certify a tax levy as provided by section 61-04.1-26, for

five-year periods in accordance with section 61-04.1-27.

4. A heading: "Committee for Petitioners", followed by this statement: The following

qualified electors of (name of county), state of North Dakota, are authorized to

represent and act for us, and shall constitute the "Committee for the Petitioners" in the

matter of this petition and all acts subsequent thereto.

5. Petition details: All signatures to such petition shall be numbered and dated by month,

day, and year. The name shall be written with residence address and post-office

address, including the county of residence followed by state of North Dakota.

6. An affidavit to be attached to each petition and sworn to under oath before a notary

public by the person circulating each petition attesting to the fact that the person

circulated the petition and that each of the signatures to said petition is the genuine

signature of the person whose name it purports to be, and that each such person is a

qualified elector in the county in which the petition was circulated.

7. The petition must state the mills to be levied by the county for the purposes of this

chapter.
N.D. Cent. Code § 61-16.1-59.1 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-59.1
61-16.1-59.1. Sinking funds and bonds
Status: in_force

61-16.1-59.1. Sinking funds and bonds

A water resource board shall establish a sinking fund for each issue of bonds, and the fund

must consist of all drain assessments made for the bonds, all warrants funded, all assessments

for the warrants, all accrued interest received on sale of bonds, all proceeds of bonds sold not

actually expended for the drain, the reserve fund authorized for purchase of tax delinquent lands

affected by the drain, all general tax levies for payment of obligations of the drain, and any other

moneys that may be appropriated to the sinking fund. Separate sinking funds must be provided

for each separate drain for which bonds have been issued. Until the purpose of the sinking fund

has been fulfilled, moneys in the sinking fund may not be applied to any purpose other than

payment of the bonds for which the fund was created.
N.D. Cent. Code § 61-05-16 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-16
61-05-16. Department of water resources to appoint clerk and two judges of election - Filling vacancies on board
Status: in_force

61-05-16. Department of water resources to appoint clerk and two judges of election -

Filling vacancies on board.

Prior to the holding of an election upon the question of establishing and organizing an

irrigation district, the department of water resources shall appoint from the electors of the district

one clerk and two judges to constitute a board of election for the district. If the district is divided

into divisions or precincts, the board of election must be appointed from the electors of each

division and shall serve as a board of election for the district. If the members appointed do not

attend at the opening of the polls on the day of election, the electors present at that hour may

choose the members of the election board or fill the place of an absent member of the election

board.
N.D. Cent. Code § 61-10-19 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-19
61-10-19. Election ordered to determine exclusion of lands - Publishing and posting - Form of ballots - Conducting
Status: repealed

61-10-19. Election ordered to determine exclusion of lands - Publishing and posting -

Form of ballots - Conducting.

Repealed by S.L. 1959, ch. 410, § 15.
N.D. Cent. Code § 61-16-04 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-04
61-16-04. Resolution of governing body of public corporation filed with commission
Status: repealed

61-16-04. Resolution of governing body of public corporation filed with commission

Repealed by S.L. 1973, ch. 500, § 13.
N.D. Cent. Code § 61-12-10 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-10
61-12-10. Reports and plans of engineer - Copies filed with county auditor
Status: in_force

61-12-10. Reports and plans of engineer - Copies filed with county auditor

Copies of the report and of the plans and specifications of the engineer shall be filed in the

office of the county auditor in the county in which the improvement is proposed to be

constructed, with the board of flood irrigation, and in such other places as the board of flood

irrigation may order, all of which shall be open to inspection.
N.D. Cent. Code § 61-37-15 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-15
61-37-15. Remedies on default of municipal securities
Status: in_force

61-37-15. Remedies on default of municipal securities

In the event of a default by an irrigation district in the payment of interest on or principal of

any municipal securities owned or held by the program, the program may proceed to enforce

payment, pursuant to law, of the interest or principal or other amount then due and payable.
N.D. Cent. Code § 61-08-35 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-35
61-08-35. Procedure used in issuing refunding bonds
Status: in_force

61-08-35. Procedure used in issuing refunding bonds

When in the judgment of the board of directors of an irrigation district it is in the best

interests of the irrigation district to issue its bonds for the purpose of refunding or paying

outstanding indebtedness as provided in section 61-08-34, refunding bonds may be issued

pursuant to resolutions duly passed at a regular or special meeting of the board of directors.

The refunding bonds may be sold at public or private sale and must be signed in the same

manner as the bonds to be refunded or by the officers of the irrigation district as may be

designated in the resolutions providing for their issuance.
N.D. Cent. Code § 61-33.1-04 — ND Code / Title 61 / Chapter 61-33.1 / Section 61-33.1-04
61-33.1-04. Implementation (Retroactive application - See note)
Status: in_force

61-33.1-04. Implementation. (Retroactive application - See note)

1. Within six months after the adoption of the acreage determination by the board of

university and school lands:

a. Any royalty proceeds held by operators attributable to oil and gas mineral tracts

lying entirely above the ordinary high water mark of the historical Missouri

riverbed channel on both the corps survey and the state phase two survey must

be released to the owners of the tracts, absent a showing of other defects

affecting mineral title; and

b. Any royalty proceeds held by the board of university and school lands attributable

to oil and gas mineral tracts lying entirely above the ordinary high water mark of

the historical Missouri riverbed channel on both the corps survey and the state

phase two survey must be released to the relevant operators to distribute to the

owners of the tracts, absent a showing of other defects affecting mineral title.

2. Upon adoption of the acreage determination by the board of university and school

lands:

a. The board of university and school lands shall begin to implement any acreage

adjustments, lease bonus and royalty refunds, and payment demands as may be

necessary relating to state-issued oil and gas leases. The board shall complete

the adjustments, refunds, and payment demands within two years after approving

the acreage determination.

b. Operators of oil and gas wells affected by the final acreage determination

immediately shall begin to implement any acreage and revenue adjustments

relating to state-owned and privately owned oil and gas interests. The operators

shall complete the adjustments within two years after the board approves the

acreage determination. Any applicable penalties, liability, or interest for late

payment of royalties or revenues from an affected oil or gas well may not begin to

accrue until the end of the two-year deadline. The filing of an action under

section 61-33.1-05 tolls the deadline for any oil and gas well directly affected by

the action challenging the review finding or final acreage determination.
N.D. Cent. Code § 61-24.5-02 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-02
61-24.5-02. Definitions
Status: in_force

61-24.5-02. Definitions

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

1. "Authority" means the southwest water authority.

2. "Board" means the board of directors of the southwest water authority.

3. "Person" includes any natural person, state agency, municipality, political subdivision,

public or private corporation, limited liability company, partnership, or association.

4. "Southwest pipeline project" includes the project and works, or any part thereof,

authorized in chapter 61-24.3.

5. "Works" includes all property rights, easements, and franchises relating thereto and

deemed necessary or convenient for operation of the southwest pipeline project, all

water rights acquired and exercised by the authority in connection with the southwest

pipeline project, and all means of delivering and distributing water through the

utilization of a pipeline transmission and delivery system, as authorized in chapter

61-24.3.
N.D. Cent. Code § 61-16.1-60 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-60
61-16.1-60. Authorization to organize association of water resource districts
Status: in_force

61-16.1-60. Authorization to organize association of water resource districts

1. Water resource districts, organized and established pursuant to this chapter, are

authorized upon resolution of the water resource boards to organize and participate in

an association of districts.

2. The association or associations authorized hereunder shall be organized pursuant to
N.D. Cent. Code § 61-35-64 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-64
61-35-64. When assessments may be made
Status: in_force

61-35-64. When assessments may be made

After the requirements of this chapter have been satisfied and a contract and bond for any

work for which a special assessment is to be levied have been approved by the district board,

the board may direct special assessments to be levied for the payment of appropriate costs and

the secretary shall certify to the board the items of total cost to be paid by special assessments

so far as they have been ascertained. The certificate must include the estimated construction

cost under the terms of any contract, a reasonable allowance for cost of extra work that may be

authorized under the plans and specifications, acquisition of right of way, engineering, fiscal

agents' and attorney's fees for any services in connection with the authorization and financing of

the improvement, cost of publication of required notices, printing of improvement bonds, cost

necessarily paid for damages caused by such improvement, interest during the construction

period, and all expenses incurred in making the improvement and levy of assessments.

A contract or contracts may not be awarded which exceed, by forty percent or more, the

estimated cost of the project as presented to and approved by the affected landowners.
N.D. Cent. Code § 61-02-27 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-27
61-02-27. Proposals with respect to use or disposition of waters to be presented to department of water resources
Status: in_force

61-02-27. Proposals with respect to use or disposition of waters to be presented to

department of water resources.

All persons, when concerned with any agreement, contract, sale, or purchase, or the

construction of any works or project which involves the use and disposition of any water or

water rights, shall present to the department of water resources all proposals with respect to the

use or disposition of any waters before making any agreement, contract, purchase, sale, or

lease regarding the waters.
N.D. Cent. Code § 61-12-26 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-26
61-12-26. Computation of costs - Contents
Status: in_force

61-12-26. Computation of costs - Contents

After the letting of a contract for the construction of flood irrigation works, the board of flood

irrigation shall make a computation of the cost of the project which shall include:

1. All the expenses of locating and establishing the same, including the cost of right of

way.

2. The damages paid to landowners for any cause.

3. The fees of the board and the legal and other necessary expenses incurred under the

authorization of the board, including the cost of surveys, plans, and specifications.

4. Interest on all warrants issued or to be issued by the board of flood irrigation on

account of such project, accumulated or to accumulate prior to the time when the tax

levied or to be levied to pay therefor is collectible by law.

5. All other expenses, together with the amount of all contracts let for the construction of

the same.

The sum of all the costs and expenses thus incurred or to be incurred shall be the cost of the

construction of such project.
N.D. Cent. Code § 61-35-24 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-24
61-35-24. Not exempt from other requirements
Status: in_force

61-35-24. Not exempt from other requirements

This chapter does not exempt any district from the requirements of any other statute under

which the district is required to obtain the permission or approval of, or to notify, the state water

commission, or the department of environmental quality, or any other agency of this state or of

any of its political subdivisions before proceeding with construction, acquisition, operation,

enlargement, extension, or alteration of any works or facilities that the district is authorized to

undertake under this chapter.
N.D. Cent. Code § 61-04.1-11 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-11
61-04.1-11. License and permit required
Status: in_force

61-04.1-11. License and permit required

Except as provided in section 61-04.1-12, no person may engage in weather modification

activities without both a professional weather modification license issued under section

61-04.1-14 and a weather modification permit issued under section 61-04.1-16. Licenses shall

expire on December thirty-first of the year of issuance.
N.D. Cent. Code § 61-28-04.1 — ND Code / Title 61 / Chapter 61-28 / Section 61-28-04.1
61-28-04.1. Septic system servicing - Permit required - Inspection authority - Fees
Status: in_force

61-28-04.1. Septic system servicing - Permit required - Inspection authority - Fees

1. A person engaging in the business of servicing septic systems must have a permit

issued by the department and must comply with the conditions imposed by the permit.

2. The department shall administer and enforce a permitting program for septic system

servicers and has the following powers and duties:

a. To require training of and to examine septic system servicers and their

employees;

b. To establish standards and procedures for permitting of septic system servicers;

c. To issue permits to all applicants who satisfy the requirements for certification

under this section and any rules under this section, to renew permits, and to

suspend or revoke permits for cause after notice and opportunity for hearing;

d. To establish reasonable fees for permitting septic system servicers, however the

department may not establish or charge a permit or renewal fee for a plumber

licensed under chapter 43-18 who operates no more than one servicing unit;

e. To establish criteria for the sanitary management of septage, including standards

for the transportation, treatment, and disposal of septage;

f. To require preapproval of land application sites;

g. To require recordkeeping and reporting;

h. To require spill reporting, corrective action, and evidence of financial

responsibility; and

i. To adopt and enforce rules as necessary for implementation of this section.

3. In adopting its rules the department shall apply different standards based on the size

of the septic system servicer, on the type of the service provided, quantity of septage

handled, and number of units. The department may not require preapproval of a land

application site for an application from a rural single-family residence on property

owned or leased by the owner or lessee of the single-family residence.

4. The department may inspect all septic system servicing activities, including records,

equipment, and disposal sites at all reasonable times to ensure compliance with the

laws of this state. Nothing in this section removes the duty of any person to comply

with applicable public health standards.
N.D. Cent. Code § 61-10-26 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-26
61-10-26. Hearing of petition - Assent of parties
Status: in_force

61-10-26. Hearing of petition - Assent of parties

The board of directors of the district, at the time and place mentioned in the notice of

hearing on the petition, or at such time to which the hearing of the petition may be adjourned,

shall proceed to hear such petition and shall receive and consider all objections presented by

any elector in the district or other affected person to the inclusion therein of lands described in

the petition or any part thereof. The secretary of the board shall take note of all objections and

include the same in the minutes of the meeting. The failure of any elector in the district to

appear and object at the hearing, or to file with the board the elector's objection in writing before

or at the hearing, shall be deemed to be an assent on the elector's part to the inclusion of such

lands.
N.D. Cent. Code § 61-10-18 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-18
61-10-18. Bonds or improvement warrants outstanding - Resolution excluding from district - Assent to - Acknowledgment
Status: repealed

61-10-18. Bonds or improvement warrants outstanding - Resolution excluding from

district - Assent to - Acknowledgment.

Repealed by S.L. 1959, ch. 410, § 15.
N.D. Cent. Code § 61-04.1-02 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-02
61-04.1-02. Declaration of policy and purpose
Status: in_force

61-04.1-02. Declaration of policy and purpose

The legislative assembly finds that weather modification affects the public health, safety,

and welfare, and that, properly conducted, weather modification operations can improve water

quality and quantity, reduce losses from weather hazards, and provide economic benefits for the

people of the state. Therefore, in the public interest, weather modification shall be subject to

regulation and control, and research and development shall be encouraged. To minimize

possible adverse effects, weather modification operations shall be carried on with proper

safeguards, and accurate information shall be recorded concerning such operations and the

benefits obtained therefrom by the people of the state.
N.D. Cent. Code § 61-24.3-08 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-08
61-24.3-08. Capacity for South Dakota users
Status: in_force

61-24.3-08. Capacity for South Dakota users

Upon receipt of a commitment from water user entities in South Dakota, through the

execution of a water service contract for the purchase of water from the southwest pipeline

project, whereby no less than the total additional capital costs of increasing the capacity of the

southwest pipeline project to provide water through the southwest pipeline project for the water

user entities in South Dakota will be paid by the water user entities in South Dakota, the

commission shall have the authority to include in the southwest pipeline project the additional

capacity for water user entities in South Dakota as provided in plans SD of the engineering

preliminary design final report for the southwest pipeline project, state water commission project

no. 1736, dated September 1982, and to determine the rates and charges for the operation and

maintenance costs of delivery of water to such water user entities.
N.D. Cent. Code § 61-04.1-31 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-31
61-04.1-31. Creation of weather modification authority by vote after resolution of county commissioners
Status: in_force

61-04.1-31. Creation of weather modification authority by vote after resolution of

county commissioners.

The board of county commissioners of any county may, by resolution after a public hearing,

submit the question of the creation of a weather modification authority to the electors of the

county at the next countywide election. Upon approval by a majority of the votes cast on the

question, the board of county commissioners shall pass a resolution creating a weather

modification authority, as described in section 61-04.1-23. Such an authority shall have all

powers provided by this chapter, including the authority to levy a tax as provided by section

61-04.1-26.
N.D. Cent. Code § 61-02-68.10 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.10
61-02-68.10. Execution and attestation of interim financing notes - Sale
Status: in_force

61-02-68.10. Execution and attestation of interim financing notes - Sale

The interim financing notes must be executed by the chairman or the vice chairman of the

commission and attested by the signature of the director of the department of water resources.

The signature of the chairman or vice chairman, and the director, and any other signatures on

appurtenant coupons, may be facsimiles. The notes must be sold at private or public sale in the

manner and at the rate of interest and price as the commission determines by resolution.
N.D. Cent. Code § 61-24.8-38 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-38
61-24.8-38. Bonds may be used in making payments on contract - Bonds payable out of fund on which drawn - May be used to pay special assessments
Status: in_force

61-24.8-38. Bonds may be used in making payments on contract - Bonds payable out

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

Improvement bonds may be sold for cash at not less than ninety-eight percent of par and

accrued interest, and the proceeds, less accrued interest, must be credited to the construction

account of the fund and must be used exclusively to pay those contracts and construction costs.

Any balance remaining in any construction account after completion of any project must be

transferred to the sinking fund account of the assessment fund. The treasurer of the district shall

pay special assessment bonds as they mature and are presented for payment out of the fund on

which they are drawn and shall cancel the bonds when paid.
N.D. Cent. Code § 61-03-01.3 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-01.3
61-03-01.3. Director - State engineer - Powers and duties
Status: in_force

61-03-01.3. Director - State engineer - Powers and duties

1. The director shall:

a. Enforce all rules adopted by the department.

b. Hire a state engineer who is a qualified professional engineer, has appropriate

hydrology experience, and will report to the director.

c. Hire other employees as necessary to carry out the duties of the department and

director.

d. Organize the department in an efficient manner.

e. Take any other action necessary and appropriate for administration of the

department.

f. Adopt rules to license water well contractors, water well pump and pitless unit

installers, monitoring well contractors, and geothermal system drillers.

g. Advise the governor and the state water commission regarding operations of

Devils Lake outlets.

h. Recommend an operational plan for the Devils Lake outlet based on Sheyenne

River capacity and water quality considerations.

2. The state engineer is responsible for and shall manage the department's oversight of

dam safety, water appropriations, and construction and drainage permits, and

associated technical duties related to public safety and property protection.
N.D. Cent. Code § 61-04-21 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-21
61-04-21. Amount of water allowed
Status: repealed

61-04-21. Amount of water allowed

Repealed by S.L. 1963, ch. 419, § 7.
N.D. Cent. Code § 61-02-15 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-15
61-02-15. Provisions of chapter not to limit or deprive state department of health of authority
Status: repealed

61-02-15. Provisions of chapter not to limit or deprive state department of health of

authority.

Repealed by S.L. 1975, ch. 575, § 2.
N.D. Cent. Code § 61-16.1-52 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-52
61-16.1-52. Closing a noncomplying drain - Notice and hearing - Appeal - Injunction
Status: repealed

61-16.1-52. Closing a noncomplying drain - Notice and hearing - Appeal - Injunction

Repealed by S.L. 1987, ch. 642, § 13.
N.D. Cent. Code § 61-35-04 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-04
61-35-04. Hearing after filing
Status: in_force

61-35-04. Hearing after filing

When a petition for the organization of a district is filed with the department of water

resources, the department shall fix a time for a hearing on the petition not less than fifteen nor

more than forty-five days after the filing of the petition. The department shall prepare a notice as

required by section 61-35-05. At least seven days before the date fixed for the hearing on the

petition, the notice must be published in the official county newspapers in the counties included

within the district. The applicant shall pay all costs of the publication notice.
N.D. Cent. Code § 61-02-09 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-09
61-02-09. Commission a state agency - Function as state
Status: in_force

61-02-09. Commission a state agency - Function as state

The commission shall be a state agency with all of the powers and authority possessed by

such a state agency in the performance of its duties. The commission may sue and be sued,

plead and be impleaded, and contract and be contracted with. The commission in the exercise

of all its powers and in the performance of all its duties shall be the state of North Dakota

functioning in its sovereign and governmental capacity.
N.D. Cent. Code § 61-04.1-09 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-09
61-04.1-09. Department of water resources to establish research and development program - Hail suppression pilot program
Status: in_force

61-04.1-09. Department of water resources to establish research and development

program - Hail suppression pilot program.

1. The department of water resources shall establish a program of weather modification

research and development in this state. The department shall supervise and

coordinate all research and development activities in the state or research and

development activities outside of the state participated in or conducted by any state

institution or state or county agency.

2. If the department plans and studies a hail suppression pilot program, the department

may conduct a planning phase that includes studying the impact on the environment,

providing public education, and formulating an operations plan.
N.D. Cent. Code § 61-16.2-04 — ND Code / Title 61 / Chapter 61-16.2 / Section 61-16.2-04
61-16.2-04. Delineation of floodplains and floodways
Status: in_force

61-16.2-04. Delineation of floodplains and floodways

The department shall assist communities in preparing and obtaining data and other

necessary information for the delineation of floodplains and floodways. When the department

determines sufficient technical information is available for the delineation of floodplains and

floodways on a watercourse or lake, the department shall consult with the appropriate district

and each affected community. The department, the affected community, and the appropriate

district shall consider flooding experiences, plans to avoid potential hazards, estimates of

economic impacts of flooding on the community, both historical and prospective, and other data

as the district and community may consider appropriate. Upon obtaining and developing the

necessary information for delineation of the floodplain and floodway, the department and the

affected community shall notify the appropriate federal agency and request that the information

be used to delineate the floodplain and floodway under the national flood insurance program

[42 U.S.C. 4001 et seq.]. The regulatory floodway must be able to carry the waters of the base

flood without cumulatively increasing the water surface elevation of the base flood more than

one foot [30.48 centimeters] at any point.
N.D. Cent. Code § 61-04-24 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-24
61-04-24. Cancellation of water rights - Notice - Contents
Status: in_force

61-04-24. Cancellation of water rights - Notice - Contents

1. If it appears any water appropriation or portion of an appropriation has not been used

for a beneficial use, or having been so used at one time has ceased to be used for that

purpose for more than three successive years, unless the failure or cessation of use is

due to the unavailability of water, a justifiable inability to complete the works, or other

good and sufficient cause, the department of water resources shall give notice of

cancellation by certified mail to the permitholder and to the owners of land benefited by

the appropriation as indicated on the water permit.

2. The notice must contain:

a. A description of the water appropriation.

b. The permit number.

c. The date of priority.

d. All points of diversion.

e. A description of all land benefited by the appropriation as indicated on the water

permit.

f. Notification a notice of cancellation will be published in the county newspaper of

record indicating when written comments on the cancellation must be submitted

to the department for consideration.

3. The department shall publish a notice of cancellation in the official newspaper of the

counties in which each point of diversion is located once each week for

two consecutive weeks. The notice of cancellation must include the name and address

of the permitholder, a description of the water appropriation, the permit number, the

priority date, the location of all points of diversion, and a description of all land

benefited by the appropriation as indicated on the water permit. The notice must state

a person that files written comments with the department will be mailed the

department's final decision on cancellation.

4. The department shall pay the notice of cancellation publication costs.
N.D. Cent. Code § 61-02-74 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-74
61-02-74. Certain moneys to be deposited in general fund
Status: repealed

61-02-74. Certain moneys to be deposited in general fund

Repealed by S.L. 1971, ch. 587, § 1.
N.D. Cent. Code § 61-06-10 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-10
61-06-10. Notice of election after district is organized - Contents - Form
Status: in_force

61-06-10. Notice of election after district is organized - Contents - Form

Within thirty-five days of, but at least twenty-five days before, any regular or special election

held in an irrigation district, the secretary of the board of directors shall publish a notice of the

election in the newspaper or newspapers of general circulation where the district is located and

in the official newspaper of each county in which the district is located. The notice must specify

the matters to be voted upon and if the election is to be held by mail ballot. If the election is not

held by mail ballot, the notice must specify the location of the polling place or places and the

time of opening and closing of the polling places. The notice must be in substantially the

following form:

Notice is given that on _____________, ______, an election will be held for the purpose of

electing ________ members of the board of directors and for the purpose of voting upon the

questions submitted by the directors of the district. (The election will be held by mail ballot.)

or (The election will be held at ___________. Polls will be opened at one p.m. and will be

closed at five p.m. of that day.) Notice is further given that any elector desiring to have the

elector's name appear on the ballot must file a request in writing with the secretary of the

district not less than twenty days before the election.
N.D. Cent. Code § 61-10-24 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-24
61-10-24. Refunding assessments to owners of lands excluded
Status: repealed

61-10-24. Refunding assessments to owners of lands excluded

Repealed by S.L. 1957, ch. 380, § 2.
N.D. Cent. Code § 61-02-01 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-01
61-02-01. Water conservation, flood control, management, and development declared a public purpose
Status: in_force

61-02-01. Water conservation, flood control, management, and development declared

a public purpose.

It is hereby declared that the general welfare and the protection of the lives, health,

property, and the rights of all the people of this state require that the conservation,

management, development, and control of waters in this state, public or private, navigable or

non-navigable, surface or subsurface, the control of floods, and the management of the

atmospheric resources, involve and necessitate the exercise of the sovereign powers of this

state and are affected with and concern a public purpose. It is declared further that any and all

exercise of sovereign powers of this state in investigating, constructing, maintaining, regulating,

supervising, and controlling any system of works involving such subject matter embraces and

concerns a single object, and that the state water commission in the exercise of its powers, and

in the performance of all its official duties, shall be considered and construed to be performing a

governmental function for the benefit, welfare, and prosperity of all the people of this state.
N.D. Cent. Code § 61-11-08 — ND Code / Title 61 / Chapter 61-11 / Section 61-11-08
61-11-08. Sale of district property authorized - Appraisers appointed - Oath - Compensation
Status: in_force

61-11-08. Sale of district property authorized - Appraisers appointed - Oath -

Compensation.

If a majority of the votes cast at an election for dissolution of a district favor dissolution and

sale, the irrigation works, franchises, and other property of the district may be sold at not less

than a valuation determined by a board of three appraisers. One member of the board of

appraisers must be appointed by the board of directors of the district, one must be appointed by

the director of the department of water resources, and the two appointed appraisers shall

choose the third appraiser. The board of appraisers must be sworn by an officer who is

authorized to administer oaths and who has an official seal. The board shall appraise the

irrigation works, franchises, and all other property of the district at their cash value, and, with the

consent of the board of directors of the district, may employ engineers, accountants, and other

expert assistance as necessary. The board of directors shall fix the compensation of the

appraisers, engineers, accountants, and others.
N.D. Cent. Code § 61-16.1-15 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-15
61-16.1-15. Initiating project financed through revenue bonds, general taxes, or special assessments - Bond required
Status: in_force

61-16.1-15. Initiating project financed through revenue bonds, general taxes, or

special assessments - Bond required.

A water resource board, either upon request or by its own motion, may acquire needed

interest in property and provide for the cost of construction, alteration, repair, operation, and

maintenance of a project through issuance of improvement warrants or with funds raised by

special assessments, general tax levy, issuance of revenue bonds, or by a combination of

general ad valorem tax, special assessments, and revenue bonds. A request under this section

must be in writing and be accompanied by a bond in a sum the water resource board deems

sufficient to pay all expenses of the board related to the petition in case the petition is denied. If

the proposed project is an assessment drain, the request must identify the starting point,

terminus, and general course of the proposed drain and be signed by at least two owners of

property that would be drained by the proposed drain. If among the leading purposes of the

proposed drain are benefits to the health, convenience, or welfare of the residents of any city,

the petition must be signed by a sufficient number of the property owners of the city to satisfy

the board there is a public demand for the drain. If a petition under this section is approved by

voters under section 61-16.1-19 but the project is not constructed, the board may not require the

petitioners to pay any expenses incurred by the board related to the petition.
N.D. Cent. Code § 61-20-03 — ND Code / Title 61 / Chapter 61-20 / Section 61-20-03
61-20-03. Wild wells
Status: in_force

61-20-03. Wild wells

The provisions of this chapter apply to a wild well, or a well out of control, except if it is

determined by the department of water resources the well cannot be repaired for use, no valve

may be attached, but every effort must be made by the owner to seal, plug, or cut off the well.

Old wells that might be damaged by so doing need not be shut off, but such wells must be put in

repair at the earliest possible date and must be regulated after the repair.
N.D. Cent. Code § 61-05-20 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-20
61-05-20. Appeal to district court from orders and decisions of the department of water resources - Time - Undertaking
Status: in_force

61-05-20. Appeal to district court from orders and decisions of the department of

water resources - Time - Undertaking.

An appeal may be taken to the district court from any order or decision of the department of

water resources by any person who is aggrieved by the order or decision, at any time within

thirty days after the order or decision has been filed with the county auditor of the county in

which the appeal is taken. The appeal must be taken by serving notice of appeal on the director

of the department of water resources and by filing the notice of appeal, proof of service of the

notice, and the undertaking required in this section with the clerk of the district court of the

county in which the appeal is taken. To effect an appeal an undertaking must be executed by

the appellant and sufficient surety conditioned that the appellant will prosecute the appeal

without delay and will pay all costs adjudged against the appellant in the district court. The

undertaking must be made in favor of the department of water resources as obligee and may be

enforced by the department. The appeal must be taken to the district court of the county in

which the land claimed to be affected adversely by the order or decision appealed from is

situated. If the land is situated in more than one county, the appeal may be taken to the district

court of any county in which any part of the land is situated. Any appeal taken under this section

must be docketed in the district court as any civil cause commenced in the district court is

docketed. The district court has and shall exercise original jurisdiction in the appeal and shall

hear and rule on the case, without a jury, in the same manner as a civil cause originally

commenced in that court. The court may require and fix the time for the service and filing of

formal pleadings. Appeals to the supreme court may be taken by the department of water

resources or any other party to the cause from any judgment entered in the district court and

from any order of the court if an appeal would lie from the order if the order were entered by the

court in any other civil action.
N.D. Cent. Code § 61-14-03 — ND Code / Title 61 / Chapter 61-14 / Section 61-14-03
61-14-03. Amount of water for irrigation
Status: in_force

61-14-03. Amount of water for irrigation

When issuing a permit to appropriate water for irrigation or adjudicating the rights to use

water for irrigation, the department of water resources may not allow more than two acre-feet

[2466.96 cubic meters] of water per acre [.40 hectare] per year, or the equivalent, to be

delivered on the land, except during periods of sufficient water supply the department may allow

up to three acre-feet per acre [3700.45 cubic meters per.40 hectare] per irrigation season to be

delivered on the land for a specified period of time, in accordance with the method of irrigation

being used, the type of soil to which the water is to be applied, and other criteria established by

the department. The department may not allow more water to be delivered on the land than can

be used beneficially.
N.D. Cent. Code § 61-35-47 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-47
61-35-47. Limitations on authorizations contained in chapter - Effect of chapter on bonds issued before August 1, 1995
Status: in_force

61-35-47. Limitations on authorizations contained in chapter - Effect of chapter on

bonds issued before August 1, 1995.

Nothing in this chapter may be deemed in any way to:

1. Alter the terms of any agreements made with the holders of any outstanding notes,

bonds, or other obligations of the district, before August 1, 1995;

2. Authorize the district to alter the terms of any such agreements, or to impair, or to

authorize the district to impair, the rights and remedies of any creditors of the district;

or

3. To authorize any district to do anything in any manner or for any purpose which would

result in the creation or incurring of a debt or indebtedness or the issuance of any

instrument that would constitute a debt or indebtedness within the meaning of any

provision, limitation, or restriction of the Constitution of North Dakota relating to the

creation or incurring of a debt or indebtedness or the issuance of an instrument

constituting a debt or indebtedness.
N.D. Cent. Code § 61-16.1-62 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-62
61-16.1-62. Validating organization and acts of water resource districts and county drain boards
Status: in_force

61-16.1-62. Validating organization and acts of water resource districts and county

drain boards.

Nothing contained in this chapter shall be construed as impairing, invalidating, or in any

manner affecting the validity of acts or proceedings of water resource districts or county drain

boards which existed prior to the passage and approval of this chapter.
N.D. Cent. Code § 61-24.8-30 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-30
61-24.8-30. Certification of assessments to county auditor
Status: in_force

61-24.8-30. Certification of assessments to county auditor

When the 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 the date of the bonds to be paid. The secretary of the district shall certify to the county

auditor of the county in which the improvement district is situated, or if the improvement district

embraces more than one county to the county auditor of each county in which improvement

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 also shall 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 board shall prorate the cost of construction. The district treasurer

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

to be extended upon the tax lists of the improvement 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 61-24.8-36 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 61-24.8-36.
N.D. Cent. Code § 61-24.8-33 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-33
61-24.8-33. Special assessment record book kept by county auditor - Assessments certified for more than one year
Status: in_force

61-24.8-33. 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 the improvement 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 § 61-01-03 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-03
61-01-03. Claims to the use of water initiated prior to and after March 1, 1905
Status: in_force

61-01-03. Claims to the use of water initiated prior to and after March 1, 1905

In all cases of claims to the use of water initiated prior to March 1, 1905, the right relates

back to the initiation of the claim, upon the diligent prosecution to completion of the necessary

surveys and construction for the application of the water to a beneficial use. Any claim to the

use of water initiated after March 1, 1905, relates back to the date of receipt of an application for

the claim in the department of water resources or the department's predecessor, subject to

compliance with applicable statutes, rules, and regulations.
N.D. Cent. Code § 61-02-60 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-60
61-02-60. Trust indentures - Where filed - Filing constitutes constructive notice
Status: in_force

61-02-60. Trust indentures - Where filed - Filing constitutes constructive notice

Each trust indenture, or an executed counterpart thereof, shall be filed in the office of the

secretary of state. The filing of a trust indenture, or an executed counterpart thereof, in the office

of the recorder of the county in which the property covered by said trust indenture is located

shall constitute constructive notice of the contents thereof to all persons from the time of such

filing, and no recording of such trust indenture or the contents thereof shall be necessary.
N.D. Cent. Code § 61-24.3-04 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-04
61-24.3-04. Water treatment
Status: in_force

61-24.3-04. Water treatment

The extent and type of water treatment and the location of a water treatment plant or plants

for the southwest pipeline project shall be determined by the commission, in accordance with

law and as in the judgment of the commission the interests of the state and the water user

entities of the southwest pipeline project are best served. In determining the location of the

water treatment plant or plants, the commission may only consider alternatives that will provide

treated water to all potential using entities at a cost not to exceed the cost of water from the

single treatment facility originally provided for in the engineering preliminary design final report

for the southwest pipeline project, state water commission project no. 1736, dated September

1982. Any existing water treatment facility that is to be used in the final pipeline design must be

made available to the state in operable condition free of deferred maintenance costs and at a

cost that does not exceed the actual depreciation, maintenance, and operation costs of that

facility. A water treatment facility is in operable condition if, at the time it becomes part of the

southwest pipeline project, it is meeting the needs of its current users. Capital improvements

necessary for upgrading any existing water treatment facility to be used in the southwest

pipeline project must be borne by the state water commission.
N.D. Cent. Code § 61-02-47 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-47
61-02-47. When bonds to mature - Callable before maturity
Status: in_force

61-02-47. When bonds to mature - Callable before maturity

The bonds which may be issued by the commission shall mature at such time or times,

either serially or at one time, in not more than forty years from their date, or dates, as may be

fixed by the resolution of the commission, but may be made callable before maturity, if so stated

in the resolution and on the face of each bond.
N.D. Cent. Code § 61-24-01 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-01
61-24-01. Development and utilization of land and water resources declared a public purpose - Declaration of intention - Interpretation
Status: in_force

61-24-01. Development and utilization of land and water resources declared a public

purpose - Declaration of intention - Interpretation.

It is hereby declared that more effective development and utilization of the land and water

resources of this state, protection and preservation of the benefits therefrom, opportunity for

greater economic security, protection of health, property and enterprise, and the promotion of

the prosperity and general welfare of all of the people of North Dakota involve, necessitate, and

require the exercise of the sovereign powers of the state and concern a public purpose, the

accomplishment of which, among other things, demands, and it is hereby declared necessary,

that the Garrison diversion unit of the Missouri River basin project as authorized by Act of

Congress approved December 22, 1944 [58 Stat. 887], and acts amendatory thereof and

supplementary thereto, be established and constructed:

1. To provide for the future economic welfare and prosperity of the people of this state,

and particularly of the people residing in the area embraced within the boundaries of

the conservancy district created by this chapter.

2. To provide for the irrigation of lands within the sections of such district periodically

afflicted with drought, and to stabilize the production of crops thereon.

3. To replenish and restore the depleted waters of lakes, the Red, Sheyenne, James, and

other rivers, and streams in the district, and to stabilize the flow of these streams.

4. To replenish the waters, and to restore the level of Devils Lake, Stump Lake, Lake

Williams, and Turtle Lake.

5. To make available within the district, or outside the district to the extent authorized by a

joint powers agreement under chapter 54-40.3, waters diverted from the Missouri

River for irrigation, domestic, municipal, and industrial needs, and for hydroelectric

power, recreation, fish, wildlife, and other beneficial and public uses.

6. To study and provide for the water needs of eastern North Dakota communities and

water districts and western Minnesota communities through a Red River valley water

supply project.

The provisions hereof shall not be construed to, in any manner, abrogate or limit the rights,

powers, duties, and functions of the state water commission, but shall be held to be

supplementary thereto and an aid thereof. Nor shall this chapter be construed as limiting or in

any way affecting the laws of this state relating to the organization and maintenance of irrigation

districts, flood irrigation districts, water resource districts, drainage districts, or watershed

protection districts, nor as precluding the establishment of any such district wholly or in part

within the boundaries of the district created by this chapter.
N.D. Cent. Code § 61-39-04 — ND Code / Title 61 / Chapter 61-39 / Section 61-39-04
61-39-04. Board of directors - Officers - Meetings
Status: in_force

61-39-04. Board of directors - Officers - Meetings

The board of directors may 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 and a dues structure for membership in the authority. The bylaws may

include weighted voting for board members based on nomination capacity; the existence of a

development agreement, water supply agreement, or project participation agreement; or other

factors the board deems relevant. The board shall elect from its members a chairman and a vice

chairman. The board shall also 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 three 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. The Garrison Diversion Conservancy District shall

provide administrative, technical, and legal support for the authority.
N.D. Cent. Code § 61-16-47.1 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-47.1
61-16-47.1. Culvert and pipe arch bids and acceptance
Status: repealed

61-16-47.1. Culvert and pipe arch bids and acceptance

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 61-40-08 — ND Code / Title 61 / Chapter 61-40 / Section 61-40-08
61-40-08. Proceedings to judicially confirm contracts and other acts
Status: in_force

61-40-08. Proceedings to judicially confirm contracts and other acts

The authority, before making any contract or taking any special action, may commence a

special proceeding in district court by which the proceeding leading up to the making of such

contract or leading up to any other special action must be examined, approved, and confirmed.

The judicial proceedings must comply substantially with the procedure required in the case of

judicial confirmation of proceedings, acts, and contracts of an irrigation district.
N.D. Cent. Code § 61-16.2-15 — ND Code / Title 61 / Chapter 61-16.2 / Section 61-16.2-15
61-16.2-15. Central repository - Floodplain management authority - Accessible to the public
Status: in_force

61-16.2-15. Central repository - Floodplain management authority - Accessible to the

public.

The department shall establish, operate, and maintain a publicly accessible electronic

central repository for local floodplain management ordinances, local floodplain management

agreements, and all annual certifications received by the department. The repository must

reflect which cities, townships, and counties have reported undertaking floodplain management

within the state. The department shall update the central repository by May thirty-first of each

year.
N.D. Cent. Code § 61-02-68.15 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.15
61-02-68.15. Pledges
Status: in_force

61-02-68.15. Pledges

The commission may pledge the municipal, rural, and industrial water supply funds

authorized by Pub. L. 99-294 [100 Stat. 418] as security for a guarantee or note. A pledge is

valid and binding whenever the pledge is made. The revenues or other moneys pledged and

thereafter received by the commission are immediately subject to the lien of the pledge without

physical delivery or further act, and the lien of the pledge is valid and binding as against all

parties having claims of any kind against the commission, regardless of whether the parties

have notice. Neither the resolution nor any other instrument by which a pledge is created need

be filed or recorded, except in the records of the commission.
N.D. Cent. Code § 61-24.3-20 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-20
61-24.3-20. Other pipelines - Commission approval required
Status: in_force

61-24.3-20. Other pipelines - Commission approval required

Upon construction of the southwest pipeline project, utilities, corporations, limited liability

companies, companies, or any other person or entity which proposes to install or construct a

pipeline or other underground conveyance system which crosses or intersects the southwest

pipeline project may do so only with the approval of the commission, in accordance with the

requirements and conditions imposed by the commission for the pipeline or other crossing.
N.D. Cent. Code § 61-03-02 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-02
61-03-02. Oath of state engineer
Status: repealed

61-03-02. Oath of state engineer

Repealed by S.L. 2021, ch. 488, § 225.
N.D. Cent. Code § 61-12-32 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-32
61-12-32. Tax or assessment not void
Status: in_force

61-12-32. Tax or assessment not void

The collection of no tax or assessment levied or ordered to be levied to pay for the location

and construction of any project of flood irrigation laid out and constructed under this chapter

shall be enjoined perpetually or declared absolutely void in consequence:

1. Of any error of any officer or board in the location and establishment thereof;

2. Of any error or informality appearing in the record of the proceedings by which any

such project shall have been located or established; nor

3. For want of proper conveyance or condemnation of the right of way.

The court in which any proceeding may be brought to reverse or to declare void the proceedings

by which any project has been located or established, or to enjoin the taxes levied to pay

therefor, on application of either party, shall appoint such person or persons to examine the

premises or to survey the same, or both, as may be deemed necessary, and the court on final

hearing shall make such order in the premises as shall be just and equitable and may order

such taxes, or any part thereof, to remain on the tax list for collection or, if the same shall have

been paid under protest, shall order the whole or such part thereof as may be just and equitable

to be refunded, the costs of said proceedings to be apportioned among the parties as justice

may require.
N.D. Cent. Code § 61-16.1-19 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-19
61-16.1-19. Voting on proposed projects - Notice of result
Status: in_force

61-16.1-19. Voting on proposed projects - Notice of result

At the hearing on an assessment project, 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

for or against the project with the secretary of the water resource board. If a vote is mailed to the

secretary, the vote is timely if the vote is received within the voting period. During the voting

period, ballots may not be opened and votes may not be counted. Once the deadline for filing

votes has been reached, votes may not be filed or withdrawn. Any withdrawal of a vote

concerning the proposed project before that time must be in writing. When the deadline for filing

votes has passed, the board immediately shall determine whether the project is approved. If the

board finds fifty percent or more of the total votes filed are against the proposed project, the

vote constitutes a bar against proceeding further with the project. If the board finds 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, after complying with the

requirements of sections 61-16.1-21 and 61-16.1-22, may contract or provide for the

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

forms and procedure provided in title 40 for the construction of sewers within municipalities. The

board may enter into an 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 both. If there is

an agreement for a party other than the board to let the contract, the board may dispense with

all the requirements of title 40. Upon making an order establishing a project or determining the

vote bars establishing a project, the board shall publish notice of the order or determination in a

newspaper of general circulation in the area in which the affected lands are located. The notice

must advise affected landowners of their right to appeal. Any right of appeal begins to run on the

date of publication of the notice.
N.D. Cent. Code § 61-16-16 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-16
61-16-16. Commission and board of commissioners shall encourage construction of dams and other water control devices
Status: repealed

61-16-16. Commission and board of commissioners shall encourage construction of

dams and other water control devices.

Repealed by S.L. 1983, ch. 82, § 154.
N.D. Cent. Code § 61-35-69 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-69
61-35-69. Abbreviations, letters, or figures may be used in proceedings for levy and collection of special assessments
Status: in_force

61-35-69. Abbreviations, letters, or figures may be used in proceedings for levy and

collection of special assessments.

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 § 61-03-13 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-13
61-03-13. Rulemaking authority
Status: in_force

61-03-13. Rulemaking authority

The department may adopt rules necessary to carry out the duties of the department. The

department shall amend rules relating to applications for permits to appropriate water, for the

inspection of works, for the issuance of licenses, and for the determination of rights to the use of

water, if required to do so by a vote of the state water commission.
N.D. Cent. Code § 61-02-44 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-44
61-02-44. Controlling natural flow of stream deemed police power - Water commissioners not to deprive commission
Status: in_force

61-02-44. Controlling natural flow of stream deemed police power - Water

commissioners not to deprive commission.

The commission, when engaged in controlling and diverting the natural flow of any stream

under the authority granted by the provisions of this chapter, shall be deemed to be exercising a

police power of this state. Water commissioners appointed by any court shall not have any

authority or jurisdiction to deprive the commission of any of the waters owned or administered

under agreement with respective owners, but the owner of any prior or vested right contending

that the commission is not recognizing and respecting such right may resort to a court of law or

equity for the purpose of determining whether or not the rights of said claimant have been

invaded, and the commission shall observe the terms of any final decree.
N.D. Cent. Code § 61-01-01.2 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-01.2
61-01-01.2. Findings and declaration of policy - Use of ground water for irrigation
Status: in_force

61-01-01.2. Findings and declaration of policy - Use of ground water for irrigation

The legislative assembly finds that the use of ground water for irrigation purposes is vitally

important to the economic future of this state. The reliance on processing plants for the

consistent quality resulting from irrigation is an important factor in preserving this state's

reputation for quality agricultural production. Therefore, it is declared necessary and in the

public interest that the state by and through the state water commission strongly discourages

the conversion of agricultural water permits to any other use. Further, the legislative assembly

declares that any feasible or reasonable alternative supply of water be made available for

municipal or domestic use to enable the continued use of ground water for irrigated agriculture

and agricultural processing.
N.D. Cent. Code § 61-02-68 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68
61-02-68. State treasurer to pay interest on bonds - Redemption of bonds - Appropriation
Status: repealed

61-02-68. State treasurer to pay interest on bonds - Redemption of bonds -

Appropriation.

Repealed by S.L. 1995, ch. 588, § 18.
N.D. Cent. Code § 61-24.5-04 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-04
61-24.5-04. Board of directors - Officers - Meetings - Compensation
Status: in_force

61-24.5-04. Board of directors - Officers - Meetings - Compensation

The authority must be governed by a board of directors who must be chosen in accordance

with this chapter. One director must be elected from each county within the authority, two

directors must be elected in the city of Dickinson, and one director must be elected in the city of

Mandan. The director from Stark County may not be a resident of the city of Dickinson. The

director from Morton County may not be a resident of Mandan. The board shall elect from the

directors a chairman, vice chairman, and secretary. A majority of the directors constitutes a

quorum for the purpose of conducting the business of the board. The board shall meet at the

time and place designated by the secretary. 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 § 61-16.1-49.1 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-49.1
61-16.1-49.1. Designation of lateral drain
Status: in_force

61-16.1-49.1. Designation of lateral drain

A determination by a water resource board as to whether an existing or proposed drain is a

lateral drain is a conclusive determination when entered on the records of the board.
N.D. Cent. Code § 61-33-03 — ND Code / Title 61 / Chapter 61-33 / Section 61-33-03
61-33-03. Transfer of possessory interests in real property
Status: in_force

61-33-03. Transfer of possessory interests in real property

All possessory interests now owned or that may be acquired except oil, gas, and related

hydrocarbons, in the sovereign lands of the state owned or controlled by the state or any of its

officers, departments, or the Bank of North Dakota, together with any future increments, are

transferred to the state of North Dakota, acting by and through the director of the department of

water resources. All possessory interests in oil, gas, and related hydrocarbons in the sovereign

lands of the state are transferred to the state of North Dakota, acting by and through the board

of university and school lands. These transfers are self-executing. No evidence other than the

provisions of this chapter is required to establish the fact of transfer of title to the state of North

Dakota, acting by and through the director of the department of water resources and board of

university and school lands. Proper and sufficient delivery of all title documents is conclusively

presumed.
N.D. Cent. Code § 61-24.6-08 — ND Code / Title 61 / Chapter 61-24.6 / Section 61-24.6-08
61-24.6-08. Reserve fund for replacement - Deposit - Use
Status: in_force

61-24.6-08. Reserve fund for replacement - Deposit - Use

Revenues received by the state water commission from water user entities or otherwise for

replacement and extraordinary maintenance of the northwest area water supply project may be

held pursuant to the terms of a resolution or trust indenture adopted by the commission. Any

money not held pursuant to the terms of a resolution or trust indenture must be deposited by the

commission and maintained, as a part of the moneys of the state received and kept by the state

treasurer, in a fund designated as the northwest area water supply project reserve fund for

replacement. All moneys received by the state treasurer for replacement and extraordinary

maintenance of the northwest area water supply project and the interest on the moneys must be

kept by the state treasurer in the fund distinct from all other moneys and must be disbursed by

the state treasurer and used only for replacement and extraordinary maintenance of the

northwest area water supply project.
N.D. Cent. Code § 61-04-07.3 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-07.3
61-04-07.3. Conditional water permit application deferral
Status: in_force

61-04-07.3. Conditional water permit application deferral

If the department of water resources determines an application or any portion of an

application does not meet the criteria prescribed in section 61-04-06 because sufficient

information or data is lacking to allow for sound decisionmaking of the impacts of the proposed

diversion on the prior appropriators, the resource, or the public interest, the conditional water

permit application must be placed in a deferred status. The applicant must be notified by mail

the application has been placed in deferred status.
N.D. Cent. Code § 61-04-18 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-18
61-04-18. Appropriation of water from minor stream for agricultural use
Status: repealed

61-04-18. Appropriation of water from minor stream for agricultural use

Repealed by S.L. 1963, ch. 419, § 7.
N.D. Cent. Code § 61-32-05 — ND Code / Title 61 / Chapter 61-32 / Section 61-32-05
61-32-05. Wetlands bank
Status: repealed

61-32-05. Wetlands bank

Repealed by S.L. 1995, ch. 599, § 3.
N.D. Cent. Code § 61-08-34 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-34
61-08-34. Refunding irrigation district bonds - Negotiating new bonds
Status: in_force

61-08-34. Refunding irrigation district bonds - Negotiating new bonds

Each irrigation district in this state that has issued or shall issue bonds or improvement

warrants purporting to have been issued for any purpose authorized by law, which bonds or

improvement warrants have been sold and delivered to purchasers for value and constitute an

existing indebtedness, may at any time after or before maturity refund the same and issue and

sell refunding bonds in amounts, bearing interest at rates, and maturing on dates as determined

by the board.
N.D. Cent. Code § 61-35-20 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-20
61-35-20. Exclusion of real property from district
Status: in_force

61-35-20. Exclusion of real property from district

If it becomes apparent that any real property included within a district but contiguous to a

border cannot economically or adequately be served by the facilities of the district, the owners

of the real property or the board may file with the department of water resources a petition

requesting the real property be excluded from the district. The petition must:

1. Describe by full and partial section and by township and range, or by lot number and

subdivision, the real property the petitioner proposes to exclude from the district.

2. State the real property cannot be served economically or adequately by the facilities of

the district, and it is not feasible for the district to enlarge or extend its facilities to serve

economically and adequately the real property.

3. Be signed by the owners of all the real property proposed to be excluded from the

district or by all of the board.
N.D. Cent. Code § 61-33-05.1 — ND Code / Title 61 / Chapter 61-33 / Section 61-33-05.1
61-33-05.1. Navigability determinations
Status: in_force

61-33-05.1. Navigability determinations

1. Before making a determination that a body of water or portion of a body of water is

navigable, the department of water resources shall:

a. Develop and deliver to the state water commission a preliminary finding regarding

the navigability of the body of water or portion of a body of water and the legal

rationale for the preliminary finding; and

b. Consult with the state water commission in an open meeting and demonstrate the

public need and purpose for the determination to be made.

2. After completing the requirements of subsection 1, the department of water resources

may proceed with making a final determination of navigability by:

a. Providing reasonable public notice of the preliminary finding, legal rationale for

the preliminary finding, and opportunity for the public to provide comments for no

less than sixty days. The notice must:

(1) Include the address and electronic mail address to which public comments

may be sent and the deadline by which public comments must be received;

(2) Clearly identify the specific body of water or portion of a body of water for

which the finding of navigability is sought;

(3) State the department will hold a public hearing regarding the preliminary

finding before a final determination of navigability is made, and provide the

date, time, and location of the public hearing;

(4) Be provided to the governing body of each soil conservation district, water

resource district, and county adjacent to the body of water or portion of a

body of water for which the preliminary finding was made;

(5) Be published in the official county newspaper for each county adjacent to

the body of water or portion of a body of water for which the preliminary

finding was made; and

(6) Briefly state the purpose of the hearing and describe the impact or effect a

determination of navigability will have on the property rights of persons who

own property adjacent to the body of water or portion of a body of water for

which the determination of navigability may be made; and

b. Holding a public hearing regarding the preliminary finding.

3. After completing the requirements of subsection 2 and making a determination of

navigability, the department of water resources shall prepare a report regarding the

determination, including summaries of the information provided to the state water

commission, the public hearings held, and the public comments received. The

department shall provide the report to the state water commission, send the report by

certified mail to any person that appeared at the public hearing required under

subsection 2 or provided written comments by the deadline, make the report available

to the public, including on the website for the office of the secretary of state, and

provide public notice of the report's availability. The report is final on the date it is

provided to the state water commission.

4. A determination of navigability may be appealed directly to a court of competent

jurisdiction in accordance with sections 28-32-42 through 28-32-46 and sections

28-32-50 and 28-32-51.
N.D. Cent. Code § 61-09-17 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-17
61-09-17. Abatement of assessments - Exception
Status: in_force

61-09-17. Abatement of assessments - Exception

The board of county commissioners, with the approval of the tax commissioner, may abate

any assessments made by irrigation districts if application therefor is approved by the board of

the irrigation district. In case such assessments are made for the purpose of meeting payments

due to the United States or any department or agency thereof or to the state water commission,

the application shall not be granted unless it also bears the approval of an authorized

representative or agent of the United States or of such department or agency, or of the state

water commission, as the case may be. In case bonds or improvement warrants are deposited

with a trustee under a trust agreement or trust indenture, the consent of such trustee shall be

obtained before abating any assessment for such bonds or improvement warrants. The

application for the abatement may be made by the board of the irrigation district instead of by

individual taxpayers and any number of tracts of land may be included in a single application.
N.D. Cent. Code § 61-06-03 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-03
61-06-03. Oath and bond of boards of directors - Filing
Status: in_force

61-06-03. Oath and bond of boards of directors - Filing

After receiving a certificate of election each director shall take the oath prescribed for civil

officers, and shall be bonded in the sum of one thousand dollars. The oath of office and bond

must be filed in the office of the department of water resources.
N.D. Cent. Code § 61-02-68.13 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.13
61-02-68.13. Interim financing notes as legal investments and security
Status: in_force

61-02-68.13. Interim financing notes as legal investments and security

Notwithstanding any restrictions contained in any other law, this state and all public officers,

boards and agencies, and political subdivisions and agencies thereof, all national banking

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

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

executors, administrators, guardians, trustees, and other fiduciaries, may legally invest any

sinking funds, moneys, or other funds belonging to them or within their control in any interim

financing notes issued by the commission pursuant to this chapter, and the notes are authorized

security for any and all public deposits.
N.D. Cent. Code § 61-04.1-19 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-19
61-04.1-19. Proof of financial responsibility
Status: in_force

61-04.1-19. Proof of financial responsibility

Proof of financial responsibility is made by showing to the satisfaction of the department of

water resources that the permittee has the ability to respond in damages to liability which might

reasonably result from the operation for which the permit is sought. Proof of financial

responsibility may be shown by:

1. Presentation to the department of proof of a prepaid noncancelable insurance policy

against such liability, in an amount approved by the department.

2. Filing with the department a corporate surety bond, cash, or negotiable securities in an

amount approved by the department.
N.D. Cent. Code § 61-11-10 — ND Code / Title 61 / Chapter 61-11 / Section 61-11-10
61-11-10. Private sale of property of district - When permitted - Terms - Proceeds of sale
Status: in_force

61-11-10. Private sale of property of district - When permitted - Terms - Proceeds of

sale.

If all bids are rejected, the board, by private negotiation, may sell and convey the property

or any part thereof for cash at not less than the appraised value thereof, or may agree to sell

and convey the property at not less than the appraised value for part cash and part in deferred

payments bearing interest at such rate as shall be agreed to mutually between the board and

the purchaser. The title to any property so sold shall remain in the district until the purchase

price thereof has been fully paid. All moneys realized from the sale of the property shall be

deposited with the county treasurer designated as the custodian of district funds, and such

moneys shall be paid out only upon warrants duly authorized by the board and signed by the

chairman and secretary thereof.
N.D. Cent. Code § 61-02-50 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-50
61-02-50. Bonds issued are negotiable
Status: repealed

61-02-50. Bonds issued are negotiable

Repealed by S.L. 1983, ch. 676, § 38.
N.D. Cent. Code § 61-15-04 — ND Code / Title 61 / Chapter 61-15 / Section 61-15-04
61-15-04. Easements to United States of America for water and wildlife conservation
Status: in_force

61-15-04. Easements to United States of America for water and wildlife conservation

An easement may be granted to the United States, its instrumentalities or agencies, over all

lands now owned or hereafter acquired by the state of North Dakota for rights of way for ditches,

dams, dikes, fills, spillways, or other structures now constructed or to be constructed for the

purpose of water or wildlife conservation.
N.D. Cent. Code § 61-12-37 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-37
61-12-37. Bonds - Issuance - Payment
Status: in_force

61-12-37. Bonds - Issuance - Payment

The board of county commissioners of any county in which any flood irrigation project is

proposed to be located and constructed shall issue bonds upon the written request of the board

of flood irrigation. Such bonds shall be known as flood irrigation bonds and shall be in such

sums as may be necessary for the purpose of defraying the expenses incurred or to be incurred

in obtaining the right of way or in locating or constructing any such project. The word "expenses"

as used in this section shall be construed to cover every item of cost of said project from its

inception to its completion as provided by this chapter. Such bonds shall be paid out of the

revenues to be derived from taxes levied or to be levied and collected from that portion of the

county found by the board of flood irrigation to be benefited by the project.
N.D. Cent. Code § 61-07-07 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-07
61-07-07. Board to formulate general plan of operation - Contents
Status: in_force

61-07-07. Board to formulate general plan of operation - Contents

As soon as practicable after the organization of an irrigation district, the board of directors,

by a resolution entered on its records, shall formulate a general plan of its proposed operation

which must state:

1. What constructed works or other property are proposed to be purchased, the purchase

price, what construction work is proposed to be done, and the estimated cost of the

construction.

2. Whether funds to pay the purchase price or cost of construction will be raised by

issuing bonds or by creating a fund through the collection of rentals, charges from

water users, or by creating a fund by levying assessments against the lands benefited,

or whether it is contemplated to raise funds by the use of all or a combination of those

methods of raising funds.
N.D. Cent. Code § 61-04-32 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-32
61-04-32. Damages for illegal diminishment of water supply
Status: in_force

61-04-32. Damages for illegal diminishment of water supply

If a court of competent jurisdiction determines that a water supply has been illegally

diminished in quantity or quality and that a valid water right to use that supply has been

damaged as a result of the diminishment, damages awarded to the owner of the water right

shall be an amount to cover the cost of making such repairs, alterations, or construction that will

ensure the delivery to the surface owner of that quality and quantity of water available to the

surface owner prior to the diminishment.
N.D. Cent. Code § 61-38-10 — ND Code / Title 61 / Chapter 61-38 / Section 61-38-10
61-38-10. Penalties (Contingent effective date - See note)
Status: in_force

61-38-10. Penalties. (Contingent effective date - See note)

The department of water resources may assess or sue to recover civil penalties and seek

criminal remedies as provided in this section.

1. The department may assess or recover civil penalties for discharges of dredged or fill

material without a required permit or in violation of any permit condition of up to five

thousand dollars per day of such violation.

2. The department may seek criminal fines against any person who willfully or with

criminal negligence discharges dredged or fill material without a required permit or

violates any permit condition issued under this chapter of up to ten thousand dollars

per day of the violation.

3. The department of water resources may seek criminal fines against any person who

knowingly makes a false statement, representation, or certification in any application,

record, report, plan, or other document filed or required to be maintained under this

chapter or any rules adopted pursuant to this chapter, or falsifies, tampers with, or

knowingly renders inaccurate any monitoring device or method required to be

maintained under the permit of up to five thousand dollars for each instance of

violation.
N.D. Cent. Code § 61-16-19.1 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-19.1
61-16-19.1. Contracts for construction or maintenance of project
Status: repealed

61-16-19.1. Contracts for construction or maintenance of project

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-16-32 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-32
61-16-32. Warrants - Issuance - When payable - Amounts - Interest - Interest coupons
Status: repealed

61-16-32. Warrants - Issuance - When payable - Amounts - Interest - Interest coupons

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-07-04 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-04
61-07-04. Construction across streams, highways, railroads, and ditches - Right of way
Status: in_force

61-07-04. Construction across streams, highways, railroads, and ditches - Right of

way.

The board may construct irrigation works across any stream of water, watercourse, street,

avenue, highway, railway, canal, ditch, flume, pipeline, or other transportation system or utility,

which the route of any canal may intersect or cross in such manner as to afford security for life

and property, but the board shall restore the same, when so crossed or intersected, to its former

state as near as may be, or in a manner sufficient to avoid unnecessary impairment of its

usefulness. Every company whose railroad or utility shall be intersected or crossed by such

works shall unite with the board in forming such intersections and crossings, and shall grant the

privilege aforesaid. If the board cannot agree with such railroad company, or with the owners

and controllers of the property, thing, or franchise to be crossed, upon the amount to be paid on

account of such crossing or the point at which or the manner in which the crossing shall be

made, the same shall be ascertained and determined in all respects as is provided for the taking

of land. The right of way is given, dedicated, and set apart, to locate, construct, and maintain

such works over and through any of the lands which are or may be the property of the state.

There are given, dedicated, and set apart, for the uses and purposes provided in this chapter, all

water and water rights owned by this state within the district.
N.D. Cent. Code § 61-35-95 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-95
61-35-95. Engineer's statement of estimated cost required - Board to enter into contracts
Status: in_force

61-35-95. Engineer's statement of estimated cost required - Board to enter into

contracts.

Before adopting or rejecting any bid filed under this chapter, the board shall require the

engineer for the district to make a careful and detailed statement of the estimated cost of the

work. The board may not award the contract to any bidder if the engineer's estimate prepared

under this section exceeds the engineer's estimate prepared under section 61-35-54 by forty

percent or more. If all bids are not rejected, the board shall award the contract to the lowest

responsible bidder, upon the basis of cash payment for the work, if the bidder has furnished the

certified check or bidder's bond required under the provisions of this chapter.
N.D. Cent. Code § 61-03-12 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-12
61-03-12. Attorney general and state's attorney to provide legal counsel
Status: in_force

61-03-12. Attorney general and state's attorney to provide legal counsel

The attorney general, and the state's attorney of the county in which legal questions arise,

shall provide legal counsel for the department without compensation other than their salaries as

fixed by law, except when otherwise provided.
N.D. Cent. Code § 61-39-06 — ND Code / Title 61 / Chapter 61-39 / Section 61-39-06
61-39-06. Resolution authorizing the issuance of revenue bonds
Status: in_force

61-39-06. Resolution authorizing the issuance of revenue bonds

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.

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

forth the purpose or 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 § 61-37-06 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-06
61-37-06. Powers
Status: in_force

61-37-06. Powers

The program has the following powers:

1. To sue and be sued.

2. To make and enforce bylaws and rules for the conduct of its affairs and business and

for use of its services.

3. To acquire, hold, use, and dispose of its income, revenue, funds, and moneys in

accordance with law.

4. To acquire, rent, lease, hold, use, and dispose of other personal property for its

purposes.

5. To borrow money and to issue its negotiable bonds or notes and to provide for and

secure their payment and to provide for the rights of the holders, and to purchase,

hold, and dispose of any of its bonds and obligations.

6. To fix, revise, charge, and collect fees and charges for the use of its services or

facilities.

7. To perform any acts and do all things authorized by this chapter, through its officers,

agents, or employees, or by contracts with any person.

8. To make and enforce all contracts necessary or desirable for the program or pertaining

to any loan to a political subdivision or any purchase or sale of municipal securities or

other investments or to the performance of its duties and execution of its powers under

this chapter.

9. To purchase or hold municipal securities of irrigation districts at the prices and in the

manner deemed advisable by the program and to sell municipal securities acquired or

held by it in the manner deemed advisable by the program.

10. To invest any funds or moneys of the program not then required for loans to irrigation

districts and for the purchase of municipal securities in the same manner as permitted

for the investment of funds belonging to the state or the Bank of North Dakota.

11. To fix and prescribe any form of application or procedure to be required of an irrigation

district for the purpose of any guarantee, loan, or the purchase of its municipal

securities, and to fix the terms and conditions of any guarantee, loan, or purchase and

to enter into agreement with irrigation districts with respect to any such guarantee,

loan, or purchase.

12. To consider the need, desirability, or eligibility of a guarantee or loan, the ability of an

irrigation district to secure borrowed money from other sources, and the costs of that

borrowing without program involvement.

13. To impose and collect charges from an irrigation district for its costs and services in

review or consideration of any proposed guarantee or loan to an irrigation district or

purchase of municipal securities of an irrigation district, and to impose and collect

charges whether or not a guarantee or loan has been made or municipal securities

have been guaranteed or purchased.

14. To fix and establish any and all terms and provisions with respect to any guarantee or

purchase of municipal securities by the program, including dates and maturities of

bonds, provisions as to redemption or payment prior to maturity, and any and all other

matters necessary or advisable in the judgment of the program.

15. To procure insurance against any losses in connection with its property, operations, or

assets in the amounts and from the insurers as necessary to pay the premiums on the

insurance.

16. To the extent permitted under its contracts with the holders of bonds of the program, to

consent to any modification with respect to rates of interest, time, and payment of any

installment of principal or interest, security, or any other term of bond, contract, or

agreement of any kind to which the program is a party.

17. To do all acts and things necessary, convenient, or desirable to carry out the powers

expressly granted or necessarily implied in this chapter.
N.D. Cent. Code § 61-24.8-26 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-26
61-24.8-26. Payment of special assessments - Interest
Status: in_force

61-24.8-26. Payment of special assessments - Interest

All special assessments levied under this chapter may be paid without interest within ten

days after they have been approved by the board and thereafter bear interest at an annual rate

not exceeding one and one-half percentage points above the average net annual interest rate

on any bonds for the payment of which they are pledged on the total amount remaining unpaid.
N.D. Cent. Code § 61-02-81 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-81
61-02-81. Development in breach inundation zones - No financial assistance for dam improvements
Status: in_force

61-02-81. Development in breach inundation zones - No financial assistance for dam

improvements.

Notwithstanding any other provision of law, if a political subdivision permits building or

development within a breach inundation zone and the building or development causes a change

in a dam's current hazard classification necessitating structural improvements or upgrades to

the dam, the political subdivision shall pay for the necessary improvements or upgrades. State

loans, grants, cost-share, and other financial assistance may not be provided to pay for the dam

improvements or upgrades. For purposes of this section, "breach inundation zone" means the

area downstream of the dam which would be flooded in the event of a dam failure or

uncontrolled release of water.
N.D. Cent. Code § 61-16-40 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-40
61-16-40. State's attorney and attorney general to assist boards - Employment of counsel
Status: repealed

61-16-40. State's attorney and attorney general to assist boards - Employment of

counsel.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-04.1-01 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-01
61-04.1-01. Extended state ownership of water sovereignty over moisture
Status: in_force

61-04.1-01. Extended state ownership of water sovereignty over moisture

In order that the state may share to the fullest extent in the benefits already gained through

fundamental research and investigation on new and improved means for predicting, influencing,

and controlling the weather, for the best interest, general welfare, health, and safety of all the

people of the state, and to provide proper safeguards in applying the measures for use in

connection therewith in order to protect life and property, it is deemed necessary and hereby

declared that the state of North Dakota claims its sovereign right to use the moisture contained

in the clouds and atmosphere within the state boundaries. All water derived as a result of

weather modification operations shall be considered a part of North Dakota's basic water supply

and all statutes, rules, and regulations applying to natural precipitation shall also apply to

precipitation resulting from cloud seeding.
N.D. Cent. Code § 61-37-16 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-16
61-37-16. Form of municipal securities and investments
Status: in_force

61-37-16. Form of municipal securities and investments

All municipal securities held by the program as permitted or provided for under this chapter

must at all times be purchased and held in fully marketable form, subject to provision for any

registration in the name of the program. All municipal securities at any time purchased, held, or

owned by the program must, upon delivery to the program, be in fully marketable form and

accompanied by the documentation required from time to time by the program.
N.D. Cent. Code § 61-02-80 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-80
61-02-80. Flood control projects - Financial assistance limited
Status: in_force

61-02-80. Flood control projects - Financial assistance limited

Except for flood control projects authorized by the legislative assembly or the commission

before July 1, 2017, the commission shall calculate the amount of its financial assistance,

including loans, grants, cost-share, and issuance of bonds, based on the needs for protection of

health, property, and enterprise, against:

1. One hundred year flood events as determined by a federal agency;

2. The national economic development alternative; or

3. The local sponsor's preferred alternative if the commission first determines the

historical flood prevention costs and flood damages, and the risk of future flood

prevention costs and flood damages, warrant protection to the level of the local

sponsor's preferred alternative.
N.D. Cent. Code § 61-34-04 — ND Code / Title 61 / Chapter 61-34 / Section 61-34-04
61-34-04. Eligibility - Application for assistance
Status: in_force

61-34-04. Eligibility - Application for assistance

Applicants with livestock water supply problems caused by drought may apply for

assistance from the program. The department of water resources shall review all applications

received by the commission. Notwithstanding any other provision of law, a water supply project

commenced after application for funding is made but without prior approval of the department is

eligible for funding consideration from the program. The department shall provide funds for

approved applications in accordance with rules and criteria for eligibility and only to the extent

that funding is available. A drought disaster livestock water assistance program project located

on Indian land is eligible for the program.
N.D. Cent. Code § 61-24.8-03 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-03
61-24.8-03. Resolution authorizing project and the issuance of revenue bonds
Status: in_force

61-24.8-03. 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 special assessments or 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. 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 § 61-12-15 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-15
61-12-15. Showing required to establish project
Status: in_force

61-12-15. Showing required to establish project

If upon the examination by the board of flood irrigation, and after the filing with said board of

the plans and specifications for any project, or if upon the hearing upon the petition, it shall

appear that there was not sufficient cause for making such petition, or that the cost of the

proposed project would be more than the amount of the benefits derived therefrom, the board of

flood irrigation shall deny the petition, and the petitioners shall be jointly and severally liable to

such board for all costs and expenses incurred in the proceedings, to be recovered by such

board by action. If it shall appear that there was sufficient cause for the making of such petition

and that the proposed project will not cost more than the amount of the benefits to be derived

therefrom, the board of flood irrigation shall make an order establishing the project, accurately

describing it, and giving the same a name under which it shall be recorded and indexed.
N.D. Cent. Code § 61-16-25 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-25
61-16-25. Assessment lists
Status: repealed

61-16-25. Assessment lists

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-11-15 — ND Code / Title 61 / Chapter 61-11 / Section 61-11-15
61-11-15. Report of dissolution when - Where filed - Contents - Recording of in office of recorder
Status: in_force

61-11-15. Report of dissolution when - Where filed - Contents - Recording of in office

of recorder.

After all the property of an irrigation district is disposed of upon dissolution and all the

obligations of the district are paid, the directors of the district shall file in the office of the county

auditor of each county in which the district is situated, and in the department of water resources,

a report signed by the chairman of the board and attested by the secretary, and bearing the seal

of the district, stating the district has disposed of its property and franchises, all of the

obligations of the district have been paid fully, and the district has been disorganized and

dissolved. The report must be recorded in the miscellaneous records of the recorder in each of

the counties in which the district is located, and from and after the filing and recording, the

irrigation district is deemed dissolved.
N.D. Cent. Code § 61-16-20 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-20
61-16-20. Exemption of federal agencies from provisions of chapter - Purpose of chapter
Status: repealed

61-16-20. Exemption of federal agencies from provisions of chapter - Purpose of

chapter.

Repealed by S.L. 1969, ch. 545, § 5.
N.D. Cent. Code § 61-35-11 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-11
61-35-11. Board meetings
Status: in_force

61-35-11. Board meetings

The board shall meet annually on the same day as, and immediately following, the annual

meeting of participating members, and may meet at other times it determines, or upon the call of

the president or any two directors. At the first meeting of the initial board following its election,

and at each succeeding annual board meeting, the board shall elect a president, vice president,

secretary, and treasurer for the ensuing year. Board members are entitled to reasonable

compensation to cover the expenses of serving on the board.
N.D. Cent. Code § 61-02-01.4 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-01.4
61-02-01.4. State water commission cost-share policy
Status: in_force

61-02-01.4. State water commission cost-share policy

The state water commission shall review, gather stakeholder input on, and rewrite as

necessary the commission's "Cost-share Policy, Procedure and General Requirements" and

"Project Prioritization Guidance" documents. The commission's cost-share policy:

1. Must provide a water supply project is eligible for a cost-share up to seventy-five

percent of the total eligible project costs.

2. May not determine program eligibility of water supply projects based on a population

growth factor. However, a population growth factor may be used in prioritizing projects

for that purpose.

3. Must consider all project costs potentially eligible for reimbursement, except the

commission shall exclude operations expense, regular maintenance, and removal of

vegetative materials and sediment, for assessment drains, and may exclude

operations expense and regular maintenance for other projects. Snagging and clearing

of watercourses and deepening or widening of existing drains are eligible for

reimbursement. The commission shall require a water project sponsor to maintain a

capital improvement fund from the rates charged customers for future extraordinary

maintenance projects as condition of funding an extraordinary maintenance project.

4. May not determine program eligibility of water supply projects based on affordability.

However, affordability may be used in prioritizing projects for that purpose.
N.D. Cent. Code § 61-24.5-11 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-11
61-24.5-11. District budget - Determination of amount to be levied - Adoption of levy - Limitation
Status: in_force

61-24.5-11. 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 administrative

expenses and obligations of the district, including expenses of directors, expenses of operating

the office, and any other obligations and liabilities relating to administrative, clerical,

engineering, surveying, investigations, legal, and other related expenses of the authority. 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 must 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 must

levy in mills, but may not exceed one mill, and must be sufficient to meet the administrative,

engineering, surveying, investigations, legal and related expenses, obligations, and liabilities of

the district as provided in the budget. The board shall also prepare and adopt an annual budget

for operation, management, maintenance, and repayment of the southwest pipeline project.

Revenues for operation, management, maintenance, and repayment of the southwest pipeline

project must come from water service contract revenues.
N.D. Cent. Code § 61-04.1-27 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-27
61-04.1-27. Creation of weather modification authority and its powers by resolution
Status: in_force

61-04.1-27. Creation of weather modification authority and its powers by resolution

When a weather modification authority is about to expire, the board of county

commissioners of any such county may by resolution authorize the creation of such weather

modification authority and all its powers, including the power to certify a tax levy as provided by

section 61-04.1-26, for additional five-year periods; provided, the resolution authorizing the

creation of such weather modification authority is adopted by the board of county

commissioners before the expiration date prescribed in the preceding resolution for its

termination. Upon passing such resolution for the creation of the authority, the board of county

commissioners shall appoint five weather modification authority commissioners to five-year

terms of office, subsequently filling vacancies in the manner prescribed by section 61-04.1-23.

The board of county commissioners may remove any weather modification commissioner from

office whenever it appears, by competent evidence and after hearing, that the commissioner

has been guilty of misconduct, malfeasance, crime in office, neglect of duty in office, or of

habitual drunkenness or gross incompetency.
N.D. Cent. Code § 61-35-97 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-97
61-35-97. Conditions for contractor's bond
Status: in_force

61-35-97. Conditions for contractor's bond

The contractor's bond must be made payable to the district and must be conditioned:

1. That the contractor well and faithfully will perform the work bid for in accordance with

the terms of and within the time provided for in the contract, and pursuant to the plans

and specifications for the work on file in the district office;

2. That the contractor will pay for all labor and material used in that work; and

3. That in case of a default on the part of the bidder or contractor in the performance of

the work as provided in the contract, the sum named in the bond must be taken and

held to cover the amount necessary to compensate the district for the correction,

repair, or replacement caused by the default, and that the full amount may be

recovered from the bidder and the bidder's sureties in an action by the district against

them on the bond only in the event of a complete failure of performance on the part of

the contractor. Nothing in this section may be construed to prevent the district from

receiving the amount, not in excess of the amount of the bond, necessary to

compensate the district for correction, repair, or replacement caused by default of the

contractor which does not constitute complete failure of performance by the contractor.
N.D. Cent. Code § 61-35-54 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-54
61-35-54. Engineer's report required - Contents
Status: in_force

61-35-54. Engineer's report required - Contents

After a special improvement district has been created, the board, if it deems it necessary to

make any of the improvements set out in section 61-35-48 in the manner provided in this

chapter, shall direct the engineer for the district, or some other competent engineer, to prepare a

report as to the general nature, purpose, and feasibility of the proposed improvement. The

engineer shall prepare profiles, plans, and specifications of the proposed project and estimates

of the total cost. The estimate of costs prepared by the engineer must include acquisition of right

of way and must be in sufficient detail to allow the board to determine the probable share of the

total costs that will be assessed against each of the affected landowners in the proposed

assessment district.
N.D. Cent. Code § 61-02-58 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-58
61-02-58. Lien upon bond proceeds
Status: in_force

61-02-58. Lien upon bond proceeds

All moneys received from bonds of any series issued pursuant to this chapter shall be used

solely for the purpose of paying the cost of the works or projects for the construction of which

the bonds have been issued, or for the purpose of paying costs of issuance, interest during

construction, and establishing any reasonably required reserve funds. There shall be a lien

upon such moneys, until so used in favor of the holders of the bonds or the trustee provided for

in this chapter in respect to the bonds.
N.D. Cent. Code § 61-16-50 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-50
61-16-50. Closing a noncomplying drain - Notice and hearing - Appeal - Injunction
Status: repealed

61-16-50. Closing a noncomplying drain - Notice and hearing - Appeal - Injunction

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-24.5-15 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-15
61-24.5-15. Proceedings to confirm contract
Status: in_force

61-24.5-15. Proceedings to confirm contract

The board of directors of the authority, after entering into a contract with the United States

government, the state of North Dakota, or with any public corporation or political subdivision 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, must be judicially

examined, approved, and confirmed, or disapproved and disaffirmed. Such proceeding must

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 § 61-16.2-03 — ND Code / Title 61 / Chapter 61-16.2 / Section 61-16.2-03
61-16.2-03. Duties of the department
Status: in_force

61-16.2-03. Duties of the department

The department shall:

1. Collect and distribute information relating to flooding and floodplain management.

2. Coordinate local, state, and federal floodplain management activities to the greatest

extent possible, and encourage appropriate federal agencies to make their flood

control planning data available to communities and districts for planning purposes, in

order to allow adequate local participation in the planning process and in the selection

of desirable alternatives.

3. Assist communities and districts in their floodplain management activities within the

limits of available appropriations and personnel in cooperation with the division of

homeland security and emergency management.

4. Do all other things, within lawful authority, which are necessary or desirable to manage

the floodplains for uses compatible with the preservation of the capacity of the

floodplain to carry and discharge the base flood. In cooperation with communities and

districts, the department shall conduct, whenever possible, periodic inspections to

determine the effectiveness of local floodplain management programs, including an

evaluation of the enforcement of and compliance with local floodplain management

ordinances.
N.D. Cent. Code § 61-39-10 — ND Code / Title 61 / Chapter 61-39 / Section 61-39-10
61-39-10. Validity of notes and bonds
Status: in_force

61-39-10. Validity of notes and bonds

Bond anticipation notes, revenue bonds, or refunding bonds bearing the manual or facsimile

signatures of the appropriate officers who are in office on the date of signing are valid and

binding obligations notwithstanding that before the delivery and payment any or all of the

persons whose signatures appear on the notes or bonds have ceased to be officers of the

issuing authority. The resolution authorizing the notes or bonds may provide that the notes or

bonds must contain a recital that they are issued under this chapter and the recital is conclusive

evidence of their validity and of the regularity of their issuance.
N.D. Cent. Code § 61-35-96 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-96
61-35-96. Contractor's bond - Execution
Status: in_force

61-35-96. Contractor's bond - Execution

Within the time fixed by the board for executing the contract, the successful bidder shall file

with the district a contract bond in a sum equal to the full amount of the contract. The bond must

be executed by the bidder or contractor as principal and by a surety company authorized to do

business in this state as surety.
N.D. Cent. Code § 61-26-03 — ND Code / Title 61 / Chapter 61-26 / Section 61-26-03
61-26-03. Payments for city joint drain
Status: in_force

61-26-03. Payments for city joint drain

All moneys paid pursuant to such agreement shall be paid into the county treasury and be

credited to the drain fund of such drain. In the discretion of the board of drain commissioners,

the amount received in payment of proportionate share of original cost of such drain which will

not be required for future maintenance of the drain may be paid out to the owners of record, at

the time of such payment, of land which was assessed for such drain. Applications for such

payments shall be made in the form prescribed by the board of drain commissioners and

payments shall be made by the execution and delivery of drain board warrants drawn on the

drain fund. The payment to the owner or owners of each tract of land shall be a percentage of

the total payment to be made to all the owners equal to the percentage of the cost of the drain

which was assessed against such tract of land.
N.D. Cent. Code § 61-28-03 — ND Code / Title 61 / Chapter 61-28 / Section 61-28-03
61-28-03. State water pollution prevention agency - Board
Status: repealed

61-28-03. State water pollution prevention agency - Board

Repealed by S.L. 2017, ch. 199, § 74.
N.D. Cent. Code § 61-11-09 — ND Code / Title 61 / Chapter 61-11 / Section 61-11-09
61-11-09. Appraisal of property by appraisers - Report to board - Advertising property for sale - Opening of bids
Status: in_force

61-11-09. Appraisal of property by appraisers - Report to board - Advertising property

for sale - Opening of bids.

The board of appraisers shall appraise all the property of the district and make a report of

the appraisal to the board of directors. A copy of the report must be filed by the secretary of the

district with the department of water resources. The board of directors shall advertise for sale all

the property of the district and publish a notice once each week for two consecutive weeks

specifying that sealed bids will be received, opened, and considered by the board at the time

and place specified in the notice, and describing the property. At the time and place designated

in the notice, or as soon after the time as the board can meet, the board shall open and

consider all bids received for the purchase of the property, and the board may reject bids which

do not, in the judgment of the board, offer a fair and just consideration.
N.D. Cent. Code § 61-02-68.17 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.17
61-02-68.17. Additional reserves and funds
Status: in_force

61-02-68.17. Additional reserves and funds

The commission may establish additional and further reserves or other funds or accounts as

may be necessary, desirable, or convenient to further the accomplishment of the purposes of

the commission to comply with the provisions of an agreement made by or a resolution of the

commission.
N.D. Cent. Code § 61-16-29 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-29
61-16-29. Extension of special assessments on tax lists - Collection - Payment to water management district
Status: repealed

61-16-29. Extension of special assessments on tax lists - Collection - Payment to

water management district.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-35-02 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-02
61-35-02. Petition
Status: in_force

61-35-02. Petition

A petition may at any time be filed with the department of water resources requesting the

department to organize a district encompassing an area in one county or in two or more

adjacent counties for the purpose of providing an adequate supply of water for the residents of

the area. An area to be included in a district may not include property then included in any other

district or included in the service area of a nonprofit corporation or cooperative association

established under title 10 to operate a rural water system, except as otherwise permitted under

section 61-35-25.
N.D. Cent. Code § 61-16.2-05 — ND Code / Title 61 / Chapter 61-16.2 / Section 61-16.2-05
61-16.2-05. Floodplain management ordinances
Status: in_force

61-16.2-05. Floodplain management ordinances

1. Each community shall submit the floodplain management ordinances adopted under

the national flood insurance program [42 U.S.C. 4001 et seq.] to the department for

review.

2. If the department determines there is a failure by a community to comply with the

intent, purposes, and provisions of this chapter and the minimum ordinances adopted

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

shall notify the appropriate federal agency and the community of those findings. The

department also shall notify the community of the state and federal penalties for such

noncompliance and shall work with the community until such time as the department

determines the community will comply or is complying.
N.D. Cent. Code § 61-08-09 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-09
61-08-09. Execution of bonds - Validity of bonds not impaired by change in officers
Status: in_force

61-08-09. Execution of bonds - Validity of bonds not impaired by change in officers

The bonds issued under the provisions of this chapter must be executed in the name of and

for the district by the manual or facsimile signatures of the chairman and secretary of the board.

The validity of every bond so executed is not impaired by the fact that a subscribing or attesting

officer has ceased to be an officer of the district before delivery to the purchaser.
N.D. Cent. Code § 61-16.1-26.1 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-26.1
61-16.1-26.1. Reconveyance of land no longer required for drainage
Status: in_force

61-16.1-26.1. Reconveyance of land no longer required for drainage

When land acquired for drainage is no longer required for drainage, the board of county

commissioners may reconvey the land to the present owner of the adjacent property if the

present owner of the adjacent property surrenders all warrants issued in payment of the land or

repays the amount of cash paid for the land.
N.D. Cent. Code § 61-02-68.12 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.12
61-02-68.12. Interim financing notes or guarantees not a state obligation - Payment restricted to revenues - Notes or guarantees not a lien
Status: in_force

61-02-68.12. Interim financing notes or guarantees not a state obligation - Payment

restricted to revenues - Notes or guarantees not a lien.

Interim financing notes issued by the commission under this chapter or guarantees provided

under section 61-02-68.14, 61-02-68.15, 61-02-68.16, 61-02-68.17, 61-02-68.18, or

61-02-68.19 are not a debt or liability of this state and do not constitute a loan of the credit of

this state or create any debt or debts, liability or liabilities on behalf of this state, or be or

constitute a pledge of the faith and credit of this state, but all notes or guarantees are payable

solely from funds pledged or available for their payment as authorized in this chapter. The notes

or guarantees do not constitute a charge, lien, nor encumbrance, legal or equitable, upon any

property of the commission, other than funds received pursuant to an interim financing

agreement.

Each note issued under this chapter must recite in substance that the note, including

interest thereon, is payable solely from a loan or grant to be made by an agency or

instrumentality of the United States government, or North Dakota, and that the note does not

constitute a debt of the commission within the meaning of any constitutional or statutory limit.
N.D. Cent. Code § 61-02-23.2 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-23.2
61-02-23.2. Devils Lake outlet - Eminent domain - Design and build construction
Status: in_force

61-02-23.2. Devils Lake outlet - Eminent domain - Design and build construction

In the construction of an outlet from Devils Lake, the commission:

1. Shall make a reasonable and diligent effort to acquire the property interests needed by

negotiation. The commission is deemed to have made a reasonable and diligent effort

if it has contacted or attempted to contact the owner of the property interest needed at

least three times over a thirty-day period. If the commission is unable to acquire the

interest needed by negotiation, then it may take possession of the interests needed

after making a written offer to purchase and depositing the amount of the offer with the

clerk of the district court of the county in which the property interest is located. The

amount of the offer must be at least the average value per acre of comparable

property. The clerk shall immediately notify the property owner in writing of the deposit.

Within thirty days after receiving notice, the property owner may appeal to district court

by serving notice of appeal upon the commission and the matter must be tried in the

manner prescribed under chapter 32-15.

2. May issue, when it determines that it would be advantageous to the state or that it is

necessary in order to construct the outlet in a timely manner, a request for proposals to

design and build the outlet. The request for proposals must require that each proposal

submitted contain a single price that includes the cost to design and build the outlet.

Neither chapter 48-01.2 or 54-44.7, nor any other law requiring competitive bidding

applies to the construction of the outlet if the commission determines to use the design

and build procedure. The commission shall select the proposal that it determines is the

most advantageous to the state.
N.D. Cent. Code § 61-16.2-13 — ND Code / Title 61 / Chapter 61-16.2 / Section 61-16.2-13
61-16.2-13. Flood insurance
Status: in_force

61-16.2-13. Flood insurance

Communities that have residential and nonresidential structures in areas subject to

excessive flooding, as determined by the department, shall participate in the national flood

insurance program administered by the federal emergency management agency. A community

is not required to participate in the program if all of the land under the jurisdiction of the

community is enrolled as a result of another community's participation in the program.
N.D. Cent. Code § 61-34-01 — ND Code / Title 61 / Chapter 61-34 / Section 61-34-01
61-34-01. Definitions
Status: in_force

61-34-01. Definitions

In this chapter, unless the context otherwise requires:

1. "Commission" means the state water commission.

2. "Program" means the drought disaster livestock water assistance program.
N.D. Cent. Code § 61-24.6-01 — ND Code / Title 61 / Chapter 61-24.6 / Section 61-24.6-01
61-24.6-01. Findings and declaration of policy
Status: in_force

61-24.6-01. Findings and declaration of policy

Many areas and localities in northwestern North Dakota do not enjoy safe drinking water,

and the water in these areas and localities contains iron, sulfates, alkali, salt, nitrates, fluoride,

and other hazardous and discoloring substances. Other areas and localities in northwestern

North Dakota do not have sufficient quantities of water to ensure a dependable, long-term

supply. Supplementation of the water resources of northwestern North Dakota with water

supplies from the Missouri River, utilizing a pipeline transmission and delivery system, may be

the only alternative to provide northwestern North Dakota with a safe, good quality, dependable

source, and adequate quantity of water.

Effective development and utilization of the land and water resources of this state; the

opportunity for greater economic security; the protection of health, property, enterprise, and the

preservation of the benefits from the land and water resources of this state; and the promotion

of the prosperity and general welfare of all of the people of North Dakota involve and require the

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

public purpose, a project to supply and distribute water to the people of northwestern North

Dakota through a pipeline transmission and delivery system for purposes, including domestic,

rural water districts, municipal, livestock, light industrial, mining, and other uses, with primary

emphasis on domestic, rural water district, and municipal uses must be pursued. In furtherance

of this public purpose, the state water commission may provide for the issuance of bonds in

accordance with chapter 61-02 to finance the costs of the project.

This chapter may not be construed to limit the rights, powers, duties, and functions of the

state water commission or the department of water resources, but must be considered

supplementary to those rights, powers, duties, and functions.
N.D. Cent. Code § 61-04-14 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-14
61-04-14. Extending time for application to beneficial use
Status: in_force

61-04-14. Extending time for application to beneficial use

The department of water resources may extend the time for the application of water to the

beneficial use cited in the conditional water permit for good cause shown. When the time has

expired, the department may renew and extend the time upon application. However, a

conditional water permit, or any portion of the permit must be considered forfeited if no request

for renewal is received by the department within sixty days after the date the permitholder is

informed the period for applying water to the beneficial use cited in the conditional water permit

has expired. If a request to extend the time for application to beneficial use for any conditional

water permit, or portion of the permit, is denied, the conditional water permit, or portion of the

permit, must be considered forfeited. Sections 61-04-23 through 61-04-25 do not apply to this

section.
N.D. Cent. Code § 61-08-29 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-29
61-08-29. Claims paid by district treasurer - Insufficient funds - Verification of claims
Status: in_force

61-08-29. Claims paid by district treasurer - Insufficient funds - Verification of claims

No claim, other than payments of principal of, premium, if any, or interest on bonds, shall be

paid by the district treasurer until the claim has been allowed by the board, and only upon

warrants signed by the president and countersigned by the secretary. If the treasurer does not

have sufficient money on hand to pay a warrant when it is presented for payment, the treasurer

shall endorse thereon "Not paid for want of funds" and the date when so presented, over the

treasurer's signature. All claims against the district must be certified the same as claims filed

against a county. The board may require any claim to be verified. The secretary of the district

may administer an oath to the person verifying a claim.
N.D. Cent. Code § 61-01-26 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-26
61-01-26. Declaration of state water resources policy
Status: in_force

61-01-26. Declaration of state water resources policy

In view of legislative findings and determination of the ever-increasing demand and

anticipated future need for water in North Dakota for every beneficial purpose and use, it is

hereby declared to be the water resources policy of the state that:

1. The public health, safety, and general welfare, including without limitation,

enhancement of opportunities for social and economic growth and expansion, of all of

the people of the state, depend in large measure upon the optimum protection,

management, and wise utilization of all of the water and related land resources of the

state.

2. Well-being of all of the people of the state shall be the overriding determinant in

considering the best use, or combination of uses, of water and related land resources.

3. Storage of the maximum water supplies shall be provided wherever and whenever

deemed feasible and practicable.

4. Accruing benefits from these resources can best be achieved for the people of the

state through the development, execution, and periodic updating of comprehensive,

coordinated, and well-balanced short-term and long-term plans and programs for the

conservation and development of such resources by the departments and agencies of

the state having responsibilities therefor. The plans and programs for the conservation

and development of these resources may include implementation of a program to

cost-share with local sponsors of water quality improvement projects.

5. Adequate implementation of such plans and programs shall be provided by the state

through cost-sharing and cooperative participation with the appropriate federal and

state departments and agencies and political subdivisions within the limitation of

budgetary requirements and administrative capabilities, including consideration of

cost-sharing for water quality improvement projects.

6. Required assurances of state cooperation and for meeting nonfederal repayment

obligations of the state in connection with federal-assisted state projects shall be

provided by the appropriate state department or agency.

7. Required assurances of local cooperation and for meeting nonfederal repayment

obligations of local interests in connection with federal-assisted local projects may, at

the request of political subdivisions or other local interests be provided by the

appropriate state department or agency, provided, if for any reason it is deemed

necessary by any department or agency of the state to expend state funds in order to

fulfill any obligation of a political subdivision or other local interests in connection with

the construction, operation, or maintenance of any such project, the state shall have

and may enforce a claim against the political subdivision or other local interests for

such expenditures.

The provisions of this section may not be construed in any manner to limit, impair, or abrogate

the rights, powers, duties, or functions of any department or agency of the state having

jurisdiction or responsibilities in the field of water and related land resources conservation,

development, or utilization.