N.D. Cent. Code § 61-16.2-02 — ND Code / Title 61 / Chapter 61-16.2 / Section 61-16.2-02
61-16.2-02. Definitions
Status: reserved

61-16.2-02. Definitions

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

a. "Commission" means state water commission.

b. "Community" means any political subdivision that has the authority to zone.

c. "Conveyance" or "hydraulic conveyance" means a geometric characteristic of a

river or watercourse at a given point that determines the flow-carrying capacity at

that point.

d. "Department" means the department of water resources.

e. "District" means a water resource district, as defined in chapter 61-16.1.

f. "Flood fringe" means that portion of a floodplain outside of the floodway.

g. "Floodplain management" means a community-based effort to prevent or reduce

the risk of flooding. Floodplain management may be associated generally with the

national flood insurance program [42 U.S.C. 4001 et seq.].

h. "Floodplain management ordinance" means a building code, zoning, subdivision,

health, or special purpose ordinance, and any other use of police power, which

provide standards for communities to manage known flood hazards in all official

actions relating to land management and use. A floodplain management

ordinance may be associated with the national flood insurance program

[42 U.S.C. 4001 et seq.] to ensure participating communities meet state and

federal minimum standards.

i. "Floodway" or "regulatory floodway" means the channel of a river or other

watercourse and the adjacent land areas that must be reserved in order to

discharge the base flood without cumulatively increasing the water surface

elevation more than one foot [30.48 centimeters].

j. "Person" means any person, firm, partnership, association, corporation, limited

liability company, agency, or any other private or governmental organization,

which includes any agency of the United States, a state agency, or any political

subdivision of the state.

2. For the purposes of this chapter, the department shall follow the definitions in this

section and the definitions under the national flood insurance program [42 U.S.C. 4001

et seq.] and implementing regulations.
N.D. Cent. Code § 61-16.1-43 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-43
61-16.1-43. Construction of bridges and culverts - Costs
Status: in_force

61-16.1-43. Construction of bridges and culverts - Costs

1. The water resource board shall construct any bridges or culverts over or in connection

with a drain as in its judgment may be necessary to furnish passage from one part to

another of any private farm or tract of land intersected by the drain. The cost of

constructing the bridge or culvert must be charged as part of the cost of constructing

the drain. The bridge or culvert must be maintained under the authority of the water

resource board, and the necessary expense must be deemed a part of the cost of

maintenance.

2. When any bridge or culvert is to be constructed on a county or township highway

system over and across or in connection with a drain, the water resource board shall

notify the county or township with authority for the highway and provide the county or

township reasonable time to review and provide input on the plans for the bridge or

culvert. The bridge or culvert must be maintained by the county or township and all

necessary maintenance expenses must be borne forty percent by the county and sixty

percent by the water resource board, unless otherwise agreed upon by the water

resource board and the highway authority. If the highway authority and the water

resource board cannot agree on the necessity or proper methodology for maintaining

the bridge or culvert, the requesting party may appeal the denial under chapter 28-34.

The cost of constructing the bridge or culvert must be shared in the following manner:

a. If funds are available, the state water commission may participate according to

the commission's rules or policies. The remaining cost must be borne forty

percent by the county and sixty percent by the district that created the need for

the construction.

b. If funds are not available to the commission for participation, forty percent of the

cost must be paid by the county and sixty percent must be charged as the cost of

the drain to the district.

c. Upon request from the water resource board, the county shall request federal

emergency funds for the construction. If the bridge or culvert is constructed with

federal financial participation, including any federal emergency funds, the costs

exceeding the amount of the federal participation must be borne by the district

and county according to the provisions of this section.
N.D. Cent. Code § 61-09-08 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-08
61-09-08. Board to levy assessment against lands of district - Amount - How determined
Status: in_force

61-09-08. Board to levy assessment against lands of district - Amount - How

determined.

The board then shall levy an assessment against the lands of the district sufficient to:

1. Pay the interest on outstanding bonds and improvement warrants;

2. Create a sinking fund to retire outstanding bonds and improvement warrants at

maturity; and

3. Pay any and all obligations of the district due, or to become due during the ensuing

year, including payments due, or to become due, under any contract with the United

States, or with any department or agency thereof, or under any contract with the state

water commission, or with any person, firm, corporation, or limited liability company, or

with another irrigation district.

In determining the total of such levy, the board shall take into consideration revenue derived

from sources other than that obtained from the assessment and taxation of district lands. The

secretary of the board shall compute and enter in separate columns of the assessment record

the respective sums in dollars and cents required for each purpose, and each purpose shall be

denominated a fund.
N.D. Cent. Code § 61-02-72 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-72
61-02-72. Revenue bonds of commission are legal and valid investments of financial institutions - Exemption from taxation
Status: in_force

61-02-72. Revenue bonds of commission are legal and valid investments of financial

institutions - Exemption from taxation.

Notwithstanding any restrictions contained in any other law, the 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 bonds

issued by the commission pursuant to this chapter, and the bonds are authorized security for

public deposits. The bonds, and the interest thereon, are exempt from all state, county, and

municipal taxes.
N.D. Cent. Code § 61-04.1-04 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-04
61-04.1-04. North Dakota atmospheric resource board created - Membership
Status: repealed

61-04.1-04. North Dakota atmospheric resource board created - Membership

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 61-31-09 — ND Code / Title 61 / Chapter 61-31 / Section 61-31-09
61-31-09. Drainage of wetlands
Status: repealed

61-31-09. Drainage of wetlands

Repealed by S.L. 1993, ch. 609, § 7.
N.D. Cent. Code § 61-04-07.2 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-07.2
61-04-07.2. Conditional water permit application denial
Status: in_force

61-04-07.2. Conditional water permit application denial

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 for any reason other than

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

application or portion must be denied.
N.D. Cent. Code § 61-02-01.1 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-01.1
61-02-01.1. Statewide water development program
Status: in_force

61-02-01.1. Statewide water development program

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

statewide water development program. The state water commission shall develop and

implement a comprehensive statewide water development program. The commission shall

design the program to serve the long-term water resource needs of the state and its people and

to protect the state's current usage of, and the state's claim to, its proper share of Missouri River

water.
N.D. Cent. Code § 61-32-03 — ND Code / Title 61 / Chapter 61-32 / Section 61-32-03
61-32-03. Permit to drain waters required - Penalty
Status: in_force

61-32-03. Permit to drain waters required - Penalty

Any person, before draining a pond, slough, lake, or sheetwater, or any series thereof,

which has a watershed area comprising eighty acres [32.37 hectares] or more, shall first secure

a permit to do so. The permit application must be submitted to the department of water

resources. The department shall refer the application to the water resource district or districts

within which is found a majority of the watershed or drainage area of the pond, slough, lake, or

sheetwater for consideration and approval, but the department may require applications

proposing drainage of statewide or interdistrict significance be returned to the department for

final approval. A permit may not be granted until an investigation discloses the quantity of water

which will be drained from the pond, slough, lake, or sheetwater, or any series of those water

bodies, will not flood or adversely affect downstream lands. If the investigation shows the

proposed drainage will flood or adversely affect lands of downstream landowners, the water

resource board may not issue a permit until flowage easements are obtained. The flowage

easements must be filed for record in the office of the recorder of the county or counties in

which the lands are situated. An owner of land proposing to drain shall undertake and agree to

pay the expenses incurred in making the required investigation. This section does not apply to

the construction or maintenance of any existing or prospective drain constructed under the

supervision of a state or federal agency, as determined by the department of water resources.

Any person draining, or causing to be drained, a pond, slough, lake, or sheetwater, or any

series of those water bodies, which has a watershed area comprising eighty acres [32.37

hectares] or more, without first securing a permit to do so, as provided by this section, is liable

for all damage sustained by any person caused by the draining, and is guilty of an infraction. As

used in this section, sheetwater means shallow water that floods land not normally subject to

standing water. The department of water resources may adopt rules for temporary permits for

emergency drainage.
N.D. Cent. Code § 61-16.1-51 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-51
61-16.1-51. Removal of obstructions to drain - Notice and hearing - Appeal - Injunction - Definition
Status: in_force

61-16.1-51. Removal of obstructions to drain - Notice and hearing - Appeal -

Injunction - Definition.

1. If a water resource board determines that an obstruction to a drain has been caused

by the result of a natural occurrence, such as sedimentation or vegetation, or by the

negligent act or omission of a landowner or tenant, the board shall notify the

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

of the notice also must be sent to the tenant, if any. The notice must specify the nature

and extent of the obstruction and the opinion of the board as to its cause, and must

state if the obstruction is not removed within the period the board determines, but not

less than fifteen days, the board shall procure removal of the obstruction and assess

the cost of the removal, or the portion the board determines appropriate, against the

property of the landowner responsible. The notice also must state the affected

landowner, within fifteen days of the date the notice is mailed, may demand, in writing,

a hearing on the matter. Upon receipt of the demand, the board shall set a hearing

date within fifteen days from the date the demand is received. In the event of an

emergency, the board may apply immediately to the appropriate district court for an

injunction prohibiting a landowner or tenant from maintaining an obstruction.

Assessments levied under this section must be collected in the same manner as other

assessments authorized by this chapter. If, in the opinion of the board, more than one

landowner or tenant has been responsible, the costs may be assessed on a pro rata

basis in accordance with the proportionate responsibility of the landowners. A

landowner aggrieved by action of the board under this section may appeal the decision

of the board to the district court of the county in which the land is located in

accordance with the procedure provided in section 28-34-01. A hearing under this

section is not a prerequisite to an appeal. If a complaint is frivolous in the discretion of

the board, the board may assess the costs of the frivolous complaint against the

complainant. If the obstruction is located in a road ditch, the timing and method of

removal must be approved by the appropriate road authority before the notice required

by this section is given and appropriate construction site protection standards must be

followed.

2. For the purposes of this section, "an obstruction to a drain" means a natural or artificial

barrier to a watercourse, as defined by section 61-01-06, or an artificial drain, including

if the watercourse or drain is located within a road ditch that materially affects the free

flow of waters in the watercourse or drain.

3. Following removal of an obstruction to a drain, either by a water resource board or by

a party complying with an order of a water resource board, the board may assess its

costs against the property of the responsible landowner.
N.D. Cent. Code § 61-04.1-30 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-30
61-04.1-30. Abolishment of weather modification authority by election
Status: in_force

61-04.1-30. Abolishment of weather modification authority by election

When a petition signed by not less than twenty percent of the qualified electors of the

county, as determined by the vote cast for governor in the last preceding gubernatorial election,

requesting an election upon the abolishment of a weather modification authority as created in

sections 61-04.1-27 and 61-04.1-29 is presented to the board of county commissioners, not

later than sixty days prior to the next countywide election, the board of county commissioners

shall submit the question to the qualified 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 abolish the weather modification authority as of December thirty-first

following the election. All unexpended funds remaining in the name of the weather modification

authority, after all proper bills and expenses have been paid, shall be deposited in the general

fund of the county.
N.D. Cent. Code § 61-20-02 — ND Code / Title 61 / Chapter 61-20 / Section 61-20-02
61-20-02. Drilling artesian or flowing well - Requirements
Status: in_force

61-20-02. Drilling artesian or flowing well - Requirements

Every person, stock company, association, corporation, or limited liability company that shall

drill an artesian or flowing well shall comply with the rules of the department of water resources

regarding such activity.
N.D. Cent. Code § 61-16.1-25 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-25
61-16.1-25. Financial reports - Liability for deficiencies
Status: in_force

61-16.1-25. Financial reports - Liability for deficiencies

In June and December of each year and as otherwise required by the county commission

appointing the managers of the district, the district treasurer shall report to the water resource

board in writing the amount of money in the treasury, the receipts, if any, in the preceding period

and the amount and items of expenditure during that period. The report shall be verified and

filed with the secretary of the district. A verified copy of the report shall also be filed in the office

of the county auditor of each county in which the district lies and shall be open to public

inspection.

During the month of January of each year, the water resource board shall prepare a

complete statement of the condition of the finances of the district for the past year and shall

cause the same to be filed with the county auditor of each county in which the district lies on or

before February first next following. Such statement shall show separately, and in detail, the

condition and resources of each and every assessment fund for the payment of project warrants

of the district, including the amount of any anticipated deficit and the apportionment thereof. At

its February meeting next following the filing of the statement of condition of any district, the

board of county commissioners shall examine the statement and make inquiry regarding the

same to determine whether or not the district has defaulted or may soon default on payment of

its financial obligations as the same become due.

Whenever all special assessments collected for a project are insufficient to pay the special

assessment warrants issued against such project, coming due within the following thirteen

months, with interest, the board of county commissioners of each of the counties wherein the

district lies shall advance to the district project warrant fund an amount sufficient to pay the

deficiency attributable to benefited property in each county. If it appears to the board at any time

that a deficiency exists or is likely to occur within one year in such project warrant fund for the

payment of principal or interest due or to become due on such warrants, the board of county

commissioners of each of the counties wherein the district lies, in order to forestall imminent

deficiency in such fund or to promptly restore the ability of such fund to pay principal and

interest punctually as the same become due, shall advance to such project fund the amount

necessary to cover the anticipated deficiency attributable to benefited property in such county.

In order to make such advances, the board of county commissioners of each of the counties

shall levy a general tax upon the taxable property in the county, and may issue certificates of

indebtedness against levies so made, or shall pay such advances from its general fund.

Advances made by the county or counties shall be obligations of the district to be met out of any

surplus in the district project warrant fund, and future district budgets and tax levies for the

district after provision has been made for necessary current expenses. No tax limitation

provided by any statute of this state shall apply to tax levies made by any county for the purpose

of making any advances in accordance with the provisions of this section.
N.D. Cent. Code § 61-24.3-14 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-14
61-24.3-14. Operation and maintenance fund
Status: in_force

61-24.3-14. Operation and maintenance fund

To identify and distinguish the revenues received by the commission from water user

entities for operation and maintenance of the southwest pipeline project, there shall be

maintained, as a part of the moneys of the state received and kept by the state treasurer, a fund

to be designated as the southwest pipeline project operation and maintenance fund. All moneys

received by the state treasurer from the commission, whether from payments made by water

user entities for operation and maintenance of the southwest pipeline project or otherwise,

which shall be by law or by other authoritative designation made applicable to the payment of

operation and maintenance of the southwest pipeline project, shall be kept by the state

treasurer in such fund distinct from all other moneys and shall be disbursed by the state

treasurer only for the particular purpose or purposes for which the moneys were received, and

no other appropriations shall ever be made of the moneys in said fund. This section shall not be

construed as preventing the state treasurer from depositing the moneys in the Bank of North

Dakota.
N.D. Cent. Code § 61-02-29 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-29
61-02-29. Commission to have full control over unappropriated public waters of state
Status: in_force

61-02-29. Commission to have full control over unappropriated public waters of state

The commission shall have full control over all unappropriated public waters of the state,

whether above or under the ground, for which it has filed a declaration of intention pursuant to

section 61-02-30, to the extent necessary to fulfill the purposes of this chapter.
N.D. Cent. Code § 61-08-10 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-10
61-08-10. Registration of bond by secretary - Contents - Copy filed with county auditor - Secretary to endorse
Status: repealed

61-08-10. Registration of bond by secretary - Contents - Copy filed with county

auditor - Secretary to endorse.

Repealed by S.L. 1997, ch. 518, § 24.
N.D. Cent. Code § 61-24.6-09 — ND Code / Title 61 / Chapter 61-24.6 / Section 61-24.6-09
61-24.6-09. Capital costs - Deposit - Use
Status: in_force

61-24.6-09. Capital costs - Deposit - Use

Money derived and received from water user entities or otherwise for capital costs or

construction of the northwest area water supply project may be held pursuant to the terms of a

resolution or trust indenture adopted by the state water commission. Any money not held

pursuant to the terms of a resolution or trust indenture must be deposited by the commission

and maintained, as 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 fund for capital costs and

construction. All moneys received by the state treasurer for capital costs and construction of the

northwest area water supply project, and all 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 capital costs and construction of the northwest area water supply project.
N.D. Cent. Code § 61-02-64 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-64
61-02-64. Fund created by commission - Depository
Status: in_force

61-02-64. Fund created by commission - Depository

The commission shall have a fund to be known as the "contract fund". The moneys in the

contract fund shall be deposited in the state treasury. The contract fund shall have such

accounts as the commission may determine. The use or disposition of such accounts, including

the pledging thereof for the security of and payment on one or more series of bonds, shall be

determined by the commission.
N.D. Cent. Code § 61-10-07 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-07
61-10-07. Objections to change - Resolution adopting change - Contents of resolution
Status: repealed

61-10-07. Objections to change - Resolution adopting change - Contents of

resolution.

Repealed by S.L. 1959, ch. 410, § 15.
N.D. Cent. Code § 61-05-03 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-03
61-05-03. Votes of electors - Number permissible
Status: in_force

61-05-03. Votes of electors - Number permissible

Any elector owning twenty acres [8.09 hectares] or less but not less than five acres [2.02

hectares], subject to assessments for construction or other costs within a proposed or existing

district, shall have one vote. Any elector owning more than twenty acres [8.09 hectares] subject

to such assessments within any irrigation district which will receive all or a portion of its water

supply from a federal reclamation or irrigation project shall have one additional vote for each

additional twenty acres [8.09 hectares] or major fraction thereof. However, the total votes any

elector is entitled to must be determined based on the number of acres [hectares] the elector is

entitled to irrigate pursuant to the Reclamation Reform Act of 1982 [Pub. L. 97-293; 96 Stat.

1263; 43 U.S.C. 390aa et seq.] and may not exceed more than thirty-five percent of the total

votes eligible to be cast in any district election regardless of the number of acres [hectares] of

land owned by the elector in the district. Any elector owning more than twenty acres [8.09

hectares] subject to assessments within any existing or proposed irrigation district which does

not receive any of its water supply from a federal reclamation or irrigation project shall have one

additional vote for each additional twenty acres [8.09 hectares] or major fraction thereof, but no

elector shall be entitled to cast more than thirty-five percent of the total votes eligible to be cast

in any district election regardless of the number of acres [hectares] of land owned by the elector

in the district.
N.D. Cent. Code § 61-08-06 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-06
61-08-06. Bonds - Terms
Status: in_force

61-08-06. Bonds - Terms

Bonds issued by any irrigation district under the provisions of this chapter must be in the

denominations and form, be subject to redemption with or without premium, and be subject to

any other terms or conditions as the board of directors may determine, and must mature in not

more than forty years from the date of the bonds. If the maturities are serial, the first installment

of principal must fall due not more than three years, and the last installment not more than forty

years, from the date of the bonds.
N.D. Cent. Code § 61-04.1-05 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-05
61-04.1-05. Board districts created
Status: repealed

61-04.1-05. Board districts created

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 61-24.8-41 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-41
61-24.8-41. Contracts for construction or maintenance of project
Status: in_force

61-24.8-41. Contracts for construction or maintenance of project

If the cost of construction or maintenance of a project does not exceed the amount provided

for construction of a public improvement under section 48-01.2-02, the work may be done on a

day work basis or a contract may be let without being advertised. If the costs of the construction

or maintenance exceed the amount provided for construction of a public improvement under

section 48-01.2-02, the board must let a contract in accordance with chapter 48-01.2.
N.D. Cent. Code § 61-05-14 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-14
61-05-14. Notice of election - Contents - Publication
Status: in_force

61-05-14. Notice of election - Contents - Publication

Upon making an order establishing an irrigation district, the department of water resources

shall give notice of an election to be held in the district to determine whether the electors of the

district approve the establishment and organization of the irrigation district. The notice must

state an elector desiring to be a candidate for the office of district director shall file the elector's

name with the department of water resources not less than twenty days before the election. The

notice must carry a reference to the map or maps previously filed with the county auditor

describing the boundaries of the lands included in the district as established by the department

and designate a name for the district. The notice must be filed with the county auditor of each

county in which the proposed district is situated and be published once each week for

two consecutive weeks in the newspapers of general circulation where the district is located and

in the official newspaper of each county in which the district is located. The date set for the

election must be not less than twenty-five, nor more than thirty-five, days after the first

publication of the notice.
N.D. Cent. Code § 61-02-64.2 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-64.2
61-02-64.2. Repayment of loan proceeds and reimbursements deposited in resources trust fund
Status: in_force

61-02-64.2. Repayment of loan proceeds and reimbursements deposited in resources

trust fund.

Notwithstanding section 61-02-64.1, any repayment made after January 1, 1991, of any

loans disbursed from the contract fund or resources trust fund and any moneys paid to the state

or the commission after January 1, 1991, to reimburse the commission for moneys, other than

bond proceeds, used for municipal, rural, and industrial water supply projects must be deposited

in the resources trust fund in the state treasury.
N.D. Cent. Code § 61-04-29 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-29
61-04-29. Enforcement
Status: in_force

61-04-29. Enforcement

The department of water resources has full power and authority to institute, maintain, and

prosecute to determination in an administrative proceeding or any of the courts of this state, or

in any of the federal courts, any and all actions, suits, and special proceedings that may be

necessary to enjoin unauthorized use of water, enforce an order of the department or the

commission, or otherwise administer the provisions of this chapter. Notwithstanding any other

provision of law, the department of water resources may issue administrative orders requiring

the immediate cessation of water use when the department has a reasonable belief the use is

unauthorized or continued use will damage the rights of prior appropriators.
N.D. Cent. Code § 61-35-25 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-25
61-35-25. Alternate operation by nonprofit corporation or cooperative
Status: in_force

61-35-25. Alternate operation by nonprofit corporation or cooperative

A nonprofit corporation or cooperative association established under title 10 for the specific

purpose of operating a rural water system may petition the department of water resources to

organize a district, in the manner provided by section 61-35-02. The signatures of the

corporation's or cooperative's officers on the petition and a resolution adopted by the members

in the manner provided in section 10-15-37 for amendments to articles or in the manner

provided in chapter 10-33 for dissolution approving the petition suffice in lieu of signatures of

owners of fifty percent of the real property in the proposed district, if the petition presenter

provides evidence satisfactory to the department that a sufficient number of members of the

proposed district will subscribe or have subscribed to benefit units to make its operation

feasible. The procedure for hearing and determination of disposition of the petition is as

provided by this chapter. In any district organized upon the petition of a nonprofit corporation or

cooperative association, the following procedures apply:

1. After final approval of the petition by the department, the secretary of the corporation

or cooperative shall file a notice with the secretary of state or attorney general, if

applicable, in accordance with title 10.

2. Upon filing of the notice, the nonprofit corporation or cooperative ceases to exist as a

title 10 entity and all assets and liabilities of the nonprofit corporation or cooperative

become the assets and liabilities of the newly organized district without any further

meetings, voting, notice to creditors, or other actions by the members of the board.

3. The officers and board of directors of the corporation or cooperative are the officers

and board of the district.

4. The applicable laws of the state and the articles of incorporation and bylaws of the

corporation or cooperative control the initial size and initial term of office of officers and

the board, in lieu of sections 61-35-08 through 61-35-11.

5. The district shall bring its operation and structure into compliance with the

requirements of section 61-35-08 regarding the number and qualification of directors,

section 61-35-09 regarding new bylaws, section 61-35-10 regarding dividing its

directors into classes, and section 61-35-11 regarding board meetings at the first

annual meeting of the participating members and board. The new district has all the

rights and all the property of the original corporation or cooperative and is responsible

for all its obligations. Title to any property is vested in the new district with no reversion

or impairment of ownership rights caused by the conversion to a district. A water

supply agreement entered by a nonprofit corporation or cooperative association is

binding for its term on a successor district organized by the nonprofit corporation or

cooperative association, unless otherwise agreed in writing by all parties to the

agreement. The right of any creditor may not be impaired by this section without the

creditor's consent.
N.D. Cent. Code § 61-16.1-29 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-29
61-16.1-29. Extension of special assessments on tax lists - Collection - Payment to district
Status: in_force

61-16.1-29. Extension of special assessments on tax lists - Collection - Payment to

district.

The county auditor of each county shall extend the special assessments certified to the

county auditor on the tax list of the district for the current year and such assessments, with

interest and penalties, if any, shall be collected by the county treasurer as general taxes are

collected and shall be paid to the treasurer of the district.
N.D. Cent. Code § 61-10-31 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-31
61-10-31. Redivision of district into divisions
Status: in_force

61-10-31. Redivision of district into divisions

When lands are included in an irrigation district by means of the procedure described in this

chapter, and if the district will contain after inclusion of the lands twenty thousand irrigable acres

[8093.72 irrigable hectares] or more, at least thirty days before the next general election, the

board shall make an order dividing or redividing the district into divisions in conformity with

section 61-05-13. The divisions must be as nearly equal in size as may be practicable and they

must be numbered, with one director thereafter elected by and from each division.
N.D. Cent. Code § 61-24.3-01 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-01
61-24.3-01. Legislative findings and intent
Status: in_force

61-24.3-01. Legislative findings and intent

The legislative assembly finds that adequate water supplies for municipal, domestic,

livestock, rural, irrigation, industrial, and other uses are essential for the social stability and

economic security of the people of the state of North Dakota. It is further found that the

development and utilization of the water resources of this state are necessary for the protection

of health, property, and enterprise, and for the promotion of prosperity and general welfare of

the people of the state of North Dakota, and that such development and utilization of water

resources in this state involves and requires the exercise of the sovereign powers of the state

and concern a public purpose. It is necessary the southwest pipeline project, as authorized and

approved pursuant to this chapter, be established and constructed, to provide for the

supplementation of the water resources of a portion of the area of North Dakota south and west

of the Missouri River with water supplies from the Missouri River for multiple purposes, including

domestic, rural, and municipal uses. In furtherance of this public purpose, the state water

commission may provide for the issuance of bonds not to exceed twenty-five million dollars in

accordance with chapter 61-02 to finance the cost of the project. The provisions of this chapter

may not be construed to abrogate or limit the rights, powers, duties, or functions of the state

water commission or the department of water resources, but are supplementary to the rights,

powers, duties, or functions. Nor may this chapter be construed as limiting or affecting the laws

of this state relating to the organization or operation of irrigation districts, water resource

districts, or other political subdivisions.
N.D. Cent. Code § 61-12-46 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-46
61-12-46. Department of water resources to assist county board of flood irrigation
Status: in_force

61-12-46. Department of water resources to assist county board of flood irrigation

The department of water resources, upon the request of the board of flood irrigation of any

county in this state, shall assist the board in determining whether the construction of any

proposed 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

would be conducive to the public health, convenience, or welfare.
N.D. Cent. Code § 61-35-45 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-45
61-35-45. Receiver subject to jurisdiction of court - Jurisdiction of court
Status: in_force

61-35-45. Receiver subject to jurisdiction of court - Jurisdiction of court

A receiver under this chapter acts under the direction and supervision of the appointing

court and is subject to the orders of that court and may be removed by it. This chapter does not

limit the jurisdiction of the court to enter orders it deems necessary for the receiver to exercise

any functions set forth in this chapter.
N.D. Cent. Code § 61-10-03 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-03
61-10-03. Notice of petition to include land in district - Contents - Time required by notice - Cost
Status: repealed

61-10-03. Notice of petition to include land in district - Contents - Time required by

notice - Cost.

Repealed by S.L. 1959, ch. 410, § 15.
N.D. Cent. Code § 61-04.1-23 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-23
61-04.1-23. Weather modification authority created by petition
Status: in_force

61-04.1-23. Weather modification authority created by petition

A weather modification authority shall be created by resolution and five commissioners

appointed thereto for ten-year terms of office, by the board of county commissioners. A board of

county commissioners shall not adopt a resolution creating an authority until it has received a

valid petition signed by at least fifty-one percent of the qualified electors of a county, as

determined by the vote cast for the office of governor at the last preceding general election. The

board of county commissioners shall appoint five residents of the county as weather

modification authority commissioners from those names set forth in the petition and designated

by the petitioners to be appointed weather modification authority commissioners. In the event

any one of the five candidates named in the petition to be appointed weather modification

authority commissioner is unable or refuses for any reason to accept appointment as

commissioner, or is disqualified by not meeting residence requirements, as a qualified elector in

the county, the board of county commissioners shall name its own appointee for a ten-year term

of office in place of any disqualified candidate selected by the petitioners. If any weather

modification authority commissioner submits a resignation in writing to the board of county

commissioners or becomes unable or disqualified for any reason, after accepting office, the

board of county commissioners shall name its appointee as a commissioner to the weather

modification authority. All vacancies occurring otherwise than by expiration of term of office shall

be filled for the unexpired term.

Any weather modification authority created pursuant to this section shall expire ten years

after the date of the initial appointment of the commissioners thereto. Any unexpended funds

remaining in the name of the weather modification authority, after all proper bills and expenses

have been paid, shall be transferred into the county general fund by the officers of the weather

modification authority on or before the ten-year termination date provided by this section.

However, all unexpended funds remaining in the name of the weather modification authority,

after all proper bills and expenses have been paid, shall remain in the name of the weather

modification authority if the board of county commissioners of such county by resolution creates

a weather modification authority and all its powers in accordance with section 61-04.1-27.

Nothing in this section shall prevent continuation or reinstatement of a weather modification

authority, provided the authority is renewed for another ten years by petition of the qualified

electors in the same manner as the initial weather modification authority was created by petition

of qualified electors as provided for in this chapter.

In the event more than one petition is filed with the board of county commissioners on or

about the same time, the petition with the highest percentage of the qualified electors of the

county voting for the office of governor at the last preceding general election shall be selected

by the board of county commissioners. However, the petition with the highest percentage must

have the signatures of at least forty percent of the qualified electors in the county and the sum

total of all qualified electors signing all petitions filed must equal at least sixty percent of the

qualified electors in the county. In no case shall the name of the same qualified elector appear

on two or more petitions, but in such event, the name shall be stricken from both petitions.
N.D. Cent. Code § 61-16.1-44 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-44
61-16.1-44. Culvert and pipe arch bids and acceptance
Status: in_force

61-16.1-44. Culvert and pipe arch bids and acceptance

A water resource board may advertise for bids to supply culverts and pipe arches and may

accept one or more low bids. A board may utilize bids for such materials received by the county

within which the board has jurisdiction and may accept one or more low bids. The board may

then purchase materials from the accepted low bidder or bidders for a period of one year from

the date of the original acceptance of the bids.
N.D. Cent. Code § 61-14-07 — ND Code / Title 61 / Chapter 61-14 / Section 61-14-07
61-14-07. Unlawful interference with rights to use of water - Penalty
Status: in_force

61-14-07. Unlawful interference with rights to use of water - Penalty

Any person interfering with or injuring or destroying any headgate, weir, benchmark, well, or

other appliance or works for the appropriation, diversion, storage, apportionment, or

measurement of water, or for any hydrographic or hydrologic surveys, or interfering with any

person engaged in the discharge of duties connected with a headgate, weir, benchmark, well, or

other appliance or works for those purposes, is guilty of a class A misdemeanor and liable for

the injury or damage resulting from the unlawful act. The department of water resources and the

person in charge of an irrigation work, and their authorized assistants and agents, may enter

upon private property for the performance of their respective duties, but may not damage the

property unnecessarily.
N.D. Cent. Code § 61-33-06 — ND Code / Title 61 / Chapter 61-33 / Section 61-33-06
61-33-06. Duties and powers of the board of university and school lands
Status: in_force

61-33-06. Duties and powers of the board of university and school lands

The board of university and school lands shall manage, operate, and supervise all

properties transferred to it by this chapter; may enter into any agreements regarding such

property; may enforce all subsurface rights of the owner in its own name; and may make and

execute all instruments of release or conveyance as may be required pursuant to agreements

made with respect to such assets, whether such agreements were made heretofore, or are

made hereafter.
N.D. Cent. Code § 61-24-32 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-32
61-24-32. Bonds as legal investments and security
Status: in_force

61-24-32. Bonds as legal investments and security

Notwithstanding any other provision of law, the state and all public officers, boards, and

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

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

credit unions, investment companies, insurance companies, and other persons carrying on an

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

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

within their control in any bonds issued under this chapter, and the bonds are authorized

security for all public deposits.
N.D. Cent. Code § 61-24.5-06 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-06
61-24.5-06. Election of county directors of the southwest water authority
Status: in_force

61-24.5-06. Election of county directors of the southwest water authority

Any person who is a resident and qualified elector of the county, who aspires to the office of

director of the southwest water authority, shall, before four p.m. of the sixty-fourth day before

any primary election preceding a general election at which a director of the authority is to be

elected, present to the county auditor a petition giving that person's name, post-office address,

and the title of the office of the southwest water authority to which that person is seeking

election. The petition must contain the signatures of not less than two percent of the qualified

electors of the county as determined by the number of votes cast in the county for the office of

director of the southwest water authority at the most recent preceding election at which the

office of director of the southwest water authority was voted upon. Each signer of the petition

shall include with that signer's name that signer's mailing address.

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

State of North Dakota )

) ss.

County of __________ )

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

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

office of director of the Southwest Water Authority to be elected at the primary election to be

held on _____________, ______, and I request that my name be printed upon the no-party

primary election ballot as provided by law, as a candidate for the office.

____________________________

Subscribed and sworn to before me on _____________, ______.

_____________________________

Notary Public

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

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

candidate receiving the highest number of votes is elected.

At the primary election, votes must be canvassed, returned certified, and certificates of

election issued in the manner provided by law for the election of county officers.
N.D. Cent. Code § 61-10-16 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-16
61-10-16. Hearing petition and objections thereto - Assent of parties
Status: repealed

61-10-16. Hearing petition and objections thereto - Assent of parties

Repealed by S.L. 1983, ch. 680, § 58.
N.D. Cent. Code § 61-02-14 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-14
61-02-14. Powers and duties of the commission
Status: in_force

61-02-14. Powers and duties of the commission

The commission is authorized:

1. To investigate, plan, regulate, undertake, construct, establish, maintain, control,

operate, and supervise all works, dams, and projects, public and private, which in the

commission's judgment may be necessary or advisable:

a. To control the low-water flow of streams in the state.

b. To impound water for the improvement of municipal, industrial, and rural water

supplies.

c. To control and regulate floodflow in the streams of the state to minimize the

damage of floodwaters.

d. To conserve and develop the waters within the natural watershed areas of the

state and, subject to vested rights, to divert the waters within a watershed area to

another watershed area and the waters of any river, lake, or stream into another

river, lake, or stream.

e. To improve the channels of the streams for more efficient transportation of the

available water in the streams.

f. To provide sufficient water flow for the abatement of stream pollution.

g. To develop, restore, and stabilize the waters of the state for domestic,

agricultural, and municipal needs; irrigation; flood control; recreation; and wildlife

conservation by the construction and maintenance of dams, reservoirs, and

diversion canals.

h. To promote the maintenance of existing drainage channels in agricultural lands

and to construct needed channels.

i. To provide more satisfactory subsurface water supplies for the state's

municipalities.

j. To finance the construction, establishment, and extraordinary maintenance of

public works, dams, and irrigation projects, which in the commission's judgment

may be necessary and advisable. The commission may not provide a cost-share

for the costs of operation, regular maintenance, or removal of vegetative

materials and sediment, for assessment drains. Snagging and clearing of

watercourses are not regular maintenance.

k. To provide for the storage, development, diversion, delivery, and distribution of

water for the irrigation of agricultural land and supply water for municipal and

industrial purposes.

l. To provide for the drainage of lands injured by or susceptible of injury from

excessive rainfall or from the utilization of irrigation water, and subject to the

limitations prescribed by law, to aid and cooperate with the United States and any

department, agency, or officer of the United States, and with any county,

township, drainage district, or irrigation district of this state, or of another state, in

the construction or improvement of the drains.

m. To provide water for stock.

n. To provide water for the generation of electric power and for mining and

manufacturing purposes.

2. To define, declare, and establish rules and regulations:

a. For the sale of waters and water rights to individuals, associations, corporations,

limited liability companies, municipalities, and other political subdivisions of the

state and for the delivery of water to users.

b. For the full and complete supervision, regulation, and control of the water

supplies within the state.

c. Governing and providing for financing by local participants to the maximum extent

deemed practical and equitable in any water development project in which the

state participates in cooperation with the United States or with political

subdivisions or local entities.

3. To exercise full power and control of the construction, operation, and maintenance of

works and the collection of rates, charges, and revenues realized from the works.

4. To sell, lease, and otherwise distribute all waters which may be developed,

impounded, and diverted by the commission under this chapter, for the purposes of

irrigation, the development of power, and the watering of livestock, and for any other

private or public use.

5. To exercise all express and implied rights, power, and authority that may be necessary,

and to do, perform, and carry out the expressed purposes of this chapter and the

purposes reasonably implied incidentally to or lawfully connected with the expressed

purposes of this chapter.

6. To acquire, own, and develop lands for irrigation and water conservation and to

acquire, own, and develop damsites and reservoir sites and to acquire easements and

rights of way for diversion and distributing systems.

7. To cooperate with the United States and any department, agency, or officer of the

United States in the planning, establishment, operation, and maintenance of dams,

reservoirs, diversion and distributing systems, for the utilization of the waters of the

state for domestic, municipal, and industrial needs, irrigation, flood control, water

conservation, and generation of electric power and for mining, agricultural, and

manufacturing purposes. The commission may, within the limitations prescribed by

law, acquire, convey, contribute, or grant to the United States, moneys, real and

personal property, including land or easements for dams and reservoir sites and rights

of way and easements for diversion and distribution systems or participate in the cost

of any project.

8. To consider cost-sharing for water quality improvement projects.
N.D. Cent. Code § 61-16.1-24 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-24
61-16.1-24. When assessments may be made - Prohibition on certain contracts
Status: in_force

61-16.1-24. When assessments may be made - Prohibition on certain contracts

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 water resource

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 the costs have been ascertained. The certificate must include the

estimated construction cost under the terms of any contract for the project; a reasonable

allowance for the 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 services in

connection with the authorization and financing of the project; cost of publication of required

notices; printing of improvement warrants; cost necessarily paid for damages caused by the

improvement; interest during the construction period; and all expenses incurred in making the

improvement and levy of assessments.

A contract that exceeds, by twenty percent or more, the estimated cost of the project as

presented to and approved by the affected landowners is prohibited.
N.D. Cent. Code § 61-28.1-03 — ND Code / Title 61 / Chapter 61-28.1 / Section 61-28.1-03
61-28.1-03. Powers and duties of department
Status: in_force

61-28.1-03. Powers and duties of department

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

1. Administer and enforce a safe drinking water program pursuant to the provisions of

this chapter.

2. Provide technical assistance on request to public water systems of the state and other

persons, and cooperate with appropriate federal agencies.

3. Advise, consult, and cooperate with other public agencies and with affected groups

and industries.

4. Issue such orders as may be necessary to effectuate the purposes of this chapter and

enforce the same by all appropriate administrative and judicial process.

5. Maintain an inventory of public water systems within the state, which inventory may

consist of such information as the department deems necessary.

6. Conduct sanitary surveys of public water systems within the state.

7. Adopt rules and regulations relating to maximum contaminant levels, monitoring and

analytical requirements and reporting, public notification, and recordkeeping which the

department determines are necessary to protect public health and welfare.

8. Adopt rules and regulations relating to the siting, construction, operation, and

modification of public water systems which the department determines are necessary

to prevent violation of maximum contaminant levels.

9. Require the submission of plans, specifications, and such other information as it

deems necessary.

10. Establish a plan for the provision of safe drinking water under emergency

circumstances.

11. Require each supplier of water to keep such records and make such reports to the

department as it may deem necessary.

12. Establish a schedule of fees that may be charged by the department for laboratory

tests conducted at the request of any supplier of water. Such fees shall be deposited in

the general fund.

13. Require any supplier of water to notify the users of such public water system of any

violations of any provision of this chapter, any regulation, the terms or conditions of

any approval, any variance or exemption, or any order issued by the department.

14. Request and accept grants of funds or services from any federal or state agency, or

any other source, public or private, and to administer such grants in accordance with

any terms or conditions thereof. Any such grants received shall be used only for the

purposes for which they are made.

15. Designate the department of environmental quality as the state safe drinking water

agency for all purposes of the federal Safe Drinking Water Act and is authorized to

take all actions necessary and appropriate to secure for the state the benefit of such

Act and any grants made thereunder.

16. Ensure that all new public water systems, excluding those that principally provide

service to transients, commencing operation after October 1, 1999, demonstrate

technical, managerial, and financial capacity to comply with all rules adopted under

this chapter which are in effect, or will be in effect, on the date of commencement of

operations.

17. Develop and implement a strategy to assist all public water systems in acquiring and

maintaining technical, managerial, and financial capability to comply with all rules

adopted under this chapter.
N.D. Cent. Code § 61-24.5-01 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-01
61-24.5-01. Findings and declaration of policy
Status: in_force

61-24.5-01. Findings and declaration of policy

1. Many areas and localities in southwestern North Dakota do not enjoy adequate

quantities of high-quality drinking water. Other areas and localities in southwestern

North Dakota do not have sufficient quantities of water to ensure a dependable,

long-term supply. Supplementation of the water resources of southwestern North

Dakota, with water supplies from Lake Sakakawea and the Missouri River, utilizing a

pipeline transmission and delivery system, is a feasible approach to provide

southwestern North Dakota with a safe, good quality, dependable source, and

adequate quantity of water.

2. Opportunity for greater economic security, protection of health, property, enterprise,

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

depends on the effective development and utilization of the land and water resources

of this state, 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 southwestern North Dakota, as authorized by chapter 61-24.3 must be

established and constructed, to:

a. Provide for the supply and distribution of water to the people of southwestern

North Dakota through a pipeline transmission and delivery system for purposes

including domestic, rural water, municipal, livestock, light industrial, mining, and

other uses, with primary emphasis on domestic, rural water, and municipal uses.

b. Provide for the future economic welfare and property of the people of this state,

and particularly the people of southwestern North Dakota, by making available

waters from Lake Sakakawea and the Missouri River for beneficial and public

uses.

3. It is necessary to study and further develop water resources to provide adequate water

supplies for energy, industrial, agriculture, and other opportunities in southwest North

Dakota. This section 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 § 61-02-77 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-77
61-02-77. Emergency municipal, tribal, and rural water system drinking water grant program
Status: in_force

61-02-77. Emergency municipal, tribal, and rural water system drinking water grant

program.

The commission may establish an emergency municipal, tribal, and rural water assistance

program for municipalities, tribes, and rural water systems, whose primary source of water is the

Missouri River, Lake Sakakawea, or Lake Oahe. The commission may establish procedures,

cost-share guidelines, and other criteria for municipalities, tribes, and rural water systems that

request emergency assistance due to low water conditions on the Missouri River, Lake

Sakakawea, or Lake Oahe. The purpose of this program is to provide emergency grant funds to

municipalities, tribes, and rural water systems facing a critical need or health risk as a result of

the inability of the water intake system for the municipal, tribal, or rural water system to supply

an adequate quantity of quality water to the people served by the municipal, tribal, or rural water

system.
N.D. Cent. Code § 61-01-16 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-16
61-01-16. Erection of guards when cutting ice - Penalty for failure to do so
Status: in_force

61-01-16. Erection of guards when cutting ice - Penalty for failure to do so

All persons cutting ice in or upon any waters within the boundaries of this state, for the

purpose of removing such ice for sale or commercial use, shall surround the cuttings and

openings made with fences or bushes or other guards sufficient to warn all persons of such

cuttings and openings, and shall maintain the same until ice has formed again in such openings

to a thickness of at least six inches [15.24 centimeters]. Any person violating this section may be

prosecuted under section 12.1-17-03.
N.D. Cent. Code § 61-35-86 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-86
61-35-86. Refunding special assessment bonds - Purposes for which such bonds may be issued - Payment of bonds
Status: in_force

61-35-86. Refunding special assessment bonds - Purposes for which such bonds

may be issued - Payment of bonds.

Any district having outstanding special assessment bonds, payable in whole or in part out of

collections from special assessments, which are past due or which are redeemable, either at the

option of the district or with the consent of the bondholders, may issue refunding special

assessment bonds if there is not sufficient money in the project fund against which such bonds

are drawn to pay the same. The issuance of refunding bonds must be authorized by resolution

of the district board. The resolution must describe the bonds to be refunded and their amount

and maturity. Refunding bonds may be issued for any of the following purposes:

1. To extend the maturities of bonds payable in whole or in part by special assessments.

2. To reduce the interest on the bonds.

Refunding bonds must bear such date, be in such date, be in such denominations, and

mature serially within such time, not exceeding thirty years from date of issuance, as the board

determines. The average rate of interest on the bonds may not exceed the average rate of

interest on refunded bonds.

The treasurer of the district shall pay special assessment bonds as they mature and are

presented for payment out of the fund against which they are drawn and shall cancel the bonds

when paid. Any deficiency in any fund created for the payment of district bonds payable in whole

or in part out of collections of special assessment taxes must be the general obligation of the

district.
N.D. Cent. Code § 61-35-99 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-99
61-35-99. Failure to execute contractor's bond
Status: in_force

61-35-99. Failure to execute contractor's bond

If the successful bidder, within ten days after the acceptance of the bid or such further time

as the board may grant, does not execute a contractor's bond and a contract for the completion

of the work described in the bid, the board may cause the work to be done, or it may contract

with some other contractor to do or complete the work. In that case, the district may recover in a

suit on the defaulting bidder's bond the difference between the actual cost to the district of the

improvements and the sum that it would have cost if the defaulting bidder had complied with the

bidder's bid.
N.D. Cent. Code § 61-08-13 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-13
61-08-13. Opening bids for bond issues - Record of bids kept - Bids accompanied by check
Status: in_force

61-08-13. Opening bids for bond issues - Record of bids kept - Bids accompanied by

check.

At the time specified for opening the bids for bonds, the secretary of the board publicly shall

open the bids in the presence of the board, and after the bids have been opened, the secretary

shall enter in a permanent record the amount and rate of interest of each bid and the name and

address of the bidder. Each bid must be accompanied by a certified check, cashier's check,

surety bond, or bank draft in the amount of not less than one percent of the bid.
N.D. Cent. Code § 61-04-02.2 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-02.2
61-04-02.2. Property interest required to hold a water permit
Status: in_force

61-04-02.2. Property interest required to hold a water permit

A permitholder must have a legal interest in each point of diversion identified on the permit.

If the permitholder does not have a legal interest in each point of diversion, the department of

water resources shall assign the permit, or portion of the permit, as provided in this chapter to

the title owner.

A permitholder must have a legal interest in each irrigated tract of land identified on the

permit. If the permitholder does not have a legal interest in each irrigated tract of land, the

permitholder may transfer the approved acres to other land, as provided in this chapter.
N.D. Cent. Code § 61-20-06 — ND Code / Title 61 / Chapter 61-20 / Section 61-20-06
61-20-06. Duties of the department of water resources
Status: in_force

61-20-06. Duties of the department of water resources

The department of water resources shall advise the citizens of the state as to the

practicability of measures affecting the underground waters of this state by:

1. Counseling, consulting, and assisting the owner to work out the most desirable control

and use of the owner's well.

2. Selecting at least three representative flowing wells in each county having that

number, and as many more as the department may deem advisable.

3. Causing the record of the wells' flows and pressures to be taken, from time to time, to

learn as much as possible of the decline, fluctuations, and permanence of the artesian

supply.

4. Planning and conducting other investigations as the department may find advisable to

ascertain the best method of prolonging the utility of the same.

5. Keeping a record of the location, size, depth, flow, size of flow, character of water,

construction, and history of all artesian wells of the state, and keeping the record on

file for public reference.

6. Securing the enforcement of all laws pertaining to artesian and phreatic waters of the

state.

7. Publishing bulletins containing information concerning the artesian wells and phreatic

waters of the state as often as the department deems advantageous.

8. Making any additional, reasonable rules governing artesian wells as the department

determines are necessary.
N.D. Cent. Code § 61-24.8-04 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-04
61-24.8-04. Construction
Status: in_force

61-24.8-04. Construction

Powers under this chapter are in addition and supplemental to and not in substitution for,

and the limitations imposed by this chapter do not affect the powers conferred by, any other law.

Bonds may be issued under this chapter without regard to any other laws of this state, except as

provided in section 61-24-29. The project may be acquired, purchased, constructed,

reconstructed, improved, bettered, and extended, and bonds may be issued under this chapter

for those purposes, notwithstanding that any other law may provide for the acquisition,

purchase, construction, reconstruction, improvement, betterment, and extension of a like project

or for the issuance of bonds for like purposes, and without regard to the requirements,

restrictions, debt, or other limitations or other provisions contained in any other law, including

any requirement for any restriction or limitation on the incurring of indebtedness or the issuance

of bonds. If this chapter is inconsistent with any other law of this state, the provisions of this

chapter are controlling with reference to the issuance of bonds.
N.D. Cent. Code § 61-24-10 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-10
61-24-10. Certified copies of levy and budget sent to county auditors
Status: in_force

61-24-10. Certified copies of levy and budget sent to county auditors

Immediately after completion of the budget and the adoption of the annual tax levy by the

board of directors of the district, but not later than October first, the secretary of the district shall

send one certified copy of the levy as adopted and one certified copy of the budget to the county

auditor of each county in the district.
N.D. Cent. Code § 61-12-02 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-02
61-12-02. Board of flood irrigation - How appointed - Filling vacancies - Office
Status: in_force

61-12-02. Board of flood irrigation - How appointed - Filling vacancies - Office

The board of county commissioners of any organized county in this state, at any meeting of

the board, by a majority vote of all the members, upon its own motion or on the petition of any

person or persons interested, may appoint five property owners whose property lies within a

flood irrigation project as a board of flood irrigation of the county. If the board of county

commissioners appoints a board of flood irrigation it must appoint a board for each flood

irrigation project in the county. One member of the board must be appointed for a term of one

year, one for a term of two years, one for a term of three years, one for a term of four years, and

one for a term of five years. Subsequent appointments must be made for terms of five years. All

persons so appointed hold office until their successors are appointed and qualified. In case of a

vacancy, the board of county commissioners may fill the vacancy for the unexpired term by

appointment. The board of county commissioners shall provide an office for the board of flood

irrigation at the county seat suitable for its use and the keeping of its records and shall provide

suitable record books for its use.
N.D. Cent. Code § 61-04-06.1 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-06.1
61-04-06.1. Preference in granting permits
Status: in_force

61-04-06.1. Preference in granting permits

When there are competing applications for water from the same source, and the source is

insufficient to supply all applicants, the department of water resources shall adhere to the

following order of priority:

1. Domestic use.

2. Municipal or public use.

3. Livestock use.

4. Irrigation use.

5. Industrial use.

6. Fish, wildlife, and other recreational uses.
N.D. Cent. Code § 61-41-04 — ND Code / Title 61 / Chapter 61-41 / Section 61-41-04
61-41-04. Lower Heart River, Morton County, enhanced flood control project
Status: in_force

61-41-04. Lower Heart River, Morton County, enhanced flood control project

The legislative assembly declares its intent to provide state funding for a share of the

nonfederal or local cost for construction of the lower Heart River, Morton County, flood control

project.
N.D. Cent. Code § 61-12-23 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-23
61-12-23. Assessment of benefits subject to review
Status: in_force

61-12-23. Assessment of benefits subject to review

The assessment of benefits provided for in section 61-12-22 also is subject to review in the

manner provided in section 28-34-01.
N.D. Cent. Code § 61-10-37 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-37
61-10-37. Result of election - Order excluding lands
Status: in_force

61-10-37. Result of election - Order excluding lands

If at an election for exclusion of lands from an irrigation district, a majority of the votes cast

are against exclusion, the board shall dismiss the petition and may not proceed in the matter. If

a majority of the votes are in favor of excluding the lands from the district, the board shall issue

its order setting forth the filing of the petition, the action of the board on the petition, and the

result of the election, and shall order the lands excluded from the district. A certified copy of the

order must be filed in the department of water resources and the county auditor of each county

in which the excluded lands lie and must be filed and recorded in the office of the recorder of

each such county.
N.D. Cent. Code § 61-35-18 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-18
61-35-18. Inclusion of property in district - Inclusion of municipality - Merger
Status: in_force

61-35-18. Inclusion of property in district - Inclusion of municipality - Merger

1. Owners of real property outside any district which can be served economically by the

facilities of the district may petition to be attached to the district. The petition must be

filed with the department of water resources, and the department shall proceed in

substantially the same manner as provided by this chapter for filing of and proceeding

on a petition for organization of a district.

2. All or part of an incorporated city may be included in the boundaries of any existing

district or a district being newly organized, provided the governing body of the city by

resolution or ordinance gives its consent.

3. Boards of two or more districts by concurrent action and by approval of the department

of water resources may merge their districts into one. In case of merger, the members

of the boards of the merged districts may serve until the next annual meeting at which

time the district shall comply with the requirements of section 61-35-08 regarding the

number and eligibility of directors, adopt new bylaws, and set the terms of the new

board according to section 61-35-10. The resulting district shall take over all the assets

and legal liabilities of the districts joining in the merger. Obligations of any district

secured by the revenue of the systems operated by the district must continue to be

required, or a sinking fund must be established for that purpose created from revenue

from the system operated over the same area by the resulting district in accordance

with the laws under which the obligations were issued, until all obligations of the old

district have been retired.

4. If there is a conflict between two or more districts concerning which district will serve

an area, the department of water resources, after a public hearing, shall determine

which district can provide services more adequately and economically within the area.
N.D. Cent. Code § 61-04.1-08 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-08
61-04.1-08. Powers and duties of the department
Status: in_force

61-04.1-08. Powers and duties of the department

The department has the following powers and duties:

1. The department shall adopt rules concerning qualifications, procedures, and

conditions for issuance, revocation, suspension, and modification of licenses and

permits; standards and instructions governing weather modification operations,

including monitoring and evaluation, recordkeeping, and reporting, and the department

shall establish procedures and forms for this recordkeeping and reporting. The

department may adopt all other rules necessary to the administration of this chapter.

The provisions of chapter 28-32 apply to this chapter and rules of the department must

be published in the North Dakota Administrative Code.

2. The department may contract with any person to carry out weather modification

operations and, in connection with regulated weather modification operations in a

county or geographical region, shall carry on monitoring and evaluation activities.

3. The department may order any person who is conducting weather modification

operations in violation of this chapter or any rules adopted to implement this chapter,

to cease and desist from those operations and the order is enforceable in any court of

competent jurisdiction within this state.

4. The department may cooperate and contract with any person engaged in activities

similar to the work of the department and may make contracts and agreements to

carry out programs consistent with the purpose and intent of this chapter. The

department may request and accept any grants of funds or services from any person

and expend these funds or use these services to carry out this chapter.

5. The department shall monitor the current state of knowledge regarding the magnitude

and impacts of possible regional and global climatic changes and shall provide

information to other state agencies that may benefit from this knowledge.

6. The department shall administer and enforce the provisions of this chapter and do all

things reasonably necessary to effectuate the purposes of this chapter.

7. The department may plan and study a hail suppression pilot program that would

provide urban and rural hail suppression operations statewide or to any portion of the

state.
N.D. Cent. Code § 61-24-29 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-29
61-24-29. Liability of district for notes and bonds - Taxing power prohibited
Status: in_force

61-24-29. Liability of district for notes and bonds - Taxing power prohibited

Bond anticipation notes, revenue bonds, and refunding bonds issued under this chapter

may not be payable from or charged upon any funds other than the revenue pledged to the

bond's payment and the district's notes and bonds may not be subject to any pecuniary liability.

The holder of any of these notes or bonds may not enforce payment of the notes or bonds

against any tangible real or personal nonrevenue property of the district. Notes and bonds

issued under this chapter do not constitute a charge, lien, or encumbrance upon any tangible

real or personal nonrevenue property of the district, other than the revenues pledged to their

payments. Each note and each bond issued under this chapter must recite in substance that the

note or bond and interest on the note or bond is payable solely from the revenue pledged to the

payment and that the note or bond does not constitute a debt of the state within the meaning of

any constitutional or statutory limitation.
N.D. Cent. Code § 61-02-61 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-61
61-02-61. Resolution or indenture may contain provisions protecting bondholders - Expenses incurred in carrying out indenture
Status: in_force

61-02-61. Resolution or indenture may contain provisions protecting bondholders -

Expenses incurred in carrying out indenture.

Either the resolution providing for the issuance of bonds or the trust indenture may contain

such provisions for protecting and enforcing the rights and remedies of the bondholders as may

be reasonable and proper. No enumeration of particular powers granted may be construed to

impair any general grant of power contained in this chapter. All expenses incurred in carrying

out the provisions of the resolution or trust indenture may be treated as a part of the cost of

maintenance, operation, and repair of the works affected by the resolution or trust indenture.
N.D. Cent. Code § 61-35-36 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-36
61-35-36. Validity of bonds
Status: in_force

61-35-36. Validity of bonds

Revenue bonds or refunding bonds bearing the 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 bonds have

ceased to be officers of the issuing district. The validity of the bonds is not dependent upon or

affected by the validity or regularity of any proceedings relating to the acquisition, purchase,

construction, reconstruction, improvement, betterment, or extension of the project for which the

bonds are issued. The resolution authorizing the bonds may provide that the 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 § 61-08-15 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-15
61-08-15. Officer of irrigation district accepting commission or compensation in regard to bonds - Misdemeanor
Status: repealed

61-08-15. Officer of irrigation district accepting commission or compensation in

regard to bonds - Misdemeanor.

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 61-14-10 — ND Code / Title 61 / Chapter 61-14 / Section 61-14-10
61-14-10. Obstructing works unlawful
Status: in_force

61-14-10. Obstructing works unlawful

Whenever any appropriator of water has the right of way for the storage, diversion, or

carriage of water, it shall be unlawful to place or maintain any obstruction which shall interfere

with the use of the works or prevent convenient access thereto.
N.D. Cent. Code § 61-08-02 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-02
61-08-02. Adopting initial resolutions by board - Date of election - Contents of resolution - Conduct of election
Status: in_force

61-08-02. Adopting initial resolutions by board - Date of election - Contents of

resolution - Conduct of election.

After the adoption of an initial resolution as provided in section 61-08-01, the board, by a

resolution, shall provide for submitting to the electors of the district the question whether the

initial resolution providing for the issuance of bonds shall be approved. The date of such

election shall not be less than twenty days after the adoption of such initial resolution by the

board. The board, in such resolution, shall designate the date of such election, the polling hours,

and polling place thereof. Such election shall be conducted and the returns made and

canvassed as in the case of a regular election of the district.
N.D. Cent. Code § 61-16.1-09 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-09
61-16.1-09. Powers of water resource board
Status: in_force

61-16.1-09. Powers of water resource board

Each water resource board shall have the power and authority to:

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

2. Exercise the power of eminent domain as follows:

a. Except as permitted under subdivision b, the board shall comply with title 32 for

the purpose of acquiring and securing by eminent domain any rights, titles,

interests, estates, or easements necessary or proper to carry out the duties

imposed by this chapter, and particularly to acquire the necessary rights in land

for the construction of dams, flood control projects, and other water conservation,

distribution, and supply works of any nature and to permit the flooding of lands,

and to secure the right of access to such dams and other devices and the right of

public access to any waters impounded thereby.

b. (1) If the interest sought to be acquired is an easement for a right of way for any

project authorized in this chapter for which federal or state funds have been

made available, the district may acquire the right of way by quick take

eminent domain as authorized by section 16 of article I of the Constitution of

North Dakota, after the district attempts to purchase the easement for the

right of way by:

(a) Conducting informal negotiations for not less than sixty days.

(b) If informal negotiations fail, the district shall engage in formal

negotiations by:

[1] Sending the landowner an appraisal and written offer for just

compensation, which includes a specific description of the exact

location of the right of way, by certified mail or commercial

delivery requiring a signed receipt, and receiving the signed

receipt or documentation of constructive notice.

[2] Sending the landowner a written request for a meeting by

certified mail or commercial delivery requiring a signed receipt if

there is no agreement regarding compensation or no response to

the written offer within fifteen days of receipt, and receiving the

signed receipt or documentation of constructive notice.

[3] Sending the landowner a written notice, by certified mail or

commercial delivery requiring a signed receipt, of intent to take

possession of the right of way if there is no agreement regarding

compensation or no response to the written request for a meeting

within thirty days of receipt, and receiving the signed receipt or

documentation of constructive notice.

(2) Any written communication to the landowner must include contact

information for responding to the board and a description of the required

negotiation timeline.

(3) A district may not include or utilize any reference to quick take eminent

domain during negotiations to acquire the necessary easement for a right of

way. If formal negotiation efforts fail, the district shall request approval from

the board of county commissioners of the county in which the right of way is

located to take possession of the right of way by quick take eminent domain.

After receiving the request, the county commissioners shall hold a public

meeting and give the landowner thirty days' notice of the meeting to allow

the landowner to attend. After receiving verification from the district that

there has been no reference or threat of quick take eminent domain by the

district during negotiations, the commissioners shall vote on whether to

approve the taking of the easement for a right of way using quick take

eminent domain. If the county commissioners approve the use of quick take

eminent domain by a majority vote, the district may take immediate

possession of the right of way, but not a blanket easement, if the district files

an affidavit by the chairman of the water resource board which states the

district has fulfilled the required negotiation steps and deposits the amount

of the written offer with the clerk of the district court of the county in which

the right of way is located.

(4) Within thirty days after notice has been given in writing to the landowner by

the clerk of the district court that a deposit has been made for the taking of a

right of way as authorized in this subsection, the owner of the property taken

may appeal to the district court by serving a notice of appeal upon the

acquiring agency, and the matter must be tried at the next regular or special

term of court with a jury unless a jury be waived, in the manner prescribed

for trials under chapter 32-15.

(5) If ownership of a right of way has not terminated, ownership of a right of way

acquired under this subdivision terminates automatically when the district no

longer needs the right of way for the purpose for which it was acquired.

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

state, and other public or private sources for the purposes of aiding the construction or

maintenance of water conservation, distribution, and flood control projects; and

cooperate and contract with the state or federal government, or any department or

agency thereof, or any municipality within the district, in furnishing assurances and

meeting local cooperation requirements of any project involving control, conservation,

distribution, and use of water.

4. Procure the services of engineers and other technical experts, and employ an attorney

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

5. Plan, locate, relocate, construct, reconstruct, modify, maintain, repair, and control all

dams and water conservation and management devices of every nature and water

channels, and to control and regulate the same and all reservoirs, artificial lakes, and

other water storage devices within the district.

6. Maintain and control the water levels and the flow of water in the bodies of water and

streams involved in water conservation and flood control projects within the district and

regulate streams, channels, drains, or watercourses and the flow of water in them by

changing, widening, deepening, straightening, or otherwise improving them; or by

cleaning out and repairing a drain.

7. Regulate and control water for the prevention of floods and flood damages by

deepening, widening, straightening, or diking the channels or floodplains of any stream

or watercourse within the district, and construct reservoirs or other structures to

impound and regulate such waters.

8. Make rules and regulations concerning the management, control, regulation, and

conservation of waters and prevent the pollution, contamination, or other misuse of the

water resources, streams, or bodies of water included within the district.

9. Do all things reasonably necessary and proper to preserve the benefits to be derived

from the conservation, control, and regulation of the water resources of this state.

10. Construct, operate, and maintain recreational facilities, including beaches, swimming

areas, boat docking and landing facilities, toilets, wells, picnic tables, trash

receptacles, and parking areas, and to establish and enforce rules and regulations for

the use thereof.

11. Have, in addition to any powers provided in this chapter, the authority to construct an

assessment drain in accordance with the requirements of this chapter.

12. Acquire by lease, purchase, gift, condemnation, or other lawful means and to hold in

its corporate name for its use and control both real and personal property and

easements and rights of way within or without the limits of the district for all purposes

authorized by law or necessary to the exercise of any other stated power.

13. Convey, sell, dispose of, or lease personal and real property of the district as provided

by this chapter.

14. Authorize and issue warrants to finance construction of water conservation and flood

control projects, assess benefited property for part or all of the cost of such projects,

and require appropriations and tax levies to maintain sinking funds for construction

warrants on a cash basis at all times.

15. Borrow money within the limitations imposed by this chapter for projects herein

authorized and pledge security for the repayment of such loans.

16. Order or initiate appropriate legal action to compel the entity responsible for the

maintenance and repair of any bridge or culvert to remove from under, within, and

around such bridge or culvert all dirt, rocks, weeds, brush, shrubbery, other debris, and

any artificial block which hinders or decreases the flow of water through such bridge or

culvert.

17. Order or initiate appropriate legal action to compel the cessation of the destruction of

native woodland bordering within two hundred feet [60.96 meters] of that portion of a

riverbank subject to overflow flooding that will cause extensive property damage, or in

the alternative, order, that, if such destruction is permitted, the party or parties

responsible for the destruction must, when the board has determined that such

destruction will cause excessive property damage from overflow flooding due to the

erosion or blocking of the river channel, plant a shelterbelt which meets the

specifications of the board. In the event the native woodland within such area has

already been destroyed, the board may, in its discretion, order the planting of a

shelterbelt which, in the judgment of the board, will curtail the erosion or blocking of

such river channel where overflow flooding has caused extensive property damage.

For purposes of this subsection, the words "riverbank" and "river channel" relate to

rivers as defined in the United States geological survey base map of North Dakota,

edition of 1963. The provisions of this subsection shall not be construed to limit, impair,

or abrogate the rights, powers, duties, or functions of any federal, state, or local entity

to construct and maintain any flood control, irrigation, recreational, or municipal or

industrial water supply project.

18. Petition any zoning authority established pursuant to chapter 11-33, 11-35, or 40-47 or

section 58-03-13 to assume jurisdiction over a floodplain for zoning purposes when

such zoning is required to regulate and enforce the placement, erection, construction,

reconstruction, repair, and use of buildings and structures to protect and promote the

health, safety, and general welfare of the public within a floodplain area. In the event

such zoning authority fails to act or does not exist, the board may request the state

water commission to assist it in a study to determine and delineate the floodplain area.

Upon completion of such study, the board shall make suitable recommendations for

the establishment of a floodplain zone to all zoning authorities and the governing

bodies of all political subdivisions having jurisdiction within the floodplain area.

19. Plan, locate, relocate, construct, reconstruct, modify, extend, improve, operate,

maintain, and repair sanitary and storm sewer systems, or combinations thereof,

including sewage and water treatment plants, and regulate the quantity of sewage

effluent discharged from municipal lagoons; and contract with the United States

government, or any department or agency thereof, or any private or public corporation

or limited liability company, the government of this state, or any department, agency, or

political subdivision thereof, or any municipality or person with respect to any such

systems.

20. Develop water supply systems, store and transport water, and provide, contract for,

and furnish water service for domestic, municipal, and rural water purposes, irrigation,

milling, manufacturing, mining, metallurgical, and any and all other beneficial uses,

and fix the terms and rates therefor. Each district may acquire, construct, operate, and

maintain dams, reservoirs, ground water storage areas, canals, conduits, pipelines,

tunnels, and any and all works, facilities, improvements, and property necessary

therefor.

21. Coordinate proposals for installation, modification, or construction of culverts and

bridges in an effort to achieve appropriate sizing and maximum consistency of road

openings. The department of transportation, railroads, counties, and townships shall

cooperate with the districts in this effort. Each district shall also consider the possibility

of incorporating appropriate water control structures, where appropriate, as a part of

such road openings.

22. Plug abandoned water wells and participate in cost-sharing arrangements with water

well owners to plug water wells to protect aquifers from pollution or depletion, maintain

pressure, and prevent damage to surrounding property.

23. Have, in addition to any powers provided in this chapter, the authority to conduct

weather modification operations in accordance with the procedures and provisions of

24. Establish, deepen, widen, and improve drains; and extend drains as necessary to

provide a suitable outlet or reasonably drain lands within a practical drainage area.

25. Install artificial subsurface drainage systems.
N.D. Cent. Code § 61-33-02 — ND Code / Title 61 / Chapter 61-33 / Section 61-33-02
61-33-02. Administration of sovereign lands
Status: in_force

61-33-02. Administration of sovereign lands

All sovereign lands of the state must be administered by the department of water resources

and the board of university and school lands subject to the provisions of this chapter. Lands

managed pursuant to this chapter are not subject to leasing provisions found elsewhere in this

code.
N.D. Cent. Code § 61-14-15 — ND Code / Title 61 / Chapter 61-14 / Section 61-14-15
61-14-15. Unauthorized diversion of water from irrigation ditches
Status: in_force

61-14-15. Unauthorized diversion of water from irrigation ditches

It is unlawful for any person to divert any of the water from any irrigation works in this state

without first having obtained the permission of the owner of the works or of the person or

persons lawfully in charge thereof.
N.D. Cent. Code § 61-02-37 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-37
61-02-37. Headgates and measuring devices maintained by appropriators of natural streams - Commission adopting rules preventing diversion of water
Status: in_force

61-02-37. Headgates and measuring devices maintained by appropriators of natural

streams - Commission adopting rules preventing diversion of water.

All appropriators of the natural flow of natural streams shall maintain headgates and

measuring devices at their respective points of diversion for the purpose of enabling the

commission or its authorized agents to determine the amount of water being diverted at any

time. The commission may adopt and exercise any method or act to prevent the diversion of

any waters under its control without permission first obtained.
N.D. Cent. Code § 61-35-07 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-07
61-35-07. Findings - Order
Status: in_force

61-35-07. Findings - Order

After the hearing, the department of water resources may strike off any part of the territory

that testimony shows will not be benefited by the creation of the district. If the department does

not find that the district is reasonably necessary, the department shall dismiss the petition. If the

department finds the required notice of the hearing has been given and the proposed district is

reasonably necessary for the public health, convenience, and comfort of the residents, the

department shall make an order establishing the district as a political subdivision, designating its

boundary, and identifying it by name or number. The order must be published in the same

newspaper or newspapers that published the notice of hearing. The applicant shall pay all costs

of the publication of the order. The department shall prepare and preserve a complete record of

the hearing on the petition and the department's findings and action.
N.D. Cent. Code § 61-32-10 — ND Code / Title 61 / Chapter 61-32 / Section 61-32-10
61-32-10. Exemption
Status: in_force

61-32-10. Exemption

The wetland replacement requirements of sections 61-32-01 through 61-32-11 do not apply

to surface coal mining operations until reclamation of the wetland area begins pursuant to
N.D. Cent. Code § 61-03-09 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-09
61-03-09. State engineer's duties in construction of bridges and culverts
Status: repealed

61-03-09. State engineer's duties in construction of bridges and culverts

Repealed by S.L. 1989, ch. 747, § 1.
N.D. Cent. Code § 61-16.1-54 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-54
61-16.1-54. Appeal from decision of water resource board - Undertaking - Jurisdiction
Status: in_force

61-16.1-54. Appeal from decision of water resource board - Undertaking -

Jurisdiction.

An aggrieved person may appeal an order or decision of a water resource board to the

district court of the county in which the land claimed to be affected adversely by the order or

decision is located. An appellant shall file an undertaking in the sum of two hundred dollars with

any sureties required by the clerk of the district court to which the appeal is taken. The

undertaking must be conditioned on the appellant prosecuting the appeal without delay and

paying all costs adjudged against the appellant in the district court. The undertaking must be in

favor of the water resource board as obligee, and may be sued on in the name of the obligee.

An appeal under this section is governed by the procedure provided in section 28-34-01.
N.D. Cent. Code § 61-02-70 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-70
61-02-70. Expenses paid from administrative fund
Status: repealed

61-02-70. Expenses paid from administrative fund

Repealed by S.L. 1965, ch. 447, § 24.
N.D. Cent. Code § 61-02-68.4 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.4
61-02-68.4. Interim financing - Independent review of feasibility of project
Status: in_force

61-02-68.4. Interim financing - Independent review of feasibility of project

Before issuing any interim financing notes pursuant to section 61-02-68.1, the commission

shall conduct a review of the feasibility of the project or works to ensure that projected water

consumption, operating costs, construction costs, revenues, and other statistics are reliable and

that the project will be able to pay its expenses. The commission shall state the findings of its

review in a motion entered in the minutes of its proceedings.
N.D. Cent. Code § 61-24.6-10 — ND Code / Title 61 / Chapter 61-24.6 / Section 61-24.6-10
61-24.6-10. Areas served by the northwest area water supply project
Status: in_force

61-24.6-10. Areas served by the northwest area water supply project

The commission may provide, as part of the northwest area water supply project, delivery,

distribution, and treatment of water from the Missouri River or other sources, to areas in

Bottineau, Burke, McHenry, McLean, Pierce, Renville, and Ward Counties. The facilities for

delivery of water may be from a pipeline transmission and delivery system or through other

works, as determined by the commission.
N.D. Cent. Code § 61-03-07 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-07
61-03-07. Investigations and reports for board of university and school lands
Status: repealed

61-03-07. Investigations and reports for board of university and school lands

Repealed by S.L. 1989, ch. 747, § 1.
N.D. Cent. Code § 61-34-02 — ND Code / Title 61 / Chapter 61-34 / Section 61-34-02
61-34-02. Drought disaster livestock water assistance program - Administration
Status: in_force

61-34-02. Drought disaster livestock water assistance program - Administration

The commission shall administer the program for the purpose of providing relief for livestock

water supply problems caused by drought.
N.D. Cent. Code § 61-12-12 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-12
61-12-12. Time for hearing fixed - Notice
Status: in_force

61-12-12. Time for hearing fixed - Notice

Upon the filing of the engineer's report, the board of flood irrigation shall fix a date and

public place for hearing objections to the petition, and the place of such hearing shall be some

point in the vicinity of the proposed improvement, convenient and accessible for the majority of

the landowners affected. At least ten days' notice of such hearing shall be given by publishing

such notice once each week for two successive weeks in the official newspaper in each county

in which the proposed project, or any part thereof, is located, if any is published therein, and if

none is printed in the county then in the official newspaper printed in an adjoining county in the

state. The hearing shall be held at least ten days after the last publication.
N.D. Cent. Code § 61-35-76 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-76
61-35-76. Payments in full of assessments - Payments to county treasurer or district treasurer - Receipts
Status: in_force

61-35-76. Payments in full of assessments - Payments to county treasurer or district

treasurer - Receipts.

The owner of any property against which an assessment has been made under this title for

the cost of any improvement may pay in full or in part the amount remaining unpaid and the

unpaid accumulated interest. The payment in full discharges the lien of the assessment upon

that property. The payment may be made to the county treasurer upon all installments of the

assessments which have been certified to the county auditor, and may be made to the district

treasurer upon all portions of the assessment which have not been certified. Any person

desiring to pay any portion of the assessment to the district treasurer shall obtain from the

district treasurer a certificate of the amount due upon the assessment which has not been

certified to the county auditor and shall present the certificate to the district treasurer. The

district treasurer shall receive and collect that amount and issue a receipt to the person paying

the assessment. The district treasurer shall note upon the treasurer's records the payment of

the assessment.
N.D. Cent. Code § 61-33.1-01 — ND Code / Title 61 / Chapter 61-33.1 / Section 61-33.1-01
61-33.1-01. Definitions (Retroactive application - See note)
Status: in_force

61-33.1-01. Definitions. (Retroactive application - See note)

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

1. "Corps survey" means the last known survey conducted by the army corps of

engineers in connection with the corps' determination of the amount of land acquired

by the corps for the impoundment of Lake Sakakawea and Lake Oahe, as

supplemented by the supplemental plats created by the branch of cadastral survey of

the United States bureau of land management.

2. "Historical Missouri riverbed channel" means the Missouri riverbed channel as it

existed upon the closure of the Pick-Sloan Missouri basin project dams, and extends

from the Garrison Dam to the southern border of sections 33 and 34, township 153

north, range 102 west which is the approximate location of river mile marker 1,565,

and from the South Dakota border to river mile marker 1,303.

3. "Segment" means the individual segment maps contained within the corps survey final

project maps for the Pick-Sloan project dams.

4. "State phase two survey" means the "Ordinary High Water Mark Survey Task Order #2

Final Technical Report" commissioned by the board of university and school lands.
N.D. Cent. Code § 61-13-03 — ND Code / Title 61 / Chapter 61-13 / Section 61-13-03
61-13-03. Articles of incorporation or bylaws may restrict sales to stockholders - When stock to become appurtenant to land - Sale of water to others
Status: in_force

61-13-03. Articles of incorporation or bylaws may restrict sales to stockholders -

When stock to become appurtenant to land - Sale of water to others.

Any corporation organized for irrigation purposes may provide in its articles of incorporation

or bylaws that water shall be sold, distributed, supplied, or delivered only to owners of its shares

of stock and that such shares shall be appurtenant to the lands described in the certificate

issued and evidencing such shares of stock. When such certificate and a copy of such articles

of incorporation or bylaws are recorded in the office of the recorder of the county in which such

lands are situated, such shares of stock shall become appurtenant to said lands and shall be

transferred only with the sale or transfer of such lands, except in the event of sale or forfeiture of

such shares of stock for delinquent assessments thereon as provided in section 61-13-04.

Notwithstanding such provision in its articles of incorporation or bylaws, any corporation

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

department or agency thereof, and to the United States, or any department or agency thereof, at

the same rates as to holders of shares of such corporation. In the event lands to which any such

stock is appurtenant are acquired by this state, the United States, or any department or agency

thereof, such stock shall be canceled by the corporation, but shall be reissued to any persons

subsequently acquiring title to such land.
N.D. Cent. Code § 61-37-18 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-18
61-37-18. Protection of service during term of guarantee or loan
Status: in_force

61-37-18. Protection of service during term of guarantee or loan

1. The service provided or made available by an irrigation district through the

construction or acquisition of an improvement, or the improvement revenues, financed

in whole or in part with a guarantee or loan to the irrigation district from the program or

any other state agency or enterprise, may not be curtailed or limited by inclusion of all

or any part of the area served by the irrigation district within the boundaries of any

other irrigation district, or by the granting of any private franchise for similar service

within the area served by the irrigation district during the term of the guarantee or loan.

The irrigation district providing the service may not be required to obtain or secure any

franchise, license, or permit, as a condition of continuing to serve the area if it is

included within the boundaries of another irrigation district during the term of the

guarantee or loan.

2. Under the circumstances described in subsection 1, nothing prevents the two irrigation

districts and the program or other state agency or enterprise from negotiating an

agreement for the right or obligation to provide the service in question, provided that

any agreement is invalid and unenforceable unless the program or other state agency

or enterprise is a party to the agreement and unless the agreement contains adequate

safeguards to ensure the security and timely payment of any outstanding bonds of the

program issued to fund the loan.
N.D. Cent. Code § 61-11-12 — ND Code / Title 61 / Chapter 61-11 / Section 61-11-12
61-11-12. Liquidation of district indebtedness
Status: in_force

61-11-12. Liquidation of district indebtedness

After the sale of the property and franchises of an irrigation district, the board, with the

moneys realized from such sale together with such other funds as such district may have, shall

make settlement, payment, and redemption of all outstanding bonded or other indebtedness of

the district, but in no case shall such board pay more than the par value of outstanding bonds or

warrants, as the case may be, with interest up to the time of payment. If the amount realized

from the sale of such district property, together with other moneys of the district, shall be

insufficient for the payment of all the indebtedness of the district, such district shall not be

dissolved or discontinued until such indebtedness is fully paid, and assessments shall continue

to be made against the lands in the district in the manner provided by law for the levy of

assessments to pay bonds and other indebtedness of irrigation districts until a sufficient amount

is raised to pay in full all obligations of such district.
N.D. Cent. Code § 61-16.1-40.1 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-40.1
61-16.1-40.1. Maintenance of federally constructed projects - Assessment district established
Status: in_force

61-16.1-40.1. Maintenance of federally constructed projects - Assessment district

established.

With regard to projects constructed by a federal agency, including the soil conservation

service or natural resources conservation service, the water resource board may finance in

whole or in part the maintenance of the project with funds raised through the collection of a

special assessment levied against the land and premises benefited by maintenance of the

project. The assessments to be levied may not exceed four dollars per acre [.40 hectare]

annually on agricultural lands and may not exceed two dollars annually for each five hundred

dollars of taxable valuation of nonagricultural property. No action is required for the

establishment of the assessment district or the assessments except the water resource board

must approve the maintenance and assessment therefor by a vote of two-thirds of the members

and the board of county commissioners of the county in which the project is located must

approve and levy the assessments to be made by a vote of two-thirds of its members. If a board

that undertakes a project finds that the project may benefit lands in this state outside water

resource district boundaries, the board shall provide notice to the water resource board where

the benefited lands are located. The board of each water resource district containing lands

benefited by a project must approve the project and assessment by vote of two-thirds of its

members. The board of county commissioners in each county that contains lands benefited by a

project must approve and levy the assessment to be made by vote of two-thirds of its members.

If a project and assessment is not approved by all affected water resource boards and boards of

county commissioners, the board of each water resource district and the board of county

commissioners of each county shall meet to ensure that all common water management

problems are jointly addressed. In addition, the water resource board that undertakes the

project may proceed with the project if the board finances the cost of the project and does not

assess land outside of the district. Before an assessment may be levied under this section, a

public hearing must be held. The hearing must be preceded by notice as to date, time, location,

and subject matter published in the official newspaper in the county or counties in which the

proposed assessment is to be levied. The notice must be published at least ten days but not

more than thirty days before the public hearing.
N.D. Cent. Code § 61-33.1-03 — ND Code / Title 61 / Chapter 61-33.1 / Section 61-33.1-03
61-33.1-03. Determination of the ordinary high water mark of the historical Missouri riverbed channel (Retroactive application - See note)
Status: in_force

61-33.1-03. Determination of the ordinary high water mark of the historical Missouri

riverbed channel. (Retroactive application - See note)

1. The corps survey must be considered the presumptive determination of the ordinary

high water mark of the historical Missouri riverbed channel, subject only to the review

process under this section and judicial review as provided in this chapter.

2. Effective April 21, 2017, the department of mineral resources shall commence

procurement to select a qualified engineering and surveying firm to conduct a review

of the corps survey under this section. The review must be limited to the corps survey

segments from the northern boundary of the Fort Berthold Indian reservation to the

southern border of sections 33 and 34, township 153 north, range 102 west. Within

ninety days of the first date of publication of the invitation, the department shall select

and approve a firm for the review. The department may not select or approve a firm

that has a conflict of interest in the outcome of the review, including any firm that has

participated in a survey of the Missouri riverbed for the state or a state agency, or

participated as a party or expert witness in any litigation regarding an assertion by the

state of mineral ownership of the Missouri riverbed.

3. The selected and approved firm shall review the delineation of the ordinary high water

mark of the corps survey segments. The review must determine whether clear and

convincing evidence establishes that a portion of the corps survey does not

reasonably reflect the ordinary high water mark of the historical Missouri riverbed

channel under state law. The following parameters, historical data, materials, and

applicable state laws must be considered in the review:

a. Aerial photography of the historical Missouri riverbed channel existing before the

closure date of the Pick-Sloan project dams;

b. The historical records of the army corps of engineers pertaining to the corps

survey;

c. Army corps of engineers and United States geological survey elevation and

Missouri River flow data;

d. State case law regarding the identification of the point at which the presence of

action of the water is so continuous as to destroy the value of the land for

agricultural purposes, including hay lands. Land where the high and continuous

presence of water has destroyed its value for agricultural purposes, including hay

land, generally must be considered within the ordinary high water mark. The

value for agricultural purposes is destroyed at the level where significant, major,

and substantial terrestrial vegetation ends or ceases to grow. Lands having

agricultural value capable of growing crops or hay, but not merely intermittent

grazing or location of cattle, generally must be considered above the ordinary

high water mark; and

e. Section 61-33-01 and section 47-06-05, which provide all accretions are

presumed to be above the ordinary high water mark and are not sovereign lands.

Accreted lands may be determined to be within the ordinary high water mark of

the historical Missouri riverbed channel based on clear and convincing evidence.

Areas of low-lying and flat lands where the ordinary high water mark may be

impracticable to determine due to inconclusive aerial photography or inconclusive

vegetation analysis must be presumed to be above the ordinary high water mark

and owned by the riparian landowner.

4. The firm shall complete the review within six months of entering a contract with the

department of mineral resources. The department may extend the time required to

complete the review if the department deems an extension necessary.

5. Upon completion of the review, the firm shall provide its findings to the department.

The findings must address each segment of the corps survey the firm reviewed and

must include a recommendation to either maintain or adjust, modify, or correct the

corps survey as the delineation of the ordinary high water mark for each segment. The

firm may recommend an adjustment, modification, or correction to a segment of the

corps survey only if clear and convincing evidence establishes the corps survey for

that segment does not reasonably reflect the ordinary high water mark of the historical

Missouri riverbed channel under state law.

6. The department shall publish notice of the review findings and a public hearing to be

held on the findings. The public must have sixty days after publication of the notice to

submit comments to the department. At the end of the sixty days, the department shall

hold the public hearing on the review.

7. After the public hearing, the department, in consultation with the firm, shall consider all

public comments, develop a final recommendation on each of the review findings, and

deliver the final recommendations to the industrial commission, which may adopt or

modify the recommendations. The industrial commission may modify a

recommendation from the department only if it finds clear and convincing evidence

from the resources in subsection 3 that the recommendation is substantially

inaccurate. The industrial commission's action on each finding will determine the

delineation of the ordinary high water mark for the segment of the river addressed by

the finding.

8. Upon adoption of the final review findings by the industrial commission, the board of

university and school lands may contract with a qualified engineering and surveying

firm to analyze the final review findings and determine the acreage on a quarter-

quarter basis or government lot basis above and below the ordinary high water mark

as delineated by the final review findings of the industrial commission. The acreage

determination is final upon approval by the board.
N.D. Cent. Code § 61-16-18 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-18
61-16-18. When dams constructed by federal agency under control of water management district
Status: repealed

61-16-18. When dams constructed by federal agency under control of water

management district.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-24-04 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-04
61-24-04. Compensation of directors
Status: in_force

61-24-04. Compensation of directors

Each member of the board of directors of the district is entitled to receive as compensation

from the district an amount determined by the board of directors not to exceed the amount

provided for members of the legislative management under section 54-35-10 per day and must

be reimbursed for the member's expenses in the amounts provided in sections 44-08-04 and

54-06-09 while attending meetings of the board or otherwise engaged in the official business of

the district.
N.D. Cent. Code § 61-14-08 — ND Code / Title 61 / Chapter 61-14 / Section 61-14-08
61-14-08. Unlawful use of water and waste - Penalty
Status: in_force

61-14-08. Unlawful use of water and waste - Penalty

The unauthorized use of water to which another person is entitled, or the willful waste of

water to the detriment of another, shall be unlawful. It also shall be unlawful to begin or carry on

any construction of works for storing or carrying water until after the issuance of a permit to

appropriate such waters. The penalty for any violation of this section is a class A misdemeanor.
N.D. Cent. Code § 61-08-33 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-33
61-08-33. District treasurer to keep warrant register - Contents - How warrants payable
Status: repealed

61-08-33. District treasurer to keep warrant register - Contents - How warrants

payable.

Repealed by S.L. 1997, ch. 518, § 24.
N.D. Cent. Code § 61-09-01 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-01
61-09-01. District assessor to examine tracts of land to fix annual assessments levied thereon
Status: in_force

61-09-01. District assessor to examine tracts of land to fix annual assessments levied

thereon.

Between the first Monday in March and the first Monday in June of each year, the district

assessor shall examine each tract of land or legal subdivision of land in the district, including

entered and unentered public lands of the United States, subject to entry under any act of

Congress, and all other lands publicly or privately owned. In determining irrigation or drainage

benefits, the district assessor shall first ascertain the number of irrigable or drained acres

[hectares] within each tract or subdivision, as determined by the board of directors, and this

must form the primary basis for determining the benefits accruing due to construction,

acquisition, or operation of irrigation or drainage works. In addition, the district assessor shall

include such factors as methods of irrigation, power consumption, water conservation, and

whether or not irrigable acres [hectares] are actually being irrigated. The amount of benefits

apportioned or distributed to each tract of land as determined and equalized must be the basis

for fixing the annual assessments levied during that year against the tracts or subdivisions in

carrying out the provisions of this chapter.
N.D. Cent. Code § 61-24-18 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-18
61-24-18. State and political subdivisions contracting with the bureau of reclamation - Roads
Status: in_force

61-24-18. State and political subdivisions contracting with the bureau of reclamation -

Roads.

In connection with the construction and development of the Garrison diversion unit of the

Missouri River basin project, the highway authorities of the state, or any county or organized

township or municipality, are authorized to enter into agreements with each other or with the

federal government, respecting the financing, planning, establishment, relocation, improvement,

maintenance, use, regulation, vacation, or abandonment of public ways in their respective

jurisdictions. Where any such contracts require the relocation, vacation, or abandonment of

particular public ways, the contracting state agency, county, organized township, or municipality

shall be vested with and authorized to exercise the powers of the state in the relocation,

vacation, or abandonment of existing public ways.
N.D. Cent. Code § 61-10-34 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-34
61-10-34. Board may grant or deny petition for exclusion of lands
Status: in_force

61-10-34. Board may grant or deny petition for exclusion of lands

If after the hearing and after considering objections, if any, to exclusion of the lands or parts

thereof mentioned in the petition, the board deems it not for the best interests of the district to

exclude the lands mentioned in the petition or any part thereof, it shall deny the petition. If,

however, the board shall deem it for the best interests of the district to exclude such lands, or

any part thereof, from the district, it shall grant the petition and by resolution direct the chairman

and secretary of the board to issue an order excluding such lands from the district, unless the

district has outstanding bonds or improvement warrants or unless a contract obligating the

district has been entered into with the United States or any department or agency thereof or with

the state or any department or political subdivision thereof.
N.D. Cent. Code § 61-16.1-12.1 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-12.1
61-16.1-12.1. Water resource boards - Agreements with state or federal agencies for certain improvements
Status: in_force

61-16.1-12.1. Water resource boards - Agreements with state or federal agencies for

certain improvements.

A water resource board may enter an agreement with any federal or state agency, or any

combination thereof, for the construction of a project, under the terms of which the contract for

the work is to be let by the federal or state agency or any combination thereof. If under the

terms of the agreement at least fifty percent of the total cost of constructing the project is to be

paid by the agency or agencies and if any portion of the cost of the project is to be paid by the

levy of special assessments, the board may by resolution create a project assessment district

for the purpose of levying special assessments to finance the amount the district will be

obligated to pay in accordance with the agreement, over and above any other funds that are on

hand and properly available for that purpose. The assessment district must be of a size and

form as to include all properties that in the judgment of the board, after consultation with a

registered engineer designated by the board for that purpose, will be benefited by the

construction of the proposed project, and the board shall direct the engineer to prepare a map

showing the boundaries of the proposed assessment district. The board shall by resolution

declare the necessity of the project, set forth the general nature and purpose of the proposed

project, estimate the total cost of the project, and the approximate amount or fraction of the cost

that the district will be obligated to pay under the agreement, and the fact that this amount, or a

lesser amount as the board may specify, is proposed to be paid by the levy of special

assessments upon property within the assessment district determined to be benefited by the

project. The board shall cause the resolution of necessity together with a copy of the map

showing the boundaries of the assessment district and a notice stating the date and time by

which the owners of any property liable to be specially assessed for the proposed project must

file their votes on the proposed project with the secretary of the board to be mailed to each

landowner affected by the proposed project as determined by the tax rolls of the county in which

the affected property is located. The board may send the material by certified mail or by regular

mail attested by an affidavit of mailing signed by the attorney or secretary of the board. The

notice also must set forth the time and place where the board shall meet to determine whether

the project is approved. The notice must also be published once in a newspaper of general

circulation in the district and once in the official county newspaper of each county in which the

benefited lands are located. Within five days after the first mailing of the resolution the board

shall cause a copy of the resolution to be personally served upon any county, city, township,

school district, park district, or other political subdivision, in its corporate capacity which may be

benefited directly or indirectly from the construction of the proposed project and upon any

county which may become liable for any deficiency in the fund to be created for the project, by

delivering a copy of the resolution to any member of the governing body thereof. The meeting

must be held not less than thirty days after the mailing of the resolution, at which time the board

shall determine whether the project is approved. If the board finds that fifty percent or more of

the total votes filed are against a proposed project, then the board may not proceed further with

the proposed project. If the board finds that less than fifty percent of votes filed are against the

proposed project, the board may proceed with the project. In any assessment district created

under this section the board may dispense with all other requirements of this chapter, other than

those stated in this section. After the contract for the work has been let, the board may issue

warrants on the fund of the project for the total amount of the cost thereof, and the board,

without holding the hearing required by section 61-16.1-18, shall proceed to determine and levy

any assessments against property benefited by the project and prepare an assessment list in

accordance with the procedures required by sections 61-16.1-21 through 61-16.1-24. Sections

61-16.1-25 through 61-16.1-36 apply to the assessments and the special warrants issued

pursuant to this section.
N.D. Cent. Code § 61-35-14 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-14
61-35-14. Financing project through improvement bonds or special assessments - Apportionment of benefits
Status: in_force

61-35-14. Financing project through improvement bonds or special assessments -

Apportionment of benefits.

A board may acquire needed interest in property and provide for the cost of construction,

alteration, repair, operation, and maintenance of a project with funds raised by special

assessments. A board may issue improvement bonds in anticipation of the levy and collection of

special assessments. If a board decides to acquire property or interests in property to construct,

operate, alter, repair, or maintain a project with funds raised in whole or in part through special

assessments, the assessments must be apportioned to and spread in proportion to benefits

accruing to lands or premises benefited by the project. The board shall assess the proportion of

the cost of the project, or the part of the cost to be financed with funds raised through levy and

collection of special assessments which any lot, piece, or parcel of land bears in proportion to

the benefits accruing to the property and any county, city, or township that is benefited.
N.D. Cent. Code § 61-08-27 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-27
61-08-27. District treasurer to remit moneys to county treasurer - Crediting proper fund
Status: in_force

61-08-27. District treasurer to remit moneys to county treasurer - Crediting proper

fund.

The district treasurer shall remit to the county treasurer all moneys received by the treasurer

in payment of assessments levied for sinking funds or for the payment of bonds. The district

treasurer also shall remit to the county treasurer moneys raised from water rentals or water

charges, when directed to do so by the board, and the district treasurer shall designate the fund

or funds to which the moneys belong, except that all moneys, from whatever source derived,

obligated under the terms of any contract, or agreement made and entered into by the district, to

meet payments as they become due, shall be paid and remitted to the county treasurer and

shall be credited by the county treasurer to the proper fund.
N.D. Cent. Code § 61-01-18 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-18
61-01-18. State or municipalities may join water users' associations - Fee for recording articles by recorder
Status: repealed

61-01-18. State or municipalities may join water users' associations - Fee for

recording articles by recorder.

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 61-16.1-50.1 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-50.1
61-16.1-50.1. Procedure to construct or extend an assessment drain through or into two or more counties
Status: in_force

61-16.1-50.1. Procedure to construct or extend an assessment drain through or into

two or more counties.

To construct or extend an assessment drain in two or more counties, a petition must be

presented to the several water resource boards for the area in which the drain will lie for the

establishment of the drain under this chapter. The boards shall hold a joint meeting and shall

determine the necessity or expediency of the establishment of the drain. To proceed with the

drain, the boards shall agree upon the proportion of damages and benefits to accrue to the

lands affected in each county, and for this purpose the boards shall consider the entire course of

the drain through all the counties as one drain. If the boards fail to agree upon the benefits to

accrue to the lands in each county, the boards shall submit the points in controversy to the

department of water resources, and the department's decision is final. The boards may

apportion the cost of establishing and constructing the entire drain ratably and equitably upon

the lands in each county in proportion to the benefits to accrue to the county's lands. When the

boards have apportioned the costs, the boards shall make written reports of the apportionment

to the auditors of the several counties affected. The reports must show the portion of cost of the

entire drain to be paid by taxes upon the lands in each of the counties and must be signed by

the boards of all counties affected. Upon the filing of the reports, the several boards shall meet

and assess against the lands in each of the counties, ratably and equitably as provided by this

chapter, an amount sufficient to pay the proportion of the cost of the drain in each county. The

provisions of this chapter relating to drains within a single county govern the establishment,

construction, maintenance, repair, and cleanout of the drains.
N.D. Cent. Code § 61-35-33 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-33
61-35-33. Provisions governing bonds
Status: in_force

61-35-33. Provisions governing bonds

The resolution authorizing the issuance of revenue bonds or refunding bonds under this

chapter or resolutions adopted after the adoption of the original resolution must prescribe:

1. The rate or rates of interest, payable semiannually.

2. Whether the bonds will be in one or more series.

3. The date or dates the bonds will bear.

4. The time or times, not exceeding forty years from their respective dates, when the

bonds will mature.

5. The medium in which the bonds will be payable.

6. The place or places where the bonds will be payable.

7. Whether or not the bonds will carry registration privileges and what those privileges, if

any, will be.

8. The terms of redemption, if any, to which the bonds will be subject.

9. The manner in which the bonds will be executed.

10. The terms, covenants, and conditions that the bonds will contain.

11. The form in which the bonds will be issued.
N.D. Cent. Code § 61-35-91 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-91
61-35-91. Conditions of bidder's bond
Status: in_force

61-35-91. Conditions of bidder's bond

A bidder's bond must be made payable to the district and conditioned that if the principal's

bid is accepted and the contract for the work of improvement awarded to the bidder, the bidder,

within ten days after the acceptance of the bid, or within such further time as the board grants,

will enter into and execute a contract bond in a sum equal to the amount of the bid, and a

contract in writing to and with the district well and faithfully to perform and complete the work for

which the bid was accepted, in accordance with the plans and specifications and the terms of

the bid and within the time required by the terms of the contract, and that the bidder will pay for

all the labor and materials used in such work. The bond must be for the benefit of the district.
N.D. Cent. Code § 61-04.1-07 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-07
61-04.1-07. Board officers - Compensation
Status: repealed

61-04.1-07. Board officers - Compensation

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 61-35-23 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-23
61-35-23. Disposition of assets
Status: in_force

61-35-23. Disposition of assets

If a district is dissolved, the department of water resources shall provide for the disposition

of any property owned by the district and for the apportionment of the proceeds and any other

moneys belonging to the district to an adjoining district. If there is no adjoining district, the

department shall apportion and dispose of the property and proceeds to the general fund of

each county in the district in proportion to the county's area in the district. Any pledge or lien

given with respect to any outstanding bonds of the district remains and any property so

encumbered must be handled in conformity with the bond resolution or trust indenture. Money,

property, or the proceeds from property may not be distributed to any private interests.
N.D. Cent. Code § 61-20-04 — ND Code / Title 61 / Chapter 61-20 / Section 61-20-04
61-20-04. Artesian or flowing wells - Penalty for certain actions
Status: in_force

61-20-04. Artesian or flowing wells - Penalty for certain actions

The owner or person in control of an artesian or flowing well, who:

1. Allows it to flow without a valve or other device for checking the flow as required by

law, or without proper repair of pipes and valves;

2. Interferes with the well, valve, or other device;

3. Permits the water to waste unnecessarily; or

4. Permits the water to run upon the lands of another or into the ditches along any public

road except a regularly established drainage ditch,

shall be guilty of a class B misdemeanor. The provisions of this section shall also apply to the

officer or members of a board in charge of wells belonging to the state, or any county, township,

or municipality.
N.D. Cent. Code § 61-04-12 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-12
61-04-12. Use of unsafe works - Penalty
Status: in_force

61-04-12. Use of unsafe works - Penalty

Any person using works for the storage, diversion, or carriage of water after an inspection of

the works by the department of water resources and receipt of notice from the department that

the works are unsafe for the purpose for which the works are used and before the receipt of

notice from the department that the department deems the works to have been made safe, is

guilty of a class A misdemeanor.
N.D. Cent. Code § 61-24-17 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-17
61-24-17. Appeal from orders of district board
Status: in_force

61-24-17. Appeal from orders of district board

An appeal from an order of the board of directors of the conservancy district denying a

petition for exclusion may be taken to the district court of the petitioning county. The appeal

must be taken in accordance with the procedure provided in section 28-34-01. The appeal must

be docketed as any cause pending in district court is docketed and thereupon the court shall

hear and determine the cause without a jury. An appeal to the supreme court may be taken by

the petitioning county or by the conservancy district, from any judgment entered in district court,

and from any order of the court if an appeal would lie from such order if entered by the court in a

civil action.
N.D. Cent. Code § 61-35-19 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-19
61-35-19. Taxing prohibited
Status: in_force

61-35-19. Taxing prohibited

A district has no power to levy any taxes. The facilities constructed or otherwise acquired by

any district, including ponds, reservoirs, pipelines, wells, deck dams, and pumping installations,

the revenues obtained by the district from the sale of water, and the revenue bonds or interest

on the revenue bonds issued by any district are not taxable in any manner by the state or a

political subdivision.
N.D. Cent. Code § 61-12-40 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-40
61-12-40. Notice of issue of bonds - Given by county auditor
Status: in_force

61-12-40. Notice of issue of bonds - Given by county auditor

The county auditor shall give notice of the determination of the board of county

commissioners to issue bonds by publishing a notice in the official newspaper of the county at

least fifteen days before the date of selling said bonds. Said notice shall designate the project

proposed to be bonded and in general terms shall notify all persons interested of their right to

pay their total assessment prior to the date of the sale of said bonds, as provided in section
N.D. Cent. Code § 61-28-08 — ND Code / Title 61 / Chapter 61-28 / Section 61-28-08
61-28-08. Penalties - Injunctions
Status: in_force

61-28-08. Penalties - Injunctions

1. Any person who willfully violates this chapter, or any permit condition, rule, order,

limitation, or other applicable requirement implementing this chapter, is subject to a

fine of not more than ten thousand dollars per day per violation, or by imprisonment for

not more than one year, or both. If the conviction is for a violation committed after a

first conviction of such person under this subsection, punishment shall be by a fine of

not more than twenty thousand dollars per day per violation, or by imprisonment for

not more than two years, or both.

2. Any person who violates this chapter or any permit condition, rule, order, limitation, or

other applicable requirement implementing this chapter, with criminal negligence as

defined by section 12.1-02-02, is subject to a fine of not more than ten thousand

dollars per day per violation, or by imprisonment for not more than six months, or both.

3. Any person who knowingly makes any 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 permit condition, rule, order, limitation, or other

applicable requirement implementing this chapter, or who falsifies, tampers with, or

knowingly renders inaccurate any monitoring device or method required to be

maintained under this chapter or any permit condition, rule, order, limitation, or other

applicable requirement implementing this chapter, upon conviction, is subject to a fine

of not more than five thousand dollars per day per violation or by imprisonment for not

more than six months, or both.

4. Any person who violates this chapter, or any permit condition, rule, order, limitation, or

other applicable requirement implementing this chapter, is subject to a civil penalty not

to exceed twelve thousand five hundred dollars per day per violation.

5. Without prior revocation of any pertinent permits, the department may, in accordance

with the laws of this state governing injunctions or other process, maintain an action in

the name of the state against any person to enjoin any threatened or continuing

violation of any provision of this chapter or any permit condition, rule, order, limitation,

or other applicable requirement implementing this chapter. In addition to any other

penalties provided in this section, or other provisions of this code, any person who

violates an order for injunctive relief is subject to sanctions, not to exceed twenty-five

thousand dollars per day per violation. In determining the amount of the sanction, the

court shall consider the seriousness of the violation or violations, any good-faith efforts

to comply with the court's order, any history of such violations, the economic impact of

the sanction on the violator, the environmental and economic impacts to the resource

caused by the violation or violations, the comparative environmental and economic

impacts on any other resources affected, if any, and such other matters as justice may

require. As an additional sanction for violating an order, the court may hold the violator

in contempt and, upon the state's motion, may allow a sanction up to the value of any

damages that occur to the state as a result of the violation. The authority to seek

sanctions under this subsection is limited to the department or to the attorney general

bringing an action on behalf of the state and may not be enforced by any other person.
N.D. Cent. Code § 61-38-11 — ND Code / Title 61 / Chapter 61-38 / Section 61-38-11
61-38-11. Restoration (Contingent effective date - See note)
Status: in_force

61-38-11. Restoration. (Contingent effective date - See note)

In lieu of or in addition to the penalties authorized under section 61-38-10, the department

of water resources may require restoration of areas in which dredged or fill material has been

discharged illegally. If the department determines any person has discharged dredged or fill

material without a permit or in violation of any permit condition, the department shall notify the

person by registered or certified mail. The notice must specify the nature and extent of

noncompliance and state the area in which the dredged or fill material is located must be

restored to the satisfaction of the department within thirty days of receipt of the notice. If the

area is not restored as required, the department shall cause the restoration of the area and

assess the cost of the restoration against the person responsible for the illegal discharge.
N.D. Cent. Code § 61-16.1-11 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-11
61-16.1-11. Joint exercise of powers (Retroactive application - See note)
Status: in_force

61-16.1-11. Joint exercise of powers. (Retroactive application - See note)

1. Two or more districts may, by agreement, jointly or cooperatively exercise any power

which is authorized a board by this title. The agreement shall state its purpose and the

powers to be exercised, and shall provide for the method by which the power or

powers shall be exercised. When the agreement provides for the use of a joint water

resource board, the joint board shall be representative of the boards which are parties

to the agreement. Notwithstanding other provisions of law, the agreement may specify

the number, composition, terms, or qualifications of the members of the joint board.

However, the joint board must consist of an equal number of members from each

district comprising the joint board. A joint board created under this section is a political

subdivision of the state.

2. The districts which are parties to such an agreement may provide for disbursements

from their individual budgets to carry out the purpose of the agreement. In addition, a

joint board established pursuant to this section may adopt, by resolution, on or before

July first of each year, a budget showing estimated expenses for the ensuing fiscal

year and the proposed contributions of each member district as determined by the

agreement. The boards of the member districts then shall levy by resolution a tax not

to exceed two mills upon the taxable valuation of the real property within each district

within the river basin or region subject to the joint agreement. The levy may be in

excess of any other levy authorized for a district.

3. The proceeds of one-half of this levy shall be credited to the joint board's

administrative fund and shall be used for regulatory activities and for the construction

and maintenance of projects of common benefit to the member districts. The

remainder shall be credited to the construction funds of the joint board and shall be

used for the construction and maintenance of projects of common benefit to more than

one district.

4. Funds may be paid to and disbursed by the joint board as agreed upon, but the

method of disbursement shall agree as far as practicable with the method provided by

law for the disbursement of funds by individual districts. Contracts let and purchases

made under the agreements shall conform to the requirements applicable to contracts

and purchases by individual districts. The joint board shall be accountable for all funds

and reports of all receipts and disbursements to the state water commission in a

manner prescribed by the commission.

5. The agreement may be continued for a definite term or until rescinded or terminated in

accordance with its terms. The agreement shall provide for the disposition of any

property required as the result of a joint or cooperative exercise of powers, and the

return of any surplus moneys in proportion to contributions of the several contracting

districts after the purpose of the agreement has been completed.

6. Residence requirements for holding office in a district shall not apply to any officer

appointed to carry out any agreement.

7. This section does not dispense with procedural requirements of any other statute

providing for the joint or cooperative exercise of any governmental power.
N.D. Cent. Code § 61-01-21 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-21
61-01-21. Foreclosure of property when only special assessment is delinquent
Status: in_force

61-01-21. Foreclosure of property when only special assessment is delinquent

If there are no delinquent general taxes against any parcel of real estate and it is foreclosed

for special assessments under this title, the notice of foreclosure of tax lien shall contain a

statement to the effect that the foreclosure is for special assessments. If the foreclosure is made

only for special assessments levied by a municipality or by a taxing district other than the

county, the county auditor shall issue a tax deed to the municipality or taxing district which

levied such special assessments in the usual course of procedure.
N.D. Cent. Code § 61-06-20 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-20
61-06-20. Board of directors to declare results of election - Secretary to issue certificates of election
Status: in_force

61-06-20. Board of directors to declare results of election - Secretary to issue

certificates of election.

The board of directors shall declare elected the person having the highest number of votes

cast for each office and shall declare the result of the election as to each question voted upon at

the election. The secretary immediately shall make out and deliver to each person elected a

certificate of election, signed by the secretary and authenticated with the seal of the district.
N.D. Cent. Code § 61-35-57 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-57
61-35-57. Plans, specifications, and estimates filed in office of district
Status: in_force

61-35-57. Plans, specifications, and estimates filed in office of district

The plans, specifications, and estimates prepared as directed under section 61-35-55 are

the property of the district, must be filed in the district office, and must remain on file subject to

inspection by any interested person.
N.D. Cent. Code § 61-03-23 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-23
61-03-23. Penalties - Civil
Status: in_force

61-03-23. Penalties - Civil

1. In addition to criminal sanctions that may be imposed pursuant to law, a person who

violates any provision of this title or any rules adopted under this title may be assessed

a civil penalty not to exceed twenty-five thousand dollars for each day the violation

occurred and continues to occur and may be required by the department to forfeit any

right to the use of water. The civil penalty for violation of an irrigation appropriation

permit may not exceed five thousand dollars for each day the violation occurred and

continues to occur. The civil penalty or forfeiture of a right to use water may be

adjudicated by the courts or by the department through an administrative hearing

under chapter 28-32.

2. If a civil penalty levied by the department after an administrative hearing is not paid

within thirty days after a final determination the civil penalty is owed, the civil penalty

may be assessed against the property of the landowner responsible for the violation

leading to the assessment of the penalty. The assessment must be collected as other

assessments made under this title are collected. Notwithstanding section 57-20-22, all

interest and penalties due on the assessment must be paid to the state. Any civil

penalty assessed under this section must be in addition to any costs incurred by the

department for enforcement of the order.
N.D. Cent. Code § 61-07-12 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-12
61-07-12. Expenses - How paid
Status: in_force

61-07-12. Expenses - How paid

For the purpose of defraying the expense of organizing the district and the maintenance,

operation, management, repair, and improvement of irrigation works, including salaries of

officers and employees, the board either may collect water rentals or may levy assessments

therefor, or may collect such charges and also levy assessments.
N.D. Cent. Code § 61-02-14.1 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-14.1
61-02-14.1. Release or assignment of easements - Procedure
Status: in_force

61-02-14.1. Release or assignment of easements - Procedure

The commission may, when it deems such action to be in the best interests of the state, for

good and valuable consideration, release easements granted to the state for the construction,

operation, and maintenance of dams, along with access thereto, if such dams have not been

constructed within ten years of the granting of the easement or if such dams are no longer

useful. The commission may also assign such easements to a political subdivision if it

determines the assignment would be in the best interests of the state. Any release or

assignment shall be in the name of the state of North Dakota by the governor and attested by

the secretary of state.
N.D. Cent. Code § 61-07-19 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-19
61-07-19. Petition for specific orders or changes in canals or other conveyance systems - Methods
Status: in_force

61-07-19. Petition for specific orders or changes in canals or other conveyance

systems - Methods.

Upon the filing of a petition in the office of the board of any irrigation district, signed by

electors who own a majority of the total number of acres [hectares] subject to assessment for

construction or other costs and requesting the board adopt rules permitting and providing for

any of the following specific orders or changes in the method of operating its canal, pipeline, or

other conveyance system, the board immediately shall provide for the adoption and

enforcement of the rules:

1. That a measuring device of a type approved by the department of water resources be

placed in or near the headgate of any main diverting gate of the main canal, or in any

pipeline or other main conveyance system so the district will keep a continuous record

of the amount of water received into the canal or pipeline for the use of the lands in the

district.

2. That a measuring device of a type approved by the department of water resources be

placed in the headgates or valves of all main laterals and distributing laterals within the

district from and by which water is diverted to tracts or units of twenty acres

[8.09 hectares] or more for the purpose of determining at all times the amount of water

going to or being received upon the tracts of land, and that the district shall keep a

separate and correct record of the amount of water delivered through each of the

headgates and valves at all times and file the record in the office of the board for public

inspection.
N.D. Cent. Code § 61-09-15 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-15
61-09-15. Assessment made to be general tax - When due and delinquent - Tax lien to be preferred lien
Status: in_force

61-09-15. Assessment made to be general tax - When due and delinquent - Tax lien to

be preferred lien.

All assessments made pursuant to the provisions of this chapter on real property, and

assessments on leasehold estates owned by this state or any of its subdivisions, and, to the

extent provided by the Act of Congress of August 11, 1916, assessments on entered or

unentered public lands shall be a general tax against the real property on which assessed in like

manner and to the same effect as general state and county taxes and shall be of the same

order. The lien thereof shall share ratably with general tax liens in all tax proceedings and tax

lien foreclosures and shall be subject to all provisions of law relating to general taxes. Such

assessment shall become due and payable and delinquent at the same time as other general

state and county taxes lien foreclosure and shall remain subject to all statutory provisions

applying to tax lien foreclosure. In case leasehold estates only are affected by said

assessments, the tax lien foreclosure notice shall state that fact. The lien for the bonds of any

series shall be preferred to that of any subsequent series, and the lien for the payments due to

the United States under any contract between the district and the United States, accompanying

which bonds have not been deposited with the United States, shall be a lien preferred over that

of any issue of bonds or any series of any issue subsequent to the date of such contract. All

funds arising from assessment and levy, if any, shall be devoted to the obligations of the district

payable from said funds and as to all obligations from the bond and United States contract a

fund shall be so devoted in the order of priority of the creation of the obligation. No error or

omission which may be made in the proceedings of the board, or of any officer of an irrigation

district in referring, reporting upon, ordering or otherwise acting concerning the establishment,

construction, or acquisition of irrigation works, or concerning the issuance of bonds or

improvement warrants, or in making or certifying any assessment shall vitiate or in any way

affect any such assessment; but if it shall appear that by reason of such error or omission

substantial injury has been done to the party or parties claiming to be aggrieved, the court shall

alter such assessment as may be just and the same shall then be enforced. Whenever the

validity of any assessment, or the validity of any deed given pursuant to a foreclosure of tax lien

for such assessment shall be drawn in question in any action in any district court in this state,

and such assessment shall be held to be invalid by reason of noncompliance with the laws of

this state, the court shall determine the true and just amount which the property attempted to be

so assessed by said assessment should pay, to make the same uniform with other assessments

for the same purpose, and the amount of such assessments as the same appears on the

assessment list thereof, shall be prima facie evidence of such true and just amount, and

judgment must be rendered and given therefor against the property liable for such assessment,

without regard to the proceedings had for the levy thereof, and such judgment shall be a lien

upon the property upon which the assessment shall have been levied, of equal force and effect

as the lien of irrigation district assessments, and the lien of such judgment shall be enforced by

the court in such action.
N.D. Cent. Code § 61-04-25 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-25
61-04-25. Cancellation of water rights - Appeal
Status: in_force

61-04-25. Cancellation of water rights - Appeal

If no comments are submitted by the date specified by the department, the water permit or

portion of the water permit must be canceled. If comments are received, the department shall

consider all written comments and issue a final decision. The final decision must be mailed to

the permitholder, to the owners of land benefited by the appropriation as indicated on the water

permit, and any person that submitted written comments by the date specified by the

department. If the final decision is to cancel the water permit or any portion of the water permit,

the order canceling the water permit or any portion of the water permit must be sent to the

permitholder with the final decision. An appeal may be taken from the decision of the

department in accordance with chapter 28-32.
N.D. Cent. Code § 61-08-08 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-08
61-08-08. Denominations of bonds - Payable in lawful money of United States
Status: in_force

61-08-08. Denominations of bonds - Payable in lawful money of United States

The entire issue of bonds may be composed of bonds of a single denomination or of two or

more denominations. Such bonds shall recite that they are payable in lawful money of the

United States.
N.D. Cent. Code § 61-35-100 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-100
61-35-100. Insufficiency of bonds - New bonds required - Failure to furnish
Status: in_force

61-35-100. Insufficiency of bonds - New bonds required - Failure to furnish

If the board, at any time, deems the bond of a contractor insufficient either in form or as to

sureties, it may require the successful bidder or contractor to furnish, within such reasonable

time as the board may fix, a new bond to be approved by the board. If the contractor fails, after

notice, to furnish the new bond within the time required, the contractor's contract may be

canceled, and in that event the contractor's bond will be liable as if the contractor had failed to

perform the contract.
N.D. Cent. Code § 61-05-21 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-21
61-05-21. Validating organization and acts of irrigation districts
Status: in_force

61-05-21. Validating organization and acts of irrigation districts

Nothing contained in this chapter shall be construed as impairing, invalidating, or in any

manner affecting the validity of acts or proceedings of irrigation districts organized pursuant to

the provisions of chapter 38 of the Code of Civil Procedure of the Supplement to the Compiled

Laws of 1913 and prior to March 16, 1939. The organization of any irrigation district prior to

March 16, 1939, in substantial compliance with the provisions of this chapter, hereby is declared

to be a valid and legal district, and all acts and proceedings of such district, and of the board of

directors thereof, done and performed in substantial compliance with the provisions of this title

hereby are validated and hereby are declared legal and valid.
N.D. Cent. Code § 61-40-06 — ND Code / Title 61 / Chapter 61-40 / Section 61-40-06
61-40-06. Oversight of authority projects
Status: repealed

61-40-06. Oversight of authority projects

Repealed by S.L. 2013, ch. 490, § 24.
N.D. Cent. Code § 61-05-09 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-09
61-05-09. Petition accompanied by bond - Approval of bond - Certified copy of petition filed
Status: in_force

61-05-09. Petition accompanied by bond - Approval of bond - Certified copy of

petition filed.

Unless otherwise permitted by the department of water resources, the petition must be

accompanied by a good and sufficient bond to be approved by the department of water

resources. The bond must be in double the amount of the probable cost of organizing the district

including the cost of the first election for the organization of the district. The bond also must be

conditioned that the sureties will pay all costs in case the organization is not approved by the

electors. Within ten days after the filing of the petition, and the approval of the bond, the

department of water resources shall file a copy of the petition with the county auditor of each

county in which the proposed irrigation district is situated.
N.D. Cent. Code § 61-16.1-36 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-36
61-16.1-36. Refunding special assessment warrants - Purposes for which such warrants may be issued - Payment of warrants
Status: in_force

61-16.1-36. Refunding special assessment warrants - Purposes for which such

warrants may be issued - Payment of warrants.

Any district having outstanding special assessment warrants, payable in whole or in part out

of collections from special assessments, which are past due or which are redeemable, either at

the option of the district or with the consent of the warrant holders, may issue refunding special

assessment warrants or bonds if there is not sufficient money in the project fund against which

such warrants are drawn to pay the same. The issuance of refunding warrants or bonds shall be

authorized by resolution of the water resource board. The resolution shall describe the warrants

to be refunded and the amount and maturity thereof. Refunding warrants may be issued for any

of the following purposes:

1. Extend the maturities of warrants payable in whole or in part by special assessments.

2. Reduce the interest on such warrants.

3. Equalize the general property tax which the district may be, or may become, obligated

to levy in order to cover deficiencies in the fund against which warrants were issued.

Refunding warrants or bonds shall bear such date, be in such date, be in such

denominations, and shall mature serially within such time, not exceeding thirty years from the

date of issuance, as the water resource board shall determine. The average rate of interest on

such warrants shall not exceed the average rate of interest on refunded warrants.

The treasurer of the district shall pay special assessment warrants, and the interest

coupons attached thereto, as they mature and are presented for payment out of the fund

against which they are drawn and shall cancel the warrants when paid.

Any deficiency in any fund created for the payment of district warrants payable in whole or

in part out of collections of special assessment taxes shall be the general obligation of the water

resource district.
N.D. Cent. Code § 61-12-25 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-25
61-12-25. Notice of construction - Letting of contracts
Status: in_force

61-12-25. Notice of construction - Letting of contracts

After the order establishing a project has been entered, the board of flood irrigation shall

advertise bids in accordance with chapter 48-01.2 for the construction of all work required, as

shown by the plans and specifications on file.
N.D. Cent. Code § 61-24.3-06.1 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-06.1
61-24.3-06.1. Water distribution lines
Status: in_force

61-24.3-06.1. Water distribution lines

Notwithstanding the plans and specifications of state water commission project no. 1736, as

authorized in this chapter, the state water commission is hereby authorized to investigate the

integration of rural water delivery into the southwest pipeline project, state water commission

project no. 1736. If the commission determines that construction cost savings, operation and

maintenance cost savings, operation efficiencies, and other advantages can be realized by

incorporating water supply, distribution, and delivery into one entire system, and that such

benefits and advantages outweigh any additional costs or disadvantages, the commission shall

plan, design, integrate, incorporate, construct, operate, and maintain the southwest pipeline

project and rural water delivery as one system. The exercise of this authority must be in the

manner and time as the commission may deem appropriate.
N.D. Cent. Code § 61-24-12 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-12
61-24-12. County treasurers to collect and remit district taxes
Status: in_force

61-24-12. County treasurers to collect and remit district taxes

The treasurer of each county in the district shall collect all district 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 Garrison Diversion Conservancy District, on the first day of

each month, on demand, all taxes so collected during the preceding month, with interest and

penalties collected thereon, and forthwith shall notify the secretary of the district of such

payment.
N.D. Cent. Code § 61-15-07 — ND Code / Title 61 / Chapter 61-15 / Section 61-15-07
61-15-07. Water and wildlife conservation projects not to diminish value of land
Status: repealed

61-15-07. Water and wildlife conservation projects not to diminish value of land

Repealed by S.L. 1963, ch. 417, § 26.
N.D. Cent. Code § 61-35-31 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-31
61-35-31. Refunding bonds authorized by resolution - Adoption - Taking effect
Status: in_force

61-35-31. Refunding bonds authorized by resolution - Adoption - Taking effect

Refunding bonds must be authorized by resolution of the board. The resolution may be

adopted at a regular or special meeting, including the meeting at which it is introduced, by the

affirmative vote of a majority of the members of the board, and takes effect immediately upon

adoption. Other proceedings or procedure are not required for the issuance of refunding bonds

by the district.
N.D. Cent. Code § 61-02-68.6 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.6
61-02-68.6. Terms of interim financing notes - Extension of maturity dates
Status: in_force

61-02-68.6. Terms of interim financing notes - Extension of maturity dates

Any resolution authorizing the issuance of interim financing notes shall specify the principal

amount, rate of interest, and maturity date, but not to exceed three years from the date of issue,

and such other terms as may be specified in such resolutions. The time of payment of any such

notes may be extended for a period of not exceeding two years from the maturity date thereof.
N.D. Cent. Code § 61-37-07 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-07
61-37-07. Guarantee of the program
Status: in_force

61-37-07. Guarantee of the program

A guarantee by the program of municipal securities of an irrigation district must be

authorized by resolution of the commission and must be evidenced by a written agreement

approved by the commission.
N.D. Cent. Code § 61-28.1-04 — ND Code / Title 61 / Chapter 61-28.1 / Section 61-28.1-04
61-28.1-04. Approval of water systems
Status: in_force

61-28.1-04. Approval of water systems

1. No person shall construct, install, modify, use, or operate a public water system

without prior approval from the department or in violation of the terms of, conditions

imposed upon, or order of the department concerning such approval.

2. The department shall provide for the issuance, suspension, revocation, modification,

and renewal of any approval required pursuant to this section.

3. Approval by the department shall not relieve any person of the responsibility to comply

with any requirements of law or any rule or regulation.

4. The department may provide for the collection of reasonable fees for the approval

required pursuant to this section. Such fees shall be deposited in the department

operating fund in the state treasury and shall be spent subject to appropriation by the

legislative assembly.
N.D. Cent. Code § 61-08-23 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-23
61-08-23. Where money received from bond issue placed - Lien on money
Status: in_force

61-08-23. Where money received from bond issue placed - Lien on money

All money received from any bond issue must be placed in a fund and applied solely for the

purpose for which it was borrowed and for no other purpose except that the money may be

temporarily invested in securities approved by the board. A lien is granted upon the money until

so applied, in favor of the owners or holders of the bonds or in favor of the trustee appointed in

connection with the bonds.
N.D. Cent. Code § 61-04-30 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-30
61-04-30. Penalty
Status: in_force

61-04-30. Penalty

A person who constructs works for an appropriation, or diverts, impounds, withdraws, or

uses a significant amount of water from any source without a permit specifically authorizing

such action, except as otherwise provided in section 61-04-02; who violates an order of the

department of water resources; who fails or refuses to install meters, gauges, or other

measuring devices or to control works; who violates an order establishing corrective controls for

an area or for a source of water; who violates the terms of the permit; or who knowingly makes

a false or misleading statement in a declaration of existing rights is guilty of a class A

misdemeanor. As used in this section, "significant amount of water" means any amount of water

in excess of that allowed in a valid water permit, or any amount of water in excess of the needs

for domestic and livestock purposes where no permit has been issued. The department of water

resources shall inform the tax commissioner of violations of industrial use permits.
N.D. Cent. Code § 61-16.1-16 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-16
61-16.1-16. Revenue bonds
Status: in_force

61-16.1-16. Revenue bonds

Each district shall have the power and authority to issue revenue bonds, not exceeding an

aggregate total outstanding of fifty million dollars, for the purpose of financing construction of

projects and incidental facilities authorized by this chapter. Issuance of revenue bonds must be

approved by two-thirds of all of the members of the water resource board. The district shall

pledge sufficient revenue from any revenue-producing facility constructed with the aid of

revenue bonds for the payment of principal and interest on the bonds and shall establish rates

for the facilities at a sufficient level to provide for the operation of such facilities and for the bond

payments. Revenue bonds shall not be a general obligation of any county and shall not be

secured by property taxes.
N.D. Cent. Code § 61-41-05 — ND Code / Title 61 / Chapter 61-41 / Section 61-41-05
61-41-05. Southwest pipeline project - Report to legislative assembly
Status: in_force

61-41-05. Southwest pipeline project - Report to legislative assembly

The state water commission and the southwest water authority shall begin the process of

reviewing capital repayment and revenues being returned to the resources trust fund; payments

necessary to meet obligations of existing bonds and other loans; ownership of land and

associated facilities; existing construction documents; liabilities; contracts with cities, bulk users,

companies, and other users; and other items, and shall report to the legislative assembly those

steps necessary for the transfer of ownership and responsibility of the southwest pipeline project

from the state water commission to the southwest water authority.
N.D. Cent. Code § 61-01-22 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-22
61-01-22. Permit to drain waters required - Penalty
Status: repealed

61-01-22. Permit to drain waters required - Penalty

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-35-26.1 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-26.1
61-35-26.1. Statement of intent
Status: in_force

61-35-26.1. Statement of intent

It is the intent of the legislative assembly that potable water should be available in sufficient

quality and quantity to meet citizens' needs for a healthy and safe standard of living and to

promote economic growth and development. In order to meet this objective in the most

economical way, water service districts and city water service systems shall coordinate their

service plans. Competition for users and duplication of service must be avoided whenever

possible.
N.D. Cent. Code § 61-16-17 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-17
61-16-17. Dams constructed within a district shall come under control of board of commissioners
Status: repealed

61-16-17. Dams constructed within a district shall come under control of board of

commissioners.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-02.1-04 — ND Code / Title 61 / Chapter 61-02.1 / Section 61-02.1-04
61-02.1-04. Bonds payable from appropriations and other revenues
Status: in_force

61-02.1-04. Bonds payable from appropriations and other revenues

1. Principal and interest on bonds issued for flood control or reduction projects as

provided in this chapter are payable from transfers to be made and appropriated by

the legislative assembly from the resources trust fund other than revenues from state

taxes, then from appropriations of other available revenues in the then current

biennium, and then from any other revenues the state water commission makes

available during the then current biennium for that purpose, including any federal

moneys received by the state for the construction of flood control or reduction projects

to pay bonds issued for that project. If sufficient funds from these sources are not

available, then from transfers to be made and appropriated by the legislative assembly

from the first available current biennial earnings of the Bank of North Dakota not to

exceed six million five hundred thousand dollars per biennium prorated with any other

bonds payable from transfers to be made and appropriated by the legislative assembly

from the available current biennial earnings of the Bank of North Dakota, to be credited

by the trustee to the fund established for paying principal and interest on the bonds

under a trust indenture.

2. Principal and interest on bonds issued for continued construction of the southwest

pipeline project are payable from the resources trust fund other than revenues from

state taxes, then from appropriations of other available revenues in the then current

biennium, or from payment from the Perkins County rural water system, and then from

any other revenues the state water commission makes available during the then

current biennium for that purpose, including any federal moneys received by the state

for the construction of the southwest pipeline project to pay bonds issued for the

project. If sufficient funds from these sources are not available, then from transfers to

be made and appropriated by the legislative assembly from the first available current

biennial earnings of the Bank of North Dakota not to exceed six million five hundred

thousand dollars per biennium prorated with any other bonds payable from transfers to

be made and appropriated by the legislative assembly from the available current

biennial earnings of the Bank of North Dakota, to be credited by the trustee to the fund

established for paying principal and interest on the bonds under a trust indenture.

3. Principal and interest on bonds issued under subsection 7 of section 61-02.1-01 are

payable from transfers to be made and appropriated by the legislative assembly from

the resources trust fund other than revenues from state taxes, then from

appropriations of other available revenues in the then current biennium, and then from

any other revenues the state water commission makes available during the then

current biennium for that purpose, including any federal moneys received by the state

for the construction of an outlet to Devils Lake to pay bonds issued for that project, or

financing a statewide water development program to pay bonds issued for that project.

If sufficient funds from these sources are not available, then from transfers to be made

and appropriated by the legislative assembly from the first available current biennial

earnings of the Bank of North Dakota not to exceed six million five hundred thousand

dollars per biennium prorated with any other bonds payable from transfers to be made

and appropriated by the legislative assembly from the available current biennial

earnings of the Bank of North Dakota, to be credited by the trustee to the fund

established for paying principal and interest on the bonds under a trust indenture.

4. Obligations issued as provided in this chapter do not constitute a debt, liability, or

obligation of the state of North Dakota or a pledge of the faith and credit of the state of

North Dakota, but are payable solely from the sources as described in this chapter.

5. The state water commission shall include in its submission to the governor for

inclusion by the governor in the biennial executive budget of the state for each year of

the respective biennium during the term of any bonds issued as provided in this

chapter an amount fully sufficient to pay the principal and interest required to be paid

in each year of the biennium, if any, from moneys from non-general fund sources.

Provided, that should the governor not include in the executive budget for any reason

the amounts required to be included by this section, the state water commission shall

request independently that the legislative assembly amend the executive budget

appropriation so as to include the amounts.

6. Principal and interest on bonds issued for projects authorized pursuant to section

61-02.1-02.1 are payable from transfers to be made and appropriated by the

legislative assembly from the resources trust fund other than revenues from state

taxes, then from appropriations of other available revenues in the then current

biennium, and then from any other revenues the state water commission makes

available during the then current biennium for that purpose. If sufficient funds from

these sources are not available, then from transfers to be made and appropriated by

the legislative assembly from the first available current biennial earnings of the Bank of

North Dakota not to exceed six million five hundred thousand dollars per biennium

prorated with any other bonds payable from transfers to be made and appropriated by

the legislative assembly from the available current biennial earnings of the Bank of

North Dakota, to be credited by the trustee to the fund established for paying principal

and interest on the bonds under a trust indenture.
N.D. Cent. Code § 61-16.1-27 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-27
61-16.1-27. Correction of errors and mistakes in special assessments
Status: in_force

61-16.1-27. Correction of errors and mistakes in special assessments

If mathematical errors or other mistakes occur in making any assessment and result in a

deficiency in that assessment, the board shall cause additional assessments to be made in a

manner substantially complying with chapter 40-26 as the chapter relates to special

assessments.
N.D. Cent. Code § 61-16.2-14 — ND Code / Title 61 / Chapter 61-16.2 / Section 61-16.2-14
61-16.2-14. Department review of development in regulatory floodways - Exceptions
Status: in_force

61-16.2-14. Department review of development in regulatory floodways - Exceptions

Before issuing a permit or authorization to allow a use in a regulatory floodway, the

community responsible for permitting or authorizing the use shall notify the department of the

proposed use. The department shall determine whether a functioning hydraulic model is needed

to measure the effect of the proposed use. Upon the request of the department, the community

shall submit to the department for review all technical documentation, including a functioning

hydraulic model and other technical information needed for the department's review to analyze

the proposed use and to identify its proposed impact. The department shall complete the review

within thirty days after receiving the technical documentation. Upon completion of the review,

the department shall notify the community whether the proposed use is in compliance with state

and federal law. A community may apply to the department for an exemption on a case-by-case

basis from this section. The department may grant the exemption if the department determines

the community, by using its own technical review, can determine whether the proposed use is in

compliance with state and federal law.
N.D. Cent. Code § 61-26-01 — ND Code / Title 61 / Chapter 61-26 / Section 61-26-01
61-26-01. Application for joint drain
Status: in_force

61-26-01. Application for joint drain

The governing body of any city or the board of commissioners of any water resource district

desiring to use an existing drain under the jurisdiction of the county board of drainage

commissioners, with or without modification, as a watercourse or channel to provide a water

supply for the city or water resource district, may make application therefor to the board of drain

commissioners of the county in which such drain is located. In such application there shall be

set forth a comprehensive plan of joint use and of any proposed extensions, changes,

connecting canals, mains, or other contrivances for conducting the flow of water in, to, or from

said drain and an offer of payment by the city or water resource district in a definite sum as a

proportionate share of the cost of the existing drain, and a sum certain or a percentage offer for

future maintenance costs.
N.D. Cent. Code § 61-40-13 — ND Code / Title 61 / Chapter 61-40 / Section 61-40-13
61-40-13. Franchise protection
Status: in_force

61-40-13. Franchise protection

Notwithstanding any other provision of law, neither the authority nor its participating member

entities may be required to waive the right to assert franchise protection under state or federal

law with regard to water used for purposes other than industrial sales for oil and gas exploration

and production.
N.D. Cent. Code § 61-16-43 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-43
61-16-43. Proceedings to judicially confirm contracts, special assessments and other acts
Status: repealed

61-16-43. Proceedings to judicially confirm contracts, special assessments and other

acts.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-16.1-50 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-50
61-16.1-50. Drains having a common outlet may be consolidated
Status: in_force

61-16.1-50. Drains having a common outlet may be consolidated

Whenever one or more drains which have from time to time been constructed, empty into a

drain that supplies the outlet for waters flowing in all such drains, such drains may by resolution

or order of the water resource board, if the cost of construction of such drains has been paid, be

consolidated into one drain or drainage system and shall be renumbered and may be renamed.
N.D. Cent. Code § 61-40-01 — ND Code / Title 61 / Chapter 61-40 / Section 61-40-01
61-40-01. Legislative declarations - Authority of western area water supply authority
Status: in_force

61-40-01. Legislative declarations - Authority of western area water supply authority

The legislative assembly declares that many areas and localities in western North Dakota

do not enjoy adequate quantities of high-quality drinking water; that other areas and localities in

western North Dakota do not have sufficient quantities of water to ensure a dependable,

long-term domestic or industrial water supply; that greater economic security and the protection

of health and property benefits the land, natural resources, and water resources of this state;

and that the promotion of the prosperity and general welfare of all of the people of this state

depend on the effective development and utilization of the land and water resources of this state

and necessitates and requires the exercise of the sovereign powers of this state and concern a

public purpose. To accomplish this public purpose, it is declared necessary that a water

authority to treat, store, and distribute water to western North Dakota be established to provide

for the supply and distribution of water to the people of western North Dakota for purposes,

including domestic, rural water, municipal, livestock, industrial, oil and gas development, and

other uses, and provide for the future economic welfare and prosperity of the people of this

state, and particularly the people of western North Dakota, by the creation and development of a

western area water supply project for beneficial and public uses. The western area water supply

authority may acquire, construct, improve, develop, and own water supply infrastructure and

may enter water supply contracts with member cities, water districts, and private users, such as

oil and gas producers, for the sale of water for use within or outside the authority boundaries or

the state. The western area water supply authority shall consider in the process of locating

industrial water depots the location of private water sellers so as to minimize the impact on

private water sellers. The independent water providers shall consider in the process of locating

industrial water depots the location of private water sellers so as to minimize the impact on

private water sellers.
N.D. Cent. Code § 61-29-03 — ND Code / Title 61 / Chapter 61-29 / Section 61-29-03
61-29-03. Definitions
Status: in_force

61-29-03. Definitions

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

1. "Free-flowing" shall mean existing or flowing in a natural condition without

impoundment, diversion, straightening, or other modification of the waterway.

2. "Little Missouri River" means the river commencing at the North Dakota-South Dakota

state border and terminating at its juncture with Lake Sakakawea, with such juncture

defined as the bridge crossing of state highway twenty-two in section thirty-four, range

ninety-five west, township one hundred forty-eight north, with boundaries established

as the natural channels of the river to the low water mark.
N.D. Cent. Code § 61-12-20 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-20
61-12-20. Rights of way
Status: in_force

61-12-20. Rights of way

The rights of way for the construction of any improvements required in an irrigation project,

including all sites for dams, gates, and necessary ditches and canals, if not conveyed to the

county by the owner, may be acquired by the board of flood irrigation by the exercise of the right

of eminent domain in the manner prescribed by title 32. Any such right of way, when acquired,

shall be the property of the county.
N.D. Cent. Code § 61-37-01 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-01
61-37-01. Definitions
Status: in_force

61-37-01. Definitions

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

1. "Bond" means an evidence of indebtedness of the program issued by the commission.

2. "Bondholder" or any similar term, when used with reference to a bond of the program,

means any person who is the bearer of any outstanding bond of the program.

3. "Commission" means the state water commission.

4. "Fully marketable form" means a municipal security duly executed and accompanied

by an approving legal opinion of a counsel whose opinions are generally accepted by

the purchasers of municipal securities.

5. "Municipal security" means an evidence of indebtedness issued by an irrigation

district.

6. "Program" means the North Dakota irrigation district finance program established by

the commission under this chapter.

7. "Required debt service reserve" means the amount required to be on deposit in the

reserve fund.

8. "Reserve fund" means the program reserve fund or funds.

9. "Revenues" means any or all fees, charges, moneys, profits, payments of principal of

or interest on municipal securities, investment income, revenues, appropriations,

liquidation of security, and all other income derived or to be derived by the commission

under the program.
N.D. Cent. Code § 61-33-09 — ND Code / Title 61 / Chapter 61-33 / Section 61-33-09
61-33-09. Members of the board - Organization - Meetings
Status: in_force

61-33-09. Members of the board - Organization - Meetings

1. The board consists of the manager of the Garrison Diversion Conservancy District, the

director of the department of water resources, the commissioner of university and

school lands, the director of the parks and recreation department, the director of the

game and fish department, and the director of the department of environmental quality,

or their representatives.

2. The director of the department of water resources is the board's secretary.

3. The board shall meet at least once a year or at the call of the director of the

department of water resources or two or more members of the board. The board shall

meet at the office of the director of the department of water resources or any other

place decided upon by the board.

4. The board may adopt rules to govern its activities.