N.D. Cent. Code § 61-12-19 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-19
61-12-19. Issue placed on court calendar - Judgment - Costs
Status: in_force

61-12-19. Issue placed on court calendar - Judgment - Costs

Upon the filing of a petition for the review of assessments in the office of the clerk of the

district court of the county in which the land is situated, the clerk immediately shall notify the

board of flood irrigation thereof. If it appears to the court upon the hearing that the assessments

have not been made equitably, it may proceed to correct the same. The correction and

adjustment is final, unless an appeal is taken to the supreme court.
N.D. Cent. Code § 61-02-24 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-24
61-02-24. Cooperation and coordination with entities
Status: in_force

61-02-24. Cooperation and coordination with entities

1. The commission may investigate, plan, cooperate, and make all contracts or compacts

necessary or requisite:

a. With the United States and any department, agency, or officer thereof.

b. With the states of Minnesota, South Dakota, Montana, and Wyoming, or any

political subdivision thereof, and with any other state, and with any department or

officer or political subdivision of any state.

c. With Canada or any of its provinces, and with any agency, department, or officer

of Canada or any of its provinces.

d. With federally recognized Indian tribes, or any agency, department, or officer

thereof.

2. The powers granted by this section shall extend to all waters, whether considered as

intrastate, interstate, or international. The commission is specially authorized and

empowered to cooperate with the United States or any of its agencies concerned with

investigating, planning, conserving, utilizing, developing, and handling water in any

form for purposes of water conservation, flood control, prevention of water pollution, or

soil reclamation, or with any other resources of the state, and concerned with the

administration of the public works program of the state or any part thereof. The

commission is authorized to act and to contract fully with the United States, or with any

department, agency, or officer thereof, with full power of purchase, sale, or lease to

carry out, develop, or administer any federal project within this state or partly within the

state, and also to accept and to use any funds provided by the United States or any

agency thereof for any such purposes.
N.D. Cent. Code § 61-06-19 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-19
61-06-19. Secretary of board of directors to declare result of election - Contents
Status: in_force

61-06-19. Secretary of board of directors to declare result of election - Contents

1. The secretary of the board of directors, as soon as the result of the election is

declared, shall record the election results including:

a. The whole number of votes cast in the district.

b. The names of the persons who received votes.

c. Each question voted upon.

d. The number of votes cast for each person.

e. The number of votes cast for and against each question.

2. A copy of the statement of election results must be recorded in a permanent record of

the board. The statement must be signed by the secretary of the board and

authenticated by the seal of the district. A copy of the signed and authenticated

statement must be filed with the county auditor of each county in which the irrigation

district is situated, and another copy must be mailed to the department of water

resources.
N.D. Cent. Code § 61-24.3-06 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-06
61-24.3-06. Secondary transmission mains
Status: in_force

61-24.3-06. Secondary transmission mains

Secondary transmission mains shall be constructed as part of the southwest pipeline

project, as provided in the engineering preliminary design final report for the southwest pipeline

project, state water commission project no. 1736, dated September 1982, except as provided in

section 61-24.3-03.
N.D. Cent. Code § 61-10-32 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-32
61-10-32. Petition for exclusion of land from irrigation district - Bond - Contents
Status: in_force

61-10-32. Petition for exclusion of land from irrigation district - Bond - Contents

The owner or owners of a tract or tracts of land in an irrigation district may file with the

board of directors of the district a petition requesting that such tract or tracts of land be excluded

from the district. The petition shall be accompanied by a sufficient bond conditioned that the

petitioner or petitioners will pay all costs incurred by the board in connection with the proceeding

resulting from the filing of such petition. The petition must describe each tract of land sought to

be excluded from the district. The petition shall be recorded in the minutes of the board. The

filing of a petition with the board requesting the exclusion of lands from the district is deemed an

assent by each petitioner to the exclusion from the district of the lands described in the petition,

or any part thereof. Any unit or tract of land mentioned in the petition which does not include

within its boundaries acreage [hectarage] susceptible of irrigation by the irrigation works of the

district may not be assessed or taxed by the district and may be excluded therefrom.
N.D. Cent. Code § 61-12-36 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-36
61-12-36. Power of board of flood irrigation to administer oath
Status: in_force

61-12-36. Power of board of flood irrigation to administer oath

Any member of the board of flood irrigation shall have the power to administer any oath

required in any proceeding had before the board or in which such member may be called to act

officially.
N.D. Cent. Code § 61-02-68.11 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.11
61-02-68.11. Bond provisions applicable to interim financing notes
Status: in_force

61-02-68.11. Bond provisions applicable to interim financing notes

The provisions of sections 61-02-49, 61-02-59, 61-02-60, 61-02-61, 61-02-62, and

61-02-65, relating to bonds also apply to notes issued pursuant to section 61-02-68.1.
N.D. Cent. Code § 61-24.5-19 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-19
61-24.5-19. Operation and maintenance fund
Status: in_force

61-24.5-19. Operation and maintenance fund

To identify and distinguish the revenues received by the southwest water authority from

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

southwest water authority shall maintain a fund designated as the southwest pipeline project

operation and maintenance fund. All moneys received by the southwest water authority, whether

from payments made by water user entities, or otherwise, for operation and maintenance of the

southwest pipeline project must be by law or by other authoritative designation made applicable

to the payment of operation and maintenance of the southwest pipeline project, must be kept in

the fund distinct from all other moneys, and must be disbursed only for the particular purpose or

purposes for which the moneys were received.
N.D. Cent. Code § 61-07-20 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-20
61-07-20. Provisions of title not to take away vested rights
Status: in_force

61-07-20. Provisions of title not to take away vested rights

None of the provisions of this title relating to irrigation works shall be deemed to authorize

the district or any person to divert the waters of any river, creek, stream, canal, or ditch from its

channel, whereby the vested rights of any person having any interest in such river, creek,

stream, canal, or ditch, or the waters thereof, are invaded or interfered with unless previous

compensation is ascertained and paid therefor, under the laws of this state authorizing the

taking of private property for public use. However, if the district exercises the authority of

eminent domain against any vested water rights of any person, the district shall be required to

offer an alternative water supply of equal quantity and comparable quality, either through the

district works or otherwise, to such person.
N.D. Cent. Code § 61-04-01 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-01
61-04-01. Petitions, reports, surveys, and other documents filed with the commission
Status: in_force

61-04-01. Petitions, reports, surveys, and other documents filed with the commission

Any petitions, applications, surveys, reports, orders, or other documents provided for in this

chapter must be filed with the commission in Bismarck, where they must be kept on file under

the control of the director of the department of water resources.
N.D. Cent. Code § 61-08-38 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-38
61-08-38. Amount of refunding bonds issued
Status: repealed

61-08-38. Amount of refunding bonds issued

Repealed by S.L. 1997, ch. 518, § 24.
N.D. Cent. Code § 61-24.7-03 — ND Code / Title 61 / Chapter 61-24.7 / Section 61-24.7-03
61-24.7-03. Limitation of action
Status: repealed

61-24.7-03. Limitation of action

Repealed by S.L. 2013, ch. 490, § 24.
N.D. Cent. Code § 61-09-14 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-14
61-09-14. Borrowing in excess of ninety percent of levy prohibited - Additional levy permissible - Transfer of balance in fund
Status: in_force

61-09-14. Borrowing in excess of ninety percent of levy prohibited - Additional levy

permissible - Transfer of balance in fund.

An irrigation district, on account of expenses of operation and maintenance and to pay the

current expenses of the district, in any year may not borrow in excess of ninety percent of the

levy of assessments for that year. In case of due and outstanding obligations of the district on

account of current expenses and expenses of operation and maintenance contracted before the

year in which the levy is made, the district board may make an additional levy, not to exceed

twenty dollars per acre [.40 hectare], upon all irrigable lands within the district, to create a

special fund for the payment of the past-due obligations. Whenever the claims or obligations

against any fund for any year are fully paid, the board may transfer any unused balance to any

fund for any preceding or succeeding year.
N.D. Cent. Code § 61-03-14 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-14
61-03-14. State water commission votes on modifications of rules
Status: in_force

61-03-14. State water commission votes on modifications of rules

The state water commission may vote on a modification of a department rule which is

required under section 61-03-13 only on an appeal from a decision of the director.
N.D. Cent. Code § 61-24-20 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-20
61-24-20. Director of agricultural experiment station to determine best management practices - Reports to the Garrison Diversion Conservancy District - Monitoring of ground water quality
Status: in_force

61-24-20. Director of agricultural experiment station to determine best management

practices - Reports to the Garrison Diversion Conservancy District - Monitoring of

ground water quality.

1. The director of the agricultural experiment station, with respect to all land to be

irrigated by water from the Garrison diversion unit of the Pick-Sloan Missouri River

basin project, shall promulgate rules and regulations for the determination of best

management practices on the affected land. The rules and regulations may be

amended from time to time. For the purposes of this section and section 61-24-21,

"best management practices" means the application of water, fertilizers, pesticides,

and herbicides in amounts that maximize crop production and economically efficient

farming, while, at the same time, minimizing chemical or other pollution and

degradation of ground or surface water supplies in areas irrigated with water from the

Garrison diversion unit. Upon determining the best management practices for all land

in question, the director of the agricultural experiment station shall file the information

with the headquarters office of the district.

2. The district in cooperation with other state agencies shall monitor the ground and

surface water quality in all areas irrigated with water from the Garrison diversion unit,

to determine compliance with the regulations concerning best management practices

for farming of that land. If violations of best management practices are discovered, the

district shall determine the location of all irrigators causing the violation and shall

reduce the amount of water which may be distributed to the violating irrigator

consistent with best management practices.
N.D. Cent. Code § 61-24.8-15 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-15
61-24.8-15. Voting right or powers of landowners
Status: in_force

61-24.8-15. Voting right or powers of landowners

In order that there may be a fair relationship between the amount of liability for assessments

and the power of objecting to the establishment of a proposed project, the voting rights of

affected landowners on the question of establishing the project are as provided in this section.

The landowner of land affected by the project has one vote for each dollar of assessment to

which the land is subject or one vote for each dollar of the assessed valuation of land for which

fee title interest will be lost as a result of the project. There may be only one vote for each dollar

of assessment, regardless of the number of owners of a tract of land. If more than one owner of

a tract of land exists, the votes must be prorated among them in accordance with each owner's

property interest. A written power of attorney authorizes an agent to protest a project on behalf

of any affected landowner or landowners.
N.D. Cent. Code § 61-02-68.5 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.5
61-02-68.5. Interim financing - Proceeds pledged as security - Assignment to commission of rights to proceeds
Status: in_force

61-02-68.5. Interim financing - Proceeds pledged as security - Assignment to

commission of rights to proceeds.

Any interim financing agreement pursuant to section 61-02-68.2 shall provide that the owner

or owners receiving the proceeds of such interim financing shall pledge and dedicate the

proceeds of its loan or grant from the United States or the state as security for the interim

financing notes issued pursuant to the loan agreement. In addition, the execution of any interim

financing agreement under section 61-02-68.2 shall constitute an assignment to the commission

of the right to receive the proceeds of the federal or state loan or grant so far as is necessary to

secure the notes issued pursuant to the agreement and in preference to any other obligation

whatsoever of the owner or owners receiving the interim financing. It shall not be necessary for

the financing agreement, trust indentures, or any other document relating to the interim

financing agreement to be filed or recorded in order for the assignment to the commission to be

perfected.
N.D. Cent. Code § 61-38-05 — ND Code / Title 61 / Chapter 61-38 / Section 61-38-05
61-38-05. Discharge of dredged or fill material - Permit required - Exceptions (Contingent effective date - See note)
Status: in_force

61-38-05. Discharge of dredged or fill material - Permit required - Exceptions

(Contingent effective date - See note)

1. Except as otherwise provided by this chapter, no person may discharge dredged or fill

material into waters of the state unless that person has a permit from the department

of water resources. No person may discharge dredged or fill material in violation of a

permit. A permit is not required for:

a. The discharge of dredged or fill material when an activity is authorized by a

general permit issued pursuant to section 61-38-06;

b. Normal farming, silviculture, and ranching activities such as plowing, seeding,

cultivating, minor drainage, harvesting for the production of food, fiber, and forest

products, or upland soil and water conservation practices;

c. Maintenance, including emergency reconstruction of recently damaged parts, of

currently serviceable structures such as dikes, dams, levies, groins, riprap,

breakwaters, causeways, bridge abutments or approaches, and transportation

structures, which does not change the character, scope, or size of the original fill

design;

d. Construction or maintenance of farm or stock ponds or irrigation ditches or the

maintenance of drainage ditches;

e. Construction of temporary sedimentation basins on a construction site that does

not include placement of fill material into waters of the state;

f. Construction or maintenance of farm roads or forest roads, or temporary roads for

moving mining equipment, where the roads are constructed and maintained, in

accordance with best management practices, to assure flow and circulation

patterns and chemical and biological characteristics of the waters of the state are

not impaired, the reach of the waters of the state is not reduced, and any adverse

effect on the aquatic environment will be otherwise minimized; or

g. The placement of fill material associated with activities the state regulates by

requiring best management practices under chapter 61-28.

2. Any discharge of dredged or fill material into waters of the state incidental to any of the

activities identified in subdivisions a through g of subsection 1 must have a permit if it

is part of an activity with the purpose of converting an area of waters of the state into a

use to which it was not previously subject, where the flow or circulation of waters of the

state may be impaired or the reach of such waters reduced, or if the discharge

contains a toxic pollutant. Where the proposed discharge will result in significant

discernible alterations to flow or circulation, the presumption is flow or circulation may

be impaired by the alteration.
N.D. Cent. Code § 61-10-04 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-04
61-10-04. Hearing of petition on proposed change in boundaries - Assent of parties
Status: repealed

61-10-04. Hearing of petition on proposed change in boundaries - Assent of parties

Repealed by S.L. 1959, ch. 410, § 15.
N.D. Cent. Code § 61-35-55 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-55
61-35-55. Approval of plans, specifications, and estimates
Status: in_force

61-35-55. Approval of plans, specifications, and estimates

After receiving the engineer's report required by section 61-35-54, the board may direct the

engineer to prepare detailed plans and specifications for construction of the improvement. The

plans and specifications must be approved by a resolution of the board.
N.D. Cent. Code § 61-33-04 — ND Code / Title 61 / Chapter 61-33 / Section 61-33-04
61-33-04. Existing contracts and encumbrances recognized
Status: in_force

61-33-04. Existing contracts and encumbrances recognized

The transfers made by this chapter are subject to all existing contracts, rights, easements,

and encumbrances made or sanctioned by the state or any of its officers or departments.
N.D. Cent. Code § 61-16.1-21 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-21
61-16.1-21. Calculating benefits and assessments - Certification
Status: in_force

61-16.1-21. Calculating benefits and assessments - Certification

1. If the water resource board proposes to make any special assessment under this

chapter, the board, before the hearing required under section 61-16.1-18, shall inspect

all lots and parcels of land which may be subject to assessment and shall determine

from the inspection the particular lots and parcels of lands which, in the opinion of the

board, will be benefited by the construction of the work for which the assessment is

made. The board shall determine the proportion of the total cost of acquiring right of

way and constructing and maintaining the project in accordance with, but not

exceeding, the benefits received, against any county, township, or city, in its corporate

capacity, which may be benefited directly or indirectly and any lot, piece, or parcel of

land which is directly benefited by the project.

2. In determining benefits the board shall consider, among other factors, property values,

degree of improvement of properties, and productivity. Property belonging to the

United States is exempt from assessment under this chapter, unless the United States

has provided for the payment of any assessment levied against the property for

benefits received. Benefited property belonging to counties, cities, school districts,

park districts, and townships is not exempt from assessment under this chapter, and

political subdivisions whose property is assessed shall provide for the payment of the

assessments, installments, and interest by the levy of taxes according to law. Any

county, township, or city assessed in its corporate capacity for benefits received shall

provide for the payment of the assessments, installments, and interest from the

political subdivision's general fund or by levy of a general property tax against all the

taxable property in the political subdivision in accordance with law. Tax limitations

provided by any statute of this state do not apply to tax levies made by a political

subdivision for the purpose of paying any special assessments under this chapter.

3. The board shall prepare a list identifying the assessments allocated to each lot and

parcel of land for the project. A certificate signed by a majority of the members of the

board must be attached to the list and state the assessment in the list is based on a

correct determination of the benefits to the assessed land described to the best of the

members' judgment. The certificate also must identify the several items of expense

included in the assessment.
N.D. Cent. Code § 61-02-65 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-65
61-02-65. Commission to have complete system of accounting - Contents
Status: in_force

61-02-65. Commission to have complete system of accounting - Contents

The commission shall have a complete system of accounting to show the total expenditure

of and investment in each project and the total revenue derived therefrom and shall prepare

periodic reports giving the financial statement of each project and the status of all projects

together.
N.D. Cent. Code § 61-02-33 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-33
61-02-33. Commission to file declaration of completion of appropriation with department of water resources
Status: in_force

61-02-33. Commission to file declaration of completion of appropriation with

department of water resources.

Upon completing the construction of works and application to beneficial use of the waters

described in the declaration provided in section 61-02-30, the commission shall file in the

department of water resources a declaration of completion of the appropriation, reciting the

matters contained in the original declaration of intention to appropriate and the conditional water

permit for the works obtained from the department.
N.D. Cent. Code § 61-09-07 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-07
61-09-07. Meeting of board for equalization - Duties - Secretary to be present to note changes
Status: in_force

61-09-07. Meeting of board for equalization - Duties - Secretary to be present to note

changes.

The board shall meet as a board of equalization on the day specified in section 61-09-06 for

the purpose of equalizing the assessments and shall continue in session from day to day as

long as may be necessary but not to exceed ten days exclusive of Sundays. The board shall

hear and determine such objections to the apportionment of benefits and assessments as may

come before it and may make such changes in such apportionments as shall appear to be just

and equitable. The secretary of the board shall be present during the sessions of the board and

shall note changes made in the apportionment of benefits and assessments returned by the

assessor and in the names of persons assessed. Within ten days after the close of the session,

the secretary of the board shall have the apportionment of benefits and assessments, as finally

equalized by the board, extended into columns and added.
N.D. Cent. Code § 61-03-05 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-05
61-03-05. Fees of state engineer
Status: repealed

61-03-05. Fees of state engineer

Repealed by S.L. 2015, ch. 471, § 4.
N.D. Cent. Code § 61-24.3-11 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-11
61-24.3-11. Commission to fix water rates for the southwest pipeline project
Status: in_force

61-24.3-11. Commission to fix water rates for the southwest pipeline project

The commission shall establish the payments for water service to be paid by water user

entities for purchase of water from the southwest pipeline project. The payments for water

service include each water user entity's proportionate share of the operation, maintenance, and

replacement costs, and also include a component for payment for capital costs. The

commission shall include in its determination of each water user entity's share of operation,

maintenance, and replacement costs an amount to be deposited in the southwest pipeline

project reserve fund for replacement, as established by section 61-24.3-16, for replacement and

extraordinary maintenance of southwest pipeline project works. The amount of such reserve

fund for replacement shall be determined by the commission.
N.D. Cent. Code § 61-03-11 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-11
61-03-11. Furnishing copies
Status: repealed

61-03-11. Furnishing copies

Repealed by S.L. 1993, ch. 595, § 2.
N.D. Cent. Code § 61-09-06 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-06
61-09-06. When assessment roll completed - When board to equalize assessments
Status: in_force

61-09-06. When assessment roll completed - When board to equalize assessments

On or before the fifteenth day of June in each year, the assessor shall complete the

assessment roll and deliver it to the secretary of the district. The board of directors thereupon at

its regular meeting in July shall proceed to equalize such assessments. At least ten days before

the board meets, the secretary shall give notice of such meeting by publishing notice thereof in

the manner required for a regular election of the district. Until such meeting is held, the

assessment roll shall remain in the office of the secretary for the inspection of all persons

interested.
N.D. Cent. Code § 61-02-76 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-76
61-02-76. Hearing - Appeals from decision of commission
Status: in_force

61-02-76. Hearing - Appeals from decision of commission

Except as more specifically provided in this title, any person aggrieved because of any

action or decision of the commission under the provisions of this title has the right to a hearing

by the commission if no hearing on the matter resulting in the action or decision has been held.

If a hearing has been held, the person aggrieved has the right to petition for reconsideration and

to appeal, all in accordance with the provisions of chapter 28-32.
N.D. Cent. Code § 61-16-12 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-12
61-16-12. District budget - Tax levy - Financing by special assessment
Status: repealed

61-16-12. District budget - Tax levy - Financing by special assessment

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-16.1-39.1 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-39.1
61-16.1-39.1. Petition for maintenance - Bond required
Status: in_force

61-16.1-39.1. Petition for maintenance - Bond required

A written petition for maintenance of a project other than an assessment drain may be made

to the board under this section. The petition shall designate the maintenance requested. The

petition must be signed by six, or if a majority is less than six, by a majority of the landowners

within the area benefited by the project. The petitioners shall supply a surety bond in the amount

of two hundred fifty dollars. The bond must be for the payment of costs if the board finds the

petition was improvidently made.
N.D. Cent. Code § 61-16.1-03 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-03
61-16.1-03. Water resource districts - Boundaries
Status: repealed

61-16.1-03. Water resource districts - Boundaries

Repealed by S.L. 1985, ch. 678, § 2.
N.D. Cent. Code § 61-08-30 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-30
61-08-30. Board may withdraw funds from district and deposit with county treasurer - Duty of treasurer
Status: in_force

61-08-30. Board may withdraw funds from district and deposit with county treasurer -

Duty of treasurer.

The board may draw from time to time from the construction fund and deposit in the county

treasury of the county where the office of the board is situated any sum in excess of the sum of

twenty-five thousand dollars. The county treasurer shall receive and receipt for the same and

place the same to the credit of the district, and the county treasurer shall be responsible upon

the county treasurer's official bond for the safekeeping and disbursement of the same as

provided in this chapter. The county treasurer shall pay out the same, or any part thereof, to the

treasurer of the district only upon the order of the board, signed by the president, and attested

by the secretary.
N.D. Cent. Code § 61-35-26 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-26
61-35-26. Annexation of land by a municipality
Status: in_force

61-35-26. Annexation of land by a municipality

A district organized under this title or title 10 must be fairly compensated for losses resulting

from annexation by a city under chapter 40-51.2. If a district has outstanding bonds, the

annexation proceedings must be in accordance with the bond resolution or trust indenture. The

governing body of a city and the board of directors of the district may agree to terms that

provide that the facilities owned by the district and located within the city must be retained by

the district for the purpose of transporting water to customers outside the municipality.
N.D. Cent. Code § 61-02-07 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-07
61-02-07. Quorum - What constitutes
Status: in_force

61-02-07. Quorum - What constitutes

A majority of the members of the commission constitutes a quorum, and the affirmative or

negative vote of six members is necessary to bind the commission except for adjournment.
N.D. Cent. Code § 61-16-51 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-51
61-16-51. Closing a noncomplying dike or dam - Notice and hearing - Appeal - Injunction
Status: repealed

61-16-51. Closing a noncomplying dike or dam - Notice and hearing - Appeal -

Injunction.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-40-12 — ND Code / Title 61 / Chapter 61-40 / Section 61-40-12
61-40-12. Construction funding
Status: reserved

61-40-12. Construction funding

The authority shall follow the state water commission requirements for funding through the

resources trust fund or Bank of North Dakota state-guaranteed loans and shall present the

overall plan and project components to the state water commission for funding approval. Priority

on project funding first is reserved for state-guaranteed loan payments if not met by industrial

water depot and lateral sales, second is for full repayment of existing federal debt if 7 U.S.C.

1926(b) protection for oil and gas exploration and production industrial water sales is asserted,

and third for expanding domestic water supply to areas currently not served. In accepting

construction funding, the authority and participating member entities agree to not hinder or

prevent depot and lateral industrial water sales for oil and gas exploration and production.
N.D. Cent. Code § 61-28.1-12 — ND Code / Title 61 / Chapter 61-28.1 / Section 61-28.1-12
61-28.1-12. Department - Powers and duties - Administration
Status: in_force

61-28.1-12. Department - Powers and duties - Administration

The department has the following powers and duties and shall administer the drinking water

treatment revolving loan fund as follows:

1. To apply for and accept grants of money from the United States environmental

protection agency or other federal agencies which must be deposited in the drinking

water treatment revolving loan fund to be used for purposes authorized under the Safe

Drinking Water Act, including the following:

a. To provide loans or loan guarantees, or other financial assistance, to community

water systems and nonprofit noncommunity water systems eligible for assistance

from the revolving loan fund.

b. As a source of revenue and security for the payment of principal and interest on

bonds issued by the state through the public finance authority if the bond

proceeds are deposited in the revolving loan fund.

c. To buy or refinance debt obligations issued after July 1, 1993, to finance a project

eligible for assistance from the revolving loan fund.

d. To guarantee or purchase insurance for debt obligations issued to finance a

project eligible for assistance from the revolving loan fund.

e. To provide other financial and technical assistance and to make any other

expenditure authorized under the Safe Drinking Water Act.

f. To earn interest before the disbursement of financial or technical assistance.

g. To pay administrative expenses associated with the revolving loan fund as

authorized under the Safe Drinking Water Act.

2. To administer the drinking water treatment revolving loan fund as established. The

department may enter into contracts and other agreements in connection with the

operation of the drinking water treatment revolving loan fund to the extent necessary

or convenient for the implementation of the drinking water treatment revolving loan

fund. The department may combine the financial administration of the drinking water

treatment revolving loan fund and the financial administration of the water pollution

control revolving loan fund established under chapter 61-28.2. The department may

cross-collateralize the drinking water treatment revolving loan fund and the water

pollution control revolving loan fund as authorized by the administrator of the federal

environmental protection agency under the Safe Drinking Water Act.

3. To administer and disburse funds in accordance with section 1452(a) of the federal

Safe Drinking Water Act [42 U.S.C. 300j], as amended.

4. To establish assistance priorities and to expend grant funds pursuant to the priority list

for the drinking water treatment revolving loan fund.

5. To adopt rules necessary for administering the drinking water treatment revolving loan

fund.

The governor, or the governor's designee, may transfer grant funds from the drinking water

treatment revolving loan fund to the water pollution control revolving loan fund established by

chapter 61-28.2 and from the water pollution control revolving loan fund to the drinking water

treatment revolving loan fund, as authorized by the Safe Drinking Water Act.
N.D. Cent. Code § 61-35-103 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-103
61-35-103. Contractor to be paid during progress of work - Retainage - Failure to pay - Rate of interest - Investment of retainage
Status: in_force

61-35-103. Contractor to be paid during progress of work - Retainage - Failure to pay -

Rate of interest - Investment of retainage.

If the contractor to whom a contract is let properly performs the work designated in the

contract, the board, at least once in each calendar month during the continuance of the contract

work, shall meet and receive and consider estimates furnished by the agent, engineer, or

architect acting for the district or if not so furnished, then by the contractor, and shall allow such

estimates in an amount of the estimated value of the labor and material furnished upon the

contract, and of the material then upon the ground for use in the contract, subject to retentions

as follows: ten percent of each estimate presented until such time as the project is fifty percent

completed, with no further retainage on estimates during the continuance of the contract. Upon

completion of ninety-five percent of the contract according to the estimates, the board may pay

to the contractor ninety-five percent of the amount retained from previous estimates. Any

amount retained after ninety-five percent completion of the contract must be paid to the

contractor in such amounts and at such times as are approved by the district, upon estimates by

its agent, engineer, or architect or the contractor, with final payment of all moneys due to the

contractor to be made immediately following completion and acceptance of the project.

Immediately after considering and allowing any such estimate, the board shall certify and

forward the same to the district treasurer or other official having the power to draw bonds, who

forthwith shall draw a warrant upon the proper fund and transmit the same promptly to the

contractor. If the board fails or neglects to receive and allow such estimate or certify any

estimate or final payment upon completion and acceptance or the proper officer required to

issue such warrant fails or neglects to issue a warrant as provided in this section, for a period of

more than thirty days from the date of such estimate or completion date, then the estimate or

final payment, together with any retainage properly payable, draws interest from its date at the

rate per annum of two percentage points below the Bank of North Dakota prime interest rate as

set thirty days from the date of such estimate or completion date until the issuance of a proper

warrant. Interest must be computed and added to the face of the estimate, final payment, or

retainage by the officer required to issue the warrant, must be included in the warrant when

drawn, and must be charged to the fund from which payment for the improvement is to be

made. On the amounts of estimates retained, as provided in this section, the board, authorized

committee, or public body in charge of the work may invest or deposit the retained amounts in

any financial association or institution in this state earning interest or dividends for the benefit of

the contractor. Any amounts so invested or deposited must remain in the name of the board,

authorized committee, or public body in charge of the work until final payment of all money due

to the contractor is to be made. Further, a contractor may not use or pledge such amount in any

manner until released and received by the contractor upon completion of the contract.
N.D. Cent. Code § 61-04.1-32 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-32
61-04.1-32. County budget may be waived for first appropriation - Conditions
Status: in_force

61-04.1-32. County budget may be waived for first appropriation - Conditions

The provisions of chapter 11-23 shall not apply to appropriations made under the provisions

of this chapter. However, immediately after a weather modification authority has been created

by resolution of the board of county commissioners, and after certification of a mill levy by the

weather modification authority, and only for the initial or first appropriation for the authority, the

board of county commissioners may appropriate from moneys, not otherwise appropriated, in

the general fund, such moneys as are necessary for carrying out the provisions of this chapter.

However, the appropriation shall not exceed an amount equal to what funds would be raised by

a seven-mill levy upon the taxable valuation of the property in the county.
N.D. Cent. Code § 61-16.1-53 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-53
61-16.1-53. Removal of a noncomplying dike, dam, or other device - Notice and hearing - Appeal - Injunction
Status: in_force

61-16.1-53. Removal of a noncomplying dike, dam, or other device - Notice and

hearing - Appeal - Injunction.

1. Upon receipt of a complaint of unauthorized construction of a dike, dam, or other

device for water conservation, flood control, regulation, watershed improvement, or

storage of water, the water resource board shall promptly investigate and make a

determination thereon. If the board determines that a dike, dam, or other device has

been established or constructed by a landowner or tenant contrary to this title or any

rules adopted by the board, the board shall notify the landowner by certified mail at the

landowner's post-office address of record. A copy of the notice must also be sent to the

tenant, if any. The notice must specify the nature and extent of the noncompliance and

must state that if the dike, dam, or other device is not removed within the period the

board determines, but not less than fifteen days, the board shall cause the removal of

the dike, dam, or other device and assess the cost of the removal, or the portion the

board determines, against the property of the landowner responsible. The notice must

also state that the affected landowner, within fifteen days of the date the notice is

mailed, may demand, in writing, a hearing upon 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 immediately apply

to the appropriate district court for an injunction prohibiting the landowner or tenant

from constructing or maintaining the dike, dam, or other device, or ordering the

landowner to remove the dike, dam, or other device. 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 proportion to the

responsibility of the landowners. If a complaint is frivolous in the discretion of the

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

complainant.

2. Following removal of an unauthorized dike, dam, or other device, 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 § 61-35-63 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-63
61-35-63. Appeal to department of water resources
Status: in_force

61-35-63. Appeal to department of water resources

Within ten days after the hearing under section 61-35-62, affected landowners and any

political subdivision subject to assessment, having not less than twenty-five percent of the

possible votes as determined under section 61-35-60, who believe that the assessment has not

been fairly or equitably made, or that the project is not properly located or designed, may appeal

to the department of water resources by petition, to review the assessments and examine the

location and design of the proposed project. Upon receipt of a petition, the department shall

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

appears that the assessments have not been made equitably, the department may correct the

assessments, and the department's correction and adjustment of assessments is final. If it

appears to the department the project has been located or designed improperly, the department

may order a relocation and redesign, which must be followed in the construction of the proposed

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

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

no benefit from the project may appeal to the department the question of whether there is any

benefit. The appeal must be filed with the department within ten days after the hearing on

assessments in section 61-35-62. The department may not determine the specific amount of

benefit upon an appeal by an individual landowner or political subdivision but may determine

only if there is any benefit to the landowner or political subdivision. The determination of the

department upon the appeal is final.
N.D. Cent. Code § 61-24.6-11 — ND Code / Title 61 / Chapter 61-24.6 / Section 61-24.6-11
61-24.6-11. Commission has authority to sell property
Status: in_force

61-24.6-11. Commission has authority to sell property

If the state water commission determines property acquired for the northwest area water

supply project is no longer necessary for project purposes and the unnecessary parcel is five

contiguous acres [2.03 hectares] or less, sections 54-01-05.2 and 54-01-05.5 do not apply. The

commission shall have the authority to sell, transfer, or exchange the unnecessary parcel to the

current owner of the parent parcel from which the unnecessary parcel was taken. If the parent

parcel's current owner does not accept the commission's offer within sixty days, the commission

may offer the property to any other adjacent property owner for a period of sixty days. If no

offers are accepted within sixty days, the property sale will be governed by sections 54-01-05.2

and 54-01-05.5.
N.D. Cent. Code § 61-06-22 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-22
61-06-22. Directors and officers - Salary, mileage, and expenses
Status: in_force

61-06-22. Directors and officers - Salary, mileage, and expenses

The compensation for each director per day while performing duties as a member of the

board must be fixed by the board of directors but may be no more than sixty-two dollars and fifty

cents per day. The allowance for meals and lodging expenses must be at the same rate and

under the same conditions as provided for state officials and employees. The allowance for

travel expenses must be at the same rate as provided by section 11-10-15 and must be

evidenced by a subvoucher or receipt in a manner determined by the board of directors. The

salary of the secretary, assessor, and treasurer must be determined by the board of directors.
N.D. Cent. Code § 61-24.8-34 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-34
61-24.8-34. County treasurer to certify and receipt for amount of special assessments collected - Contents of certificate - Procedure for abatement
Status: in_force

61-24.8-34. County treasurer to certify and receipt for amount of special assessments

collected - Contents of certificate - Procedure for abatement.

Special assessments of any kind certified to the county auditor by the district treasurer must

be paid to the county treasurer and included in the receipt required by section 57-20-08. If the

county treasurer receives less than the full amount of taxes and special assessments due at any

time on any lot or tract of real estate, the county treasurer shall allocate the amount of such

payment between taxes and special assessments in proportion to the respective amounts of

taxes and special assessments which are then due. When prorating any tax payment received

before October fifteenth, the term "due", as it pertains to real estate taxes, includes only the first

installment of real estate taxes. Special assessments are not subject to abatement or refund by

proceedings under chapter 57-32 but may be reviewed and corrected only in the manner and

upon the conditions provided in chapter 40-26. The county treasurer, at the time set by law for

the payment to the district treasurer of all the taxes and special assessments collected during

the preceding month, shall certify the amounts of special assessments collected. The certificate

must state specifically the lot or known subdivision as it appears on the tax books of the county

treasurer; the block, addition, amount collected, and amount credited to each lot or known

subdivision; and the year for which the sum was collected. The certificate must be furnished to

the district treasurer.
N.D. Cent. Code § 61-41-06 — ND Code / Title 61 / Chapter 61-41 / Section 61-41-06
61-41-06. Garrison diversion unit
Status: in_force

61-41-06. Garrison diversion unit

The Garrison diversion unit has extensive federal facilities that have been constructed. It is

the intent of the legislative assembly that the state water commission and Garrison Diversion

Conservancy District begin discussions with the bureau of reclamation concerning the Garrison

diversion unit facilities.
N.D. Cent. Code § 61-24-06 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-06
61-24-06. Meetings of the board - Quorum - Board to adopt rules, regulations, and bylaws
Status: in_force

61-24-06. Meetings of the board - Quorum - Board to adopt rules, regulations, and

bylaws.

The board of directors of the district shall adopt such rules and regulations and bylaws for

the conduct of the business affairs of the district as the board deems necessary, including the

time and place of regular meetings of the board. The board shall elect from its number a

chairman and vice chairman. The board shall also elect a secretary and a treasurer, which

offices may be held by the same person, and either or both offices may be held by someone not

a member of the board. Special meetings may be called by the secretary on order of the

chairman of the board or upon the written request of the majority of the qualified members of the

board. Notice of a special meeting shall be mailed to each member of the board at least six

days before such meetings, provided, that a special meeting may be held at any time when all

members of the board are present or consent thereto in writing. A majority of the members of

the board of directors shall constitute a quorum for the transaction of business, but any number

may adjourn the meeting for want of a quorum.
N.D. Cent. Code § 61-35-48 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-48
61-35-48. Power of district to defray expense of improvements by special assessments
Status: in_force

61-35-48. Power of district to defray expense of improvements by special

assessments.

Upon complying with this chapter, a district may defray the expense of any or all of the

improvements by special assessments, including the construction of all or part of a water supply

system or a sewerage system, or both, or any improvement, extension, or replacement of such

systems, including the construction and erection of wells, intakes, pumping stations, settling

basins, filtration plants, standpipes, water towers, reservoirs, water mains, sanitary and storm

sewer mains and outlets, facilities for the treatment and disposal of sewage and other district,

industrial, and domestic wastes, and all other appurtenances, contrivances, and structures used

or useful for a complete water supply and sewerage system. In planning an improvement

project, the board may include in the plans any and all items of work and materials which in its

judgment are necessary or reasonably incidental to the completion of an improvement project of

that type.
N.D. Cent. Code § 61-01-25 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-25
61-01-25. Penalty
Status: in_force

61-01-25. Penalty

Any person violating any of the provisions of this chapter or any rule or regulation of the

department of water resources for which another penalty is not specifically provided is guilty of a

class B misdemeanor.
N.D. Cent. Code § 61-40-15 — ND Code / Title 61 / Chapter 61-40 / Section 61-40-15
61-40-15. Western area water supply authority accrued and unpaid interest
Status: in_force

61-40-15. Western area water supply authority accrued and unpaid interest

All accrued and unpaid interest on the twenty-five million dollar loan from the general fund

to the western area water supply authority authorized in section 3 of chapter 500 of the 2011

Session Laws must be transferred to the general fund. All accrued and unpaid interest on the

ten million dollar, twenty million dollar, and nineteen million five hundred thousand dollar loans

from the resources trust fund to the western area water supply authority must be forgiven.
N.D. Cent. Code § 61-12-11 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-11
61-12-11. Location of improvement - Variance from petition
Status: in_force

61-12-11. Location of improvement - Variance from petition

In locating an improvement, the board of flood irrigation, under the advice of the engineer,

may vary from the location described in the petition, as may be deemed advisable.
N.D. Cent. Code § 61-24.5-22 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-22
61-24.5-22. Revenues for replacement - Deposit - Use
Status: in_force

61-24.5-22. Revenues for replacement - Deposit - Use

Money derived and received by the southwest water authority from water user entities for

replacement and extraordinary maintenance of the southwest pipeline project must be

deposited by the southwest water authority in the reserve fund for replacement and must be

used to pay for replacement or extraordinary maintenance of works that are part of or

associated with the southwest pipeline project.
N.D. Cent. Code § 61-06-02 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-02
61-06-02. Directors elected subsequent to organization assume office - Time - Term
Status: in_force

61-06-02. Directors elected subsequent to organization assume office - Time - Term

The directors elected subsequent to the organization of the district shall assume the duties

of their office the first Tuesday in April after their election and shall hold office until their

successors are elected and qualified.
N.D. Cent. Code § 61-24.5-10 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-10
61-24.5-10. District budget - Tax levy
Status: in_force

61-24.5-10. District budget - Tax levy

For each taxable year through 2020, the authority may levy a tax of not to exceed one mill

annually on each dollar of taxable valuation within the boundaries of the authority for the

payment of administrative expenses of the authority, including per diem, mileage, and other

expenses of directors, expenses of operating the office, engineering, surveying, investigations,

legal, administrative, clerical, and other related expenses of the authority. All moneys collected

pursuant to the levy must be deposited to the credit of the authority and may be disbursed only

as herein provided. The board may invest any funds on hand, not needed for immediate

disbursement or which are held in reserve for future payments, in bonds of the United States,

certificates of deposit guaranteed or insured by the United States or an instrumentality or

agency thereof, and bonds or certificates of indebtedness of the state of North Dakota or any of

its political subdivisions. During the period of time in which the authority may levy one mill

annually as provided herein, any joint water resource board created pursuant to section

61-16.1-11, by or among one or more of the water resource districts in the counties which are

included in the authority, must be limited to one mill under the authority of section 61-16.1-11.
N.D. Cent. Code § 61-05-07 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-07
61-05-07. Petition for a proposed irrigation district - Where filed - Signed by whom - Contents
Status: in_force

61-05-07. Petition for a proposed irrigation district - Where filed - Signed by whom -

Contents.

A petition for a proposed irrigation district must be filed with the department of water

resources and signed by landowners of the proposed district who together own a majority of the

whole number of acres [hectares] subject to assessment for construction or other costs within

the district requesting the territory described in the petition be organized under the provisions of

this chapter. The territory must be described and included in the district, if established, by legal

governmental subdivisions of forty acres [16.19 hectares] or more unless held in fractional lots

or plotted units of lesser size, or unless portions of the territory are more readily susceptible to

irrigation from works other than those of the proposed district. The proposed district may include

lands that are not contiguous to any other lands in the proposed district. The petition must

include the name and address of each petitioner and a description of the petitioner's land, and a

map or maps showing the boundaries of the proposed district must be attached to the petition.
N.D. Cent. Code § 61-02-22 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-22
61-02-22. Acquisition of necessary property and power of condemnation
Status: in_force

61-02-22. Acquisition of necessary property and power of condemnation

The commission has full power and authority to acquire by purchase or exchange, upon

such terms and conditions as the commission determines necessary and proper, and by

condemnation in accordance with and subject to chapter 32-15 and the provisions of all laws

applicable to the condemnation of property for public use, any lands, rights, water rights of

whatever character, easements, franchises, and other property determined necessary or proper

for the construction, operation, and maintenance of works. This chapter does not require the

commission, in condemning any riparian water right, to condemn also the riparian land to which

such right may be incident. The title to all property purchased, acquired, or condemned must be

taken in the name of the commission and held in trust for, and for the use and benefit of, the

people of this state.
N.D. Cent. Code § 61-24.8-05 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-05
61-24.8-05. Power of district to defray expense of improvements by special assessments
Status: in_force

61-24.8-05. Power of district to defray expense of improvements by special

assessments.

Upon complying with this chapter, the district may defray the expense of any or all of the

improvements by special assessments, including the construction of all or part of an irrigation

water supply works or any improvement, extension, or replacement of such works, including the

construction and erection of wells, intakes, pumping stations, settling basins, filtration plants,

standpipes, water towers, canals, ditches, aqueducts, reservoirs, water mains, and outlets, and

all other appurtenances, contrivances, and structures used or useful for a central supply works.

In planning an improvement project, the board may include in the plans any and all items of

work and materials, which in its judgment are necessary or reasonably incidental to the

completion of an improvement project of that type.
N.D. Cent. Code § 61-10-22 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-22
61-10-22. Effect of change on office of director upon exclusion of lands - Vacancy - How filled
Status: in_force

61-10-22. Effect of change on office of director upon exclusion of lands - Vacancy -

How filled.

If the lands excluded from any district shall embrace the greater portion of any division of

such district, the office of director for such division shall be vacant at the expiration of ten days

from the final order of the board excluding the lands. Such vacancy shall be filled by

appointment by the other directors of the district. A director thus appointed shall hold office for

the balance of the term in which the vacancy occurs.
N.D. Cent. Code § 61-03-06 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-06
61-03-06. Records of the department
Status: in_force

61-03-06. Records of the department

The records of the department are public records. The records must show in full all permits,

certificates of completion of construction, licenses issued, actions taken on permits and

licenses, and actions or decisions of the department affecting any rights or claims to appropriate

water.
N.D. Cent. Code § 61-04.1-20 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-20
61-04.1-20. Department of water resources may create operating districts - Representation of noncontracting counties
Status: in_force

61-04.1-20. Department of water resources may create operating districts -

Representation of noncontracting counties.

The department of water resources may place any county or geographical region for which

a person contracts with the state for weather modification operations in any operational district

the department determines necessary to best provide that county or geographical region with

the benefits of weather modification. In determining the boundaries of an operating district, the

department shall consider the patterns of crops within the state, climatic patterns, and the

limitations of aircraft and other technical equipment. The department may assign any county

that has not created a weather modification authority under this chapter to an operating district

solely for the purpose of representation on the operations committee of that district.
N.D. Cent. Code § 61-24.3-19 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-19
61-24.3-19. Validation of water service contracts
Status: in_force

61-24.3-19. Validation of water service contracts

Water service contracts entered by the commission for the distribution and sale of water to

water user entities from the southwest pipeline project are confirmed and approved by the

legislative assembly. The commission may commence a special proceeding in and by which the

proceedings of the commission and the making of water service contracts are judicially

examined, approved and confirmed, or disapproved and disaffirmed. The proceeding must

comply as nearly as possible with the procedure authorized by sections 61-07-22 through

61-07-28 for irrigation district contracts. The requirements of section 40-33-16 are not applicable

to contracts between the state water commission and cities for water service and cities for water

service from the southwest pipeline project, provided the contracts were approved by the city

governing body and executed before January 1, 1999.
N.D. Cent. Code § 61-35-62 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-62
61-35-62. Assessment list to be published - Notice of hearing - Alteration of assessments - Confirmation of assessment list - Filing
Status: in_force

61-35-62. Assessment list to be published - Notice of hearing - Alteration of

assessments - Confirmation of assessment list - Filing.

After entering an order establishing the project, the district board shall cause the

assessment list to be published once each week for two successive weeks in the newspapers of

general circulation in the district and in the official county newspaper of each county in which the

benefited lands are located. The publication must include a notice of the time and place the

board will meet to hear objections to any assessment by any interested party, or an agent or

attorney for that party. The date set for the hearing must be not less than twenty days after the

first publication of the notice. At the hearing, the board may make such alterations in the

assessments as in its opinion may be just and necessary to correct any error in the assessment

but must make the aggregate of all assessments equal to the total amount required to pay the

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

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

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

assessment list and the secretary shall attach to the list a certificate that it is correct as

confirmed by the board. The secretary shall file the list in the office of the district secretary.
N.D. Cent. Code § 61-14-14 — ND Code / Title 61 / Chapter 61-14 / Section 61-14-14
61-14-14. Disposition of state lands
Status: in_force

61-14-14. Disposition of state lands

No lands belonging to the state, within the areas to be irrigated from works constructed or

controlled by the United States, or its duly authorized agencies, shall be sold except in

conformity with the classification of farm units by the United States, and the title to such lands

shall not pass from the state until the applicant therefor shall have complied fully with the

provisions of the laws of the United States and the regulations thereunder concerning the

acquisition of the right to use water from such works and shall produce the evidence thereof

duly issued. After the withdrawal of lands by the United States for any irrigation project, no

application for the purchase of state lands within the limits of such withdrawal shall be accepted,

except upon the conditions prescribed in this section. Any state lands needed by the United

States for irrigation works shall be sold to the United States at the lowest price authorized by

law.
N.D. Cent. Code § 61-24.8-17 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-17
61-24.8-17. Assessment list to be published - Notice of hearing - Alteration of assessments - Confirmation of assessment list - Filing
Status: in_force

61-24.8-17. Assessment list to be published - Notice of hearing - Alteration of

assessments - Confirmation of assessment list - Filing.

After entering an order establishing the project, the board shall cause the assessment list to

be published once each week for two successive weeks in the official county newspaper of each

county in which the benefited lands are located and in local newspapers of general circulation in

the area of the affected lands. The publication must include a notice of the time and place the

board will meet to hear objections to any assessment by any interested party or an agent or

attorney for that party. Publication of the assessment list is not required if the board mails the

assessment list and the time and place of the hearing to each affected landowner. The date set

for the hearing must be not less than fourteen days after the mailing or first publication of the

notice. At the hearing, the board may make such alterations in the assessments as in its opinion

may be just and necessary to correct any error in the assessment but must make the aggregate

of all assessments equal to the total amount required to pay the entire cost of the work for which

the assessments are made or the part of the cost to be paid by special assessment. An

assessment may not exceed the benefit as determined by the board to the parcel of land

assessed. The hearing is not required if the board receives written consent from each affected

landowner to the levy of assessments. The board then shall confirm the assessment list and the

secretary shall attach to the list a certificate that it is correct as confirmed by the board. The list

must be filed in the office of the district secretary.
N.D. Cent. Code § 61-16-39 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-39
61-16-39. Filing appeal - Docketing and hearing appeals - Final judgment and sending back
Status: repealed

61-16-39. Filing appeal - Docketing and hearing appeals - Final judgment and sending

back.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-14-16 — ND Code / Title 61 / Chapter 61-14 / Section 61-14-16
61-14-16. Willfully allowing water to flow or fall upon roadway prohibited - Penalty
Status: in_force

61-14-16. Willfully allowing water to flow or fall upon roadway prohibited - Penalty

No person may place, erect, or operate a sprinkler irrigation system, center pivot irrigation

system, or other irrigation works or equipment upon or across any highway, street, or road or in

such a manner as to willfully allow water from the irrigation works or equipment to flow or fall

upon any highway, street, or road. This section does not apply to the transportation of irrigation

works or equipment upon a highway, street, or road. A person violating this section is guilty of an

infraction.
N.D. Cent. Code § 61-16.1-61 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-61
61-16.1-61. Water resource districts - Assumption of assets and liabilities of drain boards
Status: in_force

61-16.1-61. Water resource districts - Assumption of assets and liabilities of drain

boards.

Beginning on July 1, 1981, each water resource district shall assume all assets, liabilities,

and obligations of any county drain board whose territory is included within the boundaries of

the district. When the jurisdiction of any county drain board is included within two or more

districts, the county auditor shall determine the apportionment of any assets, liabilities, and

obligations. Such apportionment shall be based on the proportionate amount of taxable

valuation included in each district, except that special assessment projects and funds, property

interests, and physical assets attached to the land shall be assumed by the district in which the

project is located. Property interests and physical assets attached to the land shall be assumed

by the district in which they are located. Prior to February 1, 1983, and for review by each

affected water resource board, each water resource district and county drain board shall have a

certified public accountant prepare a final audit of its financial records, including all special

assessment funds and obligations, assets, and other liabilities. All necessary actions to

accomplish the transfer of assets and obligations under this section shall be complete prior to

January 1, 1982.
N.D. Cent. Code § 61-07-10 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-10
61-07-10. Expense of purchasing and acquiring property and constructing irrigation works - Insufficiency of bonds
Status: in_force

61-07-10. Expense of purchasing and acquiring property and constructing irrigation

works - Insufficiency of bonds.

The cost and expense of purchasing and acquiring property and of purchasing or

constructing the irrigation works and improvements mentioned in this chapter shall be paid out

of funds raised for such purpose. In case bonds, or the proceeds from the sale of any series of

bonds, are insufficient for the purpose for which they were issued, additional bonds may be

issued after submission of the question, at a general or special election, to the electors of the

district. Additional improvement warrants may be issued to supplement warrants already

authorized and issued. Such bonds and improvement warrants must be paid in the order of their

priority.
N.D. Cent. Code § 61-24.5-16 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-16
61-24.5-16. Procedure for exclusion from authority of county not benefited
Status: in_force

61-24.5-16. Procedure for exclusion from authority of county not benefited

1. Any county in the authority not benefited or not to be benefited, in whole or in part, by

the southwest pipeline project, or any part thereof, may be excluded from the authority

as provided herein. The board of county commissioners of any such county may by

resolution direct the county auditor and the chairman of the board to file with the board

of directors of the authority a petition, for and on behalf of the county, requesting the

board of directors of the authority to exclude such county therefrom. A certified copy of

the resolution of the county board must accompany and be filed with such petition. The

petition and resolution must state specific reasons why such county will not be

benefited by the southwest pipeline project, or any part thereof.

2. Within sixty days from the date of filing said resolution and petition for exclusion from

the authority, the authority board shall meet to consider such petition. It may grant

such petition or it may fix a time and place for a hearing thereon. If a hearing is set, the

secretary of the board shall cause notice of the filing of such petition for exclusion, and

of the time and place for a hearing, to be published once each week for two

consecutive weeks in a newspaper of general circulation printed within the authority.

The hearing mentioned in such notice must be held not less than ten nor more than

twenty days after the last publication of such notice. The notice must state that any

person, corporation, limited liability company, municipality, and county in the authority

may appear or be represented at the hearing and show cause why the petition should

or should not be granted. The board shall hear the petition at the time and place

mentioned in the notice.

3. If after the hearing on the petition the authority board of directors shall determine that

the county requesting to be excluded from the authority will not be benefited, the

authority board shall by resolution grant the petition and shall direct the chairman and

secretary to execute the order of the board excluding such county from the authority.

If, however, the authority board shall decide that such county will be benefited, it shall

deny the petition and direct the chairman and secretary to execute its order refusing to

exclude such county from the authority. A county excluded from the authority is not

liable for any obligations thereof incurred after exclusion but is liable for and shall pay

to the authority taxes levied before exclusion.

4. If any contract has been made with the United States or any agency thereof, or the

state of North Dakota or any agency thereof, before such petition is filed, such petition

may not be granted unless consented thereto by the appropriate agency of the United

States or North Dakota, and if such agency gives its consent upon condition, such

conditions must be included in the order of exclusion and the county may be required

to, and in that event such county shall continue to, pay and satisfy any obligations

under any such contract.
N.D. Cent. Code § 61-02-43 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-43
61-02-43. Commission may hold hearings relating to rights of claimants - Notice - Findings made
Status: in_force

61-02-43. Commission may hold hearings relating to rights of claimants - Notice -

Findings made.

The commission may hold hearings relating to the rights of respective claimants after first

giving such notice as it deems appropriate, and it may make findings of the date and quantity of

appropriation and use of all claimants, which it shall recognize and observe in diverting the

waters which it owns. The commission may police and distribute to the owner of any such

recognized appropriation the waters due the owner upon request of such owner and under

terms agreed upon.
N.D. Cent. Code § 61-04.1-29 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-29
61-04.1-29. Creation of weather modification authority by election
Status: in_force

61-04.1-29. Creation 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 the office of governor at the last preceding

gubernatorial election, requesting an election upon the establishment of a weather modification

authority is presented to the board of county commissioners, not later than forty-five 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, by resolution,

establish a weather modification authority as described in section 61-04.1-23 with all powers set

out in this chapter, including the power to certify a tax levy as provided by section 61-04.1-26.
N.D. Cent. Code § 61-12-09 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-09
61-12-09. Examinations and surveys - Authority to enter lands
Status: in_force

61-12-09. Examinations and surveys - Authority to enter lands

For the purpose of making examinations or surveys or getting the necessary information for

the preparation of plans and specifications, the board of flood irrigation, its engineers or

employees, may enter upon any lands deemed proper and necessary.
N.D. Cent. Code § 61-16-36 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-36
61-16-36. Appeal from decision of commission or board of commissioners - Undertaking - Jurisdiction
Status: repealed

61-16-36. Appeal from decision of commission or board of commissioners -

Undertaking - Jurisdiction.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-04.1-39 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-39
61-04.1-39. Payment for weather modification - State to provide funds
Status: in_force

61-04.1-39. Payment for weather modification - State to provide funds

Any weather modification authority or person that contracted with the department of water

resources for weather modification operations under this chapter shall appropriate to the water

commission fund the amount determined by the department to be necessary to provide that

weather modification authority or person with weather modification operations. The department

may expend, from the water commission fund, the funds the department deems necessary to

provide a contracting weather modification authority or person with weather modification

operations.
N.D. Cent. Code § 61-24.3-10.1 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-10.1
61-24.3-10.1. Deposits of income
Status: in_force

61-24.3-10.1. Deposits of income

All income derived from the lease and management of lands acquired by the state water

commission for the southwest pipeline project must be deposited in the resources trust fund.
N.D. Cent. Code § 61-02-68.18 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.18
61-02-68.18. Protection of service during term of guarantee or loan
Status: in_force

61-02-68.18. Protection of service during term of guarantee or loan

1. The service provided or made available by owners of water projects 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 owners of water projects from the

commission or any other state entity, may not be curtailed or limited by inclusion of all

or any part of the area served by the owners of water projects within the boundaries of

any other owners of water projects, or by the granting of any private franchise for

similar service within the area served by the owners of water projects, during the term

of the guarantee or loan. The owners of water projects providing the service may not

be required to obtain or secure a franchise, license, or permit as a condition of

continuing to serve the area if it is included within the boundaries of another owner of a

water project during the term of the guarantee or loan.

2. Under the circumstances described in subsection 1, nothing prevents the two owners

of water projects and the commission or other state entity from negotiating an

agreement for the right or obligation to provide the service in question, provided that

an agreement is invalid unless the commission 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 notes of the commission

issued to fund the loan.
N.D. Cent. Code § 61-04-27 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-27
61-04-27. Information filed with department of water resources - Installation of measuring devices
Status: in_force

61-04-27. Information filed with department of water resources - Installation of

measuring devices.

By March thirty-first of each year, permitholders shall file with the department of water

resources, on forms supplied by the department, water use and other information as the

department requires. The department also may require permitholders to install measuring

devices conforming to the department's specifications, at all points specified by the department.
N.D. Cent. Code § 61-28.1-02 — ND Code / Title 61 / Chapter 61-28.1 / Section 61-28.1-02
61-28.1-02. Definitions
Status: in_force

61-28.1-02. Definitions

As used herein, unless the context or subject matter otherwise requires:

1. "Contaminant" means any physical, chemical, biological, or radiological substance or

matter in water.

2. "Department" means the department of environmental quality.

3. "Maximum contaminant level" means the maximum permissible level of contaminant in

water which is delivered to any user of a public water system.

4. "Person" means any individual, corporation, limited liability company, company,

association, partnership, or municipality.

5. "Public water system" means a system for the provision to the public of piped water for

human consumption, if such system has at least fifteen service connections or

regularly serves at least twenty-five individuals, and includes:

a. Any collection, treatment, storage, or distribution facilities under control of the

operator of such system and used primarily in connection with such system.

b. Any collection or pretreatment storage facilities not under such control which are

used primarily in connection with such system.

6. "Supplier of water" means any person who owns or operates a public water system.
N.D. Cent. Code § 61-16.1-41 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-41
61-16.1-41. Permit to drain waters required - Penalty
Status: repealed

61-16.1-41. Permit to drain waters required - Penalty

Repealed by S.L. 1987, ch. 642, § 13.
N.D. Cent. Code § 61-15-03 — ND Code / Title 61 / Chapter 61-15 / Section 61-15-03
61-15-03. Water and wildlife conservation projects - Supervision
Status: in_force

61-15-03. Water and wildlife conservation projects - Supervision

The authority, control, and supervision of all water and wildlife conservation projects and

wildlife reservations is vested in the department of water resources. The department may accept

cooperation, aid, and assistance from the United States of America, its instrumentalities or

agencies, in the construction, maintenance, and operation of any structure for the purposes set

forth in this chapter, and may do any act necessary to make aid, assistance, and cooperation

from the federal government available. The department may grant easements to the United

States of America, its instrumentalities or agencies, as may be required.
N.D. Cent. Code § 61-24.5-17 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-17
61-24.5-17. Appeal from orders of authority board
Status: in_force

61-24.5-17. Appeal from orders of authority board

An appeal from an order of the board of directors of the authority denying a petition for

exclusion may be taken to the district court of the petitioning county. The appeal provided for

herein must be taken within thirty days after the order of the authority board has been filed with

the secretary thereof and public notice of such order has been made. The appeal must be taken

by serving notice of appeal upon the secretary of the authority. The appeal must be docketed as

any cause pending in district court is docketed and thereupon the court shall have and exercise

original jurisdiction and shall hear and determine the cause de novo without a jury. An appeal to

the supreme court may be taken by the petitioning county or by the authority, from any judgment

entered therein in district court, and from any order of said court if an appeal would lie from such

order if entered by the court in a civil action.
N.D. Cent. Code § 61-16.1-13 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-13
61-16.1-13. Master plans
Status: repealed

61-16.1-13. Master plans

Repealed by S.L. 1985, ch. 678, § 2.
N.D. Cent. Code § 61-24-19.1 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-19.1
61-24-19.1. Permanent easements - Limitations
Status: in_force

61-24-19.1. Permanent easements - Limitations

The district's use of the permanent easement property is restricted solely to the

construction, operation, and maintenance of facilities authorized by law. The district may not

rent, sell, or assign the rights to a permanent easement, except may reserve the right to assign

the permanent easement to the state of North Dakota if necessary for the operation and

maintenance of a public water pipeline. If the district ceases operation, all permanent

easements must be transferred to the public water system receiving a beneficial use from the

water pipelines and other facilities. If no public water system exists, all permanent easements

must transfer to the state. The state or public water system shall assume full responsibility for all

easement activities and responsibilities, including any environmental remediation obligations.
N.D. Cent. Code § 61-16.2-01 — ND Code / Title 61 / Chapter 61-16.2 / Section 61-16.2-01
61-16.2-01. Legislative intent and purpose
Status: in_force

61-16.2-01. Legislative intent and purpose

The legislative assembly finds and declares that a large portion of the state's land resources

is subject to recurrent flooding by overflow of streams and other watercourses causing loss of

life and property, disruption of commerce and governmental services, unsanitary conditions, and

interruption of transportation and communications, all of which are detrimental to the health,

safety, welfare, and property of the occupants of flooded lands and the people of this state. The

legislative assembly further finds that public interest necessitates that the floodplains of this

state be developed in a manner which will alleviate loss of life and threat to health, and reduce

private and public economic loss caused by flooding.

It is the policy of this state and the purpose of this chapter to guide development of the

floodplains of this state in accordance with the enumerated legislative findings, to reduce flood

damages through sound floodplain management, stressing nonstructural measures such as

floodplain zoning and floodproofing, acquisition and relocation, and flood warning practices; and

to ensure as far as practicable that the channels and those portions of the floodplains of

watercourses which are the floodways are not inhabited and are kept free and clear of

interference or obstructions which may cause any undue restriction of the capacity of the

floodways.

It is also the policy of this state and purpose of this chapter to provide state coordination

and assistance to communities in floodplain management activities, to encourage communities

to adopt, administer, and enforce sound floodplain management ordinances, and to provide the

department of water resources the authority necessary to carry out and enforce a floodplain

management program for the state and to coordinate federal, state, and local floodplain

management activities in this state.
N.D. Cent. Code § 61-39-13 — ND Code / Title 61 / Chapter 61-39 / Section 61-39-13
61-39-13. Liability of authority for notes and bonds - Taxing power prohibited
Status: in_force

61-39-13. Liability of authority 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 their

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

holder of any such notes or bonds may not enforce payment of the notes or bonds against any

property of the authority. Notes and bonds issued under this chapter do not constitute a charge,

lien, or encumbrance upon any property of the authority, 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 § 61-33-01.1 — ND Code / Title 61 / Chapter 61-33 / Section 61-33-01.1
61-33-01.1. Ordinary high water mark determination - Factors to be considered
Status: in_force

61-33-01.1. Ordinary high water mark determination - Factors to be considered

The department of water resources shall maintain ordinary high water mark delineation

guidelines consistent with this section.

1. When determining the ordinary high water mark for delineating the boundary of

sovereign lands, vegetation and soils analysis must be considered the primary

physical indicators. When considering vegetation, the ordinary high water mark is the

line below which the presence and action of the water is frequent enough to prevent

the growth of terrestrial vegetation or restrict vegetation growth to predominately

aquatic species. Generally, land, including hay land, where the high and continuous

presence of water has destroyed the value of the land for agricultural purposes must

be deemed within the ordinary high water mark.

2. When feasible, direct hydrological and hydraulic measurements from stream gauge

data, elevation data, historic records of water flow, high resolution light detection and

ranging systems, prior elevation and survey maps, and statistical hydrological

evidence must be considered when determining the ordinary high water mark. The

department of water resources shall establish appropriate guidelines, technical

standards, and other criteria, including use of light detection and ranging systems or

other future technological advancements, as necessary, for conducting hydrologic and

hydraulic modeling required by this section.

3. Secondary physical indicators, including litter, debris, or staining, may be considered

to supplement the analysis of the ordinary high water mark investigation but may not

supersede primary physical indicators unless primary physical indicators are deemed

inadequate or inconclusive. Physical indicators directly affected by influent

non-navigable tributaries, adjoining water bodies, or wetlands may not be used to

delineate the sovereign land boundary of a navigable body of water.
N.D. Cent. Code § 61-40-14 — ND Code / Title 61 / Chapter 61-40 / Section 61-40-14
61-40-14. Western area water supply authority - Bank of North Dakota loan - Transfer
Status: in_force

61-40-14. Western area water supply authority - Bank of North Dakota loan - Transfer

The Bank of North Dakota shall transfer the outstanding principal balance of the

consolidation loan authorized in section 9 of chapter 19 of the 2017 Session Laws to the

infrastructure revolving loan fund, on August 1, 2023. Any accrued and unpaid interest of the

consolidation loan authorized in section 9 of chapter 19 of the 2017 Session Laws must be

consolidated with the principal balance of the loan transferred to the infrastructure revolving loan

fund. The loan must have an interest rate of two percent and a final maturity date not to extend

beyond July 1, 2053.
N.D. Cent. Code § 61-28-01 — ND Code / Title 61 / Chapter 61-28 / Section 61-28-01
61-28-01. Statement of policy
Status: in_force

61-28-01. Statement of policy

It is hereby declared to be the policy of the state of North Dakota to act in the public interest

to protect, maintain, and improve the quality of the waters in the state for continued use as

public and private water supplies, propagation of wildlife, fish and aquatic life, and for domestic,

agricultural, industrial, recreational, and other legitimate beneficial uses, to require necessary

and reasonable treatment of sewage, industrial, or other wastes and to cooperate with other

agencies in the state, agencies of other states, and the federal government in carrying out these

objectives.
N.D. Cent. Code § 61-32-03.2 — ND Code / Title 61 / Chapter 61-32 / Section 61-32-03.2
61-32-03.2. Smaller subsurface water management systems - Notification and conditions - Penalty
Status: in_force

61-32-03.2. Smaller subsurface water management systems - Notification and

conditions - Penalty.

Expired under S.L. 2021, ch. 490, § 4.
N.D. Cent. Code § 61-35-60 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-60
61-35-60. Voting right or powers of landowners
Status: in_force

61-35-60. Voting right or powers of landowners

In order that there may be a fair relationship between the amount of liability for assessments

and the power of objecting to the establishment of a proposed project, the voting rights of

affected landowners on the question of establishing the project are as provided in this section.

The landowner of land affected by the project has one vote for each dollar of assessment to

which the land is subject or one vote for each dollar of the assessed valuation of land

condemned for the project, as determined in accordance with title 57. The governing body of

any county, township, or city to be assessed has one vote for each dollar of assessment against

such county, township, or city. There may be only one vote for each dollar of assessment,

regardless of the number of owners of a tract of land. If more than one owner of a tract of land

exists, the votes must be prorated among them in accordance with each owner's property

interest. A written power of attorney authorizes an agent to protest a project on behalf of any

affected landowner or landowners.
N.D. Cent. Code § 61-37-14 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-14
61-37-14. Insurance or guaranty
Status: in_force

61-37-14. Insurance or guaranty

The program is authorized and empowered to obtain from any department or agency of the

United States or from nongovernmental insurer any insurance or guaranty, or from a financial

institution a letter of credit to the extent the insurance, guaranty, or letter of credit available now

or in the future for the payment or repayment of, interest or principal in whole or in part, on any

bonds issued by the program, or on any municipal securities purchased or held by the program,

or on any guarantee issued by the program, pursuant to this chapter; and to enter into any

agreement or contract with respect to any insurance or guaranty, or letter of credit, and pay any

required fee, unless doing so would impair or interfere with the ability of the program to fulfill the

terms of any agreement made with the holders of its bonds or guarantees.
N.D. Cent. Code § 61-04.1-25 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-25
61-04.1-25. Commissioners - Compensation - Meetings - Officers
Status: in_force

61-04.1-25. Commissioners - Compensation - Meetings - Officers

The appointing authority shall establish the rate of compensation for commissioners of a

weather modification authority and actual expenses incurred by commissioners may be

reimbursed at the official reimbursement rates of the appointing authority. Each commissioner

shall hold office until a successor has been appointed and has qualified. The certificates of

appointment shall be filed with the weather modification authority.

The powers of each weather modification authority shall be vested in the commissioners

thereof. A majority of the commissioners of an authority constitutes a quorum for the purpose of

conducting the business of the authority and exercising its powers and for all other purposes.

Although a majority of the commissioners constitutes a quorum, action may not be taken by the

authority except by an affirmative vote of not less than a majority of all the commissioners.

A chairman, vice chairman, and treasurer shall be elected from among the commissioners.

A weather modification authority may employ an executive director, secretary, technical experts,

and such other officers, agents, and employees, permanent and temporary, as it may require,

and shall determine their qualifications, duties, and compensation. For such legal services as it

may require, an authority may call upon the state's attorney of the county. An authority may

delegate to one or more of its agents or employees such powers or duties as it may deem

proper.

Minutes shall be kept by the secretary of official meetings and shall include all official

business such as contracts authorized and all authorizations for payment of weather

modification authority funds to persons, organizations, companies, corporations, and limited

liability companies. All disbursements shall be approved by a majority of all the commissioners

of an authority. Disbursements authorized by the authority for the payment of employee salaries,

bills, contracts, services, fees, expenses, and all other obligations shall be made by check

signed by the chairman and the treasurer of the authority. Official policies shall also be entered

into the minutes. An annual report shall be compiled with complete disclosure of funds

expended for contracts, services, fees, salaries, and all other reimbursements, a copy of which

shall be filed with the county auditor. The annual report shall be presented at a public meeting

called for such purpose.
N.D. Cent. Code § 61-15-05 — ND Code / Title 61 / Chapter 61-15 / Section 61-15-05
61-15-05. Recording or filing fees for documents required by United States or state for water or wildlife conservation project
Status: repealed

61-15-05. Recording or filing fees for documents required by United States or state

for water or wildlife conservation project.

Repealed by S.L. 1947, ch. 189, § 1.
N.D. Cent. Code § 61-08-05 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-05
61-08-05. Majority of votes favoring issuance of bonds - Duty of board
Status: in_force

61-08-05. Majority of votes favoring issuance of bonds - Duty of board

If a majority of the votes cast at a bond election are in favor of the proposal to issue bonds

as stated in the initial resolution, the board of directors shall proceed to sell, issue, and deliver

such bonds as provided in this chapter.
N.D. Cent. Code § 61-04-06.3 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-06.3
61-04-06.3. Priority
Status: in_force

61-04-06.3. Priority

Priority in time gives the superior water right. Priority of a water right acquired under this

chapter dates from the filing of an application with the department of water resources, except for

water applied to domestic or livestock purposes, or fish, wildlife, and other recreational uses in

which case the priority date must relate back to the date when the quantity of water in question

was first appropriated, unless otherwise provided by law.

Priority of appropriation does not include the right to prevent changes in the condition of

water occurrence, such as the increase or decrease of streamflow, or the lowering of a water

table, artesian pressure, or water level, by later appropriators, if the prior appropriator can

acquire reasonably the prior appropriator's water under the changed conditions.
N.D. Cent. Code § 61-02-53 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-53
61-02-53. Issuance and sale of bonds - Proceeds from sale - Use
Status: in_force

61-02-53. Issuance and sale of bonds - Proceeds from sale - Use

The bonds authorized under this chapter may be issued and sold from time to time and in

amounts determined by the commission. The commission may, subject to the provisions of

section 61-02-48, provide for the sale of the bonds in such manner and for such price as it may

determine to be for the best interests of the state. The proceeds of the bonds shall be used

solely for the payment of the cost of works authorized by this chapter plus costs of issuance,

interest during construction, and any reasonably required reserve funds, and shall be paid out in

such manner and under such restrictions as the commission may provide.
N.D. Cent. Code § 61-03-17 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-17
61-03-17. Parties to and costs of suit for adjudication of water rights
Status: in_force

61-03-17. Parties to and costs of suit for adjudication of water rights

In any suit for the determination of a right to the use of the waters of any stream system, all

persons that claim the right to use the waters must be made parties, and the department shall

provide the court a complete hydrographic survey of the stream system. The cost of the suit

including the litigation and survey costs incurred by the state must be charged to each of the

private parties to the suit in proportion to the amount of the water right allotted.
N.D. Cent. Code § 61-35-39 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-39
61-35-39. Liability of district for bonds - Taxing power prohibited - Bond not a lien
Status: in_force

61-35-39. Liability of district for bonds - Taxing power prohibited - Bond not a lien

Revenue and refunding bonds issued under this chapter may not be payable from or

charged upon any funds other than the revenue pledged to their payment and the district issuing

the bonds may not be subject to any pecuniary liability. The holder of any such bonds may not

enforce payment of the bonds against any property of the district. Bonds issued under this

chapter do not constitute a charge, lien, or encumbrance upon any property of the district. Each

bond issued under this chapter must recite in substance that the bond, and interest on the bond,

is payable solely from the revenue pledged to the payment and that the bond does not

constitute a debt of the district within the meaning of any constitutional or statutory limitation.
N.D. Cent. Code § 61-02-06 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-06
61-02-06. Principal and branch offices of commission
Status: in_force

61-02-06. Principal and branch offices of commission

The commission shall maintain its principal office in the city of Bismarck and may maintain

such branch offices in the state as it may determine.
N.D. Cent. Code § 61-32-02 — ND Code / Title 61 / Chapter 61-32 / Section 61-32-02
61-32-02. Definitions
Status: repealed

61-32-02. Definitions

Repealed by S.L. 1995, ch. 599, § 3.
N.D. Cent. Code § 61-08-40 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-40
61-08-40. Provisions relating to payment of bonds applicable to refunding bonds
Status: in_force

61-08-40. Provisions relating to payment of bonds applicable to refunding bonds

All provisions of law relating to the assessment in irrigation districts and the collection

thereof for the purpose of raising funds for the payment of bonds of an irrigation district shall be

applicable to bonds issued under the provisions of sections 61-08-34 through 61-08-39.
N.D. Cent. Code § 61-35-56 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-56
61-35-56. District engineer to retain copy of plans, specifications, and estimates - Sale of copies
Status: in_force

61-35-56. District engineer to retain copy of plans, specifications, and estimates -

Sale of copies.

The engineer acting for the district shall retain a copy of the plans, specifications, and

estimates that have been prepared for any improvement. The engineer shall furnish copies at

the request of any person at a reasonable cost.
N.D. Cent. Code § 61-35-21 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-21
61-35-21. Inactive district dissolved
Status: in_force

61-35-21. Inactive district dissolved

A petition may be filed with the department of water resources requesting the department to

dissolve an inactive district. The petition must:

1. List all real and personal property of any kind exclusive of records, maps, plans, and

files and state all of its debts and obligations have been paid fully.

2. State the district is not functioning and probably will continue to be inoperative.

3. Be signed by three-fourths of the members of the district.
N.D. Cent. Code § 61-04.1-16 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-16
61-04.1-16. Permit required - Issuance of permit - Fee
Status: in_force

61-04.1-16. Permit required - Issuance of permit - Fee

1. A weather modification permit is required for each geographical area, as set out in the

operational plan required by subdivision b, in which a person intends to conduct

weather modification operations. Each permit issued by the department of water

resources expires on December thirty-first of the year of issuance. A person applying

for a weather modification operational permit shall file an application with the

department, in such form as the department prescribes, which application must be

accompanied by an application fee of twenty-five dollars and contain such information

as the department, by rule, may require, and in addition, each applicant for a permit

shall:

a. Furnish proof of financial responsibility as provided by section 61-04.1-19.

b. Set forth a complete operational plan for the proposed operation which must

include a specific statement of its nature and object, a map of the proposed

operating area which specifies the primary target area for the proposed operation

and shows the area that is reasonably expected to be affected by such operation,

a statement of the approximate time during which the operation is to be

conducted, a list of the materials and methods to be used in conducting the

operation, and such other detailed information as may be needed to describe the

operation.

2. The department may issue the permit if it determines that:

a. The applicant holds a valid weather modification license issued under this

chapter.

b. The applicant has furnished satisfactory proof of financial responsibility in

accordance with section 61-04.1-19.

c. The applicant has paid the required application fee.

d. The operation:

(1) Is reasonably conceived to improve water quantity or quality, reduce loss

from weather hazards, provide economic benefits for the people of this

state, advance scientific knowledge, or otherwise carry out the purposes of

this chapter.

(2) Is designed to include adequate safeguards to minimize or avoid possible

damage to the public health, safety, welfare, or the environment.

(3) Will not adversely affect another operation for which a permit has been

issued.

e. The applicant has North Dakota workforce safety and insurance coverage for all

employees working in this state.

f. The applicant has furnished a performance bond as required by section

61-04.1-34.

g. The applicant has complied with such other requirements for the issuance of

permits as may be required by the rules of the department.

h. The applicant has furnished a bid bond.

i. The applicant has registered, with the North Dakota aeronautics commission, any

aircraft intended to be used in connection with the operation.

To carry out the objectives and purposes of this chapter, the department may condition

and limit permits as to primary target areas, time of the operation, materials,

equipment, and methods to be used in conducting the operation, emergency shutdown

procedure, emergency assistance, and such other operational requirements as may

be established by the department.

3. The department may issue only one permit at a time for operations in any

geographical area if two or more operations conducted in such an area according to

permit limitations might adversely interfere with one another.

4. All permit fees collected by the department must be paid into the general fund of the

state treasury.
N.D. Cent. Code § 61-12-05 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-05
61-12-05. Legal adviser of board of flood irrigation
Status: in_force

61-12-05. Legal adviser of board of flood irrigation

The state's attorney of each county, as far as the state's attorney's other duties will permit,

shall act as the legal adviser of the board of irrigation control. The board, however, by and with

the consent of the board of county commissioners, may employ other counsel to advise and

represent it in its proceedings.
N.D. Cent. Code § 61-04.1-22.1 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-22.1
61-04.1-22.1. Temporary weather modification authority
Status: in_force

61-04.1-22.1. Temporary weather modification authority

The board of county commissioners of any county that has no weather modification

authority may create a temporary weather modification authority by setting a time and place for

a public hearing, publishing at least ten days before the hearing notice of the hearing in the

official newspaper of the county, and after the public hearing, approving establishment of the

authority by majority vote. Upon approval, the board of county commissioners shall designate a

water resource district to serve as the temporary weather modification authority. The designated

district has all the powers granted to a weather modification authority under sections 61-04.1-23

through 61-04.1-32.

A temporary weather modification authority created under this section may conduct weather

modification operations within the county for up to four years from the date of the creation of the

temporary authority. To continue operating beyond the four-year period, the temporary authority

must be made permanent in accordance with sections 61-04.1-23 through 61-04.1-32.
N.D. Cent. Code § 61-10-35 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-35
61-10-35. Outstanding bonds or improvement warrants or contractual obligations - Order excluding lands - Assent
Status: in_force

61-10-35. Outstanding bonds or improvement warrants or contractual obligations -

Order excluding lands - Assent.

If the holders of outstanding bonds or improvement warrants, or of contracts obligating the

district, consent in writing to exclusion of lands mentioned in the petition, the board of directors

may by resolution direct the chairman and the secretary of the board to execute the board's

order excluding the lands from the district. The assent in writing of holders of district bonds or

improvement warrants, or of anyone interested in a contract obligating the district, must be filed

with the secretary of the district and copied in the minutes of the board, and the minutes or a

certified copy of the minutes are admissible in evidence with the same effect as the written

assent. If assent is not given, the board shall deny and dismiss the petition. When lands are

excluded from the district, a certified copy of the order of the board must be filed in the

department of water resources and the county auditor of each county in which the excluded

lands are situated and filed and recorded in the office of the recorder of each of those counties.
N.D. Cent. Code § 61-16.1-49 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-49
61-16.1-49. Petition for a lateral drain - Bond of petitioners
Status: in_force

61-16.1-49. Petition for a lateral drain - Bond of petitioners

1. For the purposes of this section, "lateral drain" means a drain constructed after the

establishment of an original assessment drain or drainage system and which flows into

such original drain or drainage system from outside the limits of the assessed area of

the original drain; provided, that a determination by a water resource board as to

whether an existing or proposed drain is a lateral or a new drain shall be conclusive

when entered upon the records of the board.

2. All property owners whose property would be affected by a lateral drain may jointly

petition the board for the construction of such drain and shall deposit with the board a

good and sufficient bond to be approved by the board, conditioned upon the petitioner

or petitioners paying all costs of the proposed lateral drain. A petition for a lateral drain

shall be sufficient if signed by one or more property owners whose property will be

affected by the lateral drain. Whenever improvements of an original drain are made

necessary by the construction of a lateral drain, the costs of such improvements to the

original drain shall be charged as part of the cost of construction of the lateral drain

and assessed against the property benefited thereby and collected as other

assessments are collected. In the event the board determines that improvements to

the original drain are also beneficial to property served by the original drain, the board

may assess that portion of the cost of the improvements it determines appropriate to

property benefited by the original drain. Unless the petitioners agree to construct the

lateral drain, the board, within ten days, may commence proceedings for the

construction of the lateral drain according to the provisions of this chapter. No person

shall dig or construct any lateral ditch or drain which will conduct the flow of water from

any land or lands into any drain constructed under the provisions of this chapter,

except as provided in this section and with approval of the board. In all instances

involving the construction of a lateral drain, the board shall estimate and determine the

proportionate share of the cost of the main or original drain which should be paid by

the petitioners. The petitioners shall pay into the district treasury the amount so

determined, and shall then be allowed to connect such lateral ditches or drains with

the original drain under the direction and superintendence of the board, but at their

own cost and expense. The money paid into the county treasury shall be credited to

the drainage fund of the specific drain involved.

3. If one or more of the property owners to be benefited by the construction of a lateral

drain or ditch petitions the district for the construction of a lateral drain or ditch, the

district shall then proceed in the same manner as is used for the establishment of a

new drain and thereafter such lateral drain shall constitute a part of the original drain to

which it is connected and the affected property shall be a part of such drainage district.
N.D. Cent. Code § 61-14-13 — ND Code / Title 61 / Chapter 61-14 / Section 61-14-13
61-14-13. Seepage water
Status: in_force

61-14-13. Seepage water

A person wishing to use seepage water from a constructed works shall apply to the

department of water resources for the use in the same manner as applying for a permit to use

unappropriated water and shall pay to the owner of the works a reasonable charge for the

storage or carriage of the water in the works, if the appearance of the seepage water can be

traced beyond reasonable doubt to the storage or carriage of water in the works. The

department of water resources may not issue a permit to appropriate the seepage waters until

any agreement for the payment of reasonable charges required by this section is executed.
N.D. Cent. Code § 61-16-13 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-13
61-16-13. District may issue warrants in anticipation of taxes levied to pay current expenses
Status: repealed

61-16-13. District may issue warrants in anticipation of taxes levied to pay current

expenses.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-02-51 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-51
61-02-51. How bonds may be secured
Status: in_force

61-02-51. How bonds may be secured

The bonds provided for in this chapter may be secured by works or lands, and the income

derived therefrom, and other funds as the commission may pledge, and the funds received from

the sale or disposal of water and from the operation, lease, sale, or other disposition of the

works, lands, property, and facilities to be acquired out of the proceeds of the bonds and as

provided in this chapter.
N.D. Cent. Code § 61-11-06 — ND Code / Title 61 / Chapter 61-11 / Section 61-11-06
61-11-06. Vote against dissolution of district - Subsequent election for dissolution not to be held for one year
Status: in_force

61-11-06. Vote against dissolution of district - Subsequent election for dissolution not

to be held for one year.

If a majority of the votes cast at the election are against dissolving the district and selling the

property thereof, no subsequent election upon the question of dissolution of the district shall be

held until after the expiration of at least one year.
N.D. Cent. Code § 61-29-06 — ND Code / Title 61 / Chapter 61-29 / Section 61-29-06
61-29-06. Management
Status: in_force

61-29-06. Management

Channelization, reservoir construction, or diversion other than for agricultural, recreational,

or temporary use purposes and the dredging of waters within the confines of the Little Missouri

scenic river and all Little Missouri River tributary streams are expressly prohibited. Flood control

dikes may be constructed within the floodplain of the Little Missouri River. Diking and riprapping

for bank erosion control shall be permitted within the confines of the Little Missouri scenic river.

The construction of impoundments for any purpose on the Little Missouri mainstream shall be

prohibited.

This chapter shall in no way affect or diminish the rights of owners of the land bordering the

river to use the waters for domestic purposes, including livestock watering, or any other rights of

riparian landowners.
N.D. Cent. Code § 61-16.1-23.1 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-23.1
61-16.1-23.1. Notice of letting of contracts
Status: in_force

61-16.1-23.1. Notice of letting of contracts

After the recording of percentage assessments as provided in section 61-16.1-22, the board

shall give at least ten days' notice of the time and place where contracts will be let for the

construction of the drain. The notice must be published at least once in a newspaper having

general circulation in the county.
N.D. Cent. Code § 61-02-04.1 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-04.1
61-02-04.1. Conflict of interest
Status: in_force

61-02-04.1. Conflict of interest

1. A member of the commission who has a direct or indirect personal or pecuniary

interest in a matter before the commission must disclose that fact to the commission

and may not participate in or vote on that particular matter.

2. Sections 12.1-13-02, 12.1-13-03, and 48-01.2-08 do not apply to contracts in which a

member of the commission is directly or indirectly interested if the requirements of

subsection 1 have been met.
N.D. Cent. Code § 61-06-23 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-23
61-06-23. Officers not to be interested in contract - Penalty
Status: repealed

61-06-23. Officers not to be interested in contract - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 61-32-07 — ND Code / Title 61 / Chapter 61-32 / Section 61-32-07
61-32-07. Closing a noncomplying drain - Notice and hearing - Appeal - Injunction - Frivolous complaints
Status: in_force

61-32-07. Closing a noncomplying drain - Notice and hearing - Appeal - Injunction -

Frivolous complaints.

1. Only a landowner experiencing flooding or adverse effects from an unauthorized drain

constructed before January 1, 1975, may file a complaint with the water resource

board. Any person may file a complaint about an unauthorized drain constructed after

January 1, 1975. Upon receipt of a complaint of unauthorized drainage, the water

resource board shall promptly investigate and make a determination of the facts with

respect to the complaint. If the board determines that a drain, lateral drain, or ditch has

been opened or established by a landowner or tenant contrary to this title or any rules

adopted by the board, the board shall notify the landowner by certified mail at the

landowner's post-office address of record. A copy of the notice must also be sent to the

tenant, if known. The notice must specify the nature and extent of the noncompliance

and must state that if the drain, lateral drain, or ditch is not closed or filled within a

reasonable time as the board determines, but not less than fifteen days, the board

shall procure the closing or filling of the drain, lateral drain, or ditch and assess the

cost of the closing or filling, or the portion the board determines, against the property

of the landowner responsible. The notice must also state that 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 immediately apply to the appropriate district court for an injunction

prohibiting the landowner or tenant from constructing or maintaining the drain, lateral

drain, or ditch and ordering the closure of the illegal drain. Assessments levied under

this section must be collected in the same manner as assessments authorized by

chapter 61-16.1. 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 proportion to the

responsibility of the landowners. If a complaint is frivolous in the discretion of the

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

complainant.

2. Following the closing or filling of an unauthorized 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 § 61-07-01 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-01
61-07-01. Powers and duties of irrigation district
Status: in_force

61-07-01. Powers and duties of irrigation district

Each irrigation district:

1. Shall be a body corporate.

2. Shall possess all the powers and duties usual to corporations organized for public

purposes and those conferred by the provisions of this title or which may be conferred

by law.

3. May sue and be sued in its corporate name and may institute and maintain any and all

actions and proceedings, including suits at law or in equity, necessary or proper, in

order to carry out fully the provisions of this chapter, or to enforce, maintain, protect, or

preserve any and all rights, privileges, and immunities created by this title, or acquired

in pursuance thereof.

4. May contract and be contracted with.

5. May hold, lease, own, and possess such real and personal property as shall come into

its possession by contract, conveyance, purchase, gift, or otherwise.

6. Subject to chapter 32-15, may exercise the right of eminent domain for the purpose of

acquiring right of way for ditches, flumes, canals, pipelines, and other conveyance

systems, sites for dams and reservoirs, wells and well fields, related drainage

systems, and for any other purpose or works necessary to establish and construct a

complete system of irrigation works.

In all courts, actions, suits, or proceedings, the board of directors may sue, appear and defend,

in person or by attorneys, in the name of such irrigation district.