N.D. Cent. Code § 61-08-36 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-36
61-08-36. Refunding bonds - When payable - Interest - Denominations - Interest coupons
Status: repealed

61-08-36. Refunding bonds - When payable - Interest - Denominations - Interest

coupons.

Repealed by S.L. 1997, ch. 518, § 24.
N.D. Cent. Code § 61-03-21 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-21
61-03-21. Plans of operation for reservoirs - Adequate structure
Status: in_force

61-03-21. Plans of operation for reservoirs - Adequate structure

Every water storage reservoir operator in North Dakota shall cooperate with the department

to make all water releases compatible with the best interest of the greatest number of

downstream water users and affected landowners. The department may require the reservoir

operators to maintain adequate structures and operate the structures in a manner to prevent

waste, promote the beneficial use of water, and not endanger the general health and welfare of

affected persons.
N.D. Cent. Code § 61-35-34 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-34
61-35-34. Sale of bonds - When private sale authorized - Public sale and notice
Status: in_force

61-35-34. Sale of bonds - When private sale authorized - Public sale and notice

Revenue bonds or refunding bonds must be sold at not less than ninety-eight percent of

par. The bonds may be sold at private sale without notice or at public sale after notice of the

sale has been published once at least five days before the sale in a newspaper circulating in the

district. Bonds sold at private sale must bear interest at a rate and be sold at a price resulting in

an average net interest cost not exceeding twelve percent per annum. There is no interest rate

ceiling on issues sold at public sale or to the state or any of its agencies or instrumentalities. As

to any series or issue of bonds for which a notice of sale was published but for which no bids

were received or all bids received were rejected, the board, without readvertising the bonds for

sale, may negotiate the sale of all of the bonds to any person upon terms complying with those

specified in the published notice of sale and, if bids were rejected, more favorable to the district

than those specified in the rejected bid.
N.D. Cent. Code § 61-07-27 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-27
61-07-27. Conclusion of hearing - Findings - Decree - Costs of hearing - Filing copies of findings
Status: in_force

61-07-27. Conclusion of hearing - Findings - Decree - Costs of hearing - Filing copies

of findings.

Upon the conclusion of the hearing provided for in section 61-07-24, the court shall

determine the legality and validity of the proceedings for the issuance of bonds or improvement

warrants, the making of any contract, or the levying of any assessments, as the case may be,

and shall determine the validity and legality of any other matter properly before the court. The

court shall prepare its findings of fact, conclusions of law, and any necessary order. The court

may apportion the costs of the proceeding to the parties. The secretary of the board of directors

of the district shall file with the department of water resources a certified copy of the court's

findings of fact, conclusions of law, and order.
N.D. Cent. Code § 61-16.1-39 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-39
61-16.1-39. Dams or other devices constructed within a district shall come under control of a water resource board
Status: in_force

61-16.1-39. Dams or other devices constructed within a district shall come under

control of a water resource board.

All dams, dikes, and other water conservation and flood control works or devices

constructed within any district, unless specifically exempted, are under the jurisdiction of the

water resource board for the district within which the dam, dike, works, or device exists or is to

be constructed. The district's jurisdiction over the dam, dike, works, or device does not affect the

commission's or department's authority relative to the dam, dike, works, or device. No changes

or modification of any existing dams, dikes, or other works or devices may be made without

complying fully with the provisions of this chapter.
N.D. Cent. Code § 61-09-11 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-11
61-09-11. Assessments and taxes collected by county treasurer - Manner
Status: in_force

61-09-11. Assessments and taxes collected by county treasurer - Manner

Assessments or taxes shall be collected by the county treasurer at the same time and in the

same manner as other taxes are collected in the county, except that such county treasurer shall

receive in payment to the general fund mentioned in this chapter, for the year in which the

assessment is levied, warrants drawn against such general fund as the equivalent of lawful

money of the United States, if such warrants do not exceed the amount of the general fund

assessment which the person tendering the same owes. Such county treasurer also shall

receive in payment of any assessment for any bond fund, or any improvement warrant fund,

past-due interest coupons on such bonds or warrants, as the equivalent of so much money of

the United States if such interest coupons do not exceed the amount which the person

tendering the same owes such fund. All such assessments except for the payment of principal

or interest of bonds or improvement warrants collected or received by the county treasurer shall

be paid to the treasurer of such irrigation district upon an order signed by the chairman and

secretary of the district, and all warrants received by the county treasurer in payment of

assessments, as provided in this chapter, may be turned over, as so much money, to the district

treasurer on such orders.
N.D. Cent. Code § 61-05-10 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-10
61-05-10. Hearing on petition - Notice - Determination on feasibility - Copy of determination filed - Submitted to electors
Status: in_force

61-05-10. Hearing on petition - Notice - Determination on feasibility - Copy of

determination filed - Submitted to electors.

The department of water resources shall examine the petition, maps, papers, probable cost,

and data pertaining to the proposed irrigation district and shall fix a time and place for hearing

the petition. A notice stating the petition will be heard, and stating the time and place of hearing,

must be filed with the county auditor of each county in which the proposed district is located.

The notice must be published once each week for two consecutive weeks in the newspapers of

general circulation where the district is located and in the official newspaper of each county in

which the district is located. The date set for the hearing on the petition may not be less than

twenty days after the first publication of the notice. Before the hearing the department shall

review the maps, preliminary designs, probable cost, and feasibility study and shall prepare, or

shall cause to be prepared a determination outlining the practicability and feasibility of the plan

of irrigation suggested or proposed by petitioners for the irrigation of the lands within the district.

A copy of the determination must be filed with the county auditor of each county in which the

proposed irrigation district is situated, and the determination must be open to public inspection.

The department of water resources also shall submit the determination to the electors of the

proposed district at the meeting set for hearing the petition for the organization of the proposed

district.
N.D. Cent. Code § 61-04-02 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-02
61-04-02. Permit for beneficial use of water required
Status: in_force

61-04-02. Permit for beneficial use of water required

Any person, before commencing any construction for the purpose of appropriating waters of

the state or before taking waters of the state from any constructed works, shall first secure a

water permit from the department of water resources unless the construction or taking from the

constructed works is for domestic or livestock purposes or for fish, wildlife, and other

recreational uses or unless otherwise provided by law. However, immediately upon completing

any constructed works for domestic or livestock purposes or for fish, wildlife, and other

recreational uses, the water user shall notify the department of water resources of the location

and acre-feet [1233.48 cubic meters] capacity of the constructed works, dams, or dugouts.

Regardless of proposed use, all water users, except those reusing fossil byproduct water, shall

secure a water permit prior to constructing an impoundment capable of retaining more than

twelve and one-half acre-feet [15418.52 cubic meters] of water or the construction of a well from

which more than twelve and one-half acre-feet [15418.52 cubic meters] of water per year will be

appropriated. If a permit is not required of a landowner or the landowner's lessee to appropriate

less than twelve and one-half acre-feet [15418.52 cubic meters] of water from any source for

domestic or livestock purposes or for fish, wildlife, and other recreational uses, those

appropriators may apply for water permits to clearly establish a priority date, and the department

of water resources may waive any fee or hearing for the applications. An applicant for a water

permit to irrigate need not be the owner of the land to be irrigated.
N.D. Cent. Code § 61-02-31 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-31
61-02-31. Priority of a water right dates from when
Status: repealed

61-02-31. Priority of a water right dates from when

Repealed by S.L. 1983, ch. 676, § 38.
N.D. Cent. Code § 61-24-31 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-31
61-24-31. Remedies of bondholders in general
Status: in_force

61-24-31. Remedies of bondholders in general

1. Subject to any contractual limitations binding upon the holders of any issue of bonds,

or a trustee for the holders, including the restriction of the exercise of any remedy to a

specified proportion or percentage of the holders, any holder of bonds or trustee, for

the equal benefit and protection of all bondholders similarly situated, may:

a. By mandamus or other civil action, enforce the holder's rights against the district

and its board and any of its officers, agents, or employees and may require the

district or the board or any officers, agents, or employees of the district or board

to perform their duties and obligations under this chapter and their covenants and

agreements with bondholders.

b. By civil action, require the district and the board to account as if the district and

the board were the trustees of an express trust.

c. By civil action, enjoin any acts or things that may be unlawful or in violation of the

rights of the bondholders.

d. Bring suit upon the bond.

2. A right or remedy conferred by this chapter upon any bondholder, or upon any trustee

for a bondholder, is not intended to be exclusive of any other right or remedy, but each

right or remedy is cumulative and in addition to every other right or remedy and may

be exercised without exhausting and without regard to any other remedy conferred by

this chapter or by any other law of this state.
N.D. Cent. Code § 61-03-25 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-25
61-03-25. Emergency action plan - High-hazard or medium-hazard dam
Status: in_force

61-03-25. Emergency action plan - High-hazard or medium-hazard dam

The owner of a high-hazard or medium-hazard dam shall develop, periodically test, and

update an emergency action plan to be implemented if there is an emergency involving the

dam. The emergency action plan and any subsequent updates must be submitted to the

department for approval.
N.D. Cent. Code § 61-03-21.4 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-21.4
61-03-21.4. Economic analysis process required for certain projects
Status: in_force

61-03-21.4. Economic analysis process required for certain projects

The department of water resources shall develop an economic analysis process for water

conveyance projects and flood-related projects expected to cost more than one million dollars,

and a life cycle analysis process for municipal water supply projects. When the state water

commission is considering whether to fund a water conveyance project, flood-related project, or

water supply project, the department of water resources shall review the economic analysis or

life cycle analysis, and inform the state water commission of the findings from the analysis and

review.
N.D. Cent. Code § 61-35-46 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-46
61-35-46. Construction
Status: in_force

61-35-46. Construction

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

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

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

provided in section 61-35-39. The project may be acquired, purchased, constructed,

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

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

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

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

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

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

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

chapter are controlling with reference to the issuance of bonds.
N.D. Cent. Code § 61-37-11 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-11
61-37-11. Additional reserves and funds
Status: in_force

61-37-11. Additional reserves and funds

The program may establish additional reserves, funds, or accounts as it deems necessary

to further the program or to comply with any agreement made by, or any resolution of, the

program.
N.D. Cent. Code § 61-04-15 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-15
61-04-15. Assignment of conditional or perfected water permit
Status: in_force

61-04-15. Assignment of conditional or perfected water permit

Any conditional or perfected water permit may be assigned only upon approval by the

department of water resources. Upon reasonable proof the assignment can be made without

detriment to existing rights, the department shall assign the water permit without losing priority

of any right previously established. The transfer of title to land in any manner must carry with it

all rights to the use of water for irrigation of the land, except any conditional or perfected water

permit for irrigation purposes must be assigned in accordance with this section.
N.D. Cent. Code § 61-35-13 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-13
61-35-13. Contracts for construction or maintenance of a project
Status: in_force

61-35-13. Contracts for construction or maintenance of a project

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

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

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

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

section 48-01.2-02, the lowest and best bid must be accepted. The board must comply with the

requirements of sections 61-35-88 through 61-35-103 when bidding a project.

The competitive bid requirement of this section may be waived if the board determines that

an emergency exists requiring the prompt repair of a project and a contract may be made for the

prompt repair of the project without seeking bids.
N.D. Cent. Code § 61-24.8-19 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-19
61-24.8-19. When assessments may be made
Status: in_force

61-24.8-19. When assessments may be made

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

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

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

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

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

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

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

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

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

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

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

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

estimated cost of the project as presented to and approved by the affected landowners.
N.D. Cent. Code § 61-04.1-40 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-40
61-04.1-40. State water commission - Compensation - Expenses
Status: in_force

61-04.1-40. State water commission - Compensation - Expenses

Each member of the North Dakota state water commission shall receive the same

compensation paid for other commission duties, for each day actually and necessarily engaged

in the performance of official duties in connection with the administration of this chapter.

Commission members and employees shall be reimbursed for actual and necessary expenses

incurred in carrying out their official duties in the same manner and at the same rates as

provided by law for state employees.
N.D. Cent. Code § 61-08-25 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-25
61-08-25. Bonds and contracts payable from assessments of real property and from water charges
Status: in_force

61-08-25. Bonds and contracts payable from assessments of real property and from

water charges.

Bonds issued by any irrigation district, and the interest thereon, and contracts not payable in

bonds, made and entered into by the district for the acquisition of irrigation works already

constructed, or for the establishment and construction of irrigation works, or any part thereof,

must be paid from the revenue obtained from special assessments upon the real property of the

district or from any other revenue available for that purpose obtained from charges to water

users or from the sale of water to any person, firm, corporation, limited liability company,

municipality, or other irrigation district, or by a combination of special assessments and water

charges.
N.D. Cent. Code § 61-35-66 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-66
61-35-66. Correction of errors and mistakes in special assessments - Requirements governing
Status: in_force

61-35-66. Correction of errors and mistakes in special assessments - Requirements

governing.

If mathematical errors or other mistakes occur in making any assessment resulting in a

deficiency in that assessment, the district board shall cause additional assessments to be made

in a manner substantially complying with chapter 40-26 as it relates to special assessments.
N.D. Cent. Code § 61-35-02.1 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-02.1
61-35-02.1. Conversion of water resource district water supply system to water district
Status: in_force

61-35-02.1. Conversion of water resource district water supply system to water

district.

A water resource district that has developed a water supply system under chapter 61-16.1

may convert that system to a water district as provided in this section. The water resource

district board operating a water supply system may petition the department of water resources

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

resource district's board of directors on the petition and a resolution adopted by the water

supply system's users approving the petition suffice in lieu of signatures of owners of fifty

percent of the real property in the proposed district, if the petition presenter provides evidence

satisfactory to the department that a sufficient number of members of the proposed district will

subscribe or have subscribed to benefit units to make its operation feasible. The procedure for

hearing and determination of disposition of the petition is as provided by this chapter. In any

district organized upon the petition of a water resource board of directors, the following

procedures apply:

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

of the water resource board shall file a notice with the secretary of state.

2. Upon filing of the notice, the assets and liabilities of the water supply system become

the assets and liabilities of the newly organized district without any further meetings,

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

3. The officers and board of directors of the water resource district are the officers and

board of the district.

4. The applicable laws of the state governing the water resource district board control the

initial size and the initial terms of office of officers and the board, in lieu of sections

61-35-08 through 61-35-11.

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

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

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

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

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

rights and all the property of the original water supply system and is responsible for all

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

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

agreement entered by a water resource district is binding for its term on a successor

district organized by the water resource district, unless otherwise agreed in writing by

all parties to the agreement. The right of any creditor may not be impaired by this

section without the creditor's consent.
N.D. Cent. Code § 61-24.3-16 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-16
61-24.3-16. Reserve fund for replacement
Status: in_force

61-24.3-16. Reserve fund for replacement

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

entities for replacement and extraordinary maintenance of the southwest pipeline project, there

shall be maintained, as a part of the moneys of the state received and kept by the state

treasurer, a fund to be designated as the southwest pipeline project reserve fund for

replacement. All moneys received by the state treasurer from the commission, whether from

payments made by water user entities for replacement and extraordinary maintenance of the

southwest pipeline project or otherwise, which shall be by law or by other authoritative

designation made applicable to replacement of the southwest pipeline project, shall be kept by

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

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

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

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

Dakota.
N.D. Cent. Code § 61-02-52 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-52
61-02-52. Commission may provide for registration of bonds
Status: in_force

61-02-52. Commission may provide for registration of bonds

Provision may be made by the commission for the registration of any of the bonds as

provided by chapter 21-03.1.
N.D. Cent. Code § 61-35-27 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-27
61-35-27. Personal liability
Status: in_force

61-35-27. Personal liability

Except as otherwise provided in this chapter, a director, officer, employee, or other

personnel of the board are not liable for the district's debts or obligations and a director, officer,

employee, or volunteer of the board is not personally liable in that capacity for a claim based

upon an act or omission of the person in the discharge of the person's duties, except for any of

the following:

1. A breach of the duty of loyalty to the district.

2. Acts or omissions not in good faith or which involve intentional misconduct or knowing

violation of the law.

3. A transaction from which the person derives an improper personal benefit.
N.D. Cent. Code § 61-16-09 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-09
61-16-09. Oath of office - Organization of water resource board - Appointment of employees - Meetings
Status: in_force

61-16-09. Oath of office - Organization of water resource board - Appointment of

employees - Meetings.

Upon receiving notice of appointment as member of the water resource board, such

appointee shall take the oath of office prescribed for civil officers. Such oath shall be filed with

the secretary of the board. Notice of the appointment of a member or members of a water

resource board shall be mailed to the state water commission. Such notice shall state the name

and post-office address of each appointee and the date of appointment.

A majority of the managers shall constitute a quorum for the transaction of such business as

may come before the board but any number may adjourn a meeting for want of a quorum. The

water resource board shall appoint a secretary and treasurer and such other employees as

needed for the efficient conduct of the district's business and shall fix their compensation. The

offices of secretary and treasurer may be held by the same person. Officers and employees

shall hold office at the pleasure of the board.

The board shall provide an office suitable for its use as a meeting place and for conducting

the affairs of the district. It shall adopt such rules for transacting the business of the district as it

may deem necessary, including the time and place of holding regular meetings of the board.

Special meetings may be called by the secretary on order of the chairman of the board or upon

written request of two members of the board. Notice of a special meeting shall be mailed to

each member of the board at least five days before any such meeting provided, that a special

meeting may be held whenever all members of the board are present or consent thereto in

writing.
N.D. Cent. Code § 61-35-98 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-98
61-35-98. Approval of bonds - Return of bidder's bond
Status: in_force

61-35-98. Approval of bonds - Return of bidder's bond

The contractor's bond must be approved by the governing body, and thereupon it is and

remains in full force and effect. Upon the execution of the contract and the approval of the

contract bond, the bidder's bond must be returned.
N.D. Cent. Code § 61-04.1-21 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-21
61-04.1-21. District operations advisory committees created - Duties
Status: in_force

61-04.1-21. District operations advisory committees created - Duties

1. There must be a district operations advisory committee in each operations district

created in accordance with section 61-04.1-20. Each committee must be composed of

one commissioner of the weather modification authority, if a weather modification

authority exists, from each county within the district; a representative of each person

contracting for a geographical region assigned to the district; and one member of the

board of county commissioners from each county assigned to the district. Each

advisory committee, upon majority vote, with the concurrence of the department of

water resources, shall adopt rules and bylaws necessary to govern that committee's

procedures and meetings. Each committee shall evaluate weather modification

operations within that committee's district and make recommendations and proposals

to the department concerning these operations.

2. The weather modification authority of any county authorized to contract for weather

modification operations under this chapter which is not assigned to an operations

district shall assume the functions of the district operations committee and may

exercise the powers and duties assigned to the operations committees by this chapter

and by the rules of the department.
N.D. Cent. Code § 61-24.8-37 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-37
61-24.8-37. Bonds - When payable - Amounts - Interest
Status: in_force

61-24.8-37. Bonds - When payable - Amounts - Interest

At any time after entering a contract for a project to be financed in whole or in part by

special assessments, the district may issue temporary and definitive bonds on the project fund

created for that purpose in the manner and subject to the limitations prescribed in

section 40-24-19. If the bonds are issued to finance an irrigation project, the net revenues

derived from the imposition of service charges to be imposed and collected with respect to the

project as provided in section 61-24.8-22 may be pledged to payment of those bonds. Bonds

issued under this section must be in amounts as in the judgment of the board will be necessary

for the project. The bonds must bear interest at a rate or rates and be sold at a price resulting in

an average net interest cost not exceeding twelve percent per annum if sold at private sale.

There is no interest rate ceiling on bond issues sold at public sale or to the state or any of its

agencies or instrumentalities. The bonds must state upon their face the purpose for which they

are issued and the project fund from which they are payable and must be signed by the manual

or facsimile signature of the chairman of the district board and countersigned by the manual or

facsimile signature of the secretary of the district. The bonds must be payable in such amounts

as the board determines, extending over a period of not more than thirty years.
N.D. Cent. Code § 61-35-26.2 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-26.2
61-35-26.2. Plans for water service by providers - Filing plans - Existing agreements
Status: in_force

61-35-26.2. Plans for water service by providers - Filing plans - Existing agreements

1. A city planning to expand water service through annexation shall develop a city water

service area plan. The city shall consult with any other water service provider,

including a district, whose water service area is affected by the city's water service

area plan of the establishment of the plan.

2. The city shall file the city water service area plan with the commission. Upon filing of

the plan with the commission, the city may proceed with water service to the annexed

area as provided in section 61-35-26. A city water service area plan is enforceable

when there is a water service agreement among the water service providers, including

a district, that are encompassed by or which abut the water service area boundary.

3. Sections 61-35-26.1 through 61-35-26.4 do not supersede an existing water service

agreement between a city and a district.
N.D. Cent. Code § 61-04-03.1 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-03.1
61-04-03.1. Limitation on amount of water
Status: in_force

61-04-03.1. Limitation on amount of water

An applicant may not apply for a permit or permits for irrigation which, if approved, would

enable a person, at any one time, to hold a conditional water permit or permits for more than

seven hundred twenty acre-feet [888106.75 cubic meters] of water from a single surface or

ground water source that has not been applied to beneficial use. Applications submitted in

violation of this section may not be assigned a priority date and must be returned to the

applicant by the department of water resources. This section may not apply to water permit

applications from the Missouri River or to applications submitted by irrigation districts organized

pursuant to this title. For the purposes of this section, "person", when applied to an individual,

means the individual and the individual's spouse and dependents within the meaning of the

Internal Revenue Code [26 U.S.C. 152].
N.D. Cent. Code § 61-10-25 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-25
61-10-25. Notice of filing of petition and hearing thereof - Cost of proceedings
Status: in_force

61-10-25. Notice of filing of petition and hearing thereof - Cost of proceedings

The secretary of the board of directors shall cause notice of the filing of a petition for the

inclusion of land in an irrigation district to be published in the manner provided for a regular

election of the district. The notice shall state the name or names of petitioners, a description of

lands mentioned in the petition, and the prayer of the petition. It shall notify all persons affected

by the proposed inclusion of lands in the district to appear at the time and place specified in the

notice and to show cause, in writing or in person, if any they have, why the lands described in

the petition, or any part thereof, should not be included in the irrigation district. The board may

require the petitioners to advance to the secretary of the district sufficient money to pay the

estimated cost incurred in the proceedings of the proposed inclusion of land.
N.D. Cent. Code § 61-16-26.1 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-26.1
61-16-26.1. Reassessment of benefits
Status: repealed

61-16-26.1. Reassessment of benefits

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-12-16 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-16
61-12-16. Assessment of damages - How made
Status: in_force

61-12-16. Assessment of damages - How made

At the hearing provided for in section 61-12-12, the board of flood irrigation also shall

determine what damage will be suffered, if any, by the owners of all lands within the district that

will be affected by the building of such irrigation project. In determining such damages, no

allowances shall be made for any benefits that may accrue to said land by the building of said

project. The benefits, if any, shall be assessed under the provisions of section 61-12-22. The

assessment of such damages shall be subject to review.
N.D. Cent. Code § 61-06-21 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-21
61-06-21. Meetings of board - Regular and special - Quorum - Records of board
Status: in_force

61-06-21. Meetings of board - Regular and special - Quorum - Records of board

The board shall hold regular meetings in its office or usual place of meeting in January,

March, July, and November of each year. The board by rule or bylaw authorized by section

61-07-03 shall fix dates for such regular meetings and may also fix dates for additional regular

meetings as it shall deem needed. The board also may hold special meetings as may be

required for the transaction of the district's business. A majority of the members of the board

constitutes a quorum for the transaction of business. Special meetings shall be called by the

secretary upon the order of the chairman of the board or upon the request in writing of two

members. The order must be entered of record on the minutes of the meeting and notice of

such special meeting shall be delivered or mailed to each member of the board at least five

days prior to the date of such special meeting. A special meeting of the board may be called at

any time by the chairman without notice and the meeting thus called shall be legal and valid if all

members of the board of directors are present. A concurrence of at least a majority of the board

is necessary on any question requiring a vote. All records of the board must be open to the

inspection of any elector during business hours.
N.D. Cent. Code § 61-06-21.1 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-21.1
61-06-21.1. Transactions of irrigation districts made public records - Grounds for removal of director or officer
Status: in_force

61-06-21.1. Transactions of irrigation districts made public records - Grounds for

removal of director or officer.

The minutes of all meetings, and all contracts, agreements, leases, and other business

transactions of the board of directors of an irrigation district shall be public records and open to

inspection by any person interested, or that person's attorney or agent, at all reasonable times.

The terms of any proposed agreement or contract with federal or state agencies shall be

deemed a business transaction open to public examination. Refusal on the part of any director

or officer of an irrigation district to permit examination of the records of the irrigation district or to

give any information available concerning business transactions of the district shall be grounds

for removal of such director or officer in an action brought in the district court.
N.D. Cent. Code § 61-16-22 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-22
61-16-22. Financing of special improvements - Procedure
Status: repealed

61-16-22. Financing of special improvements - Procedure

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-05-01 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-01
61-05-01. Definitions
Status: in_force

61-05-01. Definitions

As used in this chapter and in succeeding chapters dealing with irrigation districts:

1. "Board" means the board of directors of any irrigation district.

2. "Elector" means any landowner owning not less than five acres [2.02 hectares] of land

whose land will be or is subject to assessments for construction or other costs, within a

proposed or existing irrigation district, and who is a resident of this state. As herein

used the term "owner" means an owner in fee simple and also includes:

a. An entryman of government land.

b. A purchaser of land under contract.

c. A guardian, executor, administrator, or trustee.

d. A corporation organized and existing under the laws of this state.

e. A limited liability company organized and existing under the laws of this state.

f. The United States of America and the state of North Dakota.

3. "Irrigable acres" or "irrigable lands" means those lands which can or will be served by

the district's works, as determined by the department of water resources before the

district is organized, or as determined from time to time by the district's board of

directors. Whenever land or acreage is described as being susceptible of irrigation or

subject to assessment, it means the same as irrigable acres.

4. "Works" includes canals, ditches, pipelines, and other conveyance systems, pumping

plants, rights of way, easements, reservoirs, dams, well fields, and other works for the

appropriation of water and the necessary sites for pumping plants, reservoirs, dams,

well fields, and all means and property required for a completed operating system of

irrigation works.
N.D. Cent. Code § 61-03-24 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-24
61-03-24. Pending administrative actions and permits
Status: in_force

61-03-24. Pending administrative actions and permits

If an applicant for any permit processed by the department has an unresolved

administrative order or complaint under this title, the permit may not be processed until the order

is complied with or complaint is resolved. At the discretion of the department, the permit may be

processed if issuing the permit would resolve the administrative order or complaint. If an

applicant is not an individual, this section applies if the applicant is at least twenty-five percent

owned by an individual with an unresolved administrative order or complaint under this title.
N.D. Cent. Code § 61-14-12 — ND Code / Title 61 / Chapter 61-14 / Section 61-14-12
61-14-12. Liens on land
Status: in_force

61-14-12. Liens on land

All liens on land, provided for in chapter 61-09, shall be superior in right to all mortgages or

other encumbrances placed upon the land and the water appurtenant thereto or used in

connection therewith.
N.D. Cent. Code § 61-35-72 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-72
61-35-72. Payment of special assessments - Interest
Status: in_force

61-35-72. Payment of special assessments - Interest

All special assessments levied under this title may be paid without interest within ten days

after they have been approved by the board and thereafter bear interest at an annual rate not

exceeding one and one-half percentage points above the average net annual interest rate on

any bonds for the payment of which they are pledged on the total amount remaining unpaid.
N.D. Cent. Code § 61-09-12 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-12
61-09-12. Refusal or failure of board to cause assessment to be made
Status: in_force

61-09-12. Refusal or failure of board to cause assessment to be made

In case the board shall refuse, fail, or neglect to cause an assessment or levy to be made

for the principal and interest of outstanding bonds, or improvement warrants, and for all

payments due, or to become due, in the ensuing year to the United States, or to any department

or agency thereof, or to the state water commission, or to any person, firm, corporation, or

limited liability company, or to another irrigation district, under any contract entered into by the

district, or for expenses incurred in organizing the district, then the assessment of property

made for the preceding year shall be adopted and shall be the basis of assessment for the

district. The board of county commissioners of each county comprising the district, by resolution,

shall make such levy and assessment in the same manner and with like effect as if the same

had been made by the board of directors of the district, and the expense incident thereto also

shall be levied and assessed against the district. All such taxes or assessments shall be

collected by and paid to the county treasurer in the county treasurer's official capacity and the

county treasurer shall be responsible for the safekeeping, disbursement, and payment thereof,

as herein provided.
N.D. Cent. Code § 61-16-24 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-24
61-16-24. When assessments may be made
Status: repealed

61-16-24. When assessments may be made

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-07-09 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-09
61-07-09. Advertising for bids
Status: in_force

61-07-09. Advertising for bids

After adopting a plan of irrigation works, the board shall secure bids as provided in chapter
N.D. Cent. Code § 61-24-02 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-02
61-24-02. Garrison Diversion Conservancy District created
Status: in_force

61-24-02. Garrison Diversion Conservancy District created

The "Garrison Diversion Conservancy District", hereinafter referred to as the "district"

consists of that part of the state that is included within the boundaries of the following counties:

Barnes, Benson, Bottineau, Burleigh, Cass, Dickey, Eddy, Foster, Grand Forks, Griggs,

LaMoure, McHenry, McKenzie, McLean, Nelson, Pierce, Ramsey, Ransom, Renville, Richland,

Sargent, Sheridan, Steele, Stutsman, Traill, Ward, Wells, and Williams.

The district is a governmental agency, body politic and corporate with the authority to

exercise the powers specified in this chapter, or which may be reasonably implied.

Any county may join the district upon application of its board of county commissioners and

the approval of the application by the board of directors of the district.
N.D. Cent. Code § 61-32-03.1 — ND Code / Title 61 / Chapter 61-32 / Section 61-32-03.1
61-32-03.1. Permit to drain subsurface waters required - Permit form - Penalty
Status: in_force

61-32-03.1. Permit to drain subsurface waters required - Permit form - Penalty

1. Installation of a subsurface water management system comprising eighty acres

[32.37 hectares] of land area or more requires a permit. A person that violates this

section is guilty of an infraction. Subsurface water management systems that use

surface intakes or lift stations must be permitted exclusively under this section.

2. For purposes of this section, a "natural watercourse" includes, in addition to

watercourses defined in section 61-01-06, any waterway depicted as a perennial or

intermittent stream or river on a United States geological survey topography map.

3. a. The department of water resources shall develop an application form for a permit

required under this section. A person seeking to construct a subsurface water

management system shall submit a completed application to the water resource

district board within which is found a majority of the land area for consideration

and approval. The district may charge permit applicants a fee up to five hundred

dollars. The fee must be paid before the water resource district may approve the

application.

b. A completed permit application includes:

(1) A completed application form signed by an applicant and filed with the

district;

(2) Evidence of ownership for each parcel to be tiled according to the tax rolls of

the county in which the parcel is located;

(3) A project design, including:

(a) A detailed drawing depicting the subsurface water management

system's location overlain on an aerial photograph of the parcel;

(b) The system's location by legal description identifying either the

relevant quarter, section, township, and range or the relevant block

and lot number;

(c) The physical footprint of the system's layout;

(d) The tile-main sizes and locations;

(e) The laterals to the tile-main sizes and locations;

(f) Surface inlet sizes and locations; and

(g) Outlet sizes, locations, and types;

(4) A downstream flow map or depiction of the flow direction from each outlet

location for one mile [1.61 kilometers] downstream which includes the

location of the downstream parcels by legal description identifying either the

relevant quarter, section, township, and range or the relevant block and lot

number; and

(5) Evidence of ownership for each parcel within one mile [1.61 kilometers]

downstream of each project outlet according to the tax rolls for the county in

which the parcel is located, unless the distance to the nearest assessment

drain, natural watercourse, slough, or lake is less than one mile

[1.61 kilometers] downstream of a proposed outlet, in which case the

applicant shall provide evidence of ownership for each parcel between the

outlet and the nearest assessment drain, natural watercourse, slough, or

lake.

c. Unless the district notifies an applicant the application is incomplete and provides

a list of information required to complete the application within three business

days after the day the district receives the application, the application is deemed

complete.

d. Detailed drawings submitted pursuant to subparagraph a of paragraph 3 of

subdivision b as part of an application for a permit under this section after May 3,

2021, are exempt records under section 44-04-18 and may be provided to

individuals only as necessary to make a decision whether to approve the permit.

4. A district may attach conditions to an approved permit for a subsurface water

management system if the conditions address:

a. Outlet locations including requirements for pump and control structures to be

installed no closer than twenty-five feet [7.62 meters] from the top of the back

slope of an assessment drain;

b. Installation and maintenance of proper erosion control at all outlets;

c. Re-establishment of disturbed areas to previous conditions;

d. The minimum distance from rural water supply lines. However, a district may not

attach a condition requiring a system to extend beyond an existing easement for

a rural waterline, or, if the rural waterline was installed under a blanket easement,

requiring a system to extend beyond twenty feet [6.1 meters] from either side of a

rural waterline;

e. Installation and operation of control structures at project outlets including

requirements for control structures to be closed or pump outlets to be turned off

during critical flood periods;

f. Requirements for a permittee to obtain an amendment to a permit for alterations

to outlet locations, new outlets, or improvements resulting in drainage of

additional acres;

g. If the subsurface water management system will discharge into the watershed

area of an assessment drain, inclusion of the relevant property into the

assessment district for the assessment drain in accordance with the benefits the

property receives, provided the property is not assessed already for the

assessment drain. The water resource district may include the new property into

the assessment district, and determine the benefits and assessment amounts

under chapter 61-16.1, without conducting the reassessment of benefit

proceedings under section 61-16.1-26, provided the property is not assessed

already for the assessment drain.

h. Requirements for a permittee to remove silt and vegetation, or repair erosion and

scour damages directly caused by the subsurface water management system, up

to one mile [1.61 kilometers] downstream from a proposed outlet, unless the

distance to the nearest assessment drain, natural watercourse, slough, or lake is

less than one mile [1.61 kilometers] downstream of the proposed outlet, in which

case the district may require silt and vegetation removal or erosion and scour

damage repair between the outlet and the nearest assessment drain, natural

watercourse, slough, or lake. For purposes of this subdivision and subdivision i:

(1) Downstream damage repair does not include deepening or widening a road

ditch or existing drain;

(2) The timing and method of silt and vegetation removal or damage repair in a

county or township road ditch must be preapproved by the appropriate road

authority; and

(3) The applicant shall follow any construction site protection requirements of

the road authority.

i. If a downstream landowner or road authority presents substantial evidence a

subsurface water management system directly has caused accumulation of silt,

vegetation erosion, or scouring, the requirement or authorization of the applicant

to remove the silt and vegetation or repair the erosion and scour damages

directly caused by the system. However, the applicant may not spread silt,

vegetation, or debris along adjoining land without the permission of all parties

having a legal interest in the land.

5. A district shall approve a permit, including any permissible conditions, within thirty days

after the district receives the completed application. If the district fails to approve the

permit application within that period, the permit is deemed approved with no

conditions.

6. Upon approval of a permit, the district shall forward notice of the approved permit and

the downstream flow map to the department of water resources and to each

landowner who owns property within one mile [1.61 kilometers] downstream of each

project outlet according to the tax rolls of the county in which the property is located,

unless the distance to the nearest assessment drain, natural watercourse, slough, or

lake is less than one mile [1.61 kilometers] downstream of the proposed outlet, in

which case the district shall provide notice to landowners with property between the

outlet and the nearest assessment drain, natural watercourse, slough, or lake. The

district shall send copies of the notice by first-class mail, attested by an affidavit of

mailing. The district does not need to provide copies of the permit application under

this subsection.

7. An amendment of a previously approved subsurface water management system

permit must be made according to the provisions for approving a permit under this

section.

8. A water resource district board may not be held liable to any person for issuing a

permit under this section.

9. Approval of a permit under this section does not prohibit a downstream party

unreasonably damaged by the discharge of water from a subsurface water

management system from seeking damages in a civil action.

10. This section applies only to subsurface water management systems that drain, in

whole or in part, platted or unplatted lands used for raising agricultural crops or grazing

farm animals.
N.D. Cent. Code § 61-03-19 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-19
61-03-19. Decree adjudicating water rights - Filing - Contents
Status: in_force

61-03-19. Decree adjudicating water rights - Filing - Contents

Upon the adjudication of the rights to the use of the waters of a stream system, a certified

copy of the decree must be prepared by the clerk of the court at the cost of the parties, and

must be filed in the department. The decree must declare the water right adjudged to each

party, the priority, amount, purpose, and place of use, and, as to water used for irrigation, the

specific tracts of land to which the right is appurtenant, with any other conditions necessary to

define the right and the priority of the right.
N.D. Cent. Code § 61-12-28 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-28
61-12-28. Collection of flood irrigation taxes - Payment of expenses
Status: in_force

61-12-28. Collection of flood irrigation taxes - Payment of expenses

The flood irrigation taxes shall be collected by the county treasurer and all moneys so

collected shall be credited to the flood irrigation fund to which they belong, and the county

treasurer shall be the custodian of such funds. Payment of all the expenses and costs of

locating and constructing any such project shall be made upon approval by the board of flood

irrigation. Warrants therefor shall be signed by the chairman and secretary of the board. All such

warrants, after presentation to the county treasurer for payment, if not paid for want of funds,

shall be registered by the county treasurer, and thereafter shall bear interest at a rate not

exceeding five percent per annum.
N.D. Cent. Code § 61-07-23 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-23
61-07-23. Petition by board for court to examine and approve contracts or assessments - Contents of petition
Status: in_force

61-07-23. Petition by board for court to examine and approve contracts or

assessments - Contents of petition.

The board of an irrigation district, if deemed advisable, may file, or cause to be filed, in the

district court of any county in which the lands of the district are situated, a petition praying that

the proceedings had for the issuance of bonds or improvement warrants, or that the

proceedings had preliminary to the making of any contract or for levying assessments or taking

any special action, be examined, approved, and confirmed by the court. Such petition shall state

the facts concerning the proceedings had for the issuance of bonds or improvement warrants,

the making of any contract, levying any assessment, or any special action, of the board, as the

case may be, and shall state generally that the irrigation district was organized and that the

directors were elected and qualified, but the petition need not set forth the proceedings resulting

in the organization of the district or the election of the directors.
N.D. Cent. Code § 61-38-06 — ND Code / Title 61 / Chapter 61-38 / Section 61-38-06
61-38-06. General permits (Contingent effective date - See note)
Status: in_force

61-38-06. General permits. (Contingent effective date - See note)

1. In carrying out the functions relating to the discharge of dredged or fill material, the

department of water resources, after notice and opportunity for public hearing, may

issue general permits on a state or regional basis for any category of activities

involving discharges of dredged or fill material if the department determines the

activities in the category are similar in nature, will cause only minimal adverse

environmental effects when performed separately, and will have only minimal

accumulative adverse effects on the environment. Any general permit issued under

this section must set forth the requirements and standards applicable to any activity

authorized by the general permit. General permits must be issued pursuant to rules

adopted by the department which are consistent with federal law.

2. A general permit may be revoked or modified by the department of water resources,

after opportunity for public hearing, if the department determines the activities

authorized by the general permit have an adverse impact on the environment or are

authorized more appropriately by individual permits.

3. The department of water resources may require an individual permit for any proposed

activity under a general permit where the nature or location of the activity makes an

individual permit more appropriate.
N.D. Cent. Code § 61-07-11 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-11
61-07-11. District entering into agreements with others for payment of cost of establishing or constructing works
Status: in_force

61-07-11. District entering into agreements with others for payment of cost of

establishing or constructing works.

Any irrigation district, subject to the approval of the electors at a general or special election,

may enter into an agreement or contract with the United States or with any department, bureau,

or agency thereof, or with the state water commission, or with any person, firm, corporation, or

limited liability company, for the establishment, construction, and completion of the necessary

irrigation works, and in such contract or agreement may provide for the payment of the cost of

establishing and constructing such works by the levy and collection of assessments against the

lands benefited and by annual payments from funds raised by the collection of tolls and water

charges paid by persons who have received and used water for the irrigation of their lands.
N.D. Cent. Code § 61-05-17 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-17
61-05-17. Conduct of election - Votes canvassed by board and department of water resources - Retaining ballots
Status: in_force

61-05-17. Conduct of election - Votes canvassed by board and department of water

resources - Retaining ballots.

An election upon the question of organizing an irrigation district must be conducted in

accordance with the general election laws of the state. After the polls are closed, the election

board shall proceed to canvass the votes cast, and the clerk of the election board shall certify to

the department of water resources the result of the election. The clerk of the board then shall

wrap securely the ballots cast at the election and shall express or mail the secured ballots by

registered or certified mail to the department, which also shall canvass the ballots and verify the

result. The department shall file and retain in the department's office the ballots cast at the

election.
N.D. Cent. Code § 61-40-03 — ND Code / Title 61 / Chapter 61-40 / Section 61-40-03
61-40-03. Western area water supply authority - Board of directors
Status: in_force

61-40-03. Western area water supply authority - Board of directors

1. The initial board of directors of the western area water supply authority consists of two

representatives from each of the following entities: Williams rural water district,

McKenzie County water resource district, the city of Williston, BDW water system

association, and R&T water supply association. The governing body of each member

entity shall select two representatives to the authority board who are water users of the

member entity. If a vacancy arises for a member entity, the governing body of the

member entity shall select a new representative to act on its behalf on the authority

board. Directors have a term of one year and may be reappointed.

2. Additional political subdivisions or water systems may be given membership on the

board upon two-thirds majority vote of the existing board. To be eligible for

membership on the board, the member entity must first contract with the authority for

financial participation in the project.

3. A member entity may designate an alternate representative to attend meetings and to

act on the member's behalf. The board may designate associate members who are

nonvoting members of the board. Notwithstanding this section, initial board members

must be removed if they have not entered a contract with the authority, before

August 1, 2013, for financial participation in the project.
N.D. Cent. Code § 61-01-24 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-24
61-01-24. Mouse official name of river
Status: in_force

61-01-24. Mouse official name of river

That body of water which enters the state in or adjacent to that township described as

township one hundred sixty-four, north, range eighty-seven, west, in the county of Renville, and

proceeds in a generally southerly course through the city of Minot, thence in a generally easterly

and northerly course through the cities of Velva and Towner to a point in or adjacent to that

township described as township one hundred sixty-four, north, range seventy-nine, west, in the

county of Bottineau, at which point it leaves the state of North Dakota, shall be known as the

Mouse River. Nothing herein shall be considered as invalidating any national or international

agreements designating the river as the Souris.
N.D. Cent. Code § 61-11-13 — ND Code / Title 61 / Chapter 61-11 / Section 61-11-13
61-11-13. Sale does not affect vested water rights
Status: in_force

61-11-13. Sale does not affect vested water rights

The sale of the irrigation works, franchises, and property of an irrigation district shall not

affect or impair vested water rights, and the right to the use of water acquired under the laws of

this state shall be assigned to the purchaser of the irrigation works of the district or to the

individual electors of the district in accordance with section 61-04-15. Chapter 61-04 governs all

water permits and water rights acquired by an irrigation district, including any water permits or

water rights which may be assigned by an irrigation district.
N.D. Cent. Code § 61-08-16 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-16
61-08-16. Registration of bearer bonds - Transfer must be recorded in register - Registration not to affect negotiability of coupons
Status: repealed

61-08-16. Registration of bearer bonds - Transfer must be recorded in register -

Registration not to affect negotiability of coupons.

Repealed by S.L. 1997, ch. 518, § 24.
N.D. Cent. Code § 61-03-21.1 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-21.1
61-03-21.1. Inspection by department
Status: in_force

61-03-21.1. Inspection by department

When the department is authorized or mandated by law to inspect or investigate an alleged

violation of a statute under this title, the department may enter upon land to conduct the

inspection or investigation. Except in emergency situations as determined by the department,

the department shall request written permission from the landowner to enter the property. If the

landowner refuses to give written permission, or fails to respond within five days of the request,

the department may request the district court of the district containing the property for an order

authorizing the department to enter the property to inspect or investigate the alleged violation.
N.D. Cent. Code § 61-28-02 — ND Code / Title 61 / Chapter 61-28 / Section 61-28-02
61-28-02. Definitions
Status: in_force

61-28-02. Definitions

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

1. "Council" means the environmental review advisory council.

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

3. "Discharge" means the addition of any waste to state waters from any point source.

4. "Disposal system" means a system for disposing of wastes, either by surface or

underground methods, and includes sewerage systems, treatment works, disposal

wells, and other systems.

5. "Person" includes any corporation, limited liability company, individual, partnership,

association, or other public or private entity, including any state or federal agency or

entity responsible for managing a state or federal facility, and includes any officer or

governing or managing body of any such entity.

6. "Point source" means any discernible, confined, and discrete conveyance, including

any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock,

concentrated animal feeding operation, or vessel or other floating craft, from which

wastes are or may be discharged.

7. "Pollution" means the manmade or man-induced alteration of the physical, chemical,

biological, or radiological integrity of any waters of the state.

8. "Septage" means the liquid or solid material removed from septic systems, cesspools,

privies, chemical toilets, holding tanks, and similar devices that receive domestic

wastewater.

9. "Septic system" means a disposal system, and all of its components, used to receive,

treat, and dispose of domestic wastewater through microbiological decomposition and

soil absorption.

10. "Septic system servicer" means a person that engages in the business of servicing

septic systems, cesspools, privies, chemical toilets, holding tanks, and similar devices

that receive domestic wastewater.

11. "Service" or "servicing" means cleaning septic systems, cesspools, privies, chemical

toilets, holding tanks, and similar devices that receive domestic wastewater; removing

septage from these devices; transporting septage; or disposing septage by applying it

to land or otherwise.

12. "Sewerage system" means pipelines or conduits, pumping stations, and force mains,

and all other structures, devices, appurtenances, and facilities used for collecting or

conducting wastes to an ultimate point for treatment or disposal.

13. "Treatment works" means any plant or other works used for the purpose of treating,

stabilizing, or holding wastes.

14. "Wastes" means all substances which cause or tend to cause pollution of any waters

of the state, including dredged spoil, solid waste, incinerator residue, sewage,

garbage, sewage sludge, munitions, chemical wastes, biological materials, radiological

materials, heat, wrecked or discarded equipment, rock, sand, and cellar dirt and

industrial, municipal, and agricultural pollution discharged into any waters of the state.

15. "Waters of the state" means all waters within the jurisdiction of this state, including all

streams, lakes, ponds, impounding reservoirs, marshes, watercourses, waterways,

and all other bodies or accumulations of water on or under the surface of the earth,

natural or artificial, public or private, situated wholly or partly within or bordering upon

the state, except those private waters that do not combine or effect a junction with

natural surface or underground waters just defined.
N.D. Cent. Code § 61-02-05 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-05
61-02-05. Chairman of commission
Status: in_force

61-02-05. Chairman of commission

The governor is the chairman of the commission. The governor shall designate a vice

chairman from the members of the commission. The director of the department of water

resources is the secretary of the commission.
N.D. Cent. Code § 61-31-10 — ND Code / Title 61 / Chapter 61-31 / Section 61-31-10
61-31-10. Authorization for receipt of funds - Continuing appropriation
Status: in_force

61-31-10. Authorization for receipt of funds - Continuing appropriation

The commissioner is authorized to receive funds for this program from any private or public

source, and is also authorized to receive any funds from any North Dakota state agency, which

have been specifically authorized for that purpose by the legislative assembly. The

commissioner shall work with the governor, director of the game and fish department, United

States fish and wildlife service, nonprofit conservation organizations, and any other public

official or private organization or citizen to develop sources of funding to implement this chapter.

All funds received by the commissioner from any private or public source and from any

North Dakota state agency as well as all funds appropriated by the legislative assembly for

implementing this chapter must be transferred to a special fund in the state treasury, which is

hereby created, to be known as the state waterbank fund. The state waterbank fund and interest

earned thereon is hereby appropriated as a standing and continuing appropriation solely for the

purpose of implementing this chapter, including payment of money due upon waterbank

agreements entered under this chapter.
N.D. Cent. Code § 61-05-19 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-19
61-05-19. Department of water resources to file order with secretary of state - Secretary of state to make certificate - Evidence
Status: in_force

61-05-19. Department of water resources to file order with secretary of state -

Secretary of state to make certificate - Evidence.

The department of water resources shall file in the office of the secretary of state a certified

copy of the department's order declaring any territory to be duly organized as an irrigation

district, and the secretary of state shall make and issue to the department a certificate under the

seal of the state of the due organization of the district. The secretary of state also shall file in the

secretary's office a copy of the secretary's certificate and the order of the department. The

certificate of the secretary of state, or a copy of the certificate, authenticated by the secretary of

state, is prima facie evidence of the organization and existence of the irrigation district.
N.D. Cent. Code § 61-39-04.1 — ND Code / Title 61 / Chapter 61-39 / Section 61-39-04.1
61-39-04.1. State project authorized
Status: in_force

61-39-04.1. State project authorized

The authority and the Garrison Diversion Conservancy District shall continue studying,

planning, developing, and constructing a nonfederal project to meet the water supply needs of

eastern and central North Dakota separate and apart from the federal Red River valley water

supply project. The state project may include similar features as the federal project and may rely

on and utilize studies, designs, and information developed as part of other water supply

projects.
N.D. Cent. Code § 61-37-02 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-02
61-37-02. Creation of program
Status: in_force

61-37-02. Creation of program

The North Dakota irrigation district finance program is established under the operation,

management, and control of the commission. The program is constituted as an instrumentality

of the state exercising public and governmental functions.
N.D. Cent. Code § 61-07-17 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-17
61-07-17. Apportionment of water when supply insufficient
Status: in_force

61-07-17. Apportionment of water when supply insufficient

In case the water supply shall not be sufficient to supply continuously the lands susceptible

of irrigation therefrom, the board shall apportion in a just and equitable proportion, a certain

amount of such water upon certain or alternate days to different localities as in its judgment may

be best for the interests of all parties concerned, and with due regard to the legal and equitable

rights of all.
N.D. Cent. Code § 61-28-05 — ND Code / Title 61 / Chapter 61-28 / Section 61-28-05
61-28-05. Rules and standards
Status: repealed

61-28-05. Rules and standards

Repealed by S.L. 2017, ch. 199, § 74.
N.D. Cent. Code § 61-32-04 — ND Code / Title 61 / Chapter 61-32 / Section 61-32-04
61-32-04. Administration - Rulemaking authority - Guidelines
Status: repealed

61-32-04. Administration - Rulemaking authority - Guidelines

Repealed by S.L. 1995, ch. 599, § 3.
N.D. Cent. Code § 61-35-08 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-08
61-35-08. Meeting of members - Election of board
Status: in_force

61-35-08. Meeting of members - Election of board

As a part of the order organizing the district, the department of water resources shall fix the

time and place at which the members shall meet to select from their number a board of

directors. Selection of the initial board may not be later than thirty days after the order is issued.

The number of directors on the board, not to exceed nine, must be determined by a majority

vote of those members present. Any member elected a director who fails to become a

participating member, within thirty days after entry in the minutes of the board of a declaration of

availability of benefit units for subscription, forfeits the office of director.
N.D. Cent. Code § 61-24.3-15 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-15
61-24.3-15. Revenues for operation and maintenance - Deposit - Use
Status: in_force

61-24.3-15. Revenues for operation and maintenance - Deposit - Use

Money derived and received by the commission from water user entities for operation and

maintenance of the southwest pipeline project shall be deposited by the commission in the

operation and maintenance fund, and shall be used for no purposes other than to pay for costs

and expenditures for operation and maintenance of the southwest pipeline project.
N.D. Cent. Code § 61-16.1-18 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-18
61-16.1-18. Hearing on assessment project - Notice
Status: in_force

61-16.1-18. Hearing on assessment project - Notice

1. Upon the filing of the engineer's report provided for in section 61-16.1-17, and after

satisfying the requirements of section 61-16.1-21, the water resource board shall fix a

date and place for a public hearing on the proposed project. The place of hearing must

be in the vicinity of the proposed project and must be convenient and accessible for

the majority of the landowners subject to assessment for the project or whose property

is subject to condemnation for the proposed project.

2. The board shall cause a complete list of the benefits and assessments to be made,

setting forth each county, township, or city assessed in its corporate capacity as well

as each lot, piece, or parcel of land assessed; the amount each would be benefited by

the proposed project; and the amount assessed against each. At least ten days before

the hearing, the board shall file with the county auditor of each county in which the

project is or will be located the list showing the percentage assessment against each

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

terms of money apportioned to each parcel.

3. The water resource board shall provide notice of the hearing which must:

a. Include a copy of the petition, if any, and the resolution of the board;

b. Specify the time and place of the hearing;

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

determined by the engineer and the board;

d. Specify when and where votes concerning the proposed project may be filed;

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

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

in terms of money apportioned to each parcel;

f. Be mailed with a ballot to vote on the proposed project to each affected

landowner at the landowner's address as shown by the tax rolls of the county in

which the affected property is located. The board may send the notice and ballot

by regular mail attested by an affidavit of mailing signed by the attorney or

secretary of the board; and

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

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

4. The date set for the hearing must be at least twenty days after the day the notice is

mailed. A record of the hearing must be made by the board, include a list of affected

landowners present in person or by agent, and be preserved in the minutes of the

meeting. Each affected landowner and the governing body of any county, township, or

city to be assessed must be informed at the hearing of the probable total cost of the

project, the share of the cost the landowner or governing body will be assessed, and

the portion of landowner or governing body's property, if any, to be condemned for the

project.
N.D. Cent. Code § 61-16.1-34.1 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-34.1
61-16.1-34.1. Drain warrants - Terms and amounts
Status: in_force

61-16.1-34.1. Drain warrants - Terms and amounts

Drain costs must be paid upon order of the board by warrants signed by the chairman and

one other member of the board. The warrants are payable from the proper drain fund and, upon

maturity, are receivable by the treasurer for drain assessments supporting the fund. The

warrants may be issued at any time after the order establishing the drain has become final and

after incurring liability to pay for drain work to be financed by drain assessments and in

anticipation of levy and collection of the assessments. Every warrant not made payable on

demand must specify the date when it becomes payable. Demand warrants not paid for want of

funds must be registered by the county treasurer or, if the water resource district treasurer is

custodian of the drain funds, the water resource district treasurer and bear interest at a rate

determined by the board, not exceeding eight percent per annum. Warrants of specified

maturities bear interest according to their provisions at a rate or rates resulting in an average

net interest cost not exceeding twelve percent per annum if sold at private sale, and may be

issued with interest coupons attached. There is no interest rate ceiling on warrants sold at public

sale or to the state of North Dakota or any of its agencies or instrumentalities. All drain warrants

must state upon their faces the purpose for which they are issued and the drain fund from which

they are payable. The warrants may be used to pay drain obligations, or may be sold at not less

than ninety-eight percent of par value, provided that the proceeds of warrants sold are placed in

the proper drain fund and used exclusively for drain expenses. Any unpaid warrants issued for

the acquisition of right of way or the construction of a drain, including all incidental costs in

connection with the acquisition or construction, must be funded by a bond issue within one

hundred eighty days from and after the filing of the assessment of all costs with the county

auditor as provided in section 61-16.1-28, but this requirement may not be construed as

prohibiting the funding of warrants or the issuance of bonds after the one hundred eighty-day

period.
N.D. Cent. Code § 61-04-05 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-05
61-04-05. Notice of application - Contents - Proof - Failure to file satisfactory proof
Status: in_force

61-04-05. If a request for a public hearing is made and the department determines a

public hearing is necessary, the department shall designate a time and place for the

public hearing and notify the applicant and any person who filed written comments by

certified mail at least twenty days before the hearing.

3. If two or more municipal or public use permitholders request the public hearing to be

held locally, the department of water resources shall hold the hearing in the county

seat of the county in which the proposed water appropriation site is located.

4. The department of water resources shall consider all written comments received and

testimony presented at a public hearing, if held, and shall make a recommended

decision in writing. The recommended decision must be mailed to the applicant and

any party of record and may constitute:

a. Approval of all or a portion of the application, with the remainder held in abeyance

or denied;

b. Denial of the application; or

c. Deferral of the application.

5. Within thirty days of service of the recommended decision, the applicant and any party

of record who would be aggrieved by the decision may file additional written comments

with the department of water resources or request an adjudicative proceeding on the

application, or both. A request for an adjudicative proceeding must be made in writing

and must state with particularity how the person would be aggrieved by the decision

and the issues and facts to be presented at the proceeding. If a request for an

adjudicative proceeding is not made, the department shall consider the additional

comments, if any are submitted, and issue a final decision. If a request for an

adjudicative proceeding is made and the department determines an adjudicative

proceeding is necessary, the department shall designate a time and place for the

adjudicative proceeding and notify the applicant and any person who filed written

comments by certified mail at least twenty days before the hearing.
N.D. Cent. Code § 61-16.1-30 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-30
61-16.1-30. Lien of special assessment
Status: in_force

61-16.1-30. Lien of special assessment

A special assessment imposed by a district, together with interest and penalties which

accrue thereon, shall become a lien upon the property on which the assessment is levied from

the time the assessment list is approved by the water resource board until the assessment is

fully paid. Such liens shall have precedence over all other liens except general tax liens and

shall not be divested by any judicial sale. No mistake in the description of the property covered

by the special assessment lien or in the name of the owner of such property shall defeat the lien

if the assessed property can be identified by the description in the assessment list. This chapter

shall be considered notice to all subsequent encumbrancers of the priority of special

assessments imposed under this chapter.
N.D. Cent. Code § 61-05-06 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-06
61-05-06. Private or public corporation or limited liability company may designate agent to vote
Status: in_force

61-05-06. Private or public corporation or limited liability company may designate

agent to vote.

Where lands which are within a proposed or existing irrigation district are owned by a

corporation or a limited liability company, by the United States, or by this state, such corporation

or limited liability company, and any department or agency of the United States or of this state,

in order to participate in any district election, by an instrument in writing, executed and

acknowledged by the proper officer or officers of such corporation, department, or agency, or by

the proper manager or managers of such limited liability company, shall designate an agent to

vote in its behalf. Such instrument shall be presented to and filed with the clerk of the district

election board by such agent.
N.D. Cent. Code § 61-16.1-06 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-06
61-16.1-06. District budget - Financial report - Tax levy - Financing by special assessment
Status: in_force

61-16.1-06. District budget - Financial report - Tax levy - Financing by special

assessment.

The fiscal year of the district begins January first and ends December thirty-first. The water

resource board shall estimate the expenses of the district before October first of each year.

Estimates of district expenses may include costs of rights of way, easements, or other interests

in property deemed necessary for the construction, operation, and maintenance of any projects.

The district budget may also include an amount necessary for future projects which are part of a

master plan. In the year for which the levy is sought, a water resource board seeking approval

of a property tax levy under this chapter must file with the county auditor of each county in the

district, at a time and in a format prescribed by the county auditors, a financial report for the

preceding calendar year showing the ending balances of each fund held by the water resource

district during that year. Upon completion and adoption of a budget covering necessary

expenses, the board shall send a copy of the budget to the county auditor of each county in the

district. Each county auditor shall transmit the same to the board of county commissioners of

that county. The board of county commissioners shall either disapprove the budget, amend and

approve the budget as amended, or approve the budget as submitted and, if approved as

amended or as submitted, the board shall, by resolution, levy and authorize and direct the

county auditor to extend and spread upon the tax roll of the county or portion of the county in

the district a tax not exceeding the limitation in section 57-15-26.6 in the same manner, and with

the same effect, as general property taxes are extended and spread. Funds produced each year

by the tax levy shall be available until expended, and if the tax levy in any year will not produce

sufficient revenue to cover district expenses, a fund sufficient to pay the district expenses may

be accumulated. The acquisition of rights of way, easements, and the construction, operation,

and maintenance of a project in a district may, in the discretion of the water resource board, be

financed in whole or in part by special assessments against property benefited by such project,

or from revenues realized from general tax collections, or from net revenues to be derived from

service charges to be imposed and collected for the services of the project, or any combination

of such sources.
N.D. Cent. Code § 61-16.1-56 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-56
61-16.1-56. Time for taking appeal from water resource board decision
Status: repealed

61-16.1-56. Time for taking appeal from water resource board decision

Repealed by S.L. 1989, ch. 83, § 36.
N.D. Cent. Code § 61-16-14 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-14
61-16-14. County treasurer to collect and remit taxes to district treasurer - Deposit of district funds
Status: repealed

61-16-14. County treasurer to collect and remit taxes to district treasurer - Deposit of

district funds.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-35-26.3 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-26.3
61-35-26.3. State water commission funding
Status: in_force

61-35-26.3. State water commission funding

Before providing a grant or loan to a district or city for a water service project in any area

within the extraterritorial zoning jurisdiction of any affected city, the commission shall require that

district and city to have a water service agreement. The absence of a water service agreement

may not affect the funding by the commission of other projects for a district or city which are not

related to potable water service and are not located within the extraterritorial zoning jurisdiction.
N.D. Cent. Code § 61-16.1-02 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-02
61-16.1-02. Definitions
Status: in_force

61-16.1-02. Definitions

For purposes of this chapter, unless the context otherwise requires:

1. "Affected landowners" means landowners whose land is subject to special assessment

or condemnation for a project.

2. "Assessment drain" means a drain financed in whole or in part by special assessment.

3. "Benefited property" means property that has accrued a benefit from a project.

4. "Benefits" means the degree to which a society or an economy subject to a project is

improved through lower costs, fewer damages, or enhancements.

5. "Cleaning out and repairing a drain" means deepening and widening a drain and

removing obstructions or sediment, and any repair necessary to return the drain to a

satisfactory and useful condition.

6. "Commission" means the state water commission.

7. "Conservation" means planned management of water resources to prevent

exploitation, destruction, neglect, or waste.

8. "Costs of the frivolous complaint" means all reasonable costs associated with the

requisite proceedings regarding the removal of obstructions to a drain, removal of a

noncomplying dike or dam, or closing a noncomplying drain, including all reasonable

construction costs; all reasonable attorney's fees and legal expenses; all reasonable

engineering fees, including investigation and determination costs; compliance

inspections; necessary technical memorandum and deficiency review; and all costs

associated with any hearing conducted by a district, including preparation and

issuance of any findings of fact and any final closure order.

9. "District" means a water resource district.

10. "Drain" means any natural watercourse opened, or proposed to be opened, and

improved for drainage, and any artificial channel constructed for drainage. The term

includes dikes and appurtenant works and may include more than one watercourse or

artificial channel when the watercourses or channels drain land within a practical

drainage area.

11. "Frivolous" means allegations and denials in any complaint filed with a district made

without reasonable cause and not in good faith.

12. "Lateral drain" means a drain constructed after the establishment of an original drain

or drainage system and which flows into the original drain or drainage system from

outside the limits of the original drain.

13. "Practical drainage area" means, for assessment drains, the practical drainage area

determined by the survey and examination required under section 61-16.1-17.

14. "Project" means any undertaking for water conservation; flood control; water supply;

water delivery; erosion control and watershed improvement; drainage of surface

waters; collection, processing, and treatment of sewage; discharge of sewage effluent;

or any combination of purposes in this subsection, and includes incidental features of

the undertaking.

15. "Water resource board" or "board" means the water resource district's board of

managers.
N.D. Cent. Code § 61-35-74 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-74
61-35-74. Sewer special assessments extended over a period of not more than thirty years
Status: in_force

61-35-74. Sewer special assessments extended over a period of not more than thirty

years.

Special assessments for the payment of the cost of constructing any sewer are payable in

equal annual amounts, or in such annual amounts as will permit the annual increase in payment

of principal to approximate the annual decrease in the interest on amounts remaining unpaid,

extending over a period of not exceeding thirty years as the board may fix by ordinance or

resolution.
N.D. Cent. Code § 61-33-10 — ND Code / Title 61 / Chapter 61-33 / Section 61-33-10
61-33-10. Penalty
Status: in_force

61-33-10. Penalty

A person who violates this chapter or any rule implementing this chapter is guilty of a

class B misdemeanor unless a lesser penalty is indicated. A civil penalty may be imposed by a

court in a civil proceeding or by the department of water resources through an adjudicative

proceeding pursuant to chapter 28-32. The assessment of a civil penalty does not preclude the

imposition of other sanctions authorized by law, this chapter, or rules adopted under this

chapter. The department of water resources may bring a civil action to recover damages

resulting from violations and may also recover any costs incurred.
N.D. Cent. Code § 61-07-31 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-31
61-07-31. Contract for supply of water extending over one year approved at election - Regulations governing election
Status: in_force

61-07-31. Contract for supply of water extending over one year approved at election -

Regulations governing election.

If a contract for the supplying of water provides for a payment to be made extending for a

period of more than one year from the date of making such contract, the board of such irrigation

district shall submit such contract to the legal voters of such district at any general election, or at

a special election called for the approval or disapproval of the contract. If a special election is

called for such purpose, the notice of election, the conduct of said election, and the canvass of

the votes, so far as practicable, shall be the same as in a regular election of the district. The

notice of such election need not give the entire contract, but shall be sufficient if it shall state in

a general way the substance of the proposed contract. The ballot at such election shall be in

substantially the following form:

For approval of contract for water supply ☐

Against approval of contract for water supply ☐

If a majority of the electors voting on said proposition vote for approval of such contract, the

board shall enter into such contract and thereafter, at the time the other taxes of the district are

levied, shall levy a tax on the taxable property of the district sufficient to pay the amount due on

said contract and to become due on said contract before the next annual levy in said district.
N.D. Cent. Code § 61-02.1-06 — ND Code / Title 61 / Chapter 61-02.1 / Section 61-02.1-06
61-02.1-06. Grand Forks flood control project
Status: in_force

61-02.1-06. Grand Forks flood control project

Notwithstanding any other provision of law or policy, any existing caps may not be

construed to limit access to total state funding of up to fifty-two million dollars for the Grand

Forks flood control project.
N.D. Cent. Code § 61-16.1-40 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-40
61-16.1-40. When dams constructed by federal agency under control of district
Status: in_force

61-16.1-40. When dams constructed by federal agency under control of district

Any dam, dike, or other water control device or flood control project constructed by or with

the assistance of any federal agency but which is not maintained or operated by any federal

agency shall become the responsibility of the district where it is located. The district may take

any action concerning this dam, dike, or other water control device it deems feasible or

necessary.
N.D. Cent. Code § 61-35-28 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-28
61-35-28. Proceedings to confirm contracts, special assessments, and other acts
Status: in_force

61-35-28. Proceedings to confirm contracts, special assessments, and other acts

Any district board, before making any contract, levying special assessments, or issuing

special assessment improvement bonds or revenue bonds, or before taking any special action,

may commence a special proceeding in district court by which the proceeding leading up to the

making of such contract, levying special assessments, issuing improvement bonds or revenue

bonds, or leading up to any other special action, may be judicially examined, approved, and

confirmed. Such judicial proceedings must substantially comply with the procedure required in

the case of judicial confirmation of proceedings, acts, and contracts of an irrigation district.
N.D. Cent. Code § 61-16.1-16.1 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-16.1
61-16.1-16.1. Right of way - How acquired - Assessment of damages - Issuance of warrants
Status: in_force

61-16.1-16.1. Right of way - How acquired - Assessment of damages - Issuance of

warrants.

If lands assessed for drainage benefits are not contiguous to the drain, the water resource

board may exercise eminent domain to acquire a right of way easement to the drain over the

land of others. The right of way, when acquired, is the property of the water resource district in

which the lands are located. The board may issue warrants in a sum sufficient to pay the

damages assessed for the right of way. The warrants must be drawn upon the proper county

treasurer or, if the water resource district treasurer is custodian of the drain funds, water

resource district treasurer, and are payable out of drain funds in the hands of the treasurer

which have been collected for the construction of the drain for which the right of way is sought.
N.D. Cent. Code § 61-24.3-12 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-12
61-24.3-12. Operation and maintenance - Commission to employ manager and employees
Status: in_force

61-24.3-12. Operation and maintenance - Commission to employ manager and

employees.

The commission shall obtain the assistance necessary for the operation and maintenance

of the southwest pipeline project. To that end, it may appoint a manager, and may appoint

subordinate officers and employees. It may designate the manager its general agent in respect

to the operation and maintenance of the southwest pipeline project, but subject, nevertheless, in

such agency, to the supervision, limitation, and control of the commission. It may appoint or

employ such contractors, engineers, attorneys, and other experts, agents, and servants as in

the judgment of the commission the interests of the state may require, and shall define the

duties, designate the titles, and fix the compensation, within legislative appropriation, and the

bonds of all such persons so engaged. Subject to the control and regulation of the commission

the manager of the southwest pipeline project may appoint and employ such deputies and other

subordinates, and such contractors, engineers, attorneys, and other experts, agents, and

servants as the manager shall deem required. The total compensation of such appointees and

employees, together with other expenditures for the operation and maintenance of the

southwest pipeline project, shall remain within the appropriation and earnings lawfully available

in each year for such purpose.
N.D. Cent. Code § 61-02-38 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-38
61-02-38. Holder of water right on natural stream may turn control over to commission
Status: in_force

61-02-38. Holder of water right on natural stream may turn control over to

commission.

Any holder of a water right on a natural stream may agree with the commission that it shall

have control of the diversion of waters due under such right. In such an event, the commission,

through its officers and agents, may exercise the same authority over the waters due said

appropriator and may cause them to be delivered to the appropriator in the same manner as in

case of waters appropriated by the commission.
N.D. Cent. Code § 61-10-20 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-20
61-10-20. Result of election - Survey ordered by board
Status: repealed

61-10-20. Result of election - Survey ordered by board

Repealed by S.L. 1959, ch. 410, § 15.
N.D. Cent. Code § 61-24.8-06 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-06
61-24.8-06. Condemnation of land and rights of way for special improvements - Taking of possession - Trial - Appeal - Vacation of judgment
Status: in_force

61-24.8-06. Condemnation of land and rights of way for special improvements -

Taking of possession - Trial - Appeal - Vacation of judgment.

When property required to make any improvement authorized by this chapter is to be taken

by condemnation proceedings, the court, upon request by resolution of the board of the district

making the improvement, shall call a special term of court for the trial of the proceedings and

may summon a jury for the trial. The proceedings must be instituted and prosecuted in

accordance with chapter 32-15, except that when the interest sought to be acquired is a right of

way for the laying of any main, pipe, ditch, canal, aqueduct, or flume for conducting water,

whether within or without the district, the district may make an offer to purchase the right of way

and may deposit the amount of the offer with the clerk of the district court of the county in which

the right of way is located, and may then take possession of the right of way. The offer must be

made by resolution of the board of the district, and a copy of the resolution must be attached to

the complaint filed with the clerk of court in accordance with section 32-15-18. The clerk shall

immediately notify the owners of the land on which the right of way is located of the deposit by

causing a notice to be appended to the summons when served and published in the

proceedings as provided in the North Dakota Rules of Civil Procedure stating the amount

deposited or agreed in the resolution to be deposited. The owner may then appeal to the court

by filing an answer to the complaint in the manner provided in the North Dakota Rules of Civil

Procedure and may have a jury trial, unless a jury is waived, to determine the damages.

However, upon due proof of the service of the notice and summons and upon deposit of the

aggregate sum agreed in the resolution, the court without further notice may make and enter an

order as authorized by section 16 of article I of the Constitution of North Dakota. If under laws of

the United States proceedings for the acquisition of any right of way are required to be instituted

in or removed to a federal court, the proceedings may be taken in that court in the same manner

and with the same effect as provided in this section and the clerk of the district court of the

county in which the right of way is located shall perform any and all of the duties set forth in this

section if the clerk is directed to do so by the federal court. The proceedings must be

determined as speedily as practicable. An appeal from a judgment in the condemnation

proceedings must be taken within sixty days after the entry of the judgment and appeal must be

given preference by the supreme court over all other civil cases except election contests. No

final judgment in the condemnation proceedings awarding damages to property used by the

district for irrigation or other purposes may be vacated or set aside if the district pays to the

defendant, or into court for the defendant, the amount awarded in cash. The district may levy

special assessments within the district to pay all or part of the judgment. To provide funds for the

payment of the judgment or for the deposit of the amount offered for purchase of a right of way,

the district may issue bonds on the fund of the improvement district as provided in

section 61-24.8-09 in anticipation of the levy and collection of special assessments or revenues

to be appropriated to the fund in accordance with this chapter. The bonds may be issued upon

or after the commencement of the condemnation proceedings. Upon the failure of the district to

make payment in accordance with this section, the judgment in the condemnation proceedings

may be vacated.
N.D. Cent. Code § 61-11-03 — ND Code / Title 61 / Chapter 61-11 / Section 61-11-03
61-11-03. Ballots to be provided - Form
Status: in_force

61-11-03. Ballots to be provided - Form

The board shall provide printed ballots for an election held pursuant to the provisions of this

chapter. Such ballots shall be substantially in the following form:

The irrigation district of _________ County, North Dakota, shall be dissolved and its

property sold:

Yes ☐

No ☐

The board shall cause such ballots to be prepared at least fifteen days before the election and

shall place the ballots in the hands of the election officers of the district prior to the opening of

the polls on the day of such election.
N.D. Cent. Code § 61-16.1-48 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-48
61-16.1-48. Assessment of costs of cleaning and repairing drains
Status: in_force

61-16.1-48. Assessment of costs of cleaning and repairing drains

The cost of cleaning out and repairing an assessment drain or a drainage structure

constructed by any governmental entity for which no continuing funds for maintenance are

available must be assessed pro rata against the lands benefited in the same proportion as the

original assessment of the costs in establishing such drain, or in accordance with any

reassessment of benefits if there has been a reassessment of benefits under the provisions of

section 61-16.1-26. If no assessment for construction costs or reassessment of benefits has

been made, the water resource board shall make assessments for the cost of cleaning and

repairing such drain or drainage structure constructed by any governmental entity for which no

continuing funds for maintenance are available in accordance with the provisions of this chapter

for the establishment of a new project. The governing body of any incorporated city, by

agreement with the board, is authorized to contribute to the cost of cleaning out, repairing, and

maintaining a drain in excess of the amount assessed under this section, and such excess

contribution may be expended for such purposes by the board.
N.D. Cent. Code § 61-24.5-20 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-20
61-24.5-20. Revenues for operation and maintenance - Deposit - Use
Status: in_force

61-24.5-20. Revenues for operation and maintenance - Deposit - Use

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

operation and maintenance of the southwest pipeline project must be deposited by the

southwest water authority in the operation and maintenance fund and must be used to pay for

costs and expenditures for operation and maintenance of the southwest pipeline project.
N.D. Cent. Code § 61-35-58 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-58
61-35-58. Hearing - Notice - Contents
Status: in_force

61-35-58. Hearing - Notice - Contents

Upon the filing of the engineer's report provided for in section 61-35-54, and after satisfying

the requirements of section 61-35-55, the district board shall fix a date and place for public

hearing on the proposed project. The place of hearing must be in the vicinity of the proposed

project and must be convenient and accessible for the majority of the landowners subject to

assessment for the project or whose property is subject to condemnation for the proposed

project. The board shall cause a complete list of the benefits and assessments to be made,

setting forth each county, township, or city assessed in its corporate capacity as well as each

lot, piece, or parcel of land assessed, the amount each is benefited by the improvement, and

the amount assessed against each. At least ten days before the hearing, the board shall file with

the county auditor of each county in which the project is or will be located the list showing the

percentage assessment and approximate assessment in dollars against each parcel of land

benefited by the proposed project. Notice of the filing must be included in the notice of hearing.

Notices of the hearing must contain a copy of the resolution of the board as well as the time and

place where the board will conduct the hearing. The notice of hearing must specify when and

where votes concerning the proposed project may be filed and contain an assessment list

showing the percentage assessment and approximate assessment in dollars against each

parcel of land benefited by the proposed project. The board shall cause the notice of hearing to

be published once a week for two consecutive weeks in newspapers of general circulation in the

area in which the affected landowners reside and in the official county newspaper of each

county in which the benefited lands are located. The date set for the hearing may not be fewer

than twenty days after the mailing of the notice. A record of the hearing must be made by the

board, including a list of affected landowners present in person or by agent, and the record must

be preserved in the minutes of the meeting. Affected landowners and the governing body of any

county, township, or city to be assessed must be informed at the hearing of the probable total

cost of the project and their individual share of the cost and the portion of their property, if any,

to be condemned for the project.
N.D. Cent. Code § 61-35-83 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-83
61-35-83. Special improvement moneys to be kept separate - Designation and numbering of funds - Diversion of moneys prohibited
Status: in_force

61-35-83. Special improvement moneys to be kept separate - Designation and

numbering of funds - Diversion of moneys prohibited.

All special assessments and taxes levied and other revenues pledged under the provisions

of this chapter to pay the cost of an improvement constitute a fund for the payment of that cost,

including all principal of and interest on bonds and other obligations issued by the district to

finance the improvement, and may be diverted to no other purpose. The district treasurer shall

hold all moneys received for any such fund as a special fund to be applied to payment for the

improvement. Each fund must be designated by the name and number of the improvement

district in or for which the special assessments, taxes, and revenues are collected. When all

principal and interest on bonds and other obligations of the fund have been fully paid, all

moneys remaining in a fund may be transferred into the general fund of the district.
N.D. Cent. Code § 61-02-41 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-41
61-02-41. Surveys for the diversion of waters
Status: in_force

61-02-41. Surveys for the diversion of waters

For the purpose of regulating the diversion of the natural flow of waters, employees of the

department of water resources may enter upon the means and place of use of all appropriators

for the purpose of making surveys of respective rights and seasonal needs.
N.D. Cent. Code § 61-24.8-36 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-36
61-24.8-36. Special improvement moneys to be kept separate - Designation and numbering of funds - Diversion of moneys prohibited
Status: in_force

61-24.8-36. Special improvement moneys to be kept separate - Designation and

numbering of funds - Diversion of moneys prohibited.

All special assessments and taxes levied and other revenues pledged under the provisions

of this chapter to pay the cost of an improvement constitute a fund for the payment of that cost,

including all principal of and interest on bonds and other obligations issued by the district to

finance the improvement, and may be diverted to no other purpose. The district treasurer shall

hold all moneys received for any such fund as a special fund to be applied to payment for the

improvement. Each fund must be designated by the name and number of the improvement

district in or for which the special assessments, taxes, and revenues are collected. When all

principal and interest on bonds and other obligations of the fund have been fully paid, all

moneys remaining in a fund may be transferred into the general fund of the district. Any

deficiency in any fund created for the payment of district bonds payable in whole or in part out of

collections of special assessment taxes must be the general obligation of the district.
N.D. Cent. Code § 61-10-11 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-11
61-10-11. Petition to be recorded by secretary - Evidence
Status: repealed

61-10-11. Petition to be recorded by secretary - Evidence

Repealed by S.L. 1959, ch. 410, § 15.
N.D. Cent. Code § 61-12-22 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-22
61-12-22. Assessment of accruing benefits
Status: in_force

61-12-22. Assessment of accruing benefits

Upon acquiring the right of way, and after the completion of the assessment of damages as

provided in this chapter, the board of flood irrigation shall assess the percentage of the cost of

constructing and maintaining the flood irrigation project and providing the right of way therefor

and of paying all damages incurred by the owners of land affected thereby which any lot, piece,

or parcel of land shall be liable to pay by reason of the benefits accruing thereto, either directly

or indirectly, by reason of the construction of such project.
N.D. Cent. Code § 61-01-26.2 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-26.2
61-01-26.2. Statewide water development goals
Status: in_force

61-01-26.2. Statewide water development goals

The legislative assembly will support to the extent funds are available from the water

development trust fund the comprehensive statewide water development program developed

pursuant to section 2 of chapter 587 of the 1995 Session Laws and to the state water

management plan established under section 61-01-26. In order to implement the state water

management plan, the legislative assembly will support the following:

1. During the 1999-2001 biennium:

a. Southwest pipeline project: Six million dollars in state funds and eleven million

five hundred thousand dollars in federal funds, assuming Perkins County water

system payment to the state water commission of four million five hundred

thousand dollars.

b. Northwest area water supply project: Eight million two hundred thousand dollars

in local funds and fourteen million eight hundred thousand dollars in federal

funds, with an option being considered of the state water commission bonding the

local cost-share with local repayment of the total principal, interest, and cost of

issuance of the bonds to the state water commission.

c. Other municipal, rural, and industrial projects: Twenty-five million five hundred

thousand dollars in local funds and thirty-nine million nine hundred thousand

dollars in federal funds.

d. Grand Forks flood control: Twenty-five million dollars in local funds, twenty-five

million dollars in state funds, and thirty-eight million five hundred thousand dollars

in federal funds. The state total cost-share of fifty-two million dollars or so much

of the total cost-share that is required may be bonded, requiring a loan repayment

estimated at three million nine hundred thousand dollars per year with repayment

beginning in 2001.

e. Devils Lake outlet to the Sheyenne River and to west Stump Lake: Seventeen

million five hundred thousand dollars in state funds and thirty-two million five

hundred thousand dollars in federal funds. The total state cost-share of

seventeen million five hundred thousand dollars includes mitigation costs and will

be bonded, requiring a local repayment estimated at one million five hundred

thousand dollars per year, with the split between state and local loan repayment

to be determined. Before bonds may be issued for a Devils Lake outlet,

construction of the outlet must be approved by the state water commission.

2. During the 2001-03 biennium:

a. Water to eastern North Dakota: Seventeen million dollars in federal funds

appropriated under the Garrison Diversion Unit Reformulation Act of 1986

[Pub. L. 99-294; 100 Stat. 418], Dakota Water Resources Act of 1998, or other

federal Act. The local cost has not been determined and will be determined after

project configuration is complete.

b. Southwest pipeline project: Five hundred thousand dollars in local funds, one

million seven hundred thousand dollars in state funds, and twelve million five

hundred thousand dollars in federal funds.

c. Northwest area water supply project: Eight million seven hundred thousand

dollars in local funds and sixteen million three hundred thousand dollars in federal

funds.

d. Other municipal, rural, and industrial projects: Seventeen million seven hundred

thousand dollars in local funds and thirty-two million eight hundred thousand

dollars in federal funds.

e. Grand Forks flood control: Thirty-five million seven hundred thousand dollars in

local funds, twenty-seven million dollars in state funds, and sixty-two million nine

hundred thousand dollars in federal funds; annual bond payments of three million

nine hundred thousand dollars. Components of the Grand Forks flood control

project involve water treatment plant improvements. Those federal costs are

reflected in subdivision d because of potential cost-sharing using Garrison

diversion municipal, rural, and industrial funds. Other projects, such as greenway,

are listed under subdivision g.

f. Devils Lake outlet to Sheyenne River and to west Stump Lake: Bond repayments

of one million five hundred thousand dollars per year.

g. General projects: Thirty-one million seven hundred thousand dollars in local

funds, twenty-five million nine hundred thousand dollars in state funds, and

thirty-nine million eight hundred thousand dollars in federal funds.

3. During the 2003-05 biennium:

a. Water to eastern North Dakota: Six million dollars in federal funds appropriated

under the Garrison Diversion Unit Reformulation Act of 1986 [Pub. L. 99-294; 100

Stat. 418], Dakota Water Resources Act of 1998, or other federal Act. The local

cost has not been determined and will be determined after project configuration is

complete.

b. Southwest pipeline project: One million dollars in local funds, five million dollars in

state funds, and eleven million four hundred thousand dollars in federal funds.

c. Northwest area water supply project: Eleven million eight hundred thousand

dollars in local funds and twenty-one million eight hundred thousand dollars in

federal funds.

d. Other municipal, rural, and industrial projects: Seventeen million seven hundred

thousand dollars in local funds and thirty-two million eight hundred thousand

dollars in federal funds.

e. Grand Forks flood control: Annual bond payments of three million nine hundred

thousand dollars.

f. Devils Lake outlet to Sheyenne River and to west Stump Lake: Bond repayments

of one million five hundred thousand dollars per year.

g. General projects: Twenty-four million dollars in local funds, eighteen million four

hundred thousand dollars in state funds, and five million five hundred thousand

dollars in federal funds.

4. During the 2005-07 biennium:

a. Water to eastern North Dakota: Eighty-four million dollars in federal funds

appropriated under the Garrison Diversion Unit Reformulation Act of 1986

[Pub. L. 99-294; 100 Stat. 418], Dakota Water Resources Act of 1998, or other

federal Act. The local cost has not been determined and will be determined after

project configuration is complete.

b. Southwest pipeline project: One million dollars in local funds, nine million five

hundred thousand dollars in state funds, and nineteen million five hundred

thousand dollars in federal funds.

c. Northwest area water supply project: Five million eight hundred thousand dollars

in local funds and ten million nine hundred thousand dollars in federal funds.

d. Other municipal, rural, and industrial projects: Seventeen million seven hundred

thousand dollars in local funds and thirty-two million eight hundred thousand

dollars in federal funds.

e. Grand Forks flood control: Annual bond payments of three million nine hundred

thousand dollars.

f. Devils Lake outlet to Sheyenne River and to west Stump Lake: Bond repayments

of one million five hundred thousand dollars per year.

g. General projects: Twenty-four million dollars in local funds, eighteen million four

hundred thousand dollars in state funds, and five million five hundred thousand

dollars in federal funds.

5. During the 2007-09 biennium:

a. Water to eastern North Dakota: Fifty-nine million dollars in federal funds

appropriated under the Garrison Diversion Unit Reformulation Act of 1986

[Pub. L. 99-294; 100 Stat. 418], Dakota Water Resources Act of 1998, or other

federal Act. The local cost has not been determined and will be determined after

project configuration is complete.

b. Northwest area water supply project: Three million seven hundred thousand

dollars in local funds and seven million dollars in federal funds.

c. Other municipal, rural, and industrial projects: Seventeen million seven hundred

thousand dollars in local funds and thirty-two million eight hundred thousand

dollars in federal funds.

d. Grand Forks flood control: Annual bond repayments of three million nine hundred

thousand dollars.

e. Devils Lake outlet to Sheyenne River and to west Stump Lake: Bond repayments

of one million five hundred thousand dollars per year.

f. General projects: Twenty-four million dollars in local funds, eighteen million four

hundred thousand dollars in state funds, and five million five hundred thousand

dollars in federal funds.

6. During the 2009-11 biennium:

a. Water to eastern North Dakota: Two million dollars in federal funds appropriated

under the Garrison Diversion Unit Reformulation Act of 1986 [Pub. L. 99-294; 100

Stat. 418], Dakota Water Resources Act of 1998, or other federal Act. The local

cost has not been determined and will be determined after project configuration is

complete.

b. Northwest area water supply project: One million seven hundred thousand dollars

in local funds and three million three hundred thousand dollars in federal funds.

c. Other municipal, rural, and industrial projects: Seventeen million seven hundred

thousand dollars in local funds and thirty-two million eight hundred thousand

dollars in federal funds.

d. Grand Forks flood control: Annual bond repayments of three million nine hundred

thousand dollars.

e. Devils Lake outlet to Sheyenne River and to west Stump Lake: Bond repayments

of one million five hundred thousand dollars per year.

f. General projects: Twenty-four million dollars in local funds, eighteen million four

hundred thousand dollars in state funds, and five million five hundred thousand

dollars in federal funds.

7. Beyond the year 2011:

a. Water to eastern North Dakota: The local cost has not been determined and will

be determined after project configuration is complete.

b. Northwest area water supply project: Eight million seven hundred thousand

dollars in local funds and sixteen million three hundred thousand dollars in federal

funds.

c. Other municipal, rural, and industrial projects: One hundred thirty million two

hundred thousand dollars in local funds and two hundred forty-one million two

hundred thousand dollars in state funds. The anticipated three hundred forty-five

million dollars in federal cost-share has been used in the previous bienniums and

the remaining cost-share for projects has been identified as a potential state

cost-share.

d. Grand Forks flood control: A total of fifty-eight million five hundred thousand

dollars in bond repayments is anticipated.

e. Devils Lake outlet to Sheyenne River and to west Stump Lake: A total of fifteen

million dollars in bond repayments.

f. General projects: Two hundred twenty million two hundred thousand dollars in

local funds, one hundred fifty-six million four hundred thousand dollars in state

funds, and thirty-four million three hundred thousand dollars in federal funds.
N.D. Cent. Code § 61-35-67 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-67
61-35-67. Lien of special assessment
Status: in_force

61-35-67. Lien of special assessment

A special assessment imposed by a district, with accrued interest and penalties, is a lien

upon the property on which the assessment is levied from the time the assessment list is

approved by the district board until the assessment is fully paid. The liens have precedence

over all other liens except general tax liens and may not be divested by any judicial sale.

Mistake in the description of the property covered by the special assessment lien or in the name

of the owner of such property does not defeat the lien if the assessed property can be identified

by the description in the assessment list. This chapter must be considered notice to all

subsequent encumbrances of the priority of special assessments imposed under this chapter.
N.D. Cent. Code § 61-10-15 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-15
61-10-15. Notice of petition for exclusion of lands - Contents - Publishing or posting - Time specified in notice
Status: repealed

61-10-15. Notice of petition for exclusion of lands - Contents - Publishing or posting -

Time specified in notice.

Repealed by S.L. 1959, ch. 410, § 15.
N.D. Cent. Code § 61-16.1-43.1 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-43.1
61-16.1-43.1. Assessment drain culverts
Status: in_force

61-16.1-43.1. Assessment drain culverts

If, during the preparation of the report required under section 61-16.1-17 or during the

planning for maintenance or reconstruction of an existing assessment drain, a water resource

board discovers it may be necessary to install a culvert through a road not on the route of the

assessment drain, but which is within the assessment area and necessary for surface water to

reach the assessment drain, the water resource board shall notify and solicit guidance from the

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

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

is necessary after considering any guidance received from the department of transportation,

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

transportation, board of county commissioners, or board of township supervisors shall make

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

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

be allocated as provided under section 61-16.1-43.
N.D. Cent. Code § 61-04-08 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-08
61-04-08. Prosecution of work - State engineer may approve another application upon failure of original applicant to complete - Exception
Status: repealed

61-04-08. Prosecution of work - State engineer may approve another application upon

failure of original applicant to complete - Exception.

Repealed by S.L. 1965, ch. 447, § 24.
N.D. Cent. Code § 61-09-04 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-04
61-09-04. Assessment of property not in name of owner not to invalidate assessment
Status: in_force

61-09-04. Assessment of property not in name of owner not to invalidate assessment

The assessment of any property in the name of a person not the owner thereof in no way

shall invalidate the assessment of any unit or tract of land.
N.D. Cent. Code § 61-16-44 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-44
61-16-44. Penalty for violation of chapter
Status: repealed

61-16-44. Penalty for violation of chapter

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-32-09 — ND Code / Title 61 / Chapter 61-32 / Section 61-32-09
61-32-09. Wetlands replacement fund - Continuing appropriation
Status: repealed

61-32-09. Wetlands replacement fund - Continuing appropriation

Repealed by S.L. 1995, ch. 599, § 3.
N.D. Cent. Code § 61-03-03 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-03
61-03-03. Approval of claims
Status: in_force

61-03-03. Approval of claims

All claims for services rendered, expenses incurred, or materials or supplies furnished

under the direction of the director and which are payable from the funds appropriated for the

work under the director's direction and supervision must be approved by the director before

payment.
N.D. Cent. Code § 61-04.1-03 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-03
61-04.1-03. Definitions
Status: in_force

61-04.1-03. Definitions

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

1. "Controller" refers to any licensee duly authorized in this state to engage in weather

modification operations.

2. "Geographical region" means a geographical area with a contiguous boundary that

may enclose a portion of any county or counties.

3. "Hail suppression" refers to the activation of any process that will reduce, modify,

suppress, eliminate, or soften hail formed in clouds or storms.

4. "Increasing precipitation" refers to the activation of any process that will actually result

in greater amounts of moisture reaching the ground in any area from a cloud or cloud

system than would have occurred naturally.

5. "Initiating precipitation" refers to the process of causing precipitation from clouds which

could not otherwise have occurred naturally or inducing precipitation significantly

earlier than would have occurred naturally.

6. "Operation" means the performance of any weather modification activity undertaken

for the purpose of producing or attempting to produce any form of modifying effect

upon the weather within a limited geographical area or within a limited period of time.

7. "Research and development" means exploration, field experimentation, and extension

of investigative findings and theories of a scientific or technical nature into practical

application for experimental and demonstration purposes, including the experimental

production of models, devices, equipment, materials, and processes.

8. "Weather modification" means and extends to the control, alteration, and amelioration

of weather elements, including man-caused changes in the natural precipitation

process, hail suppression or modification, and alteration of other weather phenomena,

including clouds, temperature, wind direction, and velocity, and the initiating,

increasing, decreasing, and otherwise modifying by artificial methods of precipitation in

the form of rain, snow, hail, mist, or fog through cloud seeding, electrification, or by

other means to provide immediate practical benefits.

9. "Weather modification authority" means the governing body created by a board of

county commissioners under section 61-04.1-22.1, 61-04.1-23, 61-04.1-27,

61-04.1-29, or 61-04.1-31.
N.D. Cent. Code § 61-24-07 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-07
61-24-07. Attorney general shall act as legal adviser - Department of water resources to assist board - Employment of counsel and engineers
Status: in_force

61-24-07. Attorney general shall act as legal adviser - Department of water resources

to assist board - Employment of counsel and engineers.

The attorney general shall act as the legal adviser of the board to the extent the duties of

the attorney general permit. The department of water resources shall furnish engineering

services and assistance to the extent the duties of the department permit. When the district has

funds available, the board of directors may employ other counsel to advise and represent the

board in the board's proceedings and affairs, and may employ other engineers and engineering

services in connection with the board's work and the affairs of the district.
N.D. Cent. Code § 61-10-12 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-12
61-10-12. Authority of guardians, personal representatives, and conservators on proposal to change boundaries of district
Status: in_force

61-10-12. Authority of guardians, personal representatives, and conservators on

proposal to change boundaries of district.

A guardian, conservator, or personal representative who is appointed as such under the

laws of this state, and who is thereby entitled to the possession of the lands belonging to the

estate which the person represents, on behalf of the person's ward or the estate which the

person represents, or upon being authorized by the proper court, may sign and acknowledge

the petition provided in this chapter, or the person may show cause, as mentioned in this

chapter, why the boundaries of the district should not be changed.
N.D. Cent. Code § 61-35-73 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-73
61-35-73. Lien between vendor and vendee of special assessments
Status: in_force

61-35-73. Lien between vendor and vendee of special assessments

As between a vendor and vendee of real property, unless the purchase contract otherwise

provides, the installments of all special assessments for local improvements which are required

to be certified and returned to the county auditor in each year become a lien upon the real

property upon which they are assessed from and after the first day of December in that year.
N.D. Cent. Code § 61-20-01 — ND Code / Title 61 / Chapter 61-20 / Section 61-20-01
61-20-01. Valve or valves required on artesian well - Flow permitted from artesian wells - Preventing flow
Status: in_force

61-20-01. Valve or valves required on artesian well - Flow permitted from artesian

wells - Preventing flow.

Every person, stock company, association, corporation, or limited liability company owning

or controlling the real estate upon which is located an artesian or flowing well shall provide for

each such well a valve or valves capable of controlling the discharge from such well and shall

keep such valve or valves so adjusted that only such supply of water shall escape as is

necessary for ordinary use by the owner, or the person in control, of such land, in conducting

the owner's or person's business. In the winter, such flow may be permitted as will prevent

freezing of the well, and when it is necessary, a sufficient flow may be allowed for the purposes

of developing the well. The owner of an artesian well shall be required, by means of the

construction of a reservoir or otherwise, to prevent the flow of the owner's well from running

upon land belonging to another or from running into any ditch along any public highway except a

regularly established drainage ditch.
N.D. Cent. Code § 61-35-50 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-50
61-35-50. Acquiring property for sewers, water mains, and water supply beyond district limits
Status: in_force

61-35-50. Acquiring property for sewers, water mains, and water supply beyond

district limits.

When it is necessary to conduct the sewage of a district or to acquire a supply of water

beyond the district limits and to construct mains or aqueducts to conduct water or sewage to the

district limits, the board by grant, purchase, or condemnation proceedings may acquire private

property over which to construct the sewer, or upon and over which to establish facilities for

obtaining and storing such water supply and aqueducts or mains for conducting water to the

corporate limits. Public property may be acquired for those purposes by grant or purchase from

the government or public corporation owning the property. The cost of acquiring such property

and building such sewer or other facilities upon or over the property may be included in the cost

of construction or acquisition of a district waterworks or sewerage system and in the district's

special assessments levied, or the entirety of such a project may be completed as an

improvement to an existing waterworks or sewage system and special assessments may be

levied for that purpose in accordance with the provisions of this title.
N.D. Cent. Code § 61-08-28 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-28
61-08-28. Payment of bonds and interest
Status: in_force

61-08-28. Payment of bonds and interest

The county treasurer shall pay the principal of, premium, if any, and interest on the bonds

upon maturity, redemption, or purchase in the open market from any moneys in the fund created

for the payment thereof. The county treasurer may disburse moneys in the fund to the fiscal

agent or trustee appointed by the board for the purpose of paying the principal of, premium, if

any, and interest on the bonds for which the fund was created, without any authorization from

the board.
N.D. Cent. Code § 61-24-26 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-26
61-24-26. Validity of notes and bonds
Status: in_force

61-24-26. Validity of notes and bonds

Bond anticipation notes, revenue bonds, or refunding bonds bearing the manual or facsimile

signatures of the appropriate officers who are in office on the date of signing are valid and

binding obligations notwithstanding that before the delivery and payment any or all of the

individuals whose signatures appear on the notes or bonds have ceased to be officers of the

issuing district. The resolution authorizing the notes or bonds may provide that the notes or

bonds must contain a recital that they are issued under this chapter and the recital is conclusive

evidence of their validity and of the regularity of their issuance.
N.D. Cent. Code § 61-16-49 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-49
61-16-49. Division of a water management district
Status: repealed

61-16-49. Division of a water management district

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-10-21 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-21
61-10-21. Filing copy of orders - Effect
Status: repealed

61-10-21. Filing copy of orders - Effect

Repealed by S.L. 1959, ch. 410, § 15.
N.D. Cent. Code § 61-39-11 — ND Code / Title 61 / Chapter 61-39 / Section 61-39-11
61-39-11. Notes and bonds exempt from taxation
Status: in_force

61-39-11. Notes and bonds exempt from taxation

Notwithstanding any restriction contained in any other law, the state and all public officers,

boards, and agencies, and political subdivisions and agencies thereof, including the public

finance authority; all national banking associations; state banks; trust companies; savings banks

and institutions; savings and loan associations; investment companies; and other persons

carrying on a banking business; and executors, administrators, guardians, trustees, and other

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

within their control in any bonds issued by the authority pursuant to this chapter, and the bonds

are authorized security for public deposits. Notes and bonds, including refunding bonds, issued

under this chapter and their income are exempt from all taxation by the state or by any political

subdivision except inheritance, estate, and transfer taxes.
N.D. Cent. Code § 61-06-08 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-08
61-06-08. Officers or employees bonded in state bonding fund - Assessment payment
Status: in_force

61-06-08. Officers or employees bonded in state bonding fund - Assessment

payment.

Every elective or appointive officer or employee of whom a bond is required under the

provisions of this chapter shall be deemed to be bonded in the state bonding fund upon the

giving of notice of such election or appointment by the secretary of the district to the

administrator of the fund. Upon notification of the amount of the assessment, the secretary of

the district shall remit the payment.
N.D. Cent. Code § 61-01-10 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-10
61-01-10. Interference with piers or booms - Penalty
Status: repealed

61-01-10. Interference with piers or booms - Penalty

Repealed by S.L. 1975, ch. 106, § 673.
N.D. Cent. Code § 61-09-20 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-20
61-09-20. How rate of special assessment determined
Status: in_force

61-09-20. How rate of special assessment determined

The rate of assessment determined by a special election as provided in section 61-09-18

shall be ascertained and apportioned in the manner as provided in this chapter, specifically

sections 61-09-01 through 61-09-03, for all special assessments which an irrigation district has

the authority to levy.
N.D. Cent. Code § 61-28-07 — ND Code / Title 61 / Chapter 61-28 / Section 61-28-07
61-28-07. Proceedings
Status: in_force

61-28-07. Proceedings

Any proceeding under this chapter for issuance or modification of rules, including

emergency orders relating to control of water pollution or for determining compliance with or

violation of this chapter, or adoption of any rule or order under this chapter by the department,

must be conducted in accordance with chapter 28-32. Any person claiming to be aggrieved or

adversely affected by actions taken, or by any rule or order issued under this chapter may

request a hearing by the department. There is a right of appeal to the district court from any

adverse ruling by the department. Where an emergency exists requiring immediate action to

protect the quality of water for legitimate uses and the public health and welfare, the

department, without further notice or hearing, may issue an order reciting the existence of the

emergency and requiring that such immediate action be taken as is necessary to meet this

emergency. Notwithstanding this chapter, the order is effective immediately. Any person to

whom the order is directed shall comply immediately, but on application to the department must

be afforded a hearing before the department within ten days. On the basis of that hearing, the

emergency order must be continued, modified, or revoked within thirty days after the hearing. In

the alternative, upon receipt of evidence that a pollution source or combination of sources is

presenting an imminent and substantial endangerment to the health of persons or to the welfare

of persons where the endangerment to welfare is to the livelihood of those persons, or upon

receipt of evidence that pollution causes or threatens to cause a continuing violation of water

quality standards in a manner that substantially interferes with or causes long-term or

irreparable harm to waters of this state that the department determines has statewide or

regional significance or has a substantial impact to a local community, the department may bring

suit on behalf of the state in the district court for the county in which the violation is taking place

to immediately restrain any person causing or contributing to the alleged pollution to stop the

discharge of pollutants causing or contributing to the pollution, or to otherwise enjoin any

pollution causing a substantial water quality violation as described in this section, or to take

such other action as may be necessary.
N.D. Cent. Code § 61-16.1-26 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-26
61-16.1-26. Reassessment of benefits
Status: in_force

61-16.1-26. Reassessment of benefits

A water resource board may hold at any time or, upon petition of any affected landowner or

assessed political subdivision after a project has been in existence for at least one year, shall

hold a hearing to determine the benefits of the project to each tract of land affected. Notice of

the hearing must be given by publication once each week for three consecutive weeks,

beginning at least thirty days before the hearing, in the newspaper having general circulation in

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

located and by mailing notice of the hearing in an envelope clearly marked "ASSESSMENT

NOTICE" to each owner of land in the assessed district at the landowner's address as shown by

the tax rolls of the counties in which the affected property is located. The provisions of this

chapter governing the original determination of benefits and assessment of costs apply to any

reassessment of benefits carried out under this section. Regardless of the number of petitions

received, the board is not required to conduct a reassessment more than once every ten years.

An assessment or balance supporting a project fund may not be reduced or impaired by

reassessment or otherwise so long as bonds payable out of the fund remain unpaid and

moneys are not available in the fund to pay all the bonds in full, with interest. Costs of

maintenance must be prorated in accordance with any adopted plan for reassessment of

benefits.
N.D. Cent. Code § 61-05-08 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-08
61-05-08. Petition accompanied by map - Contents - Scale
Status: in_force

61-05-08. Petition accompanied by map - Contents - Scale

The petition provided for in section 61-05-07 must be accompanied by a map or maps of the

proposed district. The map must show the location of the proposed conveyance systems and

other works intended to be used to irrigate the lands of the proposed district. If the water supply

is from a natural stream, the flow of the stream must be stated in cubic feet [meters] per second.

If the water supply for the district is to be gathered by a storage reservoir, the map must show

the location of the storage reservoir and state the reservoir's capacity in acre-feet. If the water

supply is from a ground water source, the map must show the general location of wells and

proposed pumping rates. Unless otherwise permitted by the department of water resources, the

map must be drawn to a scale of not less than two inches [5.08 centimeters] to the mile [1.61

kilometers]. Preliminary designs of all proposed conveyance systems and other works must be

prepared in sufficient detail to show the contemplated method of construction, along with a

feasibility report on the proposed plan of irrigation. The feasibility report must include an

analysis of the soil and water compatibility of the irrigable lands of the proposed district. A

registered professional engineer shall prepare the map, preliminary designs, and feasibility

report required by this section.
N.D. Cent. Code § 61-08-41 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-41
61-08-41. Issuance of revenue bonds
Status: in_force

61-08-41. Issuance of revenue bonds

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

revenue-producing facility, and the issuance of revenue bonds in anticipation of the collection of

the revenues of the facility, may be authorized by resolution adopted by the affirmative vote of a

majority of the board of directors. The amount of the bonds authorized may not exceed the

amount authorized by the electors of the district as provided in this chapter.
N.D. Cent. Code § 61-02-54 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-54
61-02-54. Resolution providing for issuance of bonds
Status: in_force

61-02-54. Resolution providing for issuance of bonds

Each resolution providing for the issuance of bonds provided for in this chapter shall set

forth the purpose or purposes for which the bonds are to be issued, the provisions for the

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

bonds.
N.D. Cent. Code § 61-02-64.1 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-64.1
61-02-64.1. Contract fund - Purpose - Reimbursements to be deposited with the state treasurer
Status: in_force

61-02-64.1. Contract fund - Purpose - Reimbursements to be deposited with the state

treasurer.

Unless otherwise provided under the terms of a bond resolution or trust indenture adopted

by the commission pursuant to this chapter, all contractual obligations of the commission,

excepting salaries and expenses of commission employees and the cost of any office supplies,

materials, and equipment, must be paid from the contract fund. The moneys in the contract fund

must be paid out or disbursed in the manner determined by the commission. Any moneys paid

to the commission by any department, agency, or political subdivision of this or another state or

of the United States or any person, corporation, or limited liability company to meet its part of

the cost of a water project, shared with the commission on a matching basis, and as determined

by a contract entered into with the commission, must be held pursuant to the terms of the

resolution or trust indenture adopted by the commission pursuant to this chapter or deposited

with the state treasurer. Moneys deposited with the state treasurer are appropriated to the

commission and must be credited to the contract fund.
N.D. Cent. Code § 61-32-06 — ND Code / Title 61 / Chapter 61-32 / Section 61-32-06
61-32-06. Uniform wetlands classification
Status: repealed

61-32-06. Uniform wetlands classification

Repealed by S.L. 1995, ch. 599, § 3.
N.D. Cent. Code § 61-02-12 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-12
61-02-12. Compensation and expenses of appointive members of commission
Status: in_force

61-02-12. Compensation and expenses of appointive members of commission

Each appointive member of the commission is entitled to receive compensation per day in

the amount provided for members of the legislative management under section 54-35-10 and

must be reimbursed for expenses in the amounts provided in sections 44-08-04 and 54-06-09

while attending meetings of the commission or, at the discretion of the member, may receive

either per diem compensation or expenses in those amounts while otherwise engaged in official

business of the commission, including time of travel between home and the place at which the

member performs such duties.
N.D. Cent. Code § 61-16.1-08 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-08
61-16.1-08. County treasurer to collect and remit taxes to district treasurer - Investment of district funds - Expenditure of district funds
Status: in_force

61-16.1-08. County treasurer to collect and remit taxes to district treasurer -

Investment of district funds - Expenditure of district funds.

The treasurer of each county in which a district, or a part of a district, is situated shall collect

all district taxes and special assessments together with any penalty and interest thereon in the

same manner as county taxes are collected, and shall, within twenty days after the close of

each month, pay to the treasurer of the district those taxes and assessments collected during

the preceding month, and shall notify the secretary of the district of the payment. In June and

December of each year, and as the county commission may otherwise require, the district

treasurer shall report to each member of the water resource board the amount of money in the

district treasury, the amount of receipts in the preceding month, and items and amounts of

expenditures. At each regular meeting of the board the treasurer shall submit to the board a

statement of the district's finances.

Each district may invest any money in the district treasury, including money in any sinking

fund established for the purpose of providing for the payment of the principal or interest of any

contract, bond, or other indebtedness or for any other purpose, not required for the immediate

needs of the district, in accordance with chapter 21-04.

Funds of the district shall be paid out or expended only upon the authorization or approval

of the water resource board and by check, draft, warrant, or other instrument in writing, signed

by the treasurer, assistant treasurer, or any other officer, employee, or agent of the district

authorized by the treasurer to sign on behalf of the treasurer. The authorization shall be in

writing and filed with the secretary of the district.
N.D. Cent. Code § 61-02-08 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-08
61-02-08. Meetings of commission
Status: in_force

61-02-08. Meetings of commission

The commission shall hold at least one meeting every two months at places as it, by

resolution, may provide. The chairman, or in the chairman's absence or disability, the vice

chairman of the commission, may issue a call for any meeting at any time. The governor or

governor's appointed representative shall preside at all meetings of the commission, and in

case of the absence or disability of the governor and governor's appointed representative, the

vice chairman shall preside.
N.D. Cent. Code § 61-12-18 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-18
61-12-18. Petition for review of assessments
Status: in_force

61-12-18. Petition for review of assessments

Should any landowner believe that the assessment of the damages suffered has not been

made fairly or equitably the landowner may appeal to the district court of the county in which the

land is situated, by filing a petition with the clerk of the district court of the county, asking for a

review of such assessment of damages. The appeal must be taken in accordance with the

procedure provided in section 28-34-01.
N.D. Cent. Code § 61-16.1-12 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-12
61-16.1-12. Scope of water resource board's extraterritorial contractual authority - Board may acquire property in adjoining states and provinces
Status: in_force

61-16.1-12. Scope of water resource board's extraterritorial contractual authority -

Board may acquire property in adjoining states and provinces.

A water resource board shall have the right, power, and authority to enter into contracts or

other arrangements for water conservation, water supply, flood control, or other authorized

projects with the United States government or any department thereof, with the Canadian

government or any department thereof or any of its provinces or municipalities, with persons,

railroads, other corporations, or limited liability companies, with public corporations, and state

governments of this or other states, with drainage, water resource, conservation, conservancy,

or improvement districts, or other such districts in this or other states. Such contracts or

arrangements can provide for cooperation or assistance in planning, constructing, maintaining,

and operating such projects and in making investigations and reports thereon, and for the

carrying out of any other provision of this chapter. A water resource board may purchase, lease,

or acquire land or other property in adjoining states or provinces to secure outlets to construct

and maintain dikes or dams, or for other purposes authorized by this chapter and may let

contracts or spend money for securing such outlets or works in adjoining states or provinces. No

water resource board of any district shall have the right, power, or authority to connect boundary

waters having different natural outlets by artificial means so that the waters of one may be

discharged into the other.
N.D. Cent. Code § 61-16.2-11 — ND Code / Title 61 / Chapter 61-16.2 / Section 61-16.2-11
61-16.2-11. Authority to enter and investigate lands or waters
Status: in_force

61-16.2-11. Authority to enter and investigate lands or waters

The department or any community must notify all landowners prior to making any entry

upon any lands and waters in the state for the purpose of making an investigation, survey,

removal, or repair contemplated by this chapter. An investigation of a nonconforming use or

existing construction or structure must be made by the department either on the department's

own initiative, on the written request of an owner of land abutting the watercourse involved, or

on the written request of a community.
N.D. Cent. Code § 61-35-35 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-35
61-35-35. Bonds and receipts or certificates issued pending preparation of bonds - Negotiability
Status: in_force

61-35-35. Bonds and receipts or certificates issued pending preparation of bonds -

Negotiability.

Pending the preparation of the definitive bonds, bond anticipation notes may be issued and

sold in the form and with the provisions determined by the board.
N.D. Cent. Code § 61-28.1-07 — ND Code / Title 61 / Chapter 61-28.1 / Section 61-28.1-07
61-28.1-07. Certification of laboratories
Status: repealed

61-28.1-07. Certification of laboratories

Repealed by S.L. 2019, ch. 217, § 2.
N.D. Cent. Code § 61-40-05 — ND Code / Title 61 / Chapter 61-40 / Section 61-40-05
61-40-05. Authority of the western area water supply authority
Status: in_force

61-40-05. Authority of the western area water supply authority

In addition to authority declared under section 61-40-01, the board of directors of the

western area water supply authority may:

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

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

described in this chapter for the purpose of acquiring and securing any right, title,

interest, estate, or easement necessary or proper to carry out the duties imposed by

this chapter, and particularly to acquire the necessary rights in land for the construction

of an entire part of any pipeline, reservoir, connection, valve, pumping installation, or

other facility for the storage, transportation, or utilization of water and all other

appurtenant facilities used in connection with the authority. However, if the interest

sought to be acquired is a right of way for any project authorized in this chapter, the

authority, after making a written offer to purchase the right of way and depositing the

amount of the offer with the clerk of the district court of the county in which the right of

way is located, may take immediate possession of the right of way, as authorized by

section 16 of article I of the Constitution of North Dakota. Within thirty days after notice

has been given in writing to the landowner by the clerk of the district court that a

deposit has been made for the taking of a right of way as authorized in this subsection,

the owner of the property taken may appeal to the district court by serving a notice of

appeal upon the acquiring agency, and the matter must be tried at the next regular or

special term of court with a jury unless a jury be waived, in the manner prescribed for

trials under chapter 32-15.

3. Accept funds, property, services, pledges of security, or other assistance, financial or

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

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

The authority may cooperate and contract with the state or federal government, or any

department or agency of state or federal government, or any city, water district, or

water system within the authority, in furnishing assurances and meeting local

cooperation requirements of any project involving treatment, control, conservation,

distribution, and use of water.

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

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

construction, development, or operation of the authority.

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

the board determines necessary to conduct the business and affairs of the authority

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

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

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

within or outside the territorial boundaries of the authority and this state.

7. Hold, own, sell, or exchange any and all property purchased or acquired by the

authority. All money received from any sale or exchange of property must be deposited

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

8. Enter contracts to obtain a supply of bulk water through the purchase of infrastructure,

bulk water sale or lease, which contracts may provide for payments to fund some or all

of the authority's costs of acquiring, constructing, or reconstructing one or more water

supply or infrastructure.

9. Acquire, construct, improve, and own water supply infrastructure, office and

maintenance space in phases, in any location, and at any time.

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

use to persons within or outside the authority. The contracts may provide for payments

to fund some or all of the authority's costs of acquiring, constructing, or reconstructing

one or more water system projects, as well as the authority's costs of operating and

maintaining one or more projects, whether the acquisition, construction, or

reconstruction of any water supply project actually is completed and whether water

actually is delivered pursuant to the contracts. The contracts the cities, water districts,

and other entities that are members of the western area water supply authority are

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

11. Borrow money as provided in this chapter.

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

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

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

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

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

construction, acquisition, lease, or other provision of a project, and enter agreements

with the agency respecting the loans or grants. Other than state-guaranteed loans,

additional debt that may form the basis of a claim for territorial or franchise protection

for industrial water sales for oil and gas exploration and production may be acquired

by the authority or member entities only upon approval by the state water commission

and the emergency commission.

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

indebtedness, and provide for payment of debts and expenses of the authority.

15. Operate and manage the authority to distribute water to any out-of-state cities or water

systems that contract with the authority.

16. Accept, apply for, and hold water allocation permits.

17. Adopt rules concerning the planning, management, operation, maintenance, sale, and

ratesetting regarding water sold by the authority. The authority may adopt a rate

structure with elevated rates set for project industrial water depot and lateral supplies

in recognition that a large component of the project expense is being incurred to meet

the demands of industrial users. The industrial water depot and lateral rate structure

must be approved in accordance with section 61-40-11.

18. Develop water supply systems; store and transport water; and provide, contract for,

and furnish water service for domestic, municipal, and rural water purposes; milling,

manufacturing, mining, industrial, metallurgical, and any and all other beneficial uses;

and fix the terms and rates therefore. The authority may acquire, construct, operate,

and maintain dams, reservoirs, ground water storage areas, canals, conduits,

pipelines, tunnels, and any and all treatment plants, works, facilities, improvements,

and property necessary the same without any required public vote before taking

action.

19. Contract to purchase or improve water supply infrastructure or to obtain bulk water

supplies without requiring any vote of the public on the projects or contracts. In relation

to the initial construction of the system and for the purposes of entering a contract with

the authority, municipalities are exempt from the public voting requirements or water

contract duration limitations otherwise imposed by section 40-33-16.

20. Accept assignment by member entities of contracts that obligate member entities to

provide a water supply, contracts that relate to construction of water system

infrastructure, or other member entity contracts that relate to authorities transferred to

the authority under this chapter.

21. Issue revenue bonds to repay its loan obligations to the Bank of North Dakota. For the

purpose of issuing such revenue bonds, the provisions of chapters 40-35 and 40-36

apply to the extent necessary and consistent with S.L. 2017, ch. 19, § 12.
N.D. Cent. Code § 61-24.5-21 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-21
61-24.5-21. Reserve fund for replacement
Status: in_force

61-24.5-21. Reserve fund for replacement

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

water user entities for replacement and extraordinary maintenance of the southwest pipeline

project, there must be maintained a fund to be designated as the southwest pipeline project

reserve fund for replacement. All moneys received by the southwest water authority, whether

from payments made by water user entities, or otherwise, for replacement and extraordinary

maintenance of the southwest pipeline project, which are by law or by other authoritative

designation made applicable to replacement of the southwest pipeline project, must be kept by

the southwest water authority in the fund distinct from all other moneys and may be disbursed

only for the particular purpose for which the moneys were received.
N.D. Cent. Code § 61-24.7-01 — ND Code / Title 61 / Chapter 61-24.7 / Section 61-24.7-01
61-24.7-01. Legislative findings and intent - Authority to issue bonds
Status: in_force

61-24.7-01. Legislative findings and intent - Authority to issue bonds

The legislative assembly finds that the provision of water of sufficient quantity and quality to

supply homes, businesses, industries, wildlife, and recreation in the Red River valley within this

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

prosperity and the general welfare of the people of the Red River valley and that construction of

the Red River valley water supply project involves and requires the exercise of the sovereign

powers of the state and concerns a public purpose. Therefore, it is declared necessary and in

the public interest that the state by and through the state water commission provide a share of

the cost of constructing the Red River valley water supply project.
N.D. Cent. Code § 61-02-46 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-46
61-02-46. Commission may issue bonds - Legislative authorization - Payment restricted
Status: in_force

61-02-46. Commission may issue bonds - Legislative authorization - Payment

restricted.

1. The commission may provide by resolution, at one time or from time to time, for the

issuance of state water development revenue bonds for the purpose of paying the cost

of any one or more of the works authorized by this chapter. The commission may

provide for the refunding and refinancing of the bonds from time to time as often as it

is advantageous and in the public interest to do so.

2. If the principal amount of bonds to be issued for any one works pursuant to this

chapter will exceed in the aggregate two million dollars, no bonds may be issued to

finance that works unless the legislative assembly authorizes the works and declares

the works to be in the public interest.

3. Bonds issued under this chapter shall not be in any way a debt or liability of this state

and shall not constitute a loan of the credit of this state or create any debt or debts,

liability or liabilities on behalf of this state, or be or constitute a pledge of the faith and

credit of this state, but all such bonds shall be payable solely from funds or revenues

pledged or available for their payment as authorized in this chapter. The bonds shall

not constitute a charge, lien, nor encumbrance, legal or equitable, upon any property

of the commission, other than funds or revenues pledged for their payment. Each bond

shall recite in substance that the bond, including interest thereon, is payable solely

from the funds or revenues pledged to the payment thereof, and that the bond does

not constitute a debt of this state or of the commission within the meaning of any

constitutional or statutory limit.
N.D. Cent. Code § 61-28.1-08 — ND Code / Title 61 / Chapter 61-28.1 / Section 61-28.1-08
61-28.1-08. Administrative procedure and judicial review
Status: in_force

61-28.1-08. Administrative procedure and judicial review

Any proceeding under this chapter for:

1. The issuance or modification of rules and regulations, including emergency orders; or

2. The determination of compliance with rules and regulations of the department,

shall be conducted in accordance with the provisions of chapter 28-32, and appeals may be

taken as therein provided. When an emergency exists requiring immediate action to protect the

public health and safety, the department may, without notice or hearing, issue an order reciting

the existence of such emergency. Notwithstanding any provision of this chapter, such order shall

be effective immediately, but upon application to the department within ten days of such order

any person to whom such order is directed shall be afforded a hearing. Such hearing shall be in

accordance with chapter 28-32. On the basis of such hearing, the emergency order shall be

continued, modified, or revoked, within thirty days after such hearing.
N.D. Cent. Code § 61-16-06.1 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-06.1
61-16-06.1. Consolidation of water resource districts
Status: in_force

61-16-06.1. Consolidation of water resource districts

1. Any two or more water resource districts may be consolidated into a single district, or

existing districts may be adjusted to reflect watershed boundaries, as determined by

the department of water resources, by filing with the state water commission a petition

signed by a majority of the members of the board of each of the districts or fifty percent

or more of the landowners within each of the districts.

When the petition is filed by the district boards, it must be accompanied by a certified

copy of the resolution of the governing boards authorizing the signing of the petition.

The petition must contain a detailed plan for the disposition of the property, assets, and

liabilities of each of the districts. This plan must be as equitable as practicable to every

landowner within the districts and must fully protect creditors and the holders of

improvement warrants of the petitioning districts. The plan may provide for a

continuance of assessments upon properties in the petitioning districts to retire

outstanding obligations, or for the assumption of outstanding obligations and the

spreading of assessments for the payment of the outstanding obligations over

properties in the newly created district. The state water commission may not approve

the petition unless the petition fully meets the requirements of this section.

2. The state water commission shall fix a time and place for a public hearing on a petition

filed under this section at a site convenient and accessible for a majority of the affected

individuals. At least fifteen days prior to the date of hearing, the commission shall

publish notice of the hearing in at least one newspaper of general circulation in each of

the districts being consolidated or adjusted. Additional notice of the hearing may be

given in a manner prescribed by the state water commission.

3. Prior to the hearing, the department of water resources shall make, or cause to be

made, an investigation of the need for consolidation of the petitioning districts and

shall submit a report of the findings to the state water commission. This report must be

presented at the petition hearing. If the state water commission finds it is not feasible,

desirable, or practical to consolidate the petitioning districts, the commission shall

deny the petition and state the reasons for denial. If the state water commission finds

problems of flood control, watershed development or improvement, drainage, water

supply, or other reasons make consolidation or boundary adjustment and

establishment of the proposed water resource district desirable, the commission shall

grant the petition and create the district. Upon creation of the new water resource

district, the state water commission shall dissolve the included districts or make

necessary boundary adjustments to existing districts.
N.D. Cent. Code § 61-39-15 — ND Code / Title 61 / Chapter 61-39 / Section 61-39-15
61-39-15. Remedies of bondholders in general
Status: in_force

61-39-15. Remedies of bondholders in general

Subject to any contractual limitations binding upon the holders of any issue of bonds, or a

trustee for the holders, including the restriction of the exercise of any remedy to a specified

proportion or percentage of the holders, any holder of bonds or trustee, for the equal benefit and

protection of all bondholders similarly situated, may:

1. By mandamus or other civil action, enforce the holder's rights against the authority and

its board and any of its officers, agents, or employees and may require the authority or

the board or any officers, agents, or employees of the authority or board to perform

their duties and obligations under this chapter and their covenants and agreements

with bondholders.

2. By civil action, require the authority and the board to account as if they were the

trustees of an express trust.

3. By civil action, enjoin any acts or things that may be unlawful or in violation of the

rights of the bondholders.

4. Bring suit upon the bond.

A right or remedy conferred by this chapter upon any bondholder, or upon any trustee for a

bondholder, is not intended to be exclusive of any other right or remedy, but each such right or

remedy is cumulative and in addition to every other right or remedy and may be exercised

without exhausting and without regard to any other remedy conferred by this chapter or by any

other law of this state.
N.D. Cent. Code § 61-35-81 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-81
61-35-81. County treasurer to certify and receipt for amount of special assessments collected - Contents of certificate - Procedure for abatement
Status: in_force

61-35-81. 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, and 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 § 61-20-08 — ND Code / Title 61 / Chapter 61-20 / Section 61-20-08
61-20-08. Deputy - Appointment by state geologist - Removal - Salary
Status: repealed

61-20-08. Deputy - Appointment by state geologist - Removal - Salary

Repealed by S.L. 1965, ch. 447, § 24.
N.D. Cent. Code § 61-01-23 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-23
61-01-23. Investigation or removal of obstructions in channel
Status: in_force

61-01-23. Investigation or removal of obstructions in channel

In order to investigate or remove obstructions from the channel or bed of any watercourse

and thus prevent ice from gorging therein and to prevent flooding or pollution of such

watercourse, the state water commission, any water resource district, any municipality, any

board of county commissioners, and any federal agency authorized to construct works for

prevention of damage by floods or for abatement of stream pollution, may enter upon lands lying

adjacent to such watercourse to investigate or remove, or cause to be removed from the bed,

channel, or banks of such watercourse obstructions which prevent or hinder the free flow of

water or passage of ice therein. However, such entry upon adjacent lands must be by the most

accessible route and the entering agency is responsible to the landowner for any damage.
N.D. Cent. Code § 61-04-33 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-33
61-04-33. Water storage contracts
Status: in_force

61-04-33. Water storage contracts

A federal agency that enters into discussions with an entity relating to a water storage

contract from a reservoir partially or wholly located within the state shall provide the department

of water resources with a sixty-day notice once the discussions begin. Communications

regarding a water storage contract must be copied to the department of water resources. The

department of water resources must be provided with an executed copy of a water storage

contract.
N.D. Cent. Code § 61-16.1-05 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-05
61-16.1-05. Bonds of treasurer and appointive officers
Status: in_force

61-16.1-05. Bonds of treasurer and appointive officers

The treasurer of a district shall be bonded in the amount set by the water resource board

but the bond shall not be less than one thousand dollars. Other district employees shall be

bonded in any amount set by the board. Every officer or employee of whom a bond is required

shall be deemed bonded with the state bonding fund upon notice of that appointment given to

the administrator of the fund by the secretary of the district. Upon notification of the assessment,

the district treasurer shall remit the payment.
N.D. Cent. Code § 61-35-79 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-79
61-35-79. Extension of special assessments on tax lists - Collection - Payment over to district
Status: in_force

61-35-79. Extension of special assessments on tax lists - Collection - Payment over to

district.

The county auditor shall extend the special assessments upon the tax lists of the district for

the current year and the assessments with interest and penalties must be collected as general

taxes are collected and paid over to the district treasurer and shall be placed by the district

treasurer in the respective funds for which they were collected.
N.D. Cent. Code § 61-12-42 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-42
61-12-42. Bonds issued on amortization plan
Status: in_force

61-12-42. Bonds issued on amortization plan

If bonds are issued on the amortization plan, the board of county commissioners shall

provide funds for the payment of each annual amortization maturity, both for the payment of

interest and for the principal portion of said maturity.
N.D. Cent. Code § 61-02-68.16 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.16
61-02-68.16. Reserve fund
Status: in_force

61-02-68.16. Reserve fund

1. The commission shall establish and maintain a reserve fund in which there must be

deposited all moneys appropriated by the legislative assembly for the purpose of the

fund, all proceeds of notes issued or guaranteed by the commission required to be

deposited in the fund by terms of a contract or a resolution of the commission with

respect to the proceeds of notes, any moneys or funds of the commission that it

determines to deposit in the fund, any moneys made available to the commission for

the purposes of the fund from any other source, and any contractual right to the receipt

of moneys by the commission for the purpose of the fund, including a letter of credit or

similar instrument. Moneys in the reserve fund must be held and applied solely to the

payment of the interest on and the principal of notes and sinking fund payments as

they become due and payable and for the retirement of notes, including payment of

any redemption premium required to be paid when any notes are redeemed or retired

before maturity, and for the payment of principal and interest on evidences of

indebtedness or obligations guaranteed by the commission. Moneys in the reserve

fund may not be withdrawn if the withdrawal would reduce the amount in the reserve

fund to an amount less than the required debt service reserve, except for payment of

the interest due and payable on notes and the principal of notes maturing and payable

and sinking fund payments and for the retirement of notes in accordance with the

terms of a contract between the commission and its noteholders, for the payment of

principal and interest on evidences of indebtedness or obligations of an owner of water

projects for which a guarantee has been issued by the commission, and for payment

of interest or principal or sinking fund payments or retirement of notes or draws upon a

guarantee, for which other moneys of the commission are not then available in

accordance with the terms of the contract. The reserve fund may not be used for the

payment of a guarantee by the commission unless the commission has determined

that notes of the commission cannot be issued under acceptable terms for the

payment of the guarantee or that the payment of the guarantee will not reduce the

reserve fund to an amount less than the required debt service reserve. The required

debt service reserve must be an aggregate amount equal to at least the largest

amount of money required by the terms of all contracts between the commission and

its noteholders to be raised in the current or any succeeding calendar year for the

payment of interest on and maturing principal of outstanding notes and the payment

required by the terms of any contract to a sinking fund established for the payment or

redemption of the notes.

2. If the establishment of the reserve fund for an issue or the maintenance of an existing

reserve fund at a required level under this section would necessitate the investment of

all or any portion of a new reserve fund or all or any portion of an existing reserve fund

at a restricted yield, because to not restrict the yield may cause the notes to be taxable

under the Internal Revenue Code, then at the discretion of the commission a reserve

fund does not need be established before the issuance of notes or the reserve fund

need not be funded to the levels required by other subsections of this section or an

existing reserve fund may be reduced.

3. Notes may not be issued by the commission unless there is in the reserve fund the

required debt service reserve for all notes then issued and outstanding and the notes

to be issued. This chapter does not prevent or preclude the commission from satisfying

this requirement by depositing so much of the proceeds of the notes to be issued,

upon their issuance, as is needed to achieve the required debt service reserve. The

commission may issue its notes for the purpose of providing an amount necessary to

increase the amount in the reserve fund to the required debt service reserve, or to

meet any higher or additional reserve as may be fixed by the commission with respect

to the fund.

4. In order to assure the maintenance of the required debt service reserve, there must be

appropriated by the legislative assembly and paid to the commission for deposit in the

reserve fund any sum certified by the commission as necessary to restore the reserve

fund to an amount equal to the required debt service reserve or to maintain a reserve

fund established by the commission under this chapter and required according to the

terms of a guarantee issued by the commission. The commission may approve a

resolution for the issuance of notes, as provided by this chapter, which states in

substance that this subsection is not applicable to the required debt service reserve for

notes issued under that resolution.

5. If the maturity of a series of notes of the commission is not more than three years from

the date of issuance of the notes, the commission may determine that no reserve fund

need be established for that respective series of notes or that the reserve fund may be

in an amount less than the required debt service reserve. If the determination is made,

holders of that respective series of notes do not have an interest in or claim on existing

reserve funds established for the security of the holders of previously issued

commission notes, and do not have an interest in or claim on reserve funds

established for the holders of subsequent issues of notes of the commission.
N.D. Cent. Code § 61-24.5-03 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-03
61-24.5-03. Southwest water authority created
Status: in_force

61-24.5-03. Southwest water authority created

The southwest water authority shall consist of that part of the state which is included within

the boundaries of Dunn, Stark, Golden Valley, Billings, Slope, Bowman, Adams, Grant,

Hettinger, Morton, and Mercer Counties.

Such authority is a governmental agency, body politic and corporate with the authority to

exercise the powers specified in this chapter, or which may be reasonably implied.

Any county adjoining the authority as herein created, or as hereafter composed, may join

such authority upon application of its board of county commissioners and the approval of such

application by the board of directors of the authority. The board of directors, as a condition of

approval of such application, may require payments as may be equitable to equalize the burden

of such county with the obligations paid or assumed by the other counties in the authority.
N.D. Cent. Code § 61-05-18 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-18
61-05-18. Election governing organization of district - Filing record of election - Certificates of election to directors
Status: in_force

61-05-18. Election governing organization of district - Filing record of election -

Certificates of election to directors.

After the canvass of votes has been verified by the department of water resources, if a

majority of all votes cast are in favor of the organization of an irrigation district, the department,

by an order, shall declare the territory duly organized as an irrigation district under the name and

style designated and shall declare the persons receiving the highest number of votes duly

elected as directors. The department shall cause a certified copy of the order to be filed

immediately for record in the office of the recorder of each county in which any portion of the

irrigation district is situated and also shall file a copy of the order with the county auditor of each

county in which any portion of the district is situated. The organization of the district is complete

upon the filings required in this section. The department of water resources immediately shall

make out and mail, by registered or certified mail, to each person elected to the office of director

a certificate of election signed by the director of the department, and the directors shall take

office upon receipt of the certification.
N.D. Cent. Code § 61-08-20 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-20
61-08-20. Interest on warrants - Signatures - Contents
Status: repealed

61-08-20. Interest on warrants - Signatures - Contents

Repealed by S.L. 1997, ch. 518, § 24.
N.D. Cent. Code § 61-35-38 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-38
61-35-38. Covenants that may be inserted in resolution authorizing bonds
Status: in_force

61-35-38. Covenants that may be inserted in resolution authorizing bonds

Any resolution authorizing the issuance of bonds under this chapter to completely or

partially finance or refinance the acquisition, construction, reconstruction, improvement,

betterment, or extension of a project may contain covenants that limit the exercise of powers

conferred by this chapter as to:

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

commodities of the project.

2. The use and disposition of the revenues of the project.

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

funds.

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

and disposition of the proceeds.

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

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

any suit or action on said bonds.

6. The payment by the district to the account of the project of a fair and reasonable

amount for the services, facilities, or commodities furnished the district or any of its

departments by the project.

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

charge against the revenue of the project.

8. The insurance to be carried upon the project and the use and disposition of insurance

moneys.

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

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

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

and its consequences may be waived.

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

covenants, conditions, or obligations.

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

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

of liabilities thereof.

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

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

imposed under this chapter.

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

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

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

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

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

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

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

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

subordinated are issued and delivered.

Nothing in this section authorizes any district to do anything in any manner or for any purpose

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

instrument which would constitute a debt or indebtedness within the meaning of any provision,

limitation, or restriction of the Constitution of North Dakota relating to the creation or incurring of

a debt or indebtedness or the issuance of an instrument constituting a debt or indebtedness.
N.D. Cent. Code § 61-24.8-31 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-31
61-24.8-31. District treasurer to insert amount of improvements in county real estate book or other forms - Regulations governing
Status: in_force

61-24.8-31. District treasurer to insert amount of improvements in county real estate

book or other forms - Regulations governing.

The district treasurer shall notify the county auditor not later than August twentieth in each

year of any special assessments that were made in the improvement district in addition to those

reported in the previous year. The county auditor shall make and deliver to the district treasurer

on or before September twentieth each year a copy of the real estate assessment book or other

forms for the current year covering all additions in which any special assessments have existed

and where any will appear for the current year as advised by the district treasurer. The district

treasurer shall insert in the proper columns under the appropriate headings the amount of each

of the installments of the assessments on the lots or subdivisions of lots or tracts of land which

are to be extended upon the tax lists of the improvement district for the current year. The district

treasurer shall show the total amount of special assessments certified to the county auditor for

the current year. If a division of property has been made since the original assessment, the

district treasurer shall make or cause to be made the proper division of the special assessments

on the lots or tracts of land in the same manner as general taxes are divided and assessed as

furnished by the county auditor. The district treasurer shall certify the special assessments to

the county auditor by November first of each year.
N.D. Cent. Code § 61-32-08 — ND Code / Title 61 / Chapter 61-32 / Section 61-32-08
61-32-08. Appeal of board decisions - Department of water resources review - Closing of noncomplying drains
Status: in_force

61-32-08. Appeal of board decisions - Department of water resources review - Closing

of noncomplying drains.

1. The board shall make the decision required by section 61-32-07 within a reasonable

time, but not to exceed one hundred twenty days, after receiving the complaint. The

board shall notify all parties of its decision by certified mail. Any aggrieved party may

appeal the board's decision to the department of water resources. The appeal to the

department must be made within thirty days from the date notice of the board's

decision has been received. The appeal must be made by submitting a written notice

to the department, and the notice must specify the reason why the board's decision is

erroneous. The appealing party also shall submit copies of the written appeal notice to

the board and to all nonappealing parties. Upon receipt of this notice the board, if it

has ordered closure of a drain, lateral drain, or ditch, is relieved of its obligation to

procure the closing or filling of the drain, lateral drain, or ditch. The department shall

handle the appeal by conducting an independent investigation and making an

independent determination of the matter. The department may enter property affected

by the complaint to investigate the complaint.

2. If the board fails to investigate and make a determination concerning the complaint

within a reasonable time, but not to exceed one hundred twenty days, the person filing

the complaint may file the complaint with the department of water resources within one

hundred fifty days of the submittal date of the original complaint. The department,

without reference to chapter 28-32, shall cause the investigation and determination to

be made, either by action against the board or by conducting the investigation and

making the determination.

3. If the department of water resources determines a drain, lateral drain, or ditch has

been opened or established by a landowner or tenant contrary to title 61 or any rules

adopted by the board, the department shall take one of three actions:

a. Notify the landowner by certified mail at the landowner's post-office address of

record;

b. Return the matter to the jurisdiction of the board along with the investigation

report; or

c. Forward the drainage complaint and investigation report to the state's attorney.

4. If the department of water resources decides to notify the landowner, the notice must

specify the nature and extent of the noncompliance and state if the drain, lateral drain,

or ditch is not closed or filled within a reasonable time as determined by the

department, but not less than thirty days, the department shall procure the closing or

filling of the drain, lateral drain, or ditch and assess the cost, against the responsible

landowner's property. If, in the opinion of the department, more than one landowner or

tenant has been responsible, the costs may be assessed on a pro rata basis in

proportion to the responsibility of the landowners. Upon assessment of costs, the

department shall certify the assessment to the county auditor of the county where the

noncomplying drain, lateral drain, or ditch is located. The county auditor shall extend

the assessment against the property assessed. Each assessment must be collected

and paid as other property taxes are collected and paid. Assessments collected must

be deposited with the state treasurer and credited to the contract fund established by

section 61-02-64.1.

5. If the department of water resources, after completing the investigation required under

this section, decides to return the matter to the board, a complete copy of the

investigation report must be forwarded to the board and it must include the nature and

extent of the noncompliance. Upon having the matter returned to its jurisdiction, the

board shall carry out the department's decision under this section.

6. If the department of water resources, after completing the investigation required under

this section, decides to forward the drainage complaint to the state's attorney, a

complete copy of the investigation report must be forwarded and must include the

nature and extent of the noncompliance. The state's attorney shall prosecute the

complaint under the statutory responsibilities prescribed in chapter 11-16.

7. If the department of water resources dismisses the drainage complaint, the

department of water resources shall notify all parties of record to the appeal and

include in its notification the department of water resource's investigation report, if

applicable.

8. In addition to the penalty imposed by the court on conviction under this statute, the

court shall order the drain, lateral drain, or ditch closed or filled within a reasonable

time period as the court determines, but not less than thirty days. If the drain, lateral

drain, or ditch is not closed or filled within the time prescribed by the court, the court

shall procure the closing or filling of the drain, lateral drain, or ditch, and assess the

cost against the property of the landowner responsible, in the same manner as other

assessments under chapter 61-16.1 are levied. If, in the opinion of the court, more

than one landowner or tenant has been responsible, the costs may be assessed on a

pro rata basis in proportion to the responsibility of the landowners.

9. Any party aggrieved by a decision of the department of water resources under this

section may request a hearing under section 61-03-22 and appeal the decision to

district court under chapter 28-32. A hearing by the department of water resources

under this section is a prerequisite to an appeal.