N.D. Cent. Code § 61-07-03 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-03
61-07-03. Powers and duties of board of directors
Status: in_force

61-07-03. Powers and duties of board of directors

The board of directors of an irrigation district shall:

1. Manage and conduct the business affairs of the district.

2. Make and execute all necessary contracts.

3. Employ such officers, agents, and employees as may be necessary to conduct

efficiently the business of the district and to fix their compensation.

4. Adopt a seal for the district. The seal shall be kept in the custody of the secretary.

5. Establish bylaws and rules for distribution to and for the information of electors of the

district and water users, and fix charges or rentals to be paid by water users. The

bylaws and rules shall be printed in convenient form.

6. Enter upon any land within the district to make surveys and to locate the main lines

and the necessary branches for any canals, pipelines, or other conveyance systems,

and maintain and keep in good repair the irrigation works within the district. Its agents

and employees shall have the same right.

7. Acquire by purchase, condemnation in accordance with chapter 32-15, or otherwise:

a. Rights of way for ditches, canals, pipelines, and other conveyance systems and

sites for dams and reservoirs, wells and well fields, and other works for the

appropriation of ground and surface water, and for pumping plants.

b. All lands, easements, and any and all property necessary for the construction,

use, maintenance, repair, and improvement of dams, reservoirs, wells and well

fields, and other works for the appropriation of ground and surface water, and

canals, pipelines, and other conveyance systems.

c. Electric powerlines for the conveyance of electric power to operate pumping

plants and all necessary appurtenances thereto.

d. Water rights, but the board shall be required to offer an alternative water supply of

equal quantity and comparable quality, either through the district works or

otherwise, to the holder of any water rights which have been condemned.

8. Subject to the limitations contained in this chapter and chapter 32-15, acquire by

purchase, condemnation, or otherwise, any existing irrigation works for the use of the

district.

9. Submit, whenever the board shall deem it advisable, to the electors of the district, at

any regular or special election, any question, proposition, or proposal relative to the

affairs of the district.

10. Accept, on behalf of the district, appointment of the district as fiscal agent of the United

States, or of any department or agency thereof, or authorization by the United States,

or of any department or agency thereof, to make collections of money for and on

behalf of the United States in connection with any federal reclamation or irrigation

project. The board shall have full power to do any and all things required by the rules

established by any such department or agency of the federal government relative to

such project.

11. Subject to the limitations provided in this title, determine a plan or method for raising

funds to finance the cost of constructing irrigation works within the district or to provide

funds for the purchase of such irrigation works. The plan may provide for the issuance

of bonds, or the issuance of district improvement warrants, or the payment of such

construction costs, or purchase price, by creating a fund obtained from water rentals or

charges to water users, or for a combination of such methods for raising funds.

12. Exercise all rights, powers, and authority, express or implied, that may be necessary to

do and perform and carry out all of the express purposes of this chapter and of all

purposes reasonably implied as incidental thereto.

13. Enter into contracts and leases as the board determines appropriate with the Garrison

Diversion Conservancy District; the water commission of North Dakota; or with the

United States of America, its instrumentalities, departments, or agencies, for the

purpose of financing the construction of any irrigation works authorized by law, and in

such contracts and leases may authorize the Garrison Diversion Conservancy District;

the commission; or the United States, its instrumentalities, departments, or agencies,

as the case may be, to supervise and approve the construction, maintenance, and

operation of such irrigation works, or any part or portion thereof, until such times as

any money expended, advanced, or loaned by the commission or by the United

States, its instrumentalities, departments, or agencies, and agreed to be repaid thereto

by said board, shall have been repaid fully. The board may accept cooperation from

the Garrison Diversion Conservancy District; the commission; or from the United

States, its instrumentalities, departments, and agencies, in the construction,

maintenance, and operation, and in financing the construction of any work authorized

by the board. The board shall have full power to do any and all things necessary to

avail itself of such aid, assistance, and cooperation under existing or future state laws

or federal legislation enacted by the Congress of the United States.

14. Acquire real property, buildings, improvements, and equipment used or useful in

connection with storing, warehousing, distributing, or selling agricultural products,

which may be located within or outside the district.
N.D. Cent. Code § 61-16-30 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-30
61-16-30. Lien of special assessment
Status: repealed

61-16-30. Lien of special assessment

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-28.1-09 — ND Code / Title 61 / Chapter 61-28.1 / Section 61-28.1-09
61-28.1-09. Injunction proceedings
Status: in_force

61-28.1-09. Injunction proceedings

The violation of any provision of this chapter, or any rule, regulation, or order issued

thereunder, is declared a nuisance inimical to the public health, welfare, and safety. Whenever

in the judgment of the department any person has engaged in or is about to engage in any acts

or practices which constitute a violation of this chapter, or any rule, regulation, or order issued

hereunder, the department may maintain an action in the name of the state enjoining such

action or practices or for an order directing compliance and, upon a showing by the department

that such person has engaged or is about to engage in any such acts or practices, a permanent

or temporary injunction, restraining order, or other order may be granted.
N.D. Cent. Code § 61-08-17 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-17
61-08-17. When issuance of district improvement warrants permissible
Status: repealed

61-08-17. When issuance of district improvement warrants permissible

Repealed by S.L. 1997, ch. 518, § 24.
N.D. Cent. Code § 61-16-06 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-06
61-16-06. Order creating water resource district
Status: in_force

61-16-06. Order creating water resource district

A certified copy of the order creating a water resource district shall be filed with the county

auditor of each county within the district. A like copy of the order shall be filed with the secretary

of state. The secretary of state shall issue to the state water commission a certificate, bearing

the seal of the state, of the due organization of the district, and shall file a copy of the certificate

and the commission's order creating the district. The secretary of state's certificate, or a copy

authenticated by the secretary of state, shall be prima facie evidence of the organization of the

district. This new district shall be, and is hereby declared to be, a governmental agency, and a

body politic and corporate with the authority to exercise the powers specified in this chapter, or

which may be reasonably implied to exercise such powers. The commission's order shall

specify the name or number by which a district shall be known.
N.D. Cent. Code § 61-24.8-24 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-24
61-24.8-24. Record of improvements - Record as evidence
Status: in_force

61-24.8-24. Record of improvements - Record as evidence

The district office shall keep a complete record of all the proceedings taken in the matter of

making any improvements under this chapter. The record must include all reports and

confirmations, all petitions, orders, notices and proofs of publication, and resolutions of the

board. The record, a certified transcript of the record, or the original papers, proofs of

publications, orders, or resolutions on file in the office must be admitted in evidence in any court

or place in this state without further proof as evidence of the facts in those documents.
N.D. Cent. Code § 61-24.3-17 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-17
61-24.3-17. Revenues for replacement - Deposit - Use
Status: in_force

61-24.3-17. Revenues for replacement - Deposit - Use

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

and extraordinary maintenance of the southwest pipeline project shall be deposited by the

commission in the reserve fund for replacement, and shall be used for no purposes other than

to pay for replacement or extraordinary maintenance of works which are part of or associated

with the southwest pipeline project.
N.D. Cent. Code § 61-01-26.1 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-26.1
61-01-26.1. Findings and declaration of policy - Water to eastern North Dakota a critical priority - Water supplementation study - Employment of staff
Status: in_force

61-01-26.1. Findings and declaration of policy - Water to eastern North Dakota a

critical priority - Water supplementation study - Employment of staff.

The legislative assembly finds that many areas and localities in eastern North Dakota do not

enjoy safe drinking water. It is also found that other areas and localities in eastern North Dakota

do not have sufficient quantities of water to ensure a dependable, long-term water supply. The

legislative assembly further finds that supplementation of the water resources of eastern North

Dakota from other available sources, including the Missouri River, may be the only alternative to

provide eastern North Dakota with a dependable source of safe, good quality water and an

adequate quantity of water.

It is further declared that effective development and utilization of the land and water

resources of this state; the opportunity for greater economic security; the protection of health,

property, enterprise, and the preservation of the benefits from the land and water resources of

this state; and the promotion of the prosperity and general welfare of all of the people of North

Dakota involve, necessitate, and require the exercise of the sovereign powers of the state and

concern a public purpose. Therefore, in order to accomplish this public purpose, it is declared

necessary that a means to supply and distribute water to the people of eastern North Dakota for

all beneficial purposes must be developed. In furtherance of this public purpose, the supply and

delivery of water to eastern North Dakota is established as a critical priority and the state water

commission shall, in cooperation with the Garrison Diversion Conservancy District and the

communities and rural water systems in eastern North Dakota, address this critical priority by

developing a plan and estimate of the costs for supplementing the water resources of eastern

North Dakota with water supplies from other available resources, including the Missouri River.

The state water commission may employ full-time personnel and may employ such other

personnel as are necessary for the administration of this section as appropriated funds permit.

Notwithstanding section 61-02-64.1, funds disbursed from the contract fund or appropriated for

purposes of administering this section may be used for salaries and expenses of persons

employed pursuant to this section.
N.D. Cent. Code § 61-08-24 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-24
61-08-24. Board may appoint fiscal agent - Who may be
Status: in_force

61-08-24. Board may appoint fiscal agent - Who may be

The board, in its discretion, may appoint a fiscal agent located in some city within or without

this state. Every such fiscal agent shall be an incorporated bank or trust company authorized by

the laws of the United States or of the state in which it is located to do a banking or trust

company business.
N.D. Cent. Code § 61-16.1-34.2 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-34.2
61-16.1-34.2. Settlement of unpaid warrants
Status: in_force

61-16.1-34.2. Settlement of unpaid warrants

A board of county commissioners may negotiate and execute a settlement with the owners

of drain warrants and pay the amount of the settlement from the general fund of the county if:

1. Drain warrants issued pursuant to the establishment of a drain in two or more counties

remain unpaid;

2. The amounts realized from the original assessments are not sufficient to pay the

warrants;

3. An additional assessment would be necessary to meet the deficit; and

4. The board finds the county has received benefits from the drain by reasons of public

health, convenience, or welfare and, as a result, may be liable for assessment or

reassessment and the credit of the county is or may be affected by the existence of

the outstanding and unpaid warrants.
N.D. Cent. Code § 61-04-01.1 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-01.1
61-04-01.1. Definitions
Status: in_force

61-04-01.1. Definitions

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

1. "Adjudicative proceeding" means an appeal under chapter 28-32 of a recommended

decision prepared by the director of the department of water resources for a water

permit application.

2. "Assignment" means the change of a water permit from one permitholder to another

permitholder.

3. "Beneficial use" means a use of water for a purpose consistent with the best interests

of the people of the state.

4. "Commission" means the state water commission.

5. "Conditional water permit" means a water permit that has not been perfected.

6. "Domestic use" means the use of water by at least one family unit or household

obtaining water from the same system for personal needs and for household

purposes, including heating, drinking, washing, sanitary, and culinary uses; irrigation of

land not exceeding five acres [2.0 hectares] in area for each family unit or household

for noncommercial gardens, orchards, lawns, trees, or shrubbery; and for household

pets and domestic animals kept for household sustenance and not for sale or

commercial use.

7. "Fish, wildlife, and other recreational uses" means the use of water for the purposes of

propagating and sustaining fish and wildlife resources and for the development and

maintenance of water areas necessary for outdoor recreation activities.

8. "Fossil byproduct water" means water obtained as a byproduct of extraction and

separation from oil, gas, and other hydrocarbons, from a formation that is both not a

potable aquifer at the extraction location and is situated below the deepest potable

aquifer by the practically impermeable layer.

9. "Industrial use" means the use of water for the furtherance of a commercial enterprise

wherever located, including manufacturing, mining, or processing.

10. "Irrigation use" means the use of water for application to more than five acres

[2.0 hectares] of land to stimulate the growth of agricultural crops, including gardens,

orchards, lawns, trees, or shrubbery, or the maintenance of recreation areas such as

athletic fields, golf courses, parks, and similar types of areas, except when the water

for the facility is provided by a municipal water system.

11. "Livestock use" means the use of water for drinking purposes by herds, flocks, or

bands of animals kept for commercial purposes.

12. "Municipal or public use" means the use of water by the state through its political

subdivisions, institutions, facilities, and properties, and the inhabitants thereof, or by

unincorporated communities, subdivision developments, rural water systems, and

other entities, whether supplied by the government or by a privately owned public

utility or other agency or entity, for primarily domestic purposes, as defined herein.

13. "Party of record" means a person who filed written comments by the date specified

under subsection 5 of section 61-04-05.

14. "Perfected water permit" means a water permit where the water appropriated under a

conditional water permit has been applied to a beneficial use and the department of

water resources has inspected the works to verify all conditions have been met.

15. "Permitholder" means the name of the entity holding a water permit.

16. "Point of diversion" means the tract of land where the waters of the state are

withdrawn or diverted.

17. "Priority date" means the date assigned to an application or water right.

18. "Public hearing" means an administrative proceeding, not an adjudicative proceeding,

which provides all interested persons an opportunity to present oral or written

comments on a water permit application.

19. "Rural water system" means a water supply system designed to serve regional needs.

20. "Water of the state" or "waters of the state" means those waters identified in section

61-01-01.

21. "Water right" means the right established under this title to appropriate or store waters

of the state.
N.D. Cent. Code § 61-04.1-06 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-06
61-04.1-06. Direction and supervision by department of water resources - Independent functions retained by board
Status: repealed

61-04.1-06. Direction and supervision by department of water resources -

Independent functions retained by board.

Repealed by S.L. 2025, ch. 479, § 39.
N.D. Cent. Code § 61-03-22 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-22
61-03-22. Hearing - Appeals from decision of department
Status: in_force

61-03-22. Hearing - Appeals from decision of department

Any person aggrieved by an action or decision of the department under this title has the

right to a hearing. The department must receive a request for a hearing within thirty days after

the aggrieved person knew or reasonably should have known of the action or decision. Once a

hearing has been held or if the hearing request is denied, the person aggrieved has the right to

petition for reconsideration or appeal under chapter 28-32.
N.D. Cent. Code § 61-01-01.1 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-01.1
61-01-01.1. Reciprocal rights of riparian owners
Status: repealed

61-01-01.1. Reciprocal rights of riparian owners

Repealed by S.L. 1977, ch. 569, § 27.
N.D. Cent. Code § 61-16.1-17 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-17
61-16.1-17. Assessment projects - Procedure - Engineer report
Status: in_force

61-16.1-17. Assessment projects - Procedure - Engineer report

When a water resource board receives a petition or approves a motion to construct a

project with funds raised through the collection of special assessments, the water resource

board shall examine the proposed project. If the water resource board decides further

proceedings are warranted, the board shall adopt a resolution declaring constructing and

maintaining the proposed project is necessary, identifying the nature and purpose of the

proposed project, and designating a registered engineer to assist the board. As soon as

practicable, the board shall publish the resolution in the newspaper of general circulation in

each area in which lands that reasonably may be condemned or subject to assessment for the

project are located. For the purpose of making examinations or surveys, the board or the

board's agents, after written notice to each landowner at the landowner's address as shown by

the tax rolls of the county in which the affected property is located, may enter upon any land on

which the proposed project is located or any other lands necessary to gain access. The

engineer shall prepare profiles, plans, specifications, and total estimated costs of the proposed

project. The estimate of costs prepared by the engineer must include the cost to acquire rights

of way and be sufficiently detailed for the board to determine the probable share of the total

costs to be assessed against each of the affected landowners in the proposed project

assessment district.
N.D. Cent. Code § 61-03-18 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-18
61-03-18. Hydrographic survey fund - Use - Payments
Status: in_force

61-03-18. Hydrographic survey fund - Use - Payments

The hydrographic survey fund, a permanent fund, may be used only for the payment of the

expenses of the surveys required under section 61-03-17. All claims for services rendered,

expenses incurred, or materials or supplies furnished under the direction of the department for

the surveys must be approved by the department. The amounts paid by private parties under

section 61-03-17 for the surveys must be paid to the state treasurer, who shall credit the

payments to the hydrographic survey fund.
N.D. Cent. Code § 61-05-11 — ND Code / Title 61 / Chapter 61-05 / Section 61-05-11
61-05-11. Amendment of plan of irrigation - Adjournment of hearing by department of water resources
Status: in_force

61-05-11. Amendment of plan of irrigation - Adjournment of hearing by department of

water resources.

At the hearing provided in section 61-05-10, the department of water resources may amend

the plan of irrigation proposed in the petition provided in section 61-05-07. The department may

adjourn the hearing from time to time and may make changes in the proposed boundaries of the

district as the department deems advantageous and advisable, but the boundaries of the district

proposed in the petition for its organization may not be enlarged or extended until the electors

who own a majority of the acres [hectares] of land subject to assessments for construction or

other costs to be included in the extension consented to the enlargement or extension in writing.
N.D. Cent. Code § 61-02-28 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-28
61-02-28. Plans, investigations, and surveys concerning use of waters - Special powers of commission
Status: in_force

61-02-28. Plans, investigations, and surveys concerning use of waters - Special

powers of commission.

The commission may make plans, investigations, and surveys concerning the use of any

and all waters, either within or without this state, for purposes of establishing, maintaining,

operating, controlling, and regulating systems of irrigation, municipal, domestic, industrial,

recreational, and fish and wildlife works and projects in connection therewith within the state.

The commission shall have all necessary powers of purchasing, selling, leasing, and assigning

in accordance with chapter 61-04, rights and interests in the use or in the appropriation of

waters for which it has filed a declaration of intent pursuant to section 61-02-30, or obtained a

conditional water permit for projects or works and shall possess full authority and jurisdiction to

exercise and assert actual control over the corpus of all of such waters, and to regulate the

diversion thereof subject to rules and methods prescribed by the commission. This power and

authority shall include full right to contract and agree with any person, association, agency, or

entity concerning water rights held by such person, association, agency, or entity through which

the commission may be given full authority and jurisdiction over such water and water rights. In

connection therewith the commission may coordinate, subordinate, supplement, and act jointly

or subordinately with the United States, and any agency or department thereof, covering or

concerning any federal project affecting water use, works, or projects in connection therewith.
N.D. Cent. Code § 61-31-08 — ND Code / Title 61 / Chapter 61-31 / Section 61-31-08
61-31-08. Conservation and development practices
Status: in_force

61-31-08. Conservation and development practices

For the purpose and implementation of wetland conservation and development plans as

provided in sections 61-31-04 and 61-31-05, the commissioner has authority to enter into

agreements with the director of the game and fish department for any assistance which may be

appropriate and which will further the objectives of this chapter.
N.D. Cent. Code § 61-35-03 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-03
61-35-03. Petition contents
Status: in_force

61-35-03. Petition contents

The petition must be signed by the owners of at least fifty percent of all real property lying

within the outside perimeter of the area designated for inclusion in the proposed district and

must state:

1. The location of the area, describing the area to be served or specifying the area by an

attached map.

2. The reasons a district is needed.
N.D. Cent. Code § 61-37-03 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-03
61-37-03. Participation voluntary - Agreement to participate
Status: in_force

61-37-03. Participation voluntary - Agreement to participate

Participation in the program by an irrigation district is voluntary and no irrigation district may

be required to sell its municipal security issues to the program. Notwithstanding any other law,

an irrigation district that wishes to participate in the program may enter into an agreement with

the program for the purchase by the program of a municipal security issue of the irrigation

district, including the purchase by the program of an issue of refunding municipal securities,

which may be required by agreement with the program to be issued at a rate of interest higher

or lower than that of the municipal security issue to be refunded.
N.D. Cent. Code § 61-32-03.3 — ND Code / Title 61 / Chapter 61-32 / Section 61-32-03.3
61-32-03.3. Smaller subsurface water management systems - Notification and conditions - Penalty
Status: in_force

61-32-03.3. Smaller subsurface water management systems - Notification and

conditions - Penalty.

1. A person may not install a subsurface water management system comprising less than

eighty acres [32.37 hectares] of land area until the person has notified the board of the

water resource district within which is found a majority of the land area of the system

of the following information:

a. The system's total acreage and legal description of the land being drained;

b. The outlet locations and types; and

c. The flow direction from each outlet location.

2. A person required to notify the board under subsection 1 shall install the subsurface

water management system such that:

a. Pump and control structures at pump outlets are installed no closer than

twenty-five feet [7.62 meters] from the top of the back slope of an assessment

drain;

b. Proper erosion controls are installed and maintained at all outlets; and

c. Pumps and control structures at project outlets are closed or turned off during

critical flood periods.

3. If a subsurface water management system for which notification is required under

subsection 1 will discharge into the watershed area of an assessment drain, the water

resource board that receives the notice may require the relevant property to be

included in 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 also may include the property in the

assessment district and determine the benefits and assessment amounts under

chapters 61-21 and 61-16.1, without conducting the reassessment of benefit

proceedings under sections 61-21-44 and 61-16.1-26, provided the property is not

assessed already for the assessment drain.

4. The board of the water resource district within which the subsurface water

management system is located may order the system's owner or operator to bring the

system into compliance with subsection 2 if the board finds the system violates that

subsection.

5. A person that violates this section is guilty of an infraction.

6. 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.

7. This section does not apply to a subsurface water management system that

discharges into a body of water completely encompassed by land owned by the

person that owns the land drained by the system.

8. The information that must be provided to a board of a water resource district under this

section is an exempt record under section 44-04-18.
N.D. Cent. Code § 61-24-30 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-30
61-24-30. Duties of district and officers relative to the issuance of bonds
Status: in_force

61-24-30. Duties of district and officers relative to the issuance of bonds

1. To adequately secure the payment of bonds and interest on the bonds, the district and

its officers, agents, and employees shall:

a. Pay or cause to be paid punctually the principal and interest of every bond on the

dates, at the places, in the manner, and out of the funds provided in the refunding

bond and in accordance with the resolution authorizing its issuance.

b. Make certain any project financed by the district is operated in an efficient and

economical manner, enforce all water purchase and water sales contracts, and

establish, levy, maintain, and collect related necessary or proper fees, tolls,

rentals, rates, and other charges. The fees, tolls, rentals, rates, and other charges

must be sufficient, after making due and reasonable allowances for contingencies

and for a margin of error in the estimates, at least to:

(1) Pay all current expenses of operation and maintenance of any project;

(2) Make all payments required under any water purchase contract the district

may execute;

(3) Pay the interest and principal on the district's notes and bonds as they

become due;

(4) Comply with the terms of the resolution authorizing the issuance of the

bonds or any other contract or agreement with the holders of the funding

bonds; and

(5) Meet any other obligations of the district that are charges, liens, or

encumbrances upon the revenues of the district.

c. Operate, maintain, preserve, and keep every part of any tangible project financed

and owned or operated by the district in good repair, working order, and condition.

d. Enforce the provisions of all water purchase and sale contracts that produce

revenues pledged to payment of bonds.

e. Preserve and protect the security of the bonds and the rights of the bondholders

and warrant and defend such rights against all claims and demands.

f. Pay and discharge all lawful claims for labor, materials, and supplies which, if

unpaid, might become by law a lien or charge upon the revenues, or any part of

the revenues, superior to the lien of the bonds or which might impair the security

of the bonds.

g. Hold in trust the revenues pledged to the payment of the bonds for the benefit of

the holders of the bonds and apply the revenues only as provided by the

resolution authorizing the issuance of the bonds or, if the resolution is modified,

as provided in the modified resolution.

h. Keep proper separate books of record and accounts of the project in which

complete and correct entries must be made of all transactions relating to any part

of the project. All books and papers of the district are subject to inspection by the

holders of ten percent or more of the outstanding bonds or of their

representatives authorized in writing.

2. The duties contained in this section do not require any expenditure by the district of

any funds other than revenue received from a project or water sale contract. The

performance of the duties in this section is of the essence of the contract of the district

with the bondholders.
N.D. Cent. Code § 61-01-27 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-27
61-01-27. Procedure for converting mineral wells to water wells
Status: in_force

61-01-27. Procedure for converting mineral wells to water wells

In order to protect the public's health, safety, and welfare and to protect this state's ground

water supplies, and except for purposes related to chapters 38-08 and 38-08.1, no well that has

been drilled for the purpose of the exploration or production of oil or gas may be converted to a

water well without first obtaining approval from the industrial commission. Any person who

converts an exploration or production well to a water well without first obtaining approval from

the industrial commission is guilty of a class A misdemeanor and shall be required to close the

well in accordance with state standards and bear all costs associated with the closure.
N.D. Cent. Code § 61-08-42 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-42
61-08-42. Payment and security for revenue bonds
Status: in_force

61-08-42. Payment and security for revenue bonds

Revenue bonds issued under this chapter may not be payable from nor charged upon any

funds other than the revenue pledged to the payment of the bonds, nor is the district issuing the

bonds subject to any pecuniary liability on the bonds. A holder of the bonds does not have the

right to compel the levy of special assessments to pay the bonds or the interest, or to enforce

payment of the bonds against any property of the district other than property pledged as security

for the bonds. Each revenue bond issued under this chapter must recite in substance that the

bond, including interest on the bond, is payable solely from the revenue pledged to the payment

of the bond, and that the bond does not constitute a debt of the district within the meaning of

any constitutional or statutory limitation.
N.D. Cent. Code § 61-35-85 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-85
61-35-85. Bonds may be used in making payments on contract - Bonds payable out of fund on which drawn - May be used to pay special assessments
Status: in_force

61-35-85. Bonds may be used in making payments on contract - Bonds payable out of

fund on which drawn - May be used to pay special assessments.

Improvement bonds may be used in making payments on contracts for construction of the

project for which the special assessment fund was created, or may be sold for cash at not less

than ninety-eight percent of par and accrued interest, and the proceeds, less accrued interest,

must be credited to the construction account of the fund and must be used exclusively to pay

those contracts and construction costs. Any balance remaining in any construction account after

completion of any project must be transferred to the sinking fund account of the assessment

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

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

when paid.
N.D. Cent. Code § 61-06-05 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-05
61-06-05. Official bonds of assessor, district treasurer, and other employees - Approval and filing of bonds
Status: in_force

61-06-05. Official bonds of assessor, district treasurer, and other employees -

Approval and filing of bonds.

The assessor must be bonded in the amount of five hundred dollars, and the district

treasurer must be bonded in an amount not less than double the amount of money that may

come into the treasurer's hands, the amount to be determined by the board of directors but not

be less than one thousand dollars. Other employees and appointed officers must be bonded in

amounts prescribed by the board. The official bonds of the assessor, treasurer, and other

officers and employees must be approved by the board and filed in the office of the department

of water resources.
N.D. Cent. Code § 61-12-07 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-07
61-12-07. Examination of damsite by board of flood irrigation - Appointment of engineer
Status: in_force

61-12-07. Examination of damsite by board of flood irrigation - Appointment of

engineer.

Upon the presentation of a petition, as provided for in section 61-12-06 and the filing of the

same, the board of flood irrigation, as soon as practicable, shall proceed to examine the site of

the proposed improvement and the territory or district to be benefited thereby. If, in its opinion, it

is necessary for the public good, it shall adopt a resolution to that effect and a further resolution

designating a competent engineer who shall make all necessary and proper surveys of the

lands that may be benefited or injured by the establishment of such improvement and who shall

prepare all proper and necessary plans and specifications for the improvement required to be

constructed. Upon the completion of such plans and specifications, such engineer shall file the

same with the said board of flood irrigation, together with an estimate of the cost of the

construction of the proposed improvement as well as of the annual maintenance thereof.
N.D. Cent. Code § 61-35-51 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-51
61-35-51. Condemnation of land and rights of way for special improvements - Taking of possession - Trial - Appeal - Vacation of judgment
Status: in_force

61-35-51. 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, storm

water, or sewage, 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 may without further notice

make and enter an order determining the district to be entitled to take immediate possession of

the right of way. 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 a district for sewer 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 61-35-84, 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 § 61-35-44 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-44
61-35-44. Court may direct receiver to surrender possession of project
Status: in_force

61-35-44. Court may direct receiver to surrender possession of project

After payment of all that is due upon the bonds and any other obligations that are a charge,

lien, or encumbrance on the revenues of the project under any of the terms of any covenants or

agreements with bondholders, and after all defaults have been made good, the court, after

notice and hearing as it deems proper, may direct the receiver to surrender the possession of

the project to the district. The holders of the bonds have the same right to secure the

appointment of a receiver upon any subsequent default as is provided in this chapter in the case

of an original default.
N.D. Cent. Code § 61-12-14 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-14
61-12-14. Evidence - Petition to discontinue proceedings
Status: in_force

61-12-14. Evidence - Petition to discontinue proceedings

All persons whose land may be affected by any irrigation project provided for in this chapter

may appear before the board of flood irrigation and fully express their opinion and offer

evidence upon the matters pertaining thereto. Should two-thirds of the landowners whose land

is subject to assessment for the construction of such project and who own at least one-half of

such land petition the board of flood irrigation to have further proceedings discontinued, said

board, by resolution, shall order all further proceedings in connection therewith discontinued.
N.D. Cent. Code § 61-38-08 — ND Code / Title 61 / Chapter 61-38 / Section 61-38-08
61-38-08. Permit application - Notice - Hearing (Contingent effective date - See note)
Status: in_force

61-38-08. Permit application - Notice - Hearing. (Contingent effective date - See note)

Any person desiring to discharge dredged or fill material for which a permit is required shall

file an application with the department of water resources. The application must be on a form

prescribed by the department and must include information required by the department. The

department may issue a permit after notice and opportunity for public hearing. Within fifteen

days of receipt of all the information required to complete an application for a permit, the

department shall publish the notice.
N.D. Cent. Code § 61-06-07 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-07
61-06-07. Form of official bonds provided for in chapter - Obligee in bond
Status: in_force

61-06-07. Form of official bonds provided for in chapter - Obligee in bond

All official bonds provided for in this chapter shall be in the form prescribed by law for official

bonds of county officers except that the obligee named in such bond shall be the irrigation

district.
N.D. Cent. Code § 61-13-01 — ND Code / Title 61 / Chapter 61-13 / Section 61-13-01
61-13-01. Corporations or limited liability companies may be organized for irrigation purposes
Status: in_force

61-13-01. Corporations or limited liability companies may be organized for irrigation

purposes.

A corporation or limited liability company may be formed for the purpose of acquiring water

rights, or for the purpose of establishing, owning, leasing, operating, and maintaining an

irrigation system and selling, distributing, supplying, and delivering water for irrigation purposes,

or for domestic use, to its members or stockholders.
N.D. Cent. Code § 61-02-45 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-45
61-02-45. Commission may divert at any place on stream after impounding or acquiring the right of appropriation
Status: in_force

61-02-45. Commission may divert at any place on stream after impounding or

acquiring the right of appropriation.

On the commission's impounding or acquiring the right of appropriation of the waters of any

stream, it may divert or authorize the diversion at any point on said stream, or any portion

thereof, when the same may be done without injury to any prior appropriator or riparian owner

whose rights shall not have been acquired by the commission as provided in this chapter.
N.D. Cent. Code § 61-16-07 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-07
61-16-07. Water resource board - Appointment and number
Status: in_force

61-16-07. Water resource board - Appointment and number

When a water resource district has been created, and the state water commission has filed

notice with the county auditor of a county where the district or a part thereof is situated, a water

resource board shall be appointed within ninety days, as provided herein. If the district's

boundaries are confined to one county, the board of county commissioners shall appoint a water

resource board consisting of three or five managers. When a district includes two counties, the

water resource board shall consist of five managers, three appointed by the board of county

commissioners of the county having the larger aggregate taxable valuation of property, and two

appointed by the board of county commissioners of the other county. If a district includes three

counties, the water resource board shall consist of five managers, one appointed by the board

of county commissioners having the lowest aggregate taxable valuation of property in the

district, and two appointed by the board of county commissioners of each of the other two

counties. If a district includes four or six counties, the water resource board shall consist of two

members from the county having the largest aggregate taxable valuation of property in the

district, and one manager from each of the other counties. If a district includes five or seven

counties, the water resource board shall consist of one manager from each county.

Appointments to the water resource board shall be made by the boards of county

commissioners of the respective counties.
N.D. Cent. Code § 61-02-75 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-75
61-02-75. Hearing witnesses - Subpoena - Oath - Fees
Status: repealed

61-02-75. Hearing witnesses - Subpoena - Oath - Fees

Repealed by S.L. 1987, ch. 739, § 1.
N.D. Cent. Code § 61-16-48 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-48
61-16-48. Consolidation of water management districts
Status: repealed

61-16-48. Consolidation of water management districts

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-12-21 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-21
61-12-21. Damages - How paid
Status: in_force

61-12-21. Damages - How paid

Upon the assessment by the board or court of the amount of damages to which the

respective owners of land which may be damaged by the construction of a flood irrigation

project may be entitled, and upon the assessment by the board or court of the amount of

damages to which the respective owners of the right of way may be entitled, the board of flood

irrigation shall issue warrants in sums sufficient to pay the damages so assessed, drawn upon

the proper county treasurer and payable out of any funds in the hands of the treasurer for the

construction of such flood irrigation project. Such warrants shall be negotiated at not less than

their par value and the proceeds thereof paid to the owners of the land entitled thereto,

according to such assessments of damages. The surplus, if any, shall be paid to the county

treasurer, who shall place the same to the credit of the proper flood irrigation project fund.
N.D. Cent. Code § 61-02-34 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-34
61-02-34. Declaration of intention to appropriate or release waters or completion of appropriation as evidence
Status: in_force

61-02-34. Declaration of intention to appropriate or release waters or completion of

appropriation as evidence.

A certified copy of the record of the commission's declaration of intention to appropriate

waters, or of the release of all or part of said waters, or of the completion of appropriation, shall

be received as competent evidence in all courts and shall be deemed prima facie proof of all

matters recited therein.
N.D. Cent. Code § 61-08-22 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-22
61-08-22. Bonds may be secured by trust indenture - Powers vested in trustee
Status: in_force

61-08-22. Bonds may be secured by trust indenture - Powers vested in trustee

In the discretion of the board, bonds may be secured by a trust indenture by and between

the district and a corporate trustee, which may be any trust company or bank having the powers

of a trust company within or outside this state. The board may vest in the trustee the right to

enforce any covenant made to secure or to pay the bonds.
N.D. Cent. Code § 61-02-40 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-40
61-02-40. Authority of commission to extend and be applied to natural waters of state
Status: in_force

61-02-40. Authority of commission to extend and be applied to natural waters of state

The authority of the commission conferred by the provisions of this chapter shall extend and

be applied to any right to the natural flow of the waters of this state which it may acquire by

condemnation, purchase, exchange, appropriation, or agreement.
N.D. Cent. Code § 61-24.6-04 — ND Code / Title 61 / Chapter 61-24.6 / Section 61-24.6-04
61-24.6-04. Powers of the state water commission in consultation with the northwest area water supply authority
Status: in_force

61-24.6-04. Powers of the state water commission in consultation with the northwest

area water supply authority.

The state water commission shall consult with the northwest area water supply authority

regarding the following duties of the commission:

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

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

promoting the development of a project to deliver water to northwestern North Dakota.

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

Three Affiliated Tribes, or any agency of the United States, in research and

investigation or other activities promoting the development of a project to deliver water

to northwestern North Dakota.

3. Appoint and procure the services of engineers, attorneys, and others to assist in

developing a project to deliver water to northwestern North Dakota.

4. Exercise such other powers as may be necessary for, or incidental to, the achievement

of the purposes of this chapter.

5. Construct, operate, and manage a project to deliver water throughout the project area.
N.D. Cent. Code § 61-07-32 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-32
61-07-32. Liability for failure to deliver water
Status: in_force

61-07-32. Liability for failure to deliver water

Any irrigation district within this state shall be liable in damages for negligence in delivering

or failing to deliver water to the users from its canal, but such liability cannot be enforced unless

the party suffering such damage, within thirty days after such district shall fail to deliver water,

shall serve a notice in writing on the chairman of the board of such district, setting forth

particularly the acts committed or the omission of duties to be performed on the part of the

district which are claimed to constitute such negligence or omission, and stating that the party

expects to hold such district liable for whatever damages may result. Such action shall be

brought within one year from the time the cause has accrued.
N.D. Cent. Code § 61-16.1-04 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-04
61-16.1-04. Minutes, books, and records
Status: in_force

61-16.1-04. Minutes, books, and records

The water resource board shall keep accurate minutes of its meetings and accurate records

and books of account, clearly setting out and reflecting the entire operation, management, and

business of the district. The unofficial minutes of the meeting must be provided to the official

newspaper of the county for publication or, if applicable, posted to the water resource board's

website or the official county website within ten days. These books and records shall be kept at

the principal office of the district or at such other regularly maintained office or offices of the

district as shall be designated by the board, with due regard to the convenience of the district,

its customers, and residents. The books and records shall be open to public inspection during

reasonable business hours.
N.D. Cent. Code § 61-28.2-01 — ND Code / Title 61 / Chapter 61-28.2 / Section 61-28.2-01
61-28.2-01. Water pollution control revolving loan fund program - Purposes - Establishment - Capitalization of fund - Disposition of moneys - Administration
Status: in_force

61-28.2-01. Water pollution control revolving loan fund program - Purposes -

Establishment - Capitalization of fund - Disposition of moneys - Administration.

1. It is the determination of the legislative assembly that the federal funds for the

administration and implementation of the federal wastewater construction grants

program will decline within the years to come, thereby decreasing the amount of funds

that the state will have to operate and carry out the functions that it has been assigned

to accomplish. In order to continue to provide funds to political subdivisions for the

planning, design, construction, and rehabilitation of wastewater treatment facilities,

public water supply systems, and other lawful activities connected with this program, it

is the purpose of this section to provide for the establishment of a revolving loan fund

to be capitalized by federal grants, matching state funds when required, and by any

other funds generated by the operation of the revolving loan fund.

2. There is established the water pollution control revolving loan fund, which must be

maintained and operated by the department of environmental quality. Grants from the

federal government or its agencies allotted to the state for the capitalization of the

revolving loan fund, and state matching funds when required, must be deposited

directly in the revolving loan fund in compliance with the terms of the federal grant.

Money in the revolving loan fund must be expended in a manner consistent with terms

and conditions of the grants received by the state and may be used to offer loan

guarantees; to provide payments to reduce interest on loans and loan guarantees; to

make bond interest subsidies; to provide bond guarantees on behalf of municipalities,

other local political subdivisions, and intermunicipal or interstate agencies; to provide

assistance to a municipality, other local political subdivisions, or intermunicipal or

interstate agencies with respect to the nonfederal share of the costs of a project; to

finance the cost of facility planning and the preparation of plans, specifications, and

estimates for construction of publicly owned treatment works or public water supply

systems; to provide financial assistance for the construction and rehabilitation of a

project on the state priority list; to secure principal and interest on bonds issued by a

public trust having the state of North Dakota as its beneficiary, or the public finance

authority if the proceeds of such bonds are deposited in the revolving loan fund and to

the extent provided in the terms of the federal grant; to provide for loan guarantees for

similar revolving funds established by municipalities, other local political subdivisions,

or intermunicipal agencies; to purchase debt incurred by municipalities or other local

political subdivisions for wastewater treatment projects or public water supply systems;

to improve credit market access by guaranteeing or purchasing insurance or other

credit enhancement devices for local obligations or obligations of a public trust having

the state of North Dakota as its beneficiary or the public finance authority; to fund other

programs which the federal government authorizes by the terms of its grants; to fund

the administrative expenses of the department associated with the revolving loan fund;

and to provide for any other expenditure consistent with the federal grant program and

state law. Money not currently needed for the operation of the revolving loan fund or

otherwise dedicated may be invested. All interest earned on investments must be

credited to the revolving loan fund.

3. The department shall administer the revolving loan fund. The department may enter

into contracts and other agreements in connection with the operation of the revolving

loan fund, including contracts and agreements with federal agencies, political

subdivisions, public trusts having the state of North Dakota as beneficiary or the public

finance authority, and other parties to the extent necessary or convenient for the

implementation of the revolving loan fund program. The department shall maintain full

authority for the operation of the revolving loan fund in accordance with applicable

federal and state law.

4. The department has the following powers and duties in regard to the revolving loan

fund:

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

protection agency or other federal agencies for the purpose of making funds

available to political subdivisions for the planning, design, construction, and

rehabilitation of wastewater treatment facilities, public water supply systems, and

other related activities. The department may contract to receive such grants,

agree to match the grant in whole or in part when required, and to comply with

applicable federal laws and regulations in order to secure the grants. Money

received through these grants and state matching funds must be deposited into

the water pollution control revolving loan fund or used for appropriate

administrative purposes.

b. To administer the revolving loan fund as established. The department may enter

into contracts and other agreements in connection with the operation of the

revolving loan fund to the extent necessary or convenient for the implementation

of the revolving loan fund program.

c. To administer and disburse funds in accordance with the federal Clean Water and

Safe Drinking Water Acts, as amended.

d. To adopt rules as necessary to carry out the provisions of this chapter and meet

the requirements of the federal Clean Water and Safe Drinking Water Acts, as

amended.
N.D. Cent. Code § 61-16.1-01 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-01
61-16.1-01. Legislative intent and purpose
Status: repealed

61-16.1-01. Legislative intent and purpose

Repealed by S.L. 2023, ch. 569, § 36.
N.D. Cent. Code § 61-35-88 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-88
61-35-88. Call for bids - Contents - Advertising
Status: in_force

61-35-88. Call for bids - Contents - Advertising

Proposals for the work of making improvements provided for in this chapter that exceed the

amount provided for construction of a public improvement under section 48-01.2-02 must be

advertised for by the board in the official newspaper of the county where the district office is

located once each week for two consecutive weeks. The board may cause the work on two or

more improvements to be combined in one advertisement and one contract awarded pursuant

to that advertisement. The advertisement for bids must:

1. Specify the work to be done according to the plans and specifications on file in the

office of the district;

2. Call for bids upon the basis of cash payment for the work;

3. State the time within which the bids will be received; and

4. State the time within which the work on the improvement is to be completed.

The board may require bidders to state also the rate of interest, not exceeding seven percent

per annum, which the bonds to be received and accepted by the bidder at par in payment for

the work are to bear.
N.D. Cent. Code § 61-32-11 — ND Code / Title 61 / Chapter 61-32 / Section 61-32-11
61-32-11. Application of prior law
Status: repealed

61-32-11. Application of prior law

Repealed by S.L. 1995, ch. 599, § 3.
N.D. Cent. Code § 61-24.3-05 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-05
61-24.3-05. Intake structure
Status: in_force

61-24.3-05. Intake structure

The intake structure to be utilized for the withdrawal of water from the water source for the

southwest pipeline project shall be determined by the commission, as in the judgment of the

commission the interests of the state and water user entities of the southwest pipeline project

are best served. In making its determination on the selection of the intake structure, the

commission shall consider, among other things, cost, project stability, capacity and ability to

withdraw water, and flexibility in delivering water to water user entities.
N.D. Cent. Code § 61-29-05 — ND Code / Title 61 / Chapter 61-29 / Section 61-29-05
61-29-05. Powers and duties of commission
Status: in_force

61-29-05. Powers and duties of commission

The commission may advise local or other units of government to afford the protection

adequate to maintain the scenic, historic, and recreational qualities of the Little Missouri River

and its tributary streams. The commission shall also have the power and duties of promulgating

management policies to coordinate all activities within the confines of the Little Missouri River

when such action is deemed necessary.
N.D. Cent. Code § 61-07-13 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-13
61-07-13. Agreement by board to conform to laws of various departments or agencies to secure financial aid
Status: in_force

61-07-13. Agreement by board to conform to laws of various departments or agencies

to secure financial aid.

For the purpose of obtaining financial aid from the United States, or from any department,

bureau, or agency thereof, or from the state water commission, the board of a district may agree

to conform to the laws of the United States and to the regulations of any department, bureau, or

agency thereof, or may agree to conform to the regulations of the state water commission and

to the supervision of such federal agency, bureau, or department or to the supervision of the

state water commission, as the case may be.
N.D. Cent. Code § 61-28.1-05 — ND Code / Title 61 / Chapter 61-28.1 / Section 61-28.1-05
61-28.1-05. Variances and exemptions
Status: in_force

61-28.1-05. Variances and exemptions

The department may issue variances or exemptions and make rules and regulations

governing the issuance, denial, modification, revocation, and suspension of the same to

noncomplying water systems. Such variances and exemptions shall be accompanied by a

compliance time schedule requiring compliance within such time as the department shall

determine.
N.D. Cent. Code § 61-12-06 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-06
61-12-06. Dam construction - Petition accompanied by map
Status: in_force

61-12-06. Dam construction - Petition accompanied by map

A petition for the construction of a dam or a system of dams, including gates and other

proper and necessary structures incidental thereto, may be made in writing to the board of flood

irrigation. Such petition shall be signed by at least six freeholders of the district to be affected by

the flood irrigation project and shall set forth and particularly describe the boundaries of the

district which will be affected. The petitioners must accompany the petition with a map of such

proposed district. Such map shall show the approximate location of the proposed dam or dams

and other necessary works by means of which it is intended to control the waters of a river or

stream. Said petition also shall describe in a general way the benefits expected to be derived

from the establishment of such improvement.
N.D. Cent. Code § 61-16.1-34 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-34
61-16.1-34. Warrants - When payable - Amounts - Interest - Interest coupons
Status: in_force

61-16.1-34. Warrants - When payable - Amounts - Interest - Interest coupons

A district may, at any time after entering into a contract for a project to be financed in whole

or in part by special assessments, issue temporary and definitive warrants on the project fund,

created for that purpose, in the manner and subject to the limitations prescribed in section
N.D. Cent. Code § 61-01-06 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-06
61-01-06. Watercourse and waterway - Definitions
Status: in_force

61-01-06. Watercourse and waterway - Definitions

1. A watercourse entitled to the protection of the law is constituted if there is a sufficient

natural and accustomed flow of water to form and maintain a distinct and a defined

channel. The supply of water is not required to be continuous or from a perennial living

source. The criteria for constituting a watercourse are satisfied if the flow arises

periodically from natural causes and reaches a plainly defined channel of a permanent

character.

2. A person aggrieved by a watercourse determination made by a state agency or a

political subdivision of the state may request the department of water resources review

the determination. Upon request, the department of water resources shall review the

state agency or political subdivision determination and determine whether a

watercourse is constituted. A person aggrieved by a department of water resources

determination may file an appeal under section 61-03-22.

3. For purposes of this title, unless the context otherwise requires, "waterway" means a

natural, geologic feature that conveys surface water over land.
N.D. Cent. Code § 61-16.1-47 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-47
61-16.1-47. Drain kept open and in repair by water resource board
Status: in_force

61-16.1-47. Drain kept open and in repair by water resource board

All assessment drains that have been constructed in any district, except township drains,

shall be under the charge of the water resource board and it shall be the duty of the board to

keep those drains open and in good repair. It shall be the mandatory duty of the board, within

the limits of available funds, to clean out and repair any assessment drain when requested to do

so by petition of the affected landowners having fifty percent or more of the possible votes, as

determined according to section 61-16.1-20.
N.D. Cent. Code § 61-10-10 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-10
61-10-10. Copy of order changing boundaries filed with recorder - Effect
Status: repealed

61-10-10. Copy of order changing boundaries filed with recorder - Effect

Repealed by S.L. 1959, ch. 410, § 15.
N.D. Cent. Code § 61-35-87 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-87
61-35-87. Foreclosure of tax lien on property when general and special assessment taxes are delinquent
Status: in_force

61-35-87. Foreclosure of tax lien on property when general and special assessment

taxes are delinquent.

Special assessments imposed under this chapter become due and delinquent and are

subject to penalties for nonpayment at the same date and rates as first installments of real

estate taxes at the same time and in the same manner as provided in title 57.

If there is no delinquent general property tax against a tract or parcel of land and it is

foreclosed for special assessments alone, the notice of foreclosure of tax lien must state that

the foreclosure is for special assessments and a tax deed in such case must be issued in the

usual course of procedure.
N.D. Cent. Code § 61-11-14 — ND Code / Title 61 / Chapter 61-11 / Section 61-11-14
61-11-14. Sale does not affect or release assessment liens - Duty of county treasurer
Status: in_force

61-11-14. Sale does not affect or release assessment liens - Duty of county treasurer

The sale of the property and franchises of an irrigation district shall not affect or release the

lien of any assessment made by the district upon the lands therein, and such lien shall not be

removed until such assessment is paid or the property sold for the payment thereof. The county

treasurer shall collect any such assessment in the manner provided by law for the collection of

the assessments of an irrigation district, and the laws of the state for the collection and sale of

land for taxes shall continue to be applicable to the collection of any such assessments.
N.D. Cent. Code § 61-14-02 — ND Code / Title 61 / Chapter 61-14 / Section 61-14-02
61-14-02. Unused water reverts to public
Status: repealed

61-14-02. Unused water reverts to public

Repealed by S.L. 1963, ch. 417, § 26.
N.D. Cent. Code § 61-08-03 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-03
61-08-03. Notice of election - Contents
Status: in_force

61-08-03. Notice of election - Contents

A notice of the election containing a complete copy of the initial resolution provided for in

section 61-08-01 shall be given in the manner provided for a regular election of the district.
N.D. Cent. Code § 61-04.1-15 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-15
61-04.1-15. Revocation or suspension of license
Status: in_force

61-04.1-15. Revocation or suspension of license

The department of water resources may suspend or revoke a license for any of the

following reasons:

1. Incompetency.

2. Dishonest practice.

3. False or fraudulent representations made in obtaining a license or permit under this

chapter.

4. Failure to comply with any provisions of this chapter or any rules adopted by the

department pursuant to this chapter.
N.D. Cent. Code § 61-33-07 — ND Code / Title 61 / Chapter 61-33 / Section 61-33-07
61-33-07. Deposit of income
Status: in_force

61-33-07. Deposit of income

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

department of water resources and board of university and school lands pursuant to this chapter

and not belonging to other trust funds must be deposited in the strategic investment and

improvements fund.
N.D. Cent. Code § 61-02-63 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-63
61-02-63. Mortgage of commission - Contents - Purchaser at foreclosure sale - Rights
Status: in_force

61-02-63. Mortgage of commission - Contents - Purchaser at foreclosure sale -

Rights.

Any purchaser at any sale of any works or project pursuant to a judgment or decree in an

action to foreclose a trust indenture conveying in trust or mortgaging any works or project

financed with bonds issued by the commission as authorized by this chapter shall obtain title to

the works or project free from any trust or other obligation of the commission, the state of North

Dakota, or the public thereof, as to its operation, maintenance, use, or disposition except the

obligation to use all water impounded in the works or project for sale, rental distribution, or other

beneficial use.
N.D. Cent. Code § 61-24-16 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-16
61-24-16. County may be excluded from conservancy district if not benefited
Status: in_force

61-24-16. County may be excluded from conservancy district if not benefited

1. Any county in the conservancy district not benefited or not to be benefited, in whole or

in part, by the establishment of the Garrison diversion unit of the Missouri River basin

project as authorized by Act of Congress, approved December 22, 1944 [58 Stat. 887],

and acts amendatory thereof or supplementary thereto, may be excluded from the

district as provided herein. The board of county commissioners of any such county

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

the board of directors of the conservancy district a petition, for and on behalf of the

county, requesting the board of directors of the district to exclude such county

therefrom. A certified copy of the resolution of the county board shall accompany and

be filed with such petition. The petition and resolution shall state specific reasons why

such county will not be benefited by the establishment and development of the

Garrison diversion unit.

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

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

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

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

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

consecutive weeks in a newspaper of general circulation printed in the district. The

hearing mentioned in such notice shall be held not less than ten nor more than twenty

days after the last publication of such notice. The notice shall state that any person,

corporation, limited liability company, municipality, and county in the district may

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

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

mentioned in the notice.

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

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

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

to execute the order of the board excluding such county from the conservancy district.

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

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

exclude such county from the district. A county excluded from the conservancy district

shall not be liable for any obligations thereof incurred after exclusion but shall be liable

for and shall pay to the district taxes levied before exclusion.

4. If any contract shall have been made with the United States or any agency thereof

before such petition is filed, such petition shall not be granted unless consented

thereto by the appropriate agency of the United States and if such agency gives its

consent upon condition, such conditions shall be included in the order of exclusion and

the county may be required to and in that event such county shall continue to pay any

tax levies required to meet the obligations of any such contract.
N.D. Cent. Code § 61-09-18 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-18
61-09-18. Board may call special election to determine if special assessment shall be levied
Status: in_force

61-09-18. Board may call special election to determine if special assessment shall be

levied.

The board at any time, when in its judgment advisable, may call a special election and

submit to the qualified electors of the district the question whether or not a special assessment

shall be levied for the purpose of raising money to be applied for any authorized purpose.
N.D. Cent. Code § 61-03-05.1 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-05.1
61-03-05.1. Deposit of certain fees in special fund - Purposes of fund
Status: repealed

61-03-05.1. Deposit of certain fees in special fund - Purposes of fund

Repealed by S.L. 2021, ch. 56, § 15.
N.D. Cent. Code § 61-35-93 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-93
61-35-93. Opening of bids - Bids to be entered on minutes
Status: in_force

61-35-93. Opening of bids - Bids to be entered on minutes

After the bids have been opened and made public, they must be entered upon the minutes

of the meeting of the board of the district at which they are considered, and they must be

preserved carefully by the district secretary.
N.D. Cent. Code § 61-37-17 — ND Code / Title 61 / Chapter 61-37 / Section 61-37-17
61-37-17. Presumption of validity
Status: in_force

61-37-17. Presumption of validity

After issuance, all bonds of the program are conclusively presumed to be fully authorized

and issued under the laws of this state, and any person or governmental unit is estopped from

questioning their authorization, sale, issuance, execution, or delivery by the program.
N.D. Cent. Code § 61-07-29 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-29
61-07-29. Board may enter into a contract for supply of water - Payment - Source
Status: in_force

61-07-29. Board may enter into a contract for supply of water - Payment - Source

The board of any irrigation district in this state may enter into a contract for a supply of

water with the United States, or with any department or agency thereof, or with the state water

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

with another irrigation district, for the irrigation of lands within the district. Under such contract,

the board may agree to pay for the water furnished or delivered to the district from collections

obtained from tolls or charges paid by water users and from assessments levied against the

lands irrigated. The source of supply of such water may be either within or without the

boundaries of this state. Such water supply may be the entire supply for such district or may

supplement an appropriation of water already made by said district.
N.D. Cent. Code § 61-41-03 — ND Code / Title 61 / Chapter 61-41 / Section 61-41-03
61-41-03. Mouse River enhanced flood control project
Status: in_force

61-41-03. Mouse River enhanced flood control project

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

nonfederal or local cost of constructing the Mouse River enhanced flood control

project.

2. Any funds appropriated for the construction of the Mouse River enhanced flood control

project may be carried over to future bienniums.

3. State funding for the Mouse River enhanced flood control project may be appropriated

at the time and in the manner determined by the legislative assembly, either

concurrently or separately from federal and local funding for the Mouse River

enhanced flood control project.
N.D. Cent. Code § 61-33.1-05 — ND Code / Title 61 / Chapter 61-33.1 / Section 61-33.1-05
61-33.1-05. Actions challenging review findings or final acreage determinations (Retroactive application - See note)
Status: in_force

61-33.1-05. Actions challenging review findings or final acreage determinations

(Retroactive application - See note)

1. An interested party seeking to bring an action challenging the review findings or

recommendations or the industrial commission actions under this chapter shall

commence an action in district court within two years of the date of adoption of the

final review findings by the industrial commission. The plaintiff bringing an action under

this section may challenge only the final review finding for the section or sections of

land in which the plaintiff asserts an interest. The state and all owners of record of fee

or leasehold estates or interests affected by the finding, recommendation, or industrial

commission action challenged in the action under this section must be joined as

parties to the action. A plaintiff or defendant claiming a boundary of the ordinary high

water mark of the historical Missouri riverbed channel which varies from the boundary

determined under this chapter bears the burden of establishing the variance by clear

and convincing evidence based on evidence of the type required to be considered by

the engineering and surveying firm under subsection 3 of section 61-33.1-03.

2. An interested party seeking to bring an action challenging the final acreage

determination under this chapter shall commence an action in district court within two

years of the date the acreage determinations were approved by the board of university

and school lands. The plaintiff bringing an action under this section may challenge only

the acreage determination for the section or sections of land in which the plaintiff

asserts an interest. The state and all owners of record of fee or leasehold estates or

interests affected by the final acreage determination challenged in the action under

this section must be joined as parties to the action. A plaintiff or defendant claiming a

determination of the acreage above or below the historical Missouri riverbed channel

which varies from the final acreage determination under this chapter bears the burden

of establishing the variance by clear and convincing evidence based on evidence of

the type required to be considered by the engineering and surveying firm contracted

by the board of university and school lands under subsection 2 of section 61-33.1-04.

3. Notwithstanding any other provision of law, an action brought in district court under this

section is the sole remedy for challenging the final review, recommendations,

determination of the ordinary high water mark, and final acreage determination under

this chapter, and preempts any right to rehearing, reconsideration, administrative

appeal, or other form of civil action provided under law.
N.D. Cent. Code § 61-08-18 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-18
61-08-18. Use of district improvement warrants - Assessments levied to raise funds to pay improvement warrants
Status: repealed

61-08-18. Use of district improvement warrants - Assessments levied to raise funds to

pay improvement warrants.

Repealed by S.L. 1997, ch. 518, § 24.
N.D. Cent. Code § 61-24.5-09 — ND Code / Title 61 / Chapter 61-24.5 / Section 61-24.5-09
61-24.5-09. Powers and duties of the district board of directors
Status: in_force

61-24.5-09. Powers and duties of the district board of directors

The board of directors of the southwest water authority has the power:

1. To sue and be sued in the name of the authority.

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

purpose of acquiring and securing any right, title, interest, estate, or easement

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

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

valves, and all other appurtenant facilities used in connection with the southwest

pipeline project, or any part thereof.

3. To accept funds, property, and services or other assistance, financial or otherwise,

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

promoting the construction, maintenance, and operation of the southwest pipeline

project, or any part thereof.

4. To cooperate and contract with the state, its agencies, or its political subdivisions, or

any agency of the United States, in research and investigation or other activities

promoting the establishment, construction, development, or operation of the southwest

pipeline project, or any part thereof.

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

into a contract, or contracts, with the United States of America, or any department or

agency thereof, and with public corporations and political subdivisions of North Dakota

for the performance of obligations for the construction, operation, or maintenance of

the southwest pipeline project, or any part thereof, or for the delivery of water to any

such department, agency, or political subdivision.

6. To construct or purchase separately or in cooperation with agencies of the United

States, or the state of North Dakota, its agencies or political subdivisions, and to equip,

maintain, and operate an office and principal place of business for the district, or other

buildings or facilities to carry out activities authorized by this chapter.

7. To appoint and fix the compensation of such employees as the board shall deem

necessary to conduct the business and affairs of the authority, and to procure the

services of engineers and other technical experts, and to retain an attorney or

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

8. To appoint from their number an executive committee and vest the same with such

powers and duties as the board may from time to time delegate thereto, in order to

facilitate the duties and work of the board in connection with the business affairs

involved in the development, construction, operation, and maintenance of the

southwest pipeline project, or any part thereof.

9. To enter into a contract or contracts for a supply of water from the United States or the

state water commission and to sell, lease, and otherwise contract to furnish any such

water for beneficial use to persons or entities within or outside the authority.

10. To accept, on behalf of the district, appointment of the district as fiscal agent of the

United States or the state water commission and authorization to make collections of

money for and on behalf of the United States or the state water commission in

connection with the southwest pipeline project, or any part thereof.

11. To sell or exchange any and all real property purchased or acquired by the authority.

All moneys received pursuant to any such sale or exchange shall be deposited to the

credit of the authority and may be disbursed for the payment of expenses of the

authority.

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

subsection 5 of section 40-33-01 pursuant to the limitations set forth therein. The

authority may pay the cost of leasing any waterworks, mains, and water distribution

system and any equipment or appliances connected therewith and any property

related thereto pursuant to subsection 5 of section 40-33-01 solely from revenues to

be derived by the authority from the ownership, sale, lease, disposition, and operation

of the waterworks, mains, and water distribution system; the funds or any other

amounts invested by the authority pursuant to the laws of the state or invested on the

authority's behalf by the state, or any agency or institution of the state, in conformity

with policies of the industrial commission, including investment in a guaranteed

investment contract and any earnings thereon, to the extent pledged therefor; and

funds, if any, appropriated annually by the board of the authority or received from

federal or state sources.

13. To study and analyze options for providing additional water supplies to southwest

North Dakota for purposes, including domestic, rural water, municipal, livestock,

energy development, industrial, mining, and other uses.

14. To conduct engineering, legal, financial, educational, and other activities to further the

completion of the southwest pipeline project, or any part thereof, or any other works or

projects necessary to provide adequate water supplies for southwest North Dakota.
N.D. Cent. Code § 61-04-15.2 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-15.2
61-04-15.2. Add a point of diversion
Status: in_force

61-04-15.2. Add a point of diversion

A permitholder may add a point of diversion to a conditional or perfected permit without

affecting the priority date, if approved by the department of water resources. Applications to add

a point of diversion must be processed and evaluated in the same manner as a conditional

water permit application. The department may approve the additional point of diversion if the

proposed addition will not adversely affect the rights of other appropriators.
N.D. Cent. Code § 61-04.1-22 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-22
61-04.1-22. Weather modification authority may suspend operations
Status: in_force

61-04.1-22. Weather modification authority may suspend operations

Other provisions of this chapter notwithstanding, the weather modification authority in any

county authorized to contract for weather modification operations under this chapter may

suspend the county and state weather modification operation within that county.
N.D. Cent. Code § 61-04-06.2 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-06.2
61-04-06.2. Terms of permit - Disposition of fees
Status: in_force

61-04-06.2. Terms of permit - Disposition of fees

The department of water resources may issue a conditional water permit for less than the

amount of water requested. Except for water permits for incorporated municipalities or rural

water systems, the department may not issue a permit for more water than can be beneficially

used for the purposes stated in the application. Water permits for incorporated municipalities or

rural water systems may contain water in excess of present needs based upon what may

reasonably be necessary for the future water requirements of the municipality or the rural water

system. The department may require modification of the plans and specifications for the

appropriation. The department may issue a permit subject to fees for water use and conditions

the department considers necessary to protect the rights of others and the public interest. The

fees must be used by the department for planning, research, and administration required to

regulate the allocation and appropriation of the waters of the state. Conditions must be related

to matters within the department's jurisdiction. Fees collected under this section must be

deposited in the resources trust fund of the state treasury. All conditions attached to any permit

issued before July 1, 1975, are binding upon the permitholder.
N.D. Cent. Code § 61-35-82 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-82
61-35-82. Interest and penalties added to special assessments - County treasurer to collect and pay over
Status: in_force

61-35-82. Interest and penalties added to special assessments - County treasurer to

collect and pay over.

The county treasurer shall add to all special assessments the same interest and penalties

that are added in the case of general taxes and at the same time. The county treasurer shall

collect the interest and penalties with the special assessments and shall pay all such interest

and penalties collected over to the district treasurer.
N.D. Cent. Code § 61-15-10 — ND Code / Title 61 / Chapter 61-15 / Section 61-15-10
61-15-10. Permitting municipal corporations to dam Red River of the North
Status: in_force

61-15-10. Permitting municipal corporations to dam Red River of the North

Any municipality owning or permanently controlling land upon which a proposed dam is to

be constructed may construct a dam thereon and across that portion of the Red River of the

North which forms a part of the boundary common to the state of North Dakota and the state of

Minnesota, for the purpose of conserving water for municipal, commercial, and domestic use,

constructing in connection therewith such appliances, fishways, raceways, sluiceways, and

wasteways as may be necessary or convenient for the proper construction and utility of such

dam and as may be required by law. If required by law or treaty, the consent of the United

States and of the state of Minnesota shall be obtained first.
N.D. Cent. Code § 61-08-21 — ND Code / Title 61 / Chapter 61-08 / Section 61-08-21
61-08-21. Registration of warrants by secretary - Filing copy of record in county auditor's office
Status: repealed

61-08-21. Registration of warrants by secretary - Filing copy of record in county

auditor's office.

Repealed by S.L. 1997, ch. 518, § 24.
N.D. Cent. Code § 61-24-27 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-27
61-24-27. Notes and bonds exempt from taxation
Status: in_force

61-24-27. Notes and bonds exempt from taxation

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

agencies, and political subdivisions and agencies of the state, including the public finance

authority, all national banking associations, state banks, trust companies, savings banks and

institutions, savings and loan associations, credit unions, investment companies, insurance

companies, and other entities carrying on an investment 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 under this

chapter, and the bonds are authorized security for public deposits. Notes and bonds, including

refunding bonds, issued under this chapter and their interest and income are exempt from all

taxation by the state or by any political subdivision except inheritance, estate, and transfer

taxes.
N.D. Cent. Code § 61-02-35 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-35
61-02-35. When right of commission to waters attaches - Continuation of authority and jurisdiction
Status: in_force

61-02-35. When right of commission to waters attaches - Continuation of authority

and jurisdiction.

The right of the commission to the waters within this state acquired as provided in this

chapter for the purposes defined in this chapter shall attach at and from their source and while

flowing in the streams, traveling to the means of control, as well as when actually confined by

such means. The authority and jurisdiction of the commission shall continue over such waters

after they are released for purposes of use and shall continue to such places of use, and the

commission, through and by officers and agents under its authority, may continue to exercise

control over such waters and may prevent the diversion thereof without permission first

obtained. The commission may reclaim and possess all waters furnished or supplied by it

seeping or overflowing from the previous place of use.
N.D. Cent. Code § 61-02.1-05 — ND Code / Title 61 / Chapter 61-02.1 / Section 61-02.1-05
61-02.1-05. Water development trust fund
Status: repealed

61-02.1-05. Water development trust fund

Repealed by S.L. 2021, ch. 32, § 13.
N.D. Cent. Code § 61-24.6-03 — ND Code / Title 61 / Chapter 61-24.6 / Section 61-24.6-03
61-24.6-03. Northwest area water supply authority - Duty - Officers - Meetings - Compensation - Staffing
Status: in_force

61-24.6-03. Northwest area water supply authority - Duty - Officers - Meetings -

Compensation - Staffing.

The northwest area water supply authority shall develop recommendations for the

legislative management regarding the transition of long-term operations and management of the

northwest area water supply project. The members of the authority shall serve four-year terms.

The authority shall elect a chairman and vice chairman and meet no less often than once per

quarter at the times and places necessary to carry out the purposes of this chapter. The

authority members may be reimbursed for their mileage and expenses in the amount provided

for by sections 44-08-04 and 54-06-09. The authority members serve at the pleasure of the

state water commission. Vacancies must be filled in the same manner as original appointments

are made. The department of water resources shall provide staffing and support for the

authority.
N.D. Cent. Code § 61-20-05 — ND Code / Title 61 / Chapter 61-20 / Section 61-20-05
61-20-05. Township and county assessors shall list all artesian and flowing wells annually - Forwarding data to state water commission
Status: repealed

61-20-05. Township and county assessors shall list all artesian and flowing wells

annually - Forwarding data to state water commission.

Repealed by S.L. 1983, ch. 598, § 25.
N.D. Cent. Code § 61-35-61 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-61
61-35-61. Assessment of cost of project
Status: in_force

61-35-61. Assessment of cost of project

When the district board proposes to make any special assessment under this chapter, the

board, prior to the hearing required under section 61-35-58 shall inspect any and all lots and

parcels of land that may be subject to assessment and shall determine from the inspection the

particular lots and parcels of lands which, in the opinion of the board, will be especially benefited

by the construction of the work for which the assessment is made and shall assess the

proportion of the total cost of acquiring right of way and constructing and maintaining such

improvement in accordance with benefits received but not exceeding such benefits, against:

1. Any county, township, or city, in its corporate capacity, which may be directly or

indirectly benefited by the improvement.

2. Any lot, piece, or parcel of land that is directly benefited by the improvement.

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

of improvement of properties, and productivity. Property belonging to the United States is

exempt from assessment unless the United States has provided for the payment of any

assessment that may be levied against its property for benefits received. Benefited property

belonging to the state, a county, a city, a school district, a park district, or a township is not

exempt from assessment and political subdivisions that own assessed property shall provide for

the payment of such assessments, including installments and interest, by the levy of taxes

according to law. Any county, township, or city assessed in its corporate capacity for benefits

received shall provide for the payment of those assessments, installments, and interest from its

general fund or by levy of a general property tax against all the taxable property in the political

subdivision in accordance with law. No tax limitation provided by any statute of this state applies

to tax levies made by any political subdivision for paying any special assessments made under

this chapter. There must be attached to the list of assessments a certificate signed by a majority

of the members of the board certifying that it is a true and correct assessment of the benefit

described to the best of their judgment and stating the several items of expense included in the

assessment.
N.D. Cent. Code § 61-04-24.1 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-24.1
61-04-24.1. Cancellation of water rights - Comments
Status: in_force

61-04-24.1. Cancellation of water rights - Comments

Comments regarding the proposed cancellation must be in writing and filed by the date

specified by the department. The comments must state the name and mailing address of the

person filing the comments. Comment letters submitted electronically must state the name and

mailing address of the person filing the comments, and must be signed by the submitter to be

considered valid and part of the official record.
N.D. Cent. Code § 61-04-01.2 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-01.2
61-04-01.2. Beneficial use requirement
Status: in_force

61-04-01.2. Beneficial use requirement

A right to appropriate water can be acquired for beneficial use only as provided in this

chapter. Beneficial use shall be the basis, the measure, and the limit of the right to the use of

water.
N.D. Cent. Code § 61-24.6-06 — ND Code / Title 61 / Chapter 61-24.6 / Section 61-24.6-06
61-24.6-06. Commission to fix water rates for the northwest area water supply project
Status: in_force

61-24.6-06. Commission to fix water rates for the northwest area water supply project

The state water commission, after consulting with the northwest area water supply authority,

shall establish the payments for water service to be paid by water user entities for purchase of

water from the northwest area water supply project. The payments for water service must

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

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

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

maintenance, and replacement costs an amount to be deposited in the northwest area water

supply project reserve fund for replacement, as established by section 61-24.6-07, for

replacement and extraordinary maintenance of northwest area water supply project works. The

amount of the reserve fund for replacement must be determined by the commission.
N.D. Cent. Code § 61-04.1-33 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-33
61-04.1-33. Bids required - When
Status: in_force

61-04.1-33. Bids required - When

If the department of water resources contracts with any licensed controller in an amount in

excess of ten thousand dollars in any one year, the department shall advertise for proposals for

such weather modification activities and, in its proceedings with respect to bids therefor, shall

substantially follow the manner and form required by the laws of this state for the purchase of

supplies by the office of management and budget. The department may not enter a contract or

agreement for weather modification services except with a controller, holding the permit as

required by this chapter, except for the purpose of gathering technical information, and making

studies or surveys.
N.D. Cent. Code § 61-14-01 — ND Code / Title 61 / Chapter 61-14 / Section 61-14-01
61-14-01. Units of measurement
Status: in_force

61-14-01. Units of measurement

The standard of measurement for the flow and volume of water shall be established by rule

by the department of water resources.
N.D. Cent. Code § 61-24-23 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-23
61-24-23. Provisions governing bonds
Status: in_force

61-24-23. Provisions governing bonds

The resolution authorizing the issuance of revenue bonds or refunding bonds under this

chapter or resolutions adopted after adoption of the original resolution must prescribe:

1. The rates of interest, or if an interest rate is variable, the method for calculating the

interest rate.

2. Whether the bonds will be in one or more series.

3. The dates the bonds will bear.

4. The times the bonds will mature.

5. The medium in which the bonds will be payable.

6. The places where the bonds will be payable.

7. The terms of redemption, if any, to which the bonds will be subject.

8. The manner in which the bonds will be executed.

9. The terms, covenants, and conditions that the bonds will contain.

10. The form in which the bonds will be issued, either coupon or registered.
N.D. Cent. Code § 61-04-02.1 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-02.1
61-04-02.1. Emergency or temporary authorization
Status: in_force

61-04-02.1. Emergency or temporary authorization

The department of water resources may authorize emergency or temporary use of water for

periods not to exceed twelve months if the department determines the use will not be to the

detriment of existing rights. The department shall establish by rule a separate procedure for

processing applications for emergency or temporary use. Prescriptive and other rights to the

use of water may not be acquired by use of water as authorized in this section.
N.D. Cent. Code § 61-12-45 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-45
61-12-45. Assessment of omitted property - Additional assessments
Status: in_force

61-12-45. Assessment of omitted property - Additional assessments

If an improvement has been or hereafter shall be established, constructed, or maintained

pursuant to the provisions of this chapter, the board of flood irrigation, even after the benefits

therefor have been assessed, shall have the power, either upon its own motion or upon the

request of any interested property owner within said improvement district, and after said

improvement has been established and constructed, to examine into and determine whether

any property located within said improvement district has not been assessed for benefits. If such

board shall find and determine that such property has not been assessed for benefits and in fact

has benefited by the establishment, construction, and maintenance of such improvement, it

shall proceed to assess such property for such benefits. After the improvement has been

established and constructed, the board likewise, upon petition of an owner, may re-examine the

benefits thereof. If it appears from such re-examination that more property of such owner has

been assessed than actually has been benefited, the board may reassess such benefits so as

to conform to the proven facts. All assessments made under this section otherwise shall be

made and reviewed in the manner provided in sections 61-12-22 through 61-12-24. If additional

assessments are made pursuant to this section, the amount thereof shall be used, first to pay

deficiencies in the cost of said project, if any, and the balance thereof, if any, shall be credited

equitably and ratably upon the last payment of the assessments made upon the property

originally assessed.
N.D. Cent. Code § 61-24.7-05 — ND Code / Title 61 / Chapter 61-24.7 / Section 61-24.7-05
61-24.7-05. State funding plan
Status: in_force

61-24.7-05. State funding plan

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

cost of constructing the Red River valley water supply project.

2. Any funds appropriated for the construction of the Red River valley water supply

project may be carried over to future bienniums.

3. State funding for the Red River valley water supply project may be appropriated at the

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

separately from any federal funding that becomes available and the local funding for

the Red River valley water supply project.
N.D. Cent. Code § 61-02-57 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-57
61-02-57. Moneys appropriated to pay interest and principal of bonds available as a revolving fund
Status: in_force

61-02-57. Moneys appropriated to pay interest and principal of bonds available as a

revolving fund.

Moneys appropriated to enable the commission to guarantee the payment of the interest or

principal of its bonds shall be available to the commission as a continuing revolving fund, and

moneys so appropriated, and any unexpended balances thereof, including interest on the

moneys and unexpended balances, shall not revert to the state general fund at the end of any

biennial fiscal period but shall be available for use by the commission to insure and guarantee

the payment of, or pay, to the extent provided in this chapter, the interest and principal of its

bonds until otherwise required by law.
N.D. Cent. Code § 61-12-04 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-04
61-12-04. Organization of board of flood irrigation
Status: in_force

61-12-04. Organization of board of flood irrigation

The members of the board of flood irrigation shall organize by electing from their number a

chairman and a secretary. The board shall keep an office at the county seat and shall keep a

record of its acts and proceedings and a separate record of the proceedings relating to each

separate flood irrigation project, all of which shall be open for public inspection. Such records

shall have the same force and effect as other public records. Three members of said board shall

constitute a quorum for the transaction of business. Said board, when it is necessary, may

employ a clerk and fix the clerk's compensation. It also may employ a competent surveyor or

engineer.
N.D. Cent. Code § 61-02-68.8 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-68.8
61-02-68.8. Additional covenants and conditions to secure interim financing notes
Status: in_force

61-02-68.8. Additional covenants and conditions to secure interim financing notes

The commission, in order to further secure the payment of the interim financing notes, is

authorized and empowered to make any other or additional covenants, terms, and conditions,

and to do and perform such acts as may be necessary, convenient, or desirable in order to

secure payment of its notes, and to make the notes more acceptable to lenders. Exercise of

authority pursuant to this section shall be consistent with the provisions of this chapter.
N.D. Cent. Code § 61-24-19 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-19
61-24-19. Easement granted for ditches, pipelines, canals, tramways, and transmission lines on any public lands
Status: in_force

61-24-19. Easement granted for ditches, pipelines, canals, tramways, and

transmission lines on any public lands.

In connection with the construction and development of the Garrison diversion unit of the

Missouri River basin project, there is granted over all the lands belonging to the state, including

lands owned or acquired for highway right-of-way purposes, a right of way for ditches, pipelines,

or canals and for tunnels, tramways, and telephone and electric transmission lines constructed

as part of the Garrison diversion unit; provided, however, that the director of the department of

transportation, the board of county commissioners, or the board of township supervisors must

approve the plans of the bureau of reclamation with respect to the use of any and all right of

way of roads under their respective control prior to such grant becoming effective.
N.D. Cent. Code § 61-35-16 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-16
61-35-16. Plans and specifications
Status: in_force

61-35-16. Plans and specifications

As soon as reasonably possible after organizing a district, the board shall file with the

department of water resources copies of the plans and specifications for, and estimates of the

cost of, any improvements authorized by this chapter which the board proposes to construct or

acquire. The board shall determine a reasonable fee that each member shall pay for the

privilege of utilizing the district's facilities, which shall be known as a benefit unit. By publication

in the official county newspaper of each county in which all or part of the district is located, the

board shall describe generally the planned improvements, the area to be served, and the fee

members will be required to pay for each service connected to the water system.
N.D. Cent. Code § 61-02-21 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-21
61-02-21. Sewage and waste disposal or discharge - Water supply plant - Approval of commission required
Status: repealed

61-02-21. Sewage and waste disposal or discharge - Water supply plant - Approval of

commission required.

Repealed by S.L. 1975, ch. 575, § 2.
N.D. Cent. Code § 61-28-09 — ND Code / Title 61 / Chapter 61-28 / Section 61-28-09
61-28-09. Water transfers used to control flooding exempt
Status: in_force

61-28-09. Water transfers used to control flooding exempt

1. An action may not be brought under either chapter 32-40 or 61-28 against an owner or

operator of a water transfer used to control flooding for violation of the state's water

pollution control laws if the water transfer:

a. Does not require a national pollutant discharge elimination system permit; and

b. Complies with the conditions in the state's water quality standards established to

protect aquatic life.

2. For purposes of this section, "water transfer" means an activity that conveys or

connects waters of the state without subjecting the transferred water to intervening

industrial, municipal, or commercial use.

3. The exemption in subsection 1 does not apply to pollutants introduced by the water

transfer activity itself to the water being transferred.

4. The owner or operator of a water transfer falling within this exemption must notify the

department before beginning operations.
N.D. Cent. Code § 61-12-13 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-13
61-12-13. Contents of notice
Status: in_force

61-12-13. Contents of notice

Notices of the hearing shall set out briefly the substance of the petition, the date of the filing

of the engineer's report, and the date when the board will act upon the petition, and must be

signed by the members of the board, or a majority thereof.
N.D. Cent. Code § 61-03-21.3 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-21.3
61-03-21.3. Removal, modification, or destruction of dangers in, on the bed of, or adjacent to navigable waters
Status: in_force

61-03-21.3. Removal, modification, or destruction of dangers in, on the bed of, or

adjacent to navigable waters.

1. If the department finds that buildings, structures, boat docks, debris, or other

manmade objects, except a fence or corral, situated in, on the bed of, or adjacent to

waters that have been determined to be navigable by a court are, or are likely to be, a

menace to life or property or public health or safety, the department may issue an

order to the person responsible for the object. If the department issues an order, the

order must specify the nature and extent of the conditions, the action necessary to

alleviate, avert, or minimize the danger, and a date by which that action must be taken.

If the department determines an object covered by flood insurance is likely to be a

menace to life or property or public health or safety, the date specified in the order for

action to be taken may not precede the date on which the person is eligible to receive

flood insurance proceeds. If a building, structure, boat dock, debris, or other manmade

object, except a fence or corral, is partially or completely submerged due to the

expansion of navigable waters, the person responsible is the person who owns or had

control of the property on which the object is located or the person who owned or had

control of the property immediately before it became submerged by water.

2. If the action is not taken by the date specified, but not less than twenty days from the

date of service of the notice, the department may cause the action to be taken. The

department may require the action to be taken in less than twenty days if an

emergency exists.

3. a. The department may bring an action to enforce an order of the department, or if

the department causes the action to be taken, the department may:

(1) Assess the costs of taking the action, or a portion of the costs as the

department determines, against any property of the person responsible; or

(2) Bring a civil action against the person responsible to recover the costs

incurred in taking the action.

b. If the department chooses to recover costs by assessing the cost against

property of the person responsible and the property is insufficient to cover the

costs incurred, the department may bring a civil action to recover any costs not

recovered through the assessment process. Any assessments levied under this

section must be collected in the same manner as other real estate taxes are

collected and paid. Any costs recovered must be deposited in the fund from which

the expenses were paid.

4. A person who receives an order, within ten days of the date of service of the order,

may demand, in writing, a hearing on the matter. The demand for a hearing must state

with particularity the issues, facts, and points of law to be presented at the hearing. If

the department determines the issues, facts, and law to be presented are well-founded

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

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

5. In an emergency, the department immediately may apply to the district court of the

county in which the property is located for an injunction ordering the person

responsible to modify, remove, abate, or otherwise eliminate the dangerous condition.

6. Any person aggrieved by the action of the department may appeal the decision to the

district court of the county in which the land is located in accordance with chapter
N.D. Cent. Code § 61-35-49 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-49
61-35-49. Waterworks and water mains - Acquisition of waterworks, sewage treatment and disposal plants, and sewer systems
Status: in_force

61-35-49. Waterworks and water mains - Acquisition of waterworks, sewage treatment

and disposal plants, and sewer systems.

The provisions of this chapter relating to water mains and waterworks apply only to districts

that own or contemplate owning a system of waterworks and water mains. In the purchase of a

waterworks system or of a sewage treatment or disposal plant or of a system of sewers, either

by eminent domain in accordance with chapter 32-15, or otherwise, a district may create

improvement districts, direct the preparation of plans and specifications, adopt a resolution

declaring the purchase of the facilities necessary, and take all other proceedings prescribed by

this chapter which would be taken in case of the construction of such facilities by the district

itself for the purpose of defraying the cost by special assessment of the benefited property. The

benefited property may be specially assessed for the purchase of such facilities, either

separately or as a part of a new system, the same as if the facilities were constructed entirely

anew.
N.D. Cent. Code § 61-24.8-16 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-16
61-24.8-16. Assessment of cost of project
Status: in_force

61-24.8-16. Assessment of cost of project

When the board proposes to make any special assessment under this chapter, the board or

its agent, before the hearing or the mailing of written notice required under section 61-24.8-13,

shall inspect any and all lots and parcels of land that may be subject to assessment and shall

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

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

made and shall assess the proportion of the total cost of acquiring right of way and constructing

and maintaining such improvement in accordance with direct benefits received but not

exceeding such benefits against any lot, piece, or parcel of land that is directly benefited by the

improvement. Property belonging to the United States is exempt from assessment unless the

United States has provided for the payment of any assessment that may be levied against its

property for benefits received. There must be attached to the list of assessments a certificate

signed by the chairman and certified by the secretary that it is a true and correct assessment of

the benefit described to the best of their judgment and stating the several items of expense

included in the assessment.
N.D. Cent. Code § 61-34-03 — ND Code / Title 61 / Chapter 61-34 / Section 61-34-03
61-34-03. Advisory committee
Status: in_force

61-34-03. Advisory committee

The commission shall appoint an advisory committee of at least three members. The

committee shall advise the commission in determining the criteria for eligibility, in defining

expenses covered by the program, and in developing rules.
N.D. Cent. Code § 61-28-06.1 — ND Code / Title 61 / Chapter 61-28 / Section 61-28-06.1
61-28-06.1. Fees - Deposit in operating fund
Status: in_force

61-28-06.1. Fees - Deposit in operating fund

The department by rule may prescribe and provide for the payment and collection of

reasonable fees for the issuance and renewals of permits, licenses, and approvals to discharge

sewage, industrial wastes, or other wastes into state waters. The permit fees must be based on

the anticipated cost of filing and processing the application, reviewing plans and specifications

relating to the construction, modification, or operation of disposal systems, and taking action on

the requested permit and conducting a monitoring and inspection program to determine

compliance or noncompliance with the permit. Any moneys collected for permit fees must be

deposited in the department operating fund in the state treasury and any expenditure from the

fund is subject to appropriation by the legislative assembly.
N.D. Cent. Code § 61-13-04 — ND Code / Title 61 / Chapter 61-13 / Section 61-13-04
61-13-04. Assessments may be levied upon capital stock
Status: in_force

61-13-04. Assessments may be levied upon capital stock

Any corporation or limited liability company organized for irrigation purposes, unless

otherwise provided in its articles of incorporation or bylaws, may levy assessments upon its

capital stock whether or not such stock is paid in full. If any shares of stock of any such

corporation or membership interests of any such limited liability company, which have been

made appurtenant to any land as provided in section 61-13-03, become delinquent in the

payment of assessments, the right to receive water thereunder or through dividends on such

stock or membership interests may be denied and such shares or membership interests may be

forfeited to the corporation or limited liability company.
N.D. Cent. Code § 61-31-07 — ND Code / Title 61 / Chapter 61-31 / Section 61-31-07
61-31-07. Termination of agreement
Status: in_force

61-31-07. Termination of agreement

The commissioner may terminate or amend any agreement by mutual agreement with the

landowner if the commissioner determines that the termination would be in the public interest.
N.D. Cent. Code § 61-04.1-41 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-41
61-04.1-41. Penalty
Status: in_force

61-04.1-41. Penalty

Any person contracting for or conducting any weather modification activity without being

licensed in accordance with the provisions of this chapter, or otherwise violating the provisions

of this chapter, shall be guilty of a class B misdemeanor.
N.D. Cent. Code § 61-10-13 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-13
61-10-13. When redivision of district into divisions - Directors elected from
Status: repealed

61-10-13. When redivision of district into divisions - Directors elected from

Repealed by S.L. 1959, ch. 410, § 15.
N.D. Cent. Code § 61-01-04 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-04
61-01-04. Eminent domain - Who may exercise
Status: in_force

61-01-04. Eminent domain - Who may exercise

The United States, or any person, corporation, limited liability company, or association may

exercise the right of eminent domain to acquire for a public use any property or rights existing

when found necessary for the application of water to beneficial uses, including the right to

enlarge existing structures and use the same in common with the former owner. Any canal right

of way so acquired shall be located so as to do the least damage to private or public property,

consistent with proper and economical engineering construction. Such property or rights may be

acquired in the manner provided in chapter 32-15 and the North Dakota Rules of Civil

Procedure.
N.D. Cent. Code § 61-04-15.4 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-15.4
61-04-15.4. Change in purpose of use
Status: in_force

61-04-15.4. Change in purpose of use

1. A permitholder may change the purpose of use of a conditional or perfected water

permit without affecting the priority date, if approved by the department of water

resources.

2. An application to change the purpose of use must be processed and evaluated in the

same manner as a conditional water permit application.

3. The department of water resources may approve the proposed change if the proposed

change will not adversely affect the rights of other appropriators and if a change in the

purpose of use is:

a. To a superior use under the order of priority in section 61-04-06.1; or

b. To livestock use or fish, wildlife, and recreation use for a reservoir authorizing no

withdrawal of water.
N.D. Cent. Code § 61-24.3-07 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-07
61-24.3-07. Capacity for industrial use
Status: in_force

61-24.3-07. Capacity for industrial use

Upon receipt of a commitment from any large industrial user through the execution of a

water service contract for the purchase of water from the southwest pipeline project, or other

appropriate contract, as required by the commission, the commission shall have the authority to

include in the southwest pipeline project sufficient capacity to provide water to such large

industrial user, and to determine the rates and charges for delivery of water to the industrial

user.
N.D. Cent. Code § 61-33.1-06 — ND Code / Title 61 / Chapter 61-33.1 / Section 61-33.1-06
61-33.1-06. Public domain lands (Retroactive application - See note)
Status: in_force

61-33.1-06. Public domain lands. (Retroactive application - See note)

Notwithstanding any provision of this chapter to the contrary, the ordinary high water mark

of the historical Missouri riverbed channel abutting nonpatented public domain lands owned by

the United States must be determined by the branch of cadastral study of the United States

bureau of land management in accordance with federal law.
N.D. Cent. Code § 61-11-07 — ND Code / Title 61 / Chapter 61-11 / Section 61-11-07
61-11-07. Resolution of dissolution when election favors dissolution - Officers and board to act until obligations settled
Status: in_force

61-11-07. Resolution of dissolution when election favors dissolution - Officers and

board to act until obligations settled.

If a majority of the votes cast at the election are in favor of dissolving the district, the board,

in its resolution declaring the result of the election, shall declare that the district will be dissolved

when the obligations of the district have been paid fully. The board and other officers of the

district shall continue to act and function until the property and assets of the district have been

disposed of in conformity with the provisions of this chapter and until all obligations of the district

have been settled and paid.
N.D. Cent. Code § 61-04.1-12 — ND Code / Title 61 / Chapter 61-04.1 / Section 61-04.1-12
61-04.1-12. Exemptions
Status: in_force

61-04.1-12. Exemptions

The department of water resources may provide by rule for exemption of the following

activities from the license and permit requirements of section 61-04.1-11:

1. Research and development conducted by the state, political subdivisions of the state,

colleges and universities of the state, agencies of the federal government, or bona fide

research corporations.

2. Weather modification operations of an emergency nature taken against fire, frost, or

fog.

Exempted activities must be conducted so as not to unduly interfere with weather modification

operations conducted under a permit issued in accordance with this chapter.
N.D. Cent. Code § 61-40-02 — ND Code / Title 61 / Chapter 61-40 / Section 61-40-02
61-40-02. Western area water supply authority
Status: in_force

61-40-02. Western area water supply authority

The western area water supply authority consists of participating political subdivisions

located within McKenzie, Williams, Burke, Divide, and Mountrail Counties which enter a water

supply contract with the authority. Other cities and water systems, within or outside the authority

counties' boundaries, including cities or water systems in Montana, may contract with the

authority for a bulk water supply. The authority is a political subdivision of the state, a

governmental agency, body politic and corporate, with the authority to exercise the powers

specified in this chapter, or which may be reasonably implied. Participating member entities may

be required to pay dues or water sale income to the authority, as determined by the bylaws and

future resolutions of the authority. Participating member entities may not withdraw from the

authority or fail or refuse to pay any water sale income to the authority until the state-guaranteed

loans have been repaid. The provisions of subsections 1 through 5 of section 61-35-02.1 apply

if the authority's board of directors unanimously votes to convert to a water district.
N.D. Cent. Code § 61-38-03 — ND Code / Title 61 / Chapter 61-38 / Section 61-38-03
61-38-03. Permits - Certification from department of health and human services required (Contingent effective date - See note)
Status: in_force

61-38-03. Permits - Certification from department of health and human services

required. (Contingent effective date - See note)

The department of water resources may not issue a permit under this chapter without a

certification from the department of health and human services that the permitted activity will not

adversely affect water quality.
N.D. Cent. Code § 61-06-09 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-09
61-06-09. Regular election of irrigation districts - Mail ballot elections
Status: in_force

61-06-09. Regular election of irrigation districts - Mail ballot elections

The regular election of irrigation districts must be held on the second Tuesday in February

in each even-numbered year. The board of directors of an irrigation district may hold a regular or

special election by mail ballot. If the board determines to hold an election by mail ballot, the

board shall notify the electors of the district that the election will be held by mail ballot and that

no polling places will be open for the election.
N.D. Cent. Code § 61-07-06 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-06
61-07-06. Contracts entered into by district - Contracts for materials - Reservations in contracts
Status: reserved

61-07-06. Contracts entered into by district - Contracts for materials - Reservations in

contracts.

All contracts entered into for any work provided for in this chapter shall be entered into in

the name of the district and shall be executed on the part of the district by the chairman of the

board of directors and countersigned or attested by the secretary. When the contract is signed

by the contractor, it shall be filed in the office of the secretary of the district. Contracts for

materials or for construction of any nature shall require the work to be done or the materials to

be furnished in accordance with, and pursuant to, plans and specifications on file with the

secretary. There shall be reserved in each such contract for construction the right of the board of

directors, in case of the improper construction of such work, to suspend work thereon at any

time, and to relet the contract therefor, or to order a reconstruction of said work or any part

thereof improperly done. Each such contract shall state the time on or before which such work

must be completed and shall state how such contract will be paid.
N.D. Cent. Code § 61-35-78 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-78
61-35-78. District treasurer to insert amount of improvements in county real estate book or other forms - Regulations governing
Status: in_force

61-35-78. 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 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 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 § 61-09-13 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-13
61-09-13. Board may borrow additional funds if levy of annual assessment is insufficient for district - Limitations
Status: in_force

61-09-13. Board may borrow additional funds if levy of annual assessment is

insufficient for district - Limitations.

If after the levy of the annual assessment for the current year, the board finds that because

of some unusual or unforeseen cause funds raised through the collection of the assessment,

and from other sources, will not be sufficient for the proper maintenance and operation of the

district, and the irrigation works of the district, the board may borrow additional funds needed to

an amount not to exceed twenty dollars per acre [.40 hectare] for the irrigable lands within the

district and may pledge the credit of the district for the payment of the loan, or the board may

issue bonds in anticipation of further collections. The board shall include in the levy for the

ensuing year the amount required to pay the loan or to retire the bonds.
N.D. Cent. Code § 61-16-03 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-03
61-16-03. Bond to accompany petition for district - When - Exception
Status: repealed

61-16-03. Bond to accompany petition for district - When - Exception

Repealed by S.L. 1973, ch. 500, § 13.
N.D. Cent. Code § 61-16-27 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-27
61-16-27. Correction of errors, and mistakes in special assessments - Regulations governing
Status: repealed

61-16-27. Correction of errors, and mistakes in special assessments - Regulations

governing.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-02-11 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-11
61-02-11. Commission may adopt rules and regulations - Record kept by commission - Inspection
Status: in_force

61-02-11. Commission may adopt rules and regulations - Record kept by

commission - Inspection.

The commission may adopt and enact all rules, regulations, resolutions, and bylaws

deemed suitable and necessary in the conduct of its business and the performance of its duties.

It shall keep accurate minutes and records of all its acts which at all reasonable times shall be

open for public inspection and which it may cause to be published as it may deem desirable.
N.D. Cent. Code § 61-24.3-09 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-09
61-24.3-09. Pipeline construction standards
Status: in_force

61-24.3-09. Pipeline construction standards

The commission, as in its judgment the interests of the state and the water user entities of

the southwest pipeline project are best served, shall determine the pipeline construction

standards to be utilized for the southwest pipeline project. In making its determination, the

commission shall consider cost, maintenance, life of pipelines, and other factors it deems

appropriate.
N.D. Cent. Code § 61-35-84 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-84
61-35-84. Bonds - When payable - Amounts - Interest
Status: in_force

61-35-84. Bonds - When payable - Amounts - Interest

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

special assessments, a 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
N.D. Cent. Code § 61-14-09 — ND Code / Title 61 / Chapter 61-14 / Section 61-14-09
61-14-09. Bridges over ditches or canals - Penalty
Status: in_force

61-14-09. Bridges over ditches or canals - Penalty

The owner of any ditch, canal, or other structure for storing or carrying water shall construct

and maintain a bridge where the same crosses any highway or publicly traveled road, in

accordance with the requirements of the state agency or political subdivision which has control

over the road, or shall reconstruct the road in a substantial manner and in a convenient location

for public travel. The board of county commissioners shall be authorized to construct any bridge

or road, if not built by the owner of the works within three days after the obstruction of the road,

and may recover the expenses thereof and costs in a civil suit, unless the same shall be paid by

the owner of the works within ten days after demand therefor. The board of county

commissioners may make reasonable requirements as to the size and character of any such

bridge along a public highway, or for the necessary reconstruction of such a road, and upon

failure to comply therewith, may do the necessary work and collect the expense thereof and

costs as hereinbefore provided. After the construction of such bridge or road as part of a public

highway, the same shall be maintained by the board of county commissioners.
N.D. Cent. Code § 61-04-26 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-26
61-04-26. Recorder to record water permit or order affecting water right
Status: in_force

61-04-26. Recorder to record water permit or order affecting water right

A water permit may be recorded as any other instrument affecting the title to real property

without acknowledgment or further proof. The order canceling a water right or portion of a water

right must be filed by the department of water resources with the county recorder where the

affected land is located and recorded as any other instrument affecting the title to real property

without acknowledgment or further proof. Any document filed under this section must be listed in

the index of the property affected as provided in section 11-18-07.
N.D. Cent. Code § 61-02-03 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-03
61-02-03. Apportioning or allocating water rights by commission
Status: in_force

61-02-03. Apportioning or allocating water rights by commission

In case any water rights shall be acquired or exercised by the commission in connection

with two or more works and projects, the commission, by resolution, shall apportion or allocate

to each of such works or projects such part of such water rights as it may determine, and upon

adoption of such a resolution, such water rights shall be deemed to be a part of each of such

works and projects to the extent that such water rights have been so apportioned or allocated

thereto respectively.
N.D. Cent. Code § 61-40-09 — ND Code / Title 61 / Chapter 61-40 / Section 61-40-09
61-40-09. Default
Status: in_force

61-40-09. Default

If the western area water supply authority defaults on its payment of the principal or interest

on the infrastructure revolving loan provided for in section 61-40-14, the Bank of North Dakota

shall notify the legislative council, and the state water commission shall provide a payment,

subject to budget section approval, to the Bank of North Dakota in an amount of the default as

certified to the budget section by the Bank of North Dakota.
N.D. Cent. Code § 61-24-14 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-14
61-24-14. When contract is approved
Status: in_force

61-24-14. When contract is approved

After any such contract shall have been duly executed, as herein provided, the board of

directors shall, in accordance with the provisions of such contract, adopt a resolution that a tax

be assessed and levied upon all the taxable property in the district. Such tax shall be within the

limitation herein provided and shall be levied annually on each dollar of the taxable valuation in

the district until the contract obligations have been paid, or a sufficient fund has been

accumulated to pay the same. The resolution shall state the purpose of such levy and the

amount thereof. A certified copy thereof shall be mailed to the county auditor of each county in

the district. Upon the receipt of such resolution or as soon thereafter as county levies are made,

such county auditor shall spread the levy specified in such resolution for the current year and

annually thereafter as required by such resolution.
N.D. Cent. Code § 61-01-01 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-01
61-01-01. Waters of the state - Public waters
Status: in_force

61-01-01. Waters of the state - Public waters

All waters within the limits of the state from the following sources of water supply belong to

the public and are subject to appropriation for beneficial use and the right to the use of these

waters for such use must be acquired pursuant to chapter 61-04:

1. Waters on the surface of the earth, excluding diffused surface waters but including

surface waters whether flowing in well-defined channels or flowing through lakes,

ponds, or marshes which constitute integral parts of a stream system, or waters in

lakes;

2. Waters under the surface of the earth whether such waters flow in defined

subterranean channels or are diffused percolating underground water;

3. All residual waters resulting from beneficial use, and all waters artificially drained; and

4. All waters, excluding privately owned waters, in areas determined by the department

of water resources to be noncontributing drainage areas. A noncontributing drainage

area is any area that does not contribute natural flowing surface water to a natural

stream or watercourse at an average frequency more often than once in three years

over the latest thirty-year period.
N.D. Cent. Code § 61-12-38 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-38
61-12-38. Interest rate of bonds
Status: in_force

61-12-38. Interest rate of bonds

Flood irrigation bonds issued as provided in this chapter shall bear interest at a rate or rates

resulting in an average net interest cost not exceeding twelve percent on those issues which are

sold at private sale. There is no interest rate ceiling on those issues sold at public sale or to the

state of North Dakota or any of its agencies or instrumentalities. Interest and principal may be

payable under the amortization plan over a period of not to exceed twenty years, or the principal

may be divided into such amounts and made payable at such periods, not exceeding twenty

years, as the board of county commissioners may determine.
N.D. Cent. Code § 61-41-01 — ND Code / Title 61 / Chapter 61-41 / Section 61-41-01
61-41-01. Declaration of policy
Status: in_force

61-41-01. Declaration of policy

The legislative assembly declares that major water development and water management

goals must be set forth and implemented in order to protect the long-term interests, economic

vitality, and future benefits of the state and its citizens; that such water development and water

management goals are essential for the economic growth and quality of life across the entire

state; that rights to the use and enjoyment of waters of the Missouri River flowing through this

state cannot be restricted by the federal government; that it is necessary to develop and utilize

waters of the Missouri River for municipal, domestic, rural, and industrial purposes in this state;

that flood control works are necessary to protect the lives and property of the citizens of this

state; that major flood control works in and around major cities and other cities are necessary to

address the record and damaging floods that have occurred; that regional water supply and

rural water projects must be completed in order to provide a long-term, dependable quality and

adequate quantity water supply for municipal, domestic, rural, and industrial uses; that irrigation

provides a significant opportunity to further the agricultural opportunities in the state; and that an

infrastructure loan fund will enable these goals and policies to be achieved and implemented,

and will provide significant economic and financial benefits to the people of this state.
N.D. Cent. Code § 61-35-53 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-53
61-35-53. Size and form of improvement districts - Regulations governing
Status: in_force

61-35-53. Size and form of improvement districts - Regulations governing

Any improvement district created by a district may embrace two or more separate property

areas. Each improvement district must be of such size and form as to include all properties

which in the judgment of the board, after consultation with the engineer planning the

improvement, will be benefited by the construction of the improvement project which is

proposed to be made in or for the district, or by any portion of the project. A single district may

be created for an improvement of the type specified in section 61-35-48, notwithstanding any

lack of uniformity among the types, items, or quantities of work and materials to be used at

particular locations throughout the improvement district. The jurisdiction of a district to make,

finance, and assess the cost of any improvement project may not be impaired by any lack of

commonness, unity, or singleness of the location, purpose, or character of the improvement, or

by the fact that any one or more of the properties included in the improvement district is

subsequently determined not to be benefited by the improvement, or by a particular portion of

the improvement project, and is not assessed for that purpose. The board may omit from a

water or sewer district properties within the district limits which are benefited by the

improvement but do not abut upon a water or sewer main, without prejudice to the right and

power of the district subsequently to assess such properties to the extent and the manner

permitted by law. The board may by resolution enlarge an improvement district in which an

improvement is proposed or under construction upon receipt of a petition signed by the owners

of three-fourths of the area to be added to the district.
N.D. Cent. Code § 61-02-79 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-79
61-02-79. Bank of North Dakota - Line of credit
Status: in_force

61-02-79. Bank of North Dakota - Line of credit

The department of water resources may request a line of credit from the Bank of North

Dakota not to exceed two hundred sixty million dollars at the prevailing interest rate charged to

North Dakota government entities. The department of water resources shall repay the line of

credit from funds available in the resources trust fund or other funds, as appropriated by the

legislative assembly. If the moneys available at the end of each biennium are not sufficient to

repay the line of credit, the department of water resources shall request from the legislative

assembly a deficiency appropriation to repay the line of credit. The department of water

resources may access the line of credit, as necessary, to provide up to fifty million dollars for the

southwest pipeline project and two hundred ten million dollars for water projects.
N.D. Cent. Code § 61-24.8-10 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-10
61-24.8-10. Approval of plans, specifications, and estimates
Status: in_force

61-24.8-10. Approval of plans, specifications, and estimates

After receiving the engineer's report required by section 61-24.8-09, the board may direct

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

The plans and specifications must be certified by a registered professional engineer and must

be approved by a resolution of the board.
N.D. Cent. Code § 61-03-08 — ND Code / Title 61 / Chapter 61-03 / Section 61-03-08
61-03-08. Duty to cooperate with boards of county commissioners when requested
Status: in_force

61-03-08. Duty to cooperate with boards of county commissioners when requested

When asked by a board of county commissioners, the department shall cooperate with the

board in the engineering work required to lay out, establish, and construct any drain to be used

by any county or portions of a county to divert floodwaters, lakes, or watercourses, and shall

assist counties in making preliminary surveys and establishing systems of drainage.
N.D. Cent. Code § 61-35-41 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-41
61-35-41. Remedies of bondholders in general
Status: in_force

61-35-41. 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 suit, action, or proceeding at law or in equity, enforce the

holder's rights against the district and its board and any of its officers, agents, and

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.

2. By action or suit in equity, require the district and the board to account as if they were

the trustees of an express trust.

3. By action or suit in equity, 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 § 61-16.1-23.2 — ND Code / Title 61 / Chapter 61-16.1 / Section 61-16.1-23.2
61-16.1-23.2. Extension of time to contractors - Reletting unfinished part of contract
Status: in_force

61-16.1-23.2. Extension of time to contractors - Reletting unfinished part of contract

A water resource board may grant a reasonable extension of time for the completion of any

contract. If a board reasonably believes the work required under a contract will not be

completed by the agreed upon deadline, the board may relet any unfinished portion to the

lowest responsible bidder, and shall take security as before. The cost of completing the

unfinished portions over and above the contract price, and the expense of notices and reletting,

must be collected by the board from the parties first contracting. The board may not terminate a

contract without giving five days' notice to the contractor, provided the contractor may be found

or has a known place of residence in the county. The notice may be given to the contractor

personally or may be left at the contractor's place of residence.
N.D. Cent. Code § 61-12-29 — ND Code / Title 61 / Chapter 61-12 / Section 61-12-29
61-12-29. Additional assessments - When necessary
Status: in_force

61-12-29. Additional assessments - When necessary

In case the amount realized from the assessment made for the construction of any flood

irrigation project shall not be sufficient to pay therefor or to complete the same and pay all fees

and incidental expenses, or to pay and retire any bonds issued in connection with the

construction thereof, or if an enlargement of such project, or an extension thereof, becomes

necessary, a further assessment shall be made to meet the additional expense, and the amount

thereof shall be levied and collected in the manner provided in this chapter.
N.D. Cent. Code § 61-24.8-25 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-25
61-24.8-25. Defects and irregularities in improvement proceedings
Status: in_force

61-24.8-25. Defects and irregularities in improvement proceedings

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

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

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

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

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

on any such defects or irregularities in the proceedings unless commenced within thirty days of

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

improvement.
N.D. Cent. Code § 61-07-33 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-33
61-07-33. Appeal to district court - Time - Undertaking required - Docketing
Status: in_force

61-07-33. Appeal to district court - Time - Undertaking required - Docketing

An appeal may be taken to the district court from any order or decision of the board of an

irrigation district, by any person who is aggrieved thereby. The appeal must be taken in

accordance with the procedure provided in section 28-34-01. To effect an appeal, an

undertaking must be executed by the appellant and sufficient surety conditioned that the

appellant will prosecute such appeal without delay and will pay all costs adjudged against the

appellant in the district court. The undertaking must be made in favor of the irrigation district as

the obligee and may be enforced by the district. The appeal must be taken to the district court of

the county in which the land claimed to be affected adversely by the order or decision appealed

from is situated, and if the land is situated in more than one county, the appeal may be taken to

the district court of any county in which any part of the land is situated. Any appeal thus taken

must be docketed in the district court as any civil cause commenced in the district court is

docketed and must be heard and determined without a jury. Appeals to the supreme court may

be taken by the irrigation district or any other party to the cause from any judgment entered in

the district court in any such cause and from any order of said court if an appeal would lie from

such an order if the same were entered by the court in any other civil action.
N.D. Cent. Code § 61-24-28 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-28
61-24-28. Covenants and provisions that may be inserted in resolution authorizing bonds
Status: in_force

61-24-28. Covenants and provisions that may be inserted in resolution authorizing

bonds.

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

covenants and provisions concerning:

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

commodities of a project.

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

revenues.

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

funds.

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

use and disposition of the proceeds.

e. The events of default and the rights and liabilities arising upon default and the

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

may bring civil action on the bonds.

f. The creation, priority, and enforcement of liens against the district's income,

profits, or revenues.

g. The issuance of other or additional bonds or instruments payable from, or

constituting a charge against, the district's income, profits, or revenues.

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

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

its exposure to interest rate risk, or both.

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

j. 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.

k. The rights, liabilities, powers, and duties arising upon the breach by the district of

any covenants, conditions, or obligations.

l. 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 the trustee, and the

limitations of liabilities of the trustee.

m. 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.

n. 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 the

consent may be given.

o. 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 determined

feasible and desirable by the governing body, to other bonds or obligations of the

district issued to finance or refinance a project or that may be outstanding when

the bonds thus subordinated are issued and delivered.

p. Provisions with respect to the district entering an agreement with a private bond

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

guarantee, a letter or credit, or any other credit or liquidity enhancement that the

district may find to be advantageous or necessary to insure, guaranty, or enhance

the payment of the principal of or interest on or liquidity for some or all of the

bonds. The cost of the enhancement or liquidity may be paid from bond proceeds

or from other funds of the district available for this purpose.

q. The insurance to be carried upon the project and the use and disposition of

insurance moneys.

2. This section does not authorize the 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 § 61-15-08 — ND Code / Title 61 / Chapter 61-15 / Section 61-15-08
61-15-08. Drainage of meandered lake - Penalty
Status: repealed

61-15-08. Drainage of meandered lake - Penalty

Repealed by S.L. 2013, ch. 481, § 2.
N.D. Cent. Code § 61-07-25 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-25
61-07-25. Answer to petition - Defense by person interested
Status: in_force

61-07-25. Answer to petition - Defense by person interested

Any person interested in the district or in the issue or sale of the bonds may answer the

petition. The provisions of title 28 and the North Dakota Rules of Civil Procedure relating to the

answer to a complaint shall be applicable to an answer to a petition. The person answering the

petition shall be the defendant in the special proceeding and the board shall be the plaintiff.

Every material statement of the petition not specifically controverted by the answer, for the

purpose of such special proceeding, shall be taken as true. Each person failing to answer the

petition shall be deemed to admit as true all the material statements of the petition. The rules of

pleading and practice provided by title 28 and the North Dakota Rules of Civil Procedure which

are not inconsistent with the provisions of this chapter are applicable to the special proceeding

provided for in this chapter.
N.D. Cent. Code § 61-24.8-13 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-13
61-24.8-13. Hearing - Notice - Contents
Status: in_force

61-24.8-13. Hearing - Notice - Contents

1. Upon the filing of the engineer's report provided for in section 61-24.8-09, and after

satisfying the requirements of section 61-24.8-10, the board shall fix a date and place

for public hearing on the proposed project, except when the conditions under

subsection 2 are met. 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 may appoint a hearing officer or a committee of the

board to conduct the hearing. The board shall cause a complete list of the benefits and

assessments to be made, setting forth each lot, piece, or parcel of land assessed, the

amount each is benefited by the improvement, and the amount assessed against

each. At least fourteen 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. Notices of the hearing must contain 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 fourteen days after the

first publication 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 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.

2. A public hearing is not required if the board:

a. Provides written notice to each affected landowner setting forth the probable total

cost of the project, the landowner's share of the project cost, the portion of the

landowner's property, if any, to be condemned for the project, and when and

where votes concerning the proposed project may be filed. If the written notice is

given to each affected landowner, the assessment list for the proposed project

need not be filed with the county auditor of each county in which the project is

located; and

b. Publishes notice of the project 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 at least twenty-one days before

the deadline for filing votes on the project.
N.D. Cent. Code § 61-24-13 — ND Code / Title 61 / Chapter 61-24 / Section 61-24-13
61-24-13. District may enter into contract for the construction, operation, and maintenance of works
Status: in_force

61-24-13. District may enter into contract for the construction, operation, and

maintenance of works.

When the board of directors of the Garrison Diversion Conservancy District is notified by the

United States, or by any department or agency thereof, that it is necessary for the district to

enter into a contract as principal and guarantor or either, for the repayment of any part of the

cost incurred, or to be incurred in the construction, operation, and maintenance of works of the

Garrison diversion unit of the Missouri River basin project, the board shall give notice of hearing

on such proposed contract as herein provided. Hearings on such contract shall be conducted in

at least three places in the district by a contract hearing committee composed of at least three

director members of the board as designated by the board. Notice of the time and place of such

hearings shall be published at least ten days before such hearing in not less than three

newspapers of general circulation in the district. Anyone interested in, or affected by such

contract if entered into, may appear at any such hearing and show cause, if any, why such

proposed contract should or should not be approved. The contract hearing committee shall

submit its report, including support and objections to the contract, and its recommendations to

the board for final action. After considering the terms and conditions of such proposed contract

and the report and recommendations of the contract hearing committee, the board shall adopt a

resolution approving or disapproving such contract. If disapproved, the board may enter into

further negotiations with the United States concerning terms for a new or amended contract. At

least thirty days before any hearing is held on such contract for construction of facilities or

works, plans therefor shall be filed with the secretary of the district and shall be open to public

inspection.
N.D. Cent. Code § 61-06-06 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-06
61-06-06. District organized under provisions of chapter appointed fiscal agent of the United States
Status: in_force

61-06-06. District organized under provisions of chapter appointed fiscal agent of the

United States.

In case any district organized under the provisions of this chapter is appointed fiscal or

other agent of the United States or is authorized by the United States to make collections of

money for and on behalf of the United States in connection with any federal reclamation or

irrigation project, the treasurer and each director shall furnish an additional official bond in such

amount as the secretary of the interior may require, conditioned for the faithful discharge of the

duties of office and the faithful discharge by the district of its duties as fiscal or other agent of

the United States under any such appointment or authorization. Such additional bonds may be

sued upon by the United States or by any person damaged by failure of such officer or district

fully, promptly, and faithfully to perform the duties imposed by law.
N.D. Cent. Code § 61-35-68 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-68
61-35-68. Sewer or water improvements in districts may be paid for by service charges
Status: in_force

61-35-68. Sewer or water improvements in districts may be paid for by service

charges.

A district constructing a sewer or water improvement under the special assessment method

may resolve in the resolution or ordinance required by section 61-35-52, that a portion of the

cost of the improvement must be raised by service charges for the use of the improvement and

of the utility of which it forms a part. If the district so resolves, it may determine in its resolutions,

ordinances, and other proceedings relating to the levying of special assessments and the

issuing of bonds to pay the cost of such improvement, that a specified portion or all of such cost

must be assessed specially against any property specially benefited and may cause to be

assessed only the portion so determined. In that event the entire remainder of the cost,

including interest as well as principal of any bonds issued, over and above the amount of

special assessments actually collected and received from time to time in the fund of the

improvement district, must be paid from the net revenues derived from the service charges. All

of the applicable provisions of this chapter relating to special assessments are applicable to

such improvements except as to the portion of the cost of improvements resolved or ordained to

be paid by service charges. The board of the district shall provide for the establishment,

imposition, and collection of service charges for the services furnished by the improvement and

the utility of which it forms a part, and in that connection it has all the rights and powers

respecting such service charges as it would have with respect to like matters if the improvement

were made in accordance with chapter 40-35. The net revenues derived from the imposition and

collection of the service charges or any portion of the service charges as are determined by the

board in the resolutions and ordinances must be paid into the appropriate improvement district

funds created under section 61-35-83. The revenues when collected must be used and applied

in the same manner as moneys paid into such funds from the collection of special assessments.

The board of any district issuing bonds to finance any such improvement, in its resolutions and

ordinances, may establish an assessment reserve in the fund of the improvement district, to

which it may appropriate net revenues of the utility or system from time to time received in

excess of amounts required, with special assessments then on hand, to meet the principal and

interest next due on the bonds. Before November first of any year the district may by resolution

determine the proportion which the amount then on hand in the assessment reserve, and

irrevocably appropriated to the payment of the bond, bears to the aggregate amount of the

installment of the special assessments levied for the improvement which is payable in the

following year, including interest. The district may direct the auditor to reduce, by not more than

a proportionate amount, the total of that installment and interest which would otherwise be

placed upon the tax list of the district for the current year, against each lot and tract of land

assessed or taxed for improvement. If the installment of the special assessment on any property

has been prepaid, the board may direct the district to refund, out of the assessment reserve, to

the owner of the property at the time of the refund as indicated in the records of the recorder of

the county, a sum not exceeding a similar proportion of the principal amount of such installment,

excluding interest.
N.D. Cent. Code § 61-02-23.3 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-23.3
61-02-23.3. Construction and operation of the Devils Lake outlet - Authorization - Agreement
Status: in_force

61-02-23.3. Construction and operation of the Devils Lake outlet - Authorization -

Agreement.

The state water commission may do all things reasonably necessary to construct an outlet

from Devils Lake, including executing an agreement with the federal government in which the

state water commission agrees to hold the United States harmless and free from damages,

except for damages due to the fault or negligence of the United States or its contractors. The

director of the department of water resources may employ full-time personnel and other

personnel as necessary for the operation and maintenance of the Devils Lake outlet within the

limits of legislative appropriations for that purpose. Notwithstanding section 61-02-64.1, funds

disbursed from the contract fund and appropriated for the purposes of this section may be used

for salaries, equipment, operations, and maintenance costs relating to the Devils Lake outlet.
N.D. Cent. Code § 61-07-08 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-08
61-07-08. Surveys, examinations, and plans made to determine cost of construction in district - Department of water resources to prepare report
Status: in_force

61-07-08. Surveys, examinations, and plans made to determine cost of construction

in district - Department of water resources to prepare report.

To ascertain the cost of any irrigation construction work in a district, the board shall cause

such surveys, examinations, and plans to be made as may demonstrate the practicability of the

plan and furnish the proper basis for an estimate of the cost of carrying out the plan. All surveys,

examinations, maps, plans, and estimates must be made under the direction of a registered

professional engineer, who may be an employee of the department of water resources, and

must be certified by the registered professional engineer. The board shall submit a copy to the

the department of water resources, which shall prepare a summary report and file the report

with the board. The report must contain the matter required by the department. Upon receiving

the report, the board of directors shall determine the amount of money required to be raised.
N.D. Cent. Code § 61-15-06 — ND Code / Title 61 / Chapter 61-15 / Section 61-15-06
61-15-06. Board of university and school lands empowered to grant easements for water and wildlife conservation
Status: in_force

61-15-06. Board of university and school lands empowered to grant easements for

water and wildlife conservation.

The board of university and school lands may grant to the United States of America, its

instrumentalities or agencies, such easement rights as may be required for the construction,

maintenance, and operation of any dam, dike, ditch, fill, spillway, or other structure erected or to

be erected for water or wildlife conservation purposes on the public lands of this state.
N.D. Cent. Code § 61-35-101 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-101
61-35-101. Execution and filing of contract
Status: in_force

61-35-101. Execution and filing of contract

All contracts entered into for any work provided for in this chapter must be entered into in

the name of the district and must be executed on the part of the district by the president and

countersigned by the secretary. After the contract is signed by the contractor, it must be filed in

the office of the district.
N.D. Cent. Code § 61-35-70 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-70
61-35-70. District office to keep complete record of improvements - Record as evidence
Status: in_force

61-35-70. District office to keep complete record of improvements - Record as

evidence.

The district office shall keep a complete record of all the proceedings taken in the matter of

making any improvements under this chapter. The record must include all reports and

confirmations, all petitions, orders, notices and proofs of publication, and resolutions of the

board. The record, a certified transcript of the record, or the original papers, proofs of

publications, orders, or resolutions on file in the office must be admitted in evidence in any court

or place in this state without further proof as evidence of the facts in those documents.
N.D. Cent. Code § 61-38-04 — ND Code / Title 61 / Chapter 61-38 / Section 61-38-04
61-38-04. Specification of disposal sites (Contingent effective date - See note)
Status: in_force

61-38-04. Specification of disposal sites. (Contingent effective date - See note)

The department of water resources shall specify a disposal site for each permit issued.

Each disposal site must be specified for each permit through application of rules adopted by the

department. The rules must be consistent with federal law. The department may prohibit the

specification of any defined area as a disposal site, withdraw any defined area from

specification as a disposal site, or deny or restrict the use of any defined area for specification

as a disposal site when the department determines, after notice and opportunity for public

hearing, the discharge of dredged or fill materials will have an unacceptable adverse effect on

municipal water supplies, shellfish beds and fishery areas, wildlife, or recreational areas.
N.D. Cent. Code § 61-09-19 — ND Code / Title 61 / Chapter 61-09 / Section 61-09-19
61-09-19. Special election - Notice - Ballots
Status: in_force

61-09-19. Special election - Notice - Ballots

The election provided for in section 61-09-18 shall be called upon the notice prescribed, and

shall be held and the result thereof determined and declared in all respects in conformity with

the provisions relating to bond elections. The notice must specify the amount of money

proposed to be raised, and the purpose for which it is intended to be raised, at such election.

The ballot at such election shall be in substantially the following form:

Shall a special assessment in the amount of $__________ (stating the amount) be levied?

Yes ☐

No ☐

If a majority of the votes cast are in favor of such assessment the board, at the time of the

annual levy, shall levy an assessment sufficient to raise the amount voted.
N.D. Cent. Code § 61-11-05 — ND Code / Title 61 / Chapter 61-11 / Section 61-11-05
61-11-05. Procedure when election favors dissolution - Notice to file claims against district - What claims barred
Status: in_force

61-11-05. Procedure when election favors dissolution - Notice to file claims against

district - What claims barred.

If a majority of the votes cast at the election are in favor of dissolving the district, the board

shall cause to be published in the newspaper or newspapers of general circulation where the

district is located, and in the official newspaper of each county in which the district is located, a

notice to the creditors of the district, except holders of district bonds or district improvement

warrants, requiring any person having a claim against the district to submit and file such claim

with the secretary of the board within one year after the first publication of the notice, at the

place specified in such notice. The notice shall be published as many times as the board shall

direct, but not less than once each week for three consecutive weeks. The secretary of the

district shall mail, or cause to be mailed, by registered or certified mail, a copy of such notice to

each creditor, except any holder of district bonds or district improvement warrants, known to the

secretary or of record in the secretary's office. After such notice is given, a copy thereof with the

affidavit of publication and affidavit of mailing shall be filed in the office of the secretary of the

district. Any claim not thus presented, except any claim of a holder of district bonds or warrants,

shall be barred forever against such district and against all officers thereof or property therein.

None of the provisions of this chapter shall be construed to limit or impair the rights of owners or

holders of district bonds or district improvement warrants.
N.D. Cent. Code § 61-24.8-12 — ND Code / Title 61 / Chapter 61-24.8 / Section 61-24.8-12
61-24.8-12. Plans, specifications, and estimates filed in office of district
Status: in_force

61-24.8-12. Plans, specifications, and estimates filed in office of district

The plans, specifications, and estimates prepared as directed under section 61-24.8-10 are

the property of the district, must be filed in the district office, and must remain on file subject to

inspection by any interested person.
N.D. Cent. Code § 61-24.3-03 — ND Code / Title 61 / Chapter 61-24.3 / Section 61-24.3-03
61-24.3-03. Authorization of southwest pipeline project
Status: in_force

61-24.3-03. Authorization of southwest pipeline project

The preliminary designs for a water supply facility for supplementation of the water

resources of a portion of the area of North Dakota south and west of the Missouri River for

multiple uses, as set forth in the engineering preliminary design final report for the southwest

pipeline project, state water commission project no. 1736, dated September 1982, are hereby

confirmed and approved, under the designation of the southwest pipeline project, and the

construction of the southwest pipeline project shall be initiated and completed by the state water

commission substantially in accordance with plan B of the engineering preliminary design final

report, state water commission project no. 1736, dated September 1982, except as otherwise

specifically provided in this chapter. The commission shall have the authority to eliminate the

construction of any primary or secondary transmission mains which are part of plan B of the

engineering preliminary design final report if the water user entities to be served by the primary

or secondary transmission mains do not execute water service contracts for the purchase of a

sufficient quantity of water, as determined by the commission, to justify the construction of the

primary or secondary transmission mains. Chapters 49-22 and 49-22.1 shall not apply to this

chapter. The right of way is hereby given, dedicated, and set apart, to locate, construct, and

maintain such works over and through any of the lands which are or may be the property of the

state.
N.D. Cent. Code § 61-02-23.1 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-23.1
61-02-23.1. Condemnation by the water commission
Status: in_force

61-02-23.1. Condemnation by the water commission

Whenever a right of way is to be taken by condemnation proceedings for any purpose

authorized by chapters 61-24.3 or 61-24.6, the commission may take possession of the right of

way after making a written offer to purchase and depositing the amount of the offer with the

clerk of the district court of the county wherein the right of way is located. The clerk shall

immediately notify the property owner in writing of the deposit. Within thirty days after receiving

notice, the property owner may appeal to the district court by serving notice of appeal upon the

water commission and the matter must be tried at the next term of court with a jury, unless a jury

is waived, in the manner prescribed for trials under chapter 32-15.
N.D. Cent. Code § 61-02-19 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-19
61-02-19. Works of commission may include preparation of land for irrigation when project undertaken by commission
Status: in_force

61-02-19. Works of commission may include preparation of land for irrigation when

project undertaken by commission.

In any irrigation project undertaken by the commission serving a single individual, or a

group of individuals owning irrigable lands, the works of the commission may include

preparation of the land for irrigation.
N.D. Cent. Code § 61-06-18 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-18
61-06-18. Return and canvass of votes by board of directors
Status: in_force

61-06-18. Return and canvass of votes by board of directors

The board of directors of the district shall meet at its usual place of meeting within thirty

days after each election and canvass the returns. If all the returns have not been received, the

canvass shall be postponed from day to day until all the returns have been received. The

canvass shall be made in public and by opening the returns and ascertaining the vote for each

person voted for, and declaring the result thereof, and also ascertaining the vote for and against

each and every question or proposition voted upon, and declaring the result thereof.
N.D. Cent. Code § 61-07-15 — ND Code / Title 61 / Chapter 61-07 / Section 61-07-15
61-07-15. District may obtain financial aid from United States
Status: in_force

61-07-15. District may obtain financial aid from United States

Any irrigation district organized under the laws of this state for irrigation purposes may enter

into a contract with the United States whereby the bonds of the district are guaranteed by the

United States, or financial credit is extended by the United States to the district for the sale,

purchase, or use of any irrigation works and related drainage systems, and any other property

owned or to be acquired for the use of such district.
N.D. Cent. Code § 61-02-17 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-17
61-02-17. Records, accounts, and statements of works and projects undertaken - Filed with office of management and budget
Status: in_force

61-02-17. Records, accounts, and statements of works and projects undertaken -

Filed with office of management and budget.

The commission shall keep full and complete accounts and records of all matters and things

relating to works and projects undertaken, established, and maintained by the commission and

shall prepare annual balance sheets, income, and profit and loss statements, showing the

financial condition of each project, and shall file copies thereof with the office of management

and budget for public inspection at all reasonable times by any interested parties or citizens of

the state.
N.D. Cent. Code § 61-04-03 — ND Code / Title 61 / Chapter 61-04 / Section 61-04-03
61-04-03. Water permit application - Contents - Information to accompany
Status: in_force

61-04-03. Water permit application - Contents - Information to accompany

A permit application to make beneficial use of any waters of the state must be in the form

required by the rules established by the department of water resources. The rules must

prescribe the form and contents of, and the procedure for filing, the application. The application,

along with all other information filed with it, must be retained with the commission after approval

or disapproval of the application. The department of water resources may require additional

information not provided for in the general rules if the department deems the information

necessary.
N.D. Cent. Code § 61-01-19 — ND Code / Title 61 / Chapter 61-01 / Section 61-01-19
61-01-19. Right of way granted
Status: in_force

61-01-19. Right of way granted

A right of way is granted to any duly incorporated water users' association by and with the

consent of the board of university and school lands, to construct over and across any state,

school, and institution lands, flumes, ditches, and canals for irrigation purposes and to construct

on such lands reservoirs for the storage of water for irrigation purposes.
N.D. Cent. Code § 61-06-17 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-17
61-06-17. Compensation of members of election board
Status: in_force

61-06-17. Compensation of members of election board

Each member of the election board for an irrigation district election shall receive

compensation as fixed by the board of directors for the member's services.
N.D. Cent. Code § 61-35-42 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-42
61-35-42. Receiver of project - When appointed
Status: in_force

61-35-42. Receiver of project - When appointed

If the district defaults in the payment of the principal or interest on any of the bonds when

due, whether at maturity or upon call for redemption, and the default continues for a period of

thirty days, or if the district or the board, or officers, agents, or employees of the district fail or

refuse to comply with the provisions of this chapter, or default in any agreement made under this

chapter, or default in any agreement made with the holders of the bonds, any bondholder, or the

trustee for any bondholder, may apply to the district court of the county in which all or any part of

the project is located for the appointment of a receiver of the project whether or not all of the

bonds have been declared due and payable and whether or not the holder or trustee is seeking

or has sought to enforce any other right or to exercise any other remedy in connection with the

bonds. Upon such application, the court may appoint a receiver of the project. If the application

is made by the holders of twenty-five percent in principal amount of the outstanding bonds, or by

any trustee for holders of the bonds in that principal amount, the court shall appoint a receiver of

the project.
N.D. Cent. Code § 61-06-13 — ND Code / Title 61 / Chapter 61-06 / Section 61-06-13
61-06-13. Ballot at irrigation district elections - Contents - Mail ballots
Status: in_force

61-06-13. Ballot at irrigation district elections - Contents - Mail ballots

1. At least fifteen days before an election in an irrigation district, the secretary shall

prepare and have printed an official ballot containing the names of all candidates

which have been filed with the secretary. The ballot must:

a. Be headed "Official Ballot";

b. Contain all names thus filed;

c. Show the name of the district;

d. State the number of individuals to be voted for;

e. Have blank spaces below for writing in other names; and

f. State any question or resolution submitted to the electors by the board of

directors.

2. The provisions of this chapter do not prevent an individual desiring to be a candidate

at the election and who has failed to file as provided in this chapter, from furnishing

stickers to be attached to the ballot by the electors. The stickers may not be over

one-half inch [1.27 centimeters] in width and must have printed thereon one name

only.

3. If the election is not held by mail ballot any elector who will be absent from the

irrigation district on the day of the election may vote an absent voter's ballot at that

election. The secretary shall provide the official ballot to any elector who applies for an

absent voter's ballot, and the absent voter shall submit the absent voter's ballot to the

secretary of the district, along with an affidavit that the ballot submitted represents the

elector's vote at the election, on or before the day of the election. An absent voter's

ballot must be the official ballot, and the ballot and affidavit must be actually delivered

to the secretary or the election board before the polls close on election day. The

secretary shall submit any absent voters' ballots to the election board on the day of the

district election.

4. If the board of directors of the irrigation district determines to hold the election by mail

ballot, the secretary of the board of directors shall mail an official mail ballot with a

return identification envelope and instructions sufficient to describe the voting process

to each elector on the fifteenth day before the election. The voting instructions must

contain a statement informing the elector that the elector is entitled to complete the

mail ballot in secrecy. The secretary shall mail the ballot by first-class mail, addressed

to the address of the elector and placed in an envelope that is prominently marked "Do

Not Forward". The return identification envelope must include an affidavit for the

elector to certify that the ballot submitted represents the elector's vote. An elector

entitled to cast more than one vote must be provided separate ballots for each vote to

which the elector is entitled, and a return envelope with instructions sufficient to keep

the ballots secret. An elector may obtain a replacement ballot if a mail ballot is

destroyed, spoiled, lost, or not received by the elector by signing a sworn statement

that the ballot was destroyed, spoiled, lost, or not received and delivering the

statement to the secretary of the district no later than four p.m. on the day before the

election. An elector voting by mail ballot shall either deliver the mail ballot to the

secretary of the district before five p.m. on the day of the election or mail the ballot,

which must be postmarked no later than the day before the election.
N.D. Cent. Code § 61-15-09 — ND Code / Title 61 / Chapter 61-15 / Section 61-15-09
61-15-09. Conservation of lakes and streams of Turtle Mountain region
Status: in_force

61-15-09. Conservation of lakes and streams of Turtle Mountain region

The department of water resources shall take any necessary action to conserve the water

levels and rehabilitate the streams and brooks in the Turtle Mountain region of North Dakota

lying in Bottineau and Rolette Counties.
N.D. Cent. Code § 61-02-73 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-73
61-02-73. Construction of chapter
Status: in_force

61-02-73. Construction of chapter

Nothing contained in this chapter shall be deemed to interfere with any vested rights to the

use of water. This chapter being necessary for the welfare of the state and its citizens, it shall be

construed liberally to effect the purposes thereof.
N.D. Cent. Code § 61-02-67 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-67
61-02-67. Revenue bond payment fund - Contents
Status: repealed

61-02-67. Revenue bond payment fund - Contents

Repealed by S.L. 1995, ch. 588, § 18.
N.D. Cent. Code § 61-35-22 — ND Code / Title 61 / Chapter 61-35 / Section 61-35-22
61-35-22. Hearing
Status: in_force

61-35-22. Hearing

1. Upon the filing with the department of water resources of a petition under section

61-35-20 or 61-35-21, the department shall fix a time for consideration of the petition.

The department may hold a hearing on the petition. After consideration of the petition,

and after the hearing if one is held, the department shall ascertain whether:

a. The petition meets all of the requirements prescribed by section 61-35-20 or

61-35-21.

b. It appears from all information available to the department that each allegation

included in the petition is factual.

2. If the department's finding on each of the foregoing points is positive, the department

shall declare the real property described in the petition detached from the district or

declare the district dissolved. The department shall notify the secretary of the district of

the department's action, and the secretary shall amend the records of the district to

show the real property described in the petition has been detached from the district.

Within thirty days, the secretary shall deliver to the department all records, maps,

plans, and files of the dissolved district.
N.D. Cent. Code § 61-16-15 — ND Code / Title 61 / Chapter 61-16 / Section 61-16-15
61-16-15. Construction and repair of dam - Proposals for - Presented to whom - Hearing proposals
Status: repealed

61-16-15. Construction and repair of dam - Proposals for - Presented to whom -

Hearing proposals.

Repealed by S.L. 1981, ch. 632, § 11.
N.D. Cent. Code § 61-02-01.3 — ND Code / Title 61 / Chapter 61-02 / Section 61-02-01.3
61-02-01.3. Comprehensive water development plan
Status: in_force

61-02-01.3. Comprehensive water development plan

1. Biennially, the commission shall develop and maintain a comprehensive water

development plan organized on a river basin perspective, including an inventory of

future water projects for budgeting and planning purposes.

2. As part of the commission's planning process, to facilitate local project sponsor

participation and project prioritization and to assist in education regarding life cycle

analyses for municipal water supply projects, and economic analyses for flood control

and water conveyance projects expected to cost more than one million dollars, the

commission shall develop a policy that outlines procedures for commissioner-hosted

meetings within the upper Missouri River, lower Missouri River, James River, upper

Red River, lower Red River, Mouse River, Devils Lake, Little Missouri River, upper

Heart River, and upper Cannonball River drainage basins.

3. The commission may not require an economic analysis for an assessment drain

project if the project is expected to cost one million dollars or less.
N.D. Cent. Code § 61-10-02 — ND Code / Title 61 / Chapter 61-10 / Section 61-10-02
61-10-02. Petition for inclusion of land in district - Contents of petition
Status: in_force

61-10-02. Petition for inclusion of land in district - Contents of petition

The holder or holders of title, or evidence of title, and the secretary of the interior of the

United States for unentered or public land, representing one-half or more of any body of lands

which can be served by the irrigation system, and which, taken together, constitute one tract of

land, may file with the board of directors of such district a petition in writing praying that the

boundaries of such district may be so changed as to include their lands. The petition shall

describe the boundaries of the parcel or tract of land, and also shall describe the boundaries of

the several parcels owned by the petitioners, if they are the owners of district parcels. Such

description need not be more particular than may be required when such lands are entered by

the township assessor in the assessment book. Such petition must contain the assent of the

petitioners to the inclusion in said district of the parcels or tracts of land described in the petition,

and of which the petition alleges that they respectively are the owners, and it must be

acknowledged in the manner in which a conveyance of lands is required to be acknowledged.