Duties of state agencies acting through interstate compacts or agreements

N.D.C.C. § 61-02-25 — under Water Commission.

N.D.C.C. § 61-02-25

Every state officer, department, board, and commission authorized by any law of this state to act upon or to be concerned with any interstate commission involving any interstate compact, or to act upon any foreign commission involving any foreign compact, or with any federal agency or department of the United States, the subject matter of which in any way concerns or involves water conservation, flood control, irrigation, water pollution or contamination, or the exercise of the powers and duties granted to the commission by this chapter, first shall submit to the commission the plans, purposes, and contemplated action and shall receive the approval of the commission therefor before making any agreement, contract, purchase, sale, or lease, for any of said purposes. The commission may give its aid and assistance to any state agency so acting with respect to any interstate compact.

61-02-26. Duties of state agencies concerned with intrastate use or disposition of waters. Every state officer, department, board, and commission authorized by any law of this state to take any action, perform any duties, or make any contract concerning the use or disposition of waters, or water rights, within the state first shall submit to the department of water resources any plans, purposes, and contemplated action with respect to the use or disposition of the waters, and except as provided in this chapter, must receive the consent and approval of the department of water resources before making any agreement, contract, purchase, sale, or lease to carry into execution any works or projects authorized under the provisions of this chapter.

61-02-27. Proposals with respect to use or disposition of waters to be presented to department of water resources. All persons, when concerned with any agreement, contract, sale, or purchase, or the construction of any works or project which involves the use and disposition of any water or water rights, shall present to the department of water resources all proposals with respect to the use or disposition of any waters before making any agreement, contract, purchase, sale, or lease regarding the waters.

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.