Petition accompanied by map - Contents - Scale

N.D.C.C. § 61-05-08 — under Organization of Irrigation Districts.

N.D.C.C. § 61-05-08

The petition provided for in section 61-05-07 must be accompanied by a map or maps of the proposed district. The map must show the location of the proposed conveyance systems and other works intended to be used to irrigate the lands of the proposed district. If the water supply is from a natural stream, the flow of the stream must be stated in cubic feet [meters] per second. If the water supply for the district is to be gathered by a storage reservoir, the map must show the location of the storage reservoir and state the reservoir's capacity in acre-feet. If the water supply is from a ground water source, the map must show the general location of wells and proposed pumping rates. Unless otherwise permitted by the department of water resources, the map must be drawn to a scale of not less than two inches [5.08 centimeters] to the mile [1.61 kilometers]. Preliminary designs of all proposed conveyance systems and other works must be prepared in sufficient detail to show the contemplated method of construction, along with a feasibility report on the proposed plan of irrigation. The feasibility report must include an analysis of the soil and water compatibility of the irrigable lands of the proposed district. A registered professional engineer shall prepare the map, preliminary designs, and feasibility report required by this section.

61-05-09. Petition accompanied by bond - Approval of bond - Certified copy of petition filed. Unless otherwise permitted by the department of water resources, the petition must be accompanied by a good and sufficient bond to be approved by the department of water resources. The bond must be in double the amount of the probable cost of organizing the district including the cost of the first election for the organization of the district. The bond also must be conditioned that the sureties will pay all costs in case the organization is not approved by the electors. Within ten days after the filing of the petition, and the approval of the bond, the department of water resources shall file a copy of the petition with the county auditor of each county in which the proposed irrigation district is situated.

61-05-10. Hearing on petition - Notice - Determination on feasibility - Copy of determination filed - Submitted to electors. The department of water resources shall examine the petition, maps, papers, probable cost, and data pertaining to the proposed irrigation district and shall fix a time and place for hearing the petition. A notice stating the petition will be heard, and stating the time and place of hearing, must be filed with the county auditor of each county in which the proposed district is located. The notice must be published once each week for two consecutive weeks in the newspapers of general circulation where the district is located and in the official newspaper of each county in which the district is located. The date set for the hearing on the petition may not be less than twenty days after the first publication of the notice. Before the hearing the department shall review the maps, preliminary designs, probable cost, and feasibility study and shall prepare, or shall cause to be prepared a determination outlining the practicability and feasibility of the plan of irrigation suggested or proposed by petitioners for the irrigation of the lands within the district. A copy of the determination must be filed with the county auditor of each county in which the proposed irrigation district is situated, and the determination must be open to public inspection. The department of water resources also shall submit the determination to the electors of the proposed district at the meeting set for hearing the petition for the organization of the proposed district.

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.