The notice of election provided for in section 61-05-14 must be substantially in the following form: NOTICE OF ELECTION
Notice is given that on __________, ____, an election will be held for the purpose of submitting to the electors within the territory established and described by the order of the department of water resources as __________ irrigation district, the question whether the order of the department of water resources establishing the irrigation district is approved. Notice is given that the lands of the district are described fully in the order of the department of water resources establishing the district and filed in the department's office in Bismarck, North Dakota, and in the office of the county auditor of __________ County, North Dakota. The ballot must be in the following form: FOR IRRIGATION DISTRICT Yes ☐ No ☐ Notice is further given that a board consisting of __________ directors will be elected, one from each district division, to serve as provided by law after the establishment of the district is approved. Polls will be open from one p.m. to seven p.m. Notice is further given that any elector desiring to be a candidate for the office of district director and to have the elector's name appear on the ballot shall file the elector's request in writing with the department of water resources not less than twenty days before the election. Dated ______________, ______. Signed _________________ Director of the Department of Water Resources
61-05-16. Department of water resources to appoint clerk and two judges of election - Filling vacancies on board. Prior to the holding of an election upon the question of establishing and organizing an irrigation district, the department of water resources shall appoint from the electors of the district one clerk and two judges to constitute a board of election for the district. If the district is divided into divisions or precincts, the board of election must be appointed from the electors of each division and shall serve as a board of election for the district. If the members appointed do not attend at the opening of the polls on the day of election, the electors present at that hour may choose the members of the election board or fill the place of an absent member of the election board.
61-05-17. Conduct of election - Votes canvassed by board and department of water resources - Retaining ballots. An election upon the question of organizing an irrigation district must be conducted in accordance with the general election laws of the state. After the polls are closed, the election board shall proceed to canvass the votes cast, and the clerk of the election board shall certify to the department of water resources the result of the election. The clerk of the board then shall wrap securely the ballots cast at the election and shall express or mail the secured ballots by registered or certified mail to the department, which also shall canvass the ballots and verify the result. The department shall file and retain in the department's office the ballots cast at the election.
61-05-18. Election governing organization of district - Filing record of election - Certificates of election to directors. After the canvass of votes has been verified by the department of water resources, if a majority of all votes cast are in favor of the organization of an irrigation district, the department, by an order, shall declare the territory duly organized as an irrigation district under the name and style designated and shall declare the persons receiving the highest number of votes duly elected as directors. The department shall cause a certified copy of the order to be filed immediately for record in the office of the recorder of each county in which any portion of the irrigation district is situated and also shall file a copy of the order with the county auditor of each county in which any portion of the district is situated. The organization of the district is complete upon the filings required in this section. The department of water resources immediately shall make out and mail, by registered or certified mail, to each person elected to the office of director
a certificate of election signed by the director of the department, and the directors shall take office upon receipt of the certification.
61-05-19. Department of water resources to file order with secretary of state - Secretary of state to make certificate - Evidence. The department of water resources shall file in the office of the secretary of state a certified copy of the department's order declaring any territory to be duly organized as an irrigation district, and the secretary of state shall make and issue to the department a certificate under the seal of the state of the due organization of the district. The secretary of state also shall file in the secretary's office a copy of the secretary's certificate and the order of the department. The certificate of the secretary of state, or a copy of the certificate, authenticated by the secretary of state, is prima facie evidence of the organization and existence of the irrigation district.
61-05-20. Appeal to district court from orders and decisions of the department of water resources - Time - Undertaking. An appeal may be taken to the district court from any order or decision of the department of water resources by any person who is aggrieved by the order or decision, at any time within thirty days after the order or decision has been filed with the county auditor of the county in which the appeal is taken. The appeal must be taken by serving notice of appeal on the director of the department of water resources and by filing the notice of appeal, proof of service of the notice, and the undertaking required in this section with the clerk of the district court of the county in which the appeal is taken. To effect an appeal an undertaking must be executed by the appellant and sufficient surety conditioned that the appellant will prosecute the 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 department of water resources as obligee and may be enforced by the department. 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. 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 taken under this section must be docketed in the district court as any civil cause commenced in the district court is docketed. The district court has and shall exercise original jurisdiction in the appeal and shall hear and rule on the case, without a jury, in the same manner as a civil cause originally commenced in that court. The court may require and fix the time for the service and filing of formal pleadings. Appeals to the supreme court may be taken by the department of water resources or any other party to the cause from any judgment entered in the district court and from any order of the court if an appeal would lie from the order if the order were entered by the court in any other civil action.