Title 61 — Waters
57 chapters · 825 sections in this title.
N.D.C.C. § 61-02-68.10 Execution and attestation of interim financing notes - Sale
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The interim financing notes must be executed by the chairman or the vice chairman of the commission and attested by the signature of the director of the department of water resources. The signature of the chairman or vice chairman, and the director, and any other signatures on ap…
N.D.C.C. § 61-02-68.11 Bond provisions applicable to interim financing notes
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The provisions of sections 61-02-49, 61-02-59, 61-02-60, 61-02-61, 61-02-62, and 61-02-65, relating to bonds also apply to notes issued pursuant to section 61-02-68.1. 61-02-68.12. Interim financing notes or guarantees not a state obligation - Payment restricted to revenues - Not…
N.D.C.C. § 61-02-68.13 Interim financing notes as legal investments and security
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Notwithstanding any restrictions contained in any other law, this state and all public officers, boards and agencies, and political subdivisions and agencies thereof, all national banking associations, state banks, trust companies, savings banks and institutions, savings and loan…
N.D.C.C. § 61-02-68.14 Guarantee issued by commission
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The commission may guarantee evidences of indebtedness issued or other obligations undertaken by the owners of water projects eligible to receive municipal, rural, and industrial water supply funds pursuant to Pub. L. 99-294 [100 Stat. 418], or evidences of indebtedness issued or…
N.D.C.C. § 61-02-68.15 Pledges
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The commission may pledge the municipal, rural, and industrial water supply funds authorized by Pub. L. 99-294 [100 Stat. 418] as security for a guarantee or note. A pledge is valid and binding whenever the pledge is made. The revenues or other moneys pledged and thereafter recei…
N.D.C.C. § 61-02-68.16 Reserve fund
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1. The commission shall establish and maintain a reserve fund in which there must be deposited all moneys appropriated by the legislative assembly for the purpose of the fund, all proceeds of notes issued or guaranteed by the commission required to be deposited in the fund by ter…
N.D.C.C. § 61-02-68.17 Additional reserves and funds
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The commission may establish additional and further reserves or other funds or accounts as may be necessary, desirable, or convenient to further the accomplishment of the purposes of the commission to comply with the provisions of an agreement made by or a resolution of the commi…
N.D.C.C. § 61-02-68.18 Protection of service during term of guarantee or loan
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1. The service provided or made available by owners of water projects through the construction or acquisition of an improvement, or the improvement revenues, financed in whole or in part with a guarantee or loan to the owners of water projects from the commission or any other sta…
N.D.C.C. § 61-02-68.3 Interim financing - Proper authority required
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Before entering into any loan agreement under section 61-02-68.2, the commission shall be satisfied by opinion of the attorney general, by an examination of relevant charters, resolutions, minutes, and other documents, or by other sufficient means that the owner or owners receivi…
N.D.C.C. § 61-02-68.4 Interim financing - Independent review of feasibility of project
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Before issuing any interim financing notes pursuant to section 61-02-68.1, the commission shall conduct a review of the feasibility of the project or works to ensure that projected water consumption, operating costs, construction costs, revenues, and other statistics are reliable…
N.D.C.C. § 61-02-68.6 Terms of interim financing notes - Extension of maturity dates
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Any resolution authorizing the issuance of interim financing notes shall specify the principal amount, rate of interest, and maturity date, but not to exceed three years from the date of issue, and such other terms as may be specified in such resolutions. The time of payment of a…
N.D.C.C. § 61-02-68.7 Pledge of revenues to secure interim financing notes
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All interim financing notes and the interest thereon must be secured by a pledge of, and be payable from, any grant or loan to be made by an agency or instrumentality of the United States government or the state of North Dakota, as specified in section 61-02-68.2, and in connecti…
N.D.C.C. § 61-02-68.8 Additional covenants and conditions to secure interim financing notes
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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 pa…
N.D.C.C. § 61-02-69 Property of commission exempt from taxation
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All the property of the commission shall be exempt from taxation.
N.D.C.C. § 61-02-70 Expenses paid from administrative fund
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Repealed by S.L. 1965, ch. 447, § 24.
N.D.C.C. § 61-02-71 Commission may accept and receive appropriations and contributions
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The commission may receive and accept appropriations and contributions from any source, either of money or property or things of value, to be held, used, and applied for the purposes provided for in this chapter. 61-02-72. Revenue bonds of commission are legal and valid investmen…
N.D.C.C. § 61-02-73 Construction of chapter
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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.C.C. § 61-02-74 Certain moneys to be deposited in general fund
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Repealed by S.L. 1971, ch. 587, § 1.
N.D.C.C. § 61-02-75 Hearing witnesses - Subpoena - Oath - Fees
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Repealed by S.L. 1987, ch. 739, § 1.
N.D.C.C. § 61-02-76 Hearing - Appeals from decision of commission
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Except as more specifically provided in this title, any person aggrieved because of any action or decision of the commission under the provisions of this title has the right to a hearing by the commission if no hearing on the matter resulting in the action or decision has been he…
N.D.C.C. § 61-02-78 Infrastructure revolving loan fund - Continuing appropriation - Rules
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Repealed by S.L. 2021, ch. 80, § 6.
N.D.C.C. § 61-02-79 Bank of North Dakota - Line of credit
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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 cred…
N.D.C.C. § 61-02-80 Flood control projects - Financial assistance limited
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Except for flood control projects authorized by the legislative assembly or the commission before July 1, 2017, the commission shall calculate the amount of its financial assistance, including loans, grants, cost-share, and issuance of bonds, based on the needs for protection of …