Title 61 — Waters

The legislative assembly finds that there is a critical need to develop a comprehensive statewide water development program. The state water commission shall develop and implement a comprehensive statewide water development program. The commission shall design the program to serv…

The state water commission shall develop policies, including cost-sharing guidelines, which further the development of water retention projects for flood control. The commission shall provide a report regarding the policies to the sixty-second legislative assembly.

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 facilit…

The state water commission shall review, gather stakeholder input on, and rewrite as necessary the commission's "Cost-share Policy, Procedure and General Requirements" and "Project Prioritization Guidance" documents. The commission's cost-share policy: 1. Must provide a water sup…

Repealed by S.L. 2021, ch. 489, § 2. 61-02-01.6. Economic analysis for assessment drain projects - Moratorium. (Expired effective August 1, 2027) Notwithstanding section 61-02-01.3, between August 1, 2025, and July 31, 2027, the state water commission or the department of water r…

In this chapter, unless the context or subject matter otherwise requires: 1. "Commission" means the state water commission. 2. "Cost of works" includes: a. The cost of construction, the cost of all lands, property rights, water rights, easements, and franchises acquired which are…

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 a…

The state water commission consists of the governor, agriculture commissioner, and eight other members appointed by the governor who shall take into account reasonable geographic considerations in making the appointments with the intent of having each of the eight major drainage …

1. A member of the commission who has a direct or indirect personal or pecuniary interest in a matter before the commission must disclose that fact to the commission and may not participate in or vote on that particular matter. 2. Sections 12.1-13-02, 12.1-13-03, and 48-01.2-08 d…

The governor is the chairman of the commission. The governor shall designate a vice chairman from the members of the commission. The director of the department of water resources is the secretary of the commission.

The commission shall maintain its principal office in the city of Bismarck and may maintain such branch offices in the state as it may determine.

A majority of the members of the commission constitutes a quorum, and the affirmative or negative vote of six members is necessary to bind the commission except for adjournment.

The commission shall hold at least one meeting every two months at places as it, by resolution, may provide. The chairman, or in the chairman's absence or disability, the vice chairman of the commission, may issue a call for any meeting at any time. The governor or governor's app…

The commission shall be a state agency with all of the powers and authority possessed by such a state agency in the performance of its duties. The commission may sue and be sued, plead and be impleaded, and contract and be contracted with. The commission in the exercise of all it…

The commission shall have a seal bearing its name. Such seal shall be affixed to such records and other instruments as the commission may direct, and all courts shall take judicial notice thereof. 61-02-11. Commission may adopt rules and regulations - Record kept by commission - …

Each appointive member of the commission is entitled to receive compensation per day in the amount provided for members of the legislative management under section 54-35-10 and must be reimbursed for expenses in the amounts provided in sections 44-08-04 and 54-06-09 while attendi…

The commission may hire and employ all necessary aid, help, and assistants, including members of all the professions, for the efficient performance of its powers and duties.

The commission is authorized: 1. To investigate, plan, regulate, undertake, construct, establish, maintain, control, operate, and supervise all works, dams, and projects, public and private, which in the commission's judgment may be necessary or advisable: a. To control the low-w…

The commission may, when it deems such action to be in the best interests of the state, for good and valuable consideration, release easements granted to the state for the construction, operation, and maintenance of dams, along with access thereto, if such dams have not been cons…

The director of the department of water resources, or the director's authorized designee, may execute contracts approved by the commission.

An agreement for funding which is approved by the commission to fund a water project under this chapter must require a progress report to the commission at least every four years if the term of the project exceeds four years. If a progress report is not timely received or, if aft…

Upon application by any landowner, holder of any easement, or holder of any lease of five or more years' duration, or of any group or association of such landowners, easement holders, or leaseholders for an irrigation project, the commission shall make such preliminary engineerin…

The commission has full power and authority to acquire by purchase or exchange, upon such terms and conditions as the commission determines necessary and proper, and by condemnation in accordance with and subject to chapter 32-15 and the provisions of all laws applicable to the c…

The commission shall have full power and authority: 1. To institute, maintain, and prosecute to final determination in any of the courts of this or any other state, or in any of the federal courts, any and all actions, suits, and special proceedings that may be necessary: a. To e…

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 t…

In the construction of an outlet from Devils Lake, the commission: 1. Shall make a reasonable and diligent effort to acquire the property interests needed by negotiation. The commission is deemed to have made a reasonable and diligent effort if it has contacted or attempted to co…

1. The commission may investigate, plan, cooperate, and make all contracts or compacts necessary or requisite: a. With the United States and any department, agency, or officer thereof. b. With the states of Minnesota, South Dakota, Montana, and Wyoming, or any political subdivisi…

For land acquired for the Devils Lake project, the state water commission shall make payments in lieu of real estate taxes to the counties in which the property is located in the same manner and according to the same conditions and procedures as provided in chapter 57-02.1 for pa…

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 agen…

The commission shall have full control over all unappropriated public waters of the state, whether above or under the ground, for which it has filed a declaration of intention pursuant to section 61-02-30, to the extent necessary to fulfill the purposes of this chapter. 61-02-30.…

Repealed by S.L. 1983, ch. 676, § 38. 61-02-32. Modification of plans by commission regarding project to appropriate waters - Filing declaration of intention. If the commission modifies its plans in connection with any proposed project for which the commission filed a declaration…

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.

For the purpose of regulating the diversion of the natural flow of waters, employees of the department of water resources may enter upon the means and place of use of all appropriators for the purpose of making surveys of respective rights and seasonal needs. 61-02-42. Commission…

The bonds which may be issued by the commission shall mature at such time or times, either serially or at one time, in not more than forty years from their date, or dates, as may be fixed by the resolution of the commission, but may be made callable before maturity, if so stated …

Repealed by S.L. 1983, ch. 676, § 38.

The bonds provided for in this chapter may be secured by works or lands, and the income derived therefrom, and other funds as the commission may pledge, and the funds received from the sale or disposal of water and from the operation, lease, sale, or other disposition of the work…

Provision may be made by the commission for the registration of any of the bonds as provided by chapter 21-03.1.

The bonds authorized under this chapter may be issued and sold from time to time and in amounts determined by the commission. The commission may, subject to the provisions of section 61-02-48, provide for the sale of the bonds in such manner and for such price as it may determine…

Each resolution providing for the issuance of bonds provided for in this chapter shall set forth the purpose or purposes for which the bonds are to be issued, the provisions for the payment of the bonds, and the revenues or other funds pledged to secure the payment of the bonds.

Prior to the preparation of definitive bonds, the commission may issue or provide for the issuance of temporary bonds, exchangeable for definitive bonds when the definitive bonds have been executed and are available for delivery. Temporary bonds may be issued without any other pr…

Whenever the commission shall find it necessary to insure or guarantee the payment of all or a part of the principal or interest of any series of bonds, it may enter into an agreement to place under trust indenture or agree to deposit in a trust fund moneys now or hereafter appro…

All moneys received from bonds of any series issued pursuant to this chapter shall be used solely for the purpose of paying the cost of the works or projects for the construction of which the bonds have been issued, or for the purpose of paying costs of issuance, interest during …

In the discretion of the commission, any series of bonds may be secured by a trust indenture by and between the commission and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state.

Each trust indenture, or an executed counterpart thereof, shall be filed in the office of the secretary of state. The filing of a trust indenture, or an executed counterpart thereof, in the office of the recorder of the county in which the property covered by said trust indenture…

In connection with the issuance of any bonds for the purpose of paying in whole or in part, or as supplemented by a grant from the United States or any instrumentality or agency thereof, the cost of any works or project, or in order to secure the payment of the bonds, the commiss…

The commission shall have a fund to be known as the "contract fund". The moneys in the contract fund shall be deposited in the state treasury. The contract fund shall have such accounts as the commission may determine. The use or disposition of such accounts, including the pledgi…

The commission shall have a complete system of accounting to show the total expenditure of and investment in each project and the total revenue derived therefrom and shall prepare periodic reports giving the financial statement of each project and the status of all projects toget…

Repealed by S.L. 1995, ch. 588, § 18.

Repealed by S.L. 1995, ch. 588, § 18.

Bonds issued under this chapter are payable solely from: 1. Revenues to be received by the commission from the operation of a works financed with the bonds. 2. Any other revenues available to the commission. 61-02-68. State treasurer to pay interest on bonds - Redemption of bonds…