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North Dakota Statutes, Title 61

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Title 61, Waters

57 chapters · 953 sections in this title.

All chapters in Title 61953 Ch 61-35, Water Districts108 Ch 61-02, Water Commission106 Ch 61-16.1, Operation of Water Resource Districts76 Ch 61-12, Flood Irrigation Projects48 Ch 61-24.8, Garrison Diversion Conservancy Distr…41 Ch 61-04, Appropriation of Water40 Ch 61-04.1, Weather Modification36 Ch 61-24, Garrison Diversion Conservancy District34 Ch 61-07, Powers of Irrigation Districts33 Ch 61-08, Fiscal Affairs of Irrigation Districts29 Ch 61-03, State Engineer28 Ch 61-06, Government of Irrigation Districts23 Ch 61-24.3, Southwest Pipeline Project23 Ch 61-01, General Provisions22

36 sections·Filtered byTitle 61✕Ch 61-04.1✕

N.D.C.C. § 61-04.1-01 Extended state ownership of water sovereignty over moisture
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In order that the state may share to the fullest extent in the benefits already gained through fundamental research and investigation on new and improved means for predicting, influencing, and controlling the weather, for the best interest, general welfare, health, and safety of …
N.D.C.C. § 61-04.1-02 Declaration of policy and purpose
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The legislative assembly finds that weather modification affects the public health, safety, and welfare, and that, properly conducted, weather modification operations can improve water quality and quantity, reduce losses from weather hazards, and provide economic benefits for the…
N.D.C.C. § 61-04.1-03 Definitions
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As used in this chapter, unless the context otherwise requires: 1. "Controller" refers to any licensee duly authorized in this state to engage in weather modification operations. 2. "Geographical region" means a geographical area with a contiguous boundary that may enclose a port…
N.D.C.C. § 61-04.1-08 Powers and duties of the department
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The department has the following powers and duties: 1. The department shall adopt rules concerning qualifications, procedures, and conditions for issuance, revocation, suspension, and modification of licenses and permits; standards and instructions governing weather modification …

N.D.C.C. § 61-04.1-09 Department of water resources to establish research and development program - Hail suppression pilot program

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1. The department of water resources shall establish a program of weather modification research and development in this state. The department shall supervise and coordinate all research and development activities in the state or research and development activities outside of the …

N.D.C.C. § 61-04.1-11 License and permit required

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Except as provided in section 61-04.1-12, no person may engage in weather modification activities without both a professional weather modification license issued under section 61-04.1-14 and a weather modification permit issued under section 61-04.1-16. Licenses shall expire on D…

N.D.C.C. § 61-04.1-12 Exemptions

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The department of water resources may provide by rule for exemption of the following activities from the license and permit requirements of section 61-04.1-11: 1. Research and development conducted by the state, political subdivisions of the state, colleges and universities of th…

N.D.C.C. § 61-04.1-13 Operator deemed to be doing business within state - Resident agent

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A person shall be deemed doing business within this state when engaged in weather modification operations within the boundaries of this state, and shall, if not already qualified to do business within this state under chapter 10-19.1, prior to conducting such operations, file wit…

N.D.C.C. § 61-04.1-14 Issuance of license - Fee

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The department of water resources shall provide, by rule, the procedure and criteria for the issuance of a license. The department, in accordance with its rules, shall issue a weather modification license to each applicant who: 1. Pays a license fee of fifty dollars. 2. Demonstra…

N.D.C.C. § 61-04.1-15 Revocation or suspension of license

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The department of water resources may suspend or revoke a license for any of the following reasons: 1. Incompetency. 2. Dishonest practice. 3. False or fraudulent representations made in obtaining a license or permit under this chapter. 4. Failure to comply with any provisions of…

N.D.C.C. § 61-04.1-16 Permit required - Issuance of permit - Fee

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1. A weather modification permit is required for each geographical area, as set out in the operational plan required by subdivision b, in which a person intends to conduct weather modification operations. Each permit issued by the department of water resources expires on December…

N.D.C.C. § 61-04.1-17 Hearings

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The department of water resources shall give public notice, in the official county newspaper or newspapers in the area of the state reasonably expected to be affected by operations conducted under a permit, that it is considering an application for such permit, and, if objection …

N.D.C.C. § 61-04.1-18 Revocation, suspension, or modification of permit

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The department of water resources may suspend or revoke a permit if it appears that the permittee no longer has the qualifications necessary for the issuance of an original permit or has violated any provision of this chapter, or any of the rules adopted under it. The department …

N.D.C.C. § 61-04.1-19 Proof of financial responsibility

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Proof of financial responsibility is made by showing to the satisfaction of the department of water resources that the permittee has the ability to respond in damages to liability which might reasonably result from the operation for which the permit is sought. Proof of financial …

N.D.C.C. § 61-04.1-20 Department of water resources may create operating districts - Representation of noncontracting counties

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The department of water resources may place any county or geographical region for which a person contracts with the state for weather modification operations in any operational district the department determines necessary to best provide that county or geographical region with th…

N.D.C.C. § 61-04.1-21 District operations advisory committees created - Duties

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1. There must be a district operations advisory committee in each operations district created in accordance with section 61-04.1-20. Each committee must be composed of one commissioner of the weather modification authority, if a weather modification authority exists, from each co…

N.D.C.C. § 61-04.1-22 Weather modification authority may suspend operations

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Other provisions of this chapter notwithstanding, the weather modification authority in any county authorized to contract for weather modification operations under this chapter may suspend the county and state weather modification operation within that county.

N.D.C.C. § 61-04.1-22.1 Temporary weather modification authority

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The board of county commissioners of any county that has no weather modification authority may create a temporary weather modification authority by setting a time and place for a public hearing, publishing at least ten days before the hearing notice of the hearing in the official…

N.D.C.C. § 61-04.1-23 Weather modification authority created by petition

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A weather modification authority shall be created by resolution and five commissioners appointed thereto for ten-year terms of office, by the board of county commissioners. A board of county commissioners shall not adopt a resolution creating an authority until it has received a …

N.D.C.C. § 61-04.1-24 Petition contents

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The petition for the creation of a weather modification authority and for appointment of commissioners shall contain: 1. A title with the heading: "Petition for Creation of (insert name of county) Weather Modification Authority". 2. The following paragraph: We, the undersigned qu…

N.D.C.C. § 61-04.1-25 Commissioners - Compensation - Meetings - Officers

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The appointing authority shall establish the rate of compensation for commissioners of a weather modification authority and actual expenses incurred by commissioners may be reimbursed at the official reimbursement rates of the appointing authority. Each commissioner shall hold of…

N.D.C.C. § 61-04.1-26 Funding for support of weather modification authority

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The weather modification authority may request annually that the board of county commissioners provide funding from revenues derived from its general fund levy for support of the authority and to provide weather modification services. In the year for which the levy is sought, the…

N.D.C.C. § 61-04.1-27 Creation of weather modification authority and its powers by resolution

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When a weather modification authority is about to expire, the board of county commissioners of any such county may by resolution authorize the creation of such weather modification authority and all its powers, including the power to certify a tax levy as provided by section 61-0…

N.D.C.C. § 61-04.1-28 Procedure for abolishment of weather modification authority and all its powers by recall initiated petition

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After fifty-one percent of the qualified electors of a county, as determined by the vote cast for the office of governor at the last preceding gubernatorial election, shall petition the board of county commissioners of their county to recall the commissioners of a weather modific…

N.D.C.C. § 61-04.1-29 Creation of weather modification authority by election

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When a petition signed by not less than twenty percent of the qualified electors of the county, as determined by the vote cast for the office of governor at the last preceding gubernatorial election, requesting an election upon the establishment of a weather modification authorit…

N.D.C.C. § 61-04.1-30 Abolishment of weather modification authority by election

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When a petition signed by not less than twenty percent of the qualified electors of the county, as determined by the vote cast for governor in the last preceding gubernatorial election, requesting an election upon the abolishment of a weather modification authority as created in …

N.D.C.C. § 61-04.1-31 Creation of weather modification authority by vote after resolution of county commissioners

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The board of county commissioners of any county may, by resolution after a public hearing, submit the question of the creation of a weather modification authority to the electors of the county at the next countywide election. Upon approval by a majority of the votes cast on the q…

N.D.C.C. § 61-04.1-32 County budget may be waived for first appropriation - Conditions

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The provisions of chapter 11-23 shall not apply to appropriations made under the provisions of this chapter. However, immediately after a weather modification authority has been created by resolution of the board of county commissioners, and after certification of a mill levy by …

N.D.C.C. § 61-04.1-33 Bids required - When

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If the department of water resources contracts with any licensed controller in an amount in excess of ten thousand dollars in any one year, the department shall advertise for proposals for such weather modification activities and, in its proceedings with respect to bids therefor,…

N.D.C.C. § 61-04.1-34 Performance bond, cash, or negotiable securities required

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Before the department of water resources contracts with any controller, the department shall require the controller to furnish a surety bond or cash or negotiable securities for the faithful performance of the contract in such amount as determined by the department, conditioned t…

N.D.C.C. § 61-04.1-36 State immunity

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Nothing in this chapter shall be construed to impose or accept any liability or responsibility on the part of this state or any of its agencies, or any state officials or state employees or weather modification authorities for any injury caused by weather modification operations …

N.D.C.C. § 61-04.1-37 Liability of controller

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1. An operation conducted under the license and permit requirements of this chapter is not an ultrahazardous or abnormally dangerous activity which makes the permittee subject to liability without fault. 2. Dissemination of materials and substances into the atmosphere by a permit…

N.D.C.C. § 61-04.1-38 Department of water resources may receive and expend funds

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1. The department of water resources may receive and accept in the name of the state any funds that are offered or become available from any federal grant or appropriation, private gift, donation, or bequest, county funds, or funds from any other source except license and permit …

N.D.C.C. § 61-04.1-39 Payment for weather modification - State to provide funds

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Any weather modification authority or person that contracted with the department of water resources for weather modification operations under this chapter shall appropriate to the water commission fund the amount determined by the department to be necessary to provide that weathe…

N.D.C.C. § 61-04.1-40 State water commission - Compensation - Expenses

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Each member of the North Dakota state water commission shall receive the same compensation paid for other commission duties, for each day actually and necessarily engaged in the performance of official duties in connection with the administration of this chapter. Commission membe…

N.D.C.C. § 61-04.1-41 Penalty

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Any person contracting for or conducting any weather modification activity without being licensed in accordance with the provisions of this chapter, or otherwise violating the provisions of this chapter, shall be guilty of a class B misdemeanor.