Title 61 — Waters
57 chapters · 825 sections in this title.
N.D.C.C. § 61-05-01 Definitions
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As used in this chapter and in succeeding chapters dealing with irrigation districts: 1. "Board" means the board of directors of any irrigation district. 2. "Elector" means any landowner owning not less than five acres [2.02 hectares] of land whose land will be or is subject to a…
N.D.C.C. § 61-05-02 Proposals for irrigation district - Electors required
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Whenever a majority of the electors within an area containing eighty acres [32.37 hectares] or more of land, susceptible of irrigation, desire to provide for the irrigation of such land, they may propose the organization of an irrigation district under the provisions of this chap…
N.D.C.C. § 61-05-02.1 Creation and jurisdiction of irrigation district - Limitations
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Notwithstanding section 61-05-02, an irrigation district may not be created if the primary purpose of the district is to provide drainage benefits to residents of the district. A drainage project proposed, undertaken, approved, or subject to assessment by an irrigation district a…
N.D.C.C. § 61-05-03 Votes of electors - Number permissible
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Any elector owning twenty acres [8.09 hectares] or less but not less than five acres [2.02 hectares], subject to assessments for construction or other costs within a proposed or existing district, shall have one vote. Any elector owning more than twenty acres [8.09 hectares] subj…
N.D.C.C. § 61-05-04 Fiduciary must file proof of authority - Appointment of agent
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A guardian, executor, administrator, or trustee shall present to and file with the clerk of the irrigation district election board a certified copy of the person's or corporation's letters of guardianship, letters testamentary, or letters of administration, or of the instrument c…
N.D.C.C. § 61-05-05 Co-owners of land in irrigation district - Who may vote
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Where lands within a proposed or existing irrigation district are owned by co-owners only, such co-owners who are residents of this state may vote their respective interest personally, or such co-owners by an instrument in writing, may designate one of their number as agent to ca…
N.D.C.C. § 61-05-08 Petition accompanied by map - Contents - Scale
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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 i…
N.D.C.C. § 61-05-12 Department of water resources may make order denying petition - Filing
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If the department of water resources determines the plan of irrigation proposed is not practicable or not economically sound, the department shall make an order denying the petition for the organization of an irrigation district and shall state the reasons for the action. A copy …
N.D.C.C. § 61-05-14 Notice of election - Contents - Publication
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Upon making an order establishing an irrigation district, the department of water resources shall give notice of an election to be held in the district to determine whether the electors of the district approve the establishment and organization of the irrigation district. The not…
N.D.C.C. § 61-05-15 Form of notice of election
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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 …
N.D.C.C. § 61-05-21 Validating organization and acts of irrigation districts
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Nothing contained in this chapter shall be construed as impairing, invalidating, or in any manner affecting the validity of acts or proceedings of irrigation districts organized pursuant to the provisions of chapter 38 of the Code of Civil Procedure of the Supplement to the Compi…