Title 61 — Waters

Repealed by S.L. 2023, ch. 569, § 36.

For purposes of this chapter, unless the context otherwise requires: 1. "Affected landowners" means landowners whose land is subject to special assessment or condemnation for a project. 2. "Assessment drain" means a drain financed in whole or in part by special assessment. 3. "Be…

Repealed by S.L. 1985, ch. 678, § 2.

The water resource board shall keep accurate minutes of its meetings and accurate records and books of account, clearly setting out and reflecting the entire operation, management, and business of the district. The unofficial minutes of the meeting must be provided to the officia…

The treasurer of a district shall be bonded in the amount set by the water resource board but the bond shall not be less than one thousand dollars. Other district employees shall be bonded in any amount set by the board. Every officer or employee of whom a bond is required shall …

Each water resource board shall have the power and authority to: 1. Sue and be sued in the name of the district. 2. Exercise the power of eminent domain as follows: a. Except as permitted under subdivision b, the board shall comply with title 32 for the purpose of acquiring and s…

1. A water resource board may undertake the snagging, clearing, and maintaining of natural watercourses and the debrisment of bridges and low-water crossings. The board may finance the project in whole or in part with funds raised through the collection of a special assessment le…

When it deems such action to be in the best interests of the district or other political subdivision, a water resource board or governing body of another political subdivision may release easements assigned to it from the state for the construction, operation, and maintenance of …

Each water resource board shall: 1. Meet jointly with other water resource boards within a common river basin at least twice each year at times and places as mutually agreed upon for the purpose of reviewing and coordinating efforts for the maximum benefit of the entire river bas…

Repealed by S.L. 1985, ch. 678, § 2.

If the cost of construction or maintenance of a project does not exceed the amount provided for construction of a public improvement under section 48-01.2-02, the work may be done on a day work basis or a contract may be let without being advertised. If the cost of the constructi…

1. Before constructing a project and before assessing the lands or premises for a project located in or benefiting more than one county, the districts from two or more counties shall create a joint board under section 61-16.1-11. 2. If the joint board or district finds the projec…

Each district shall have the power and authority to issue revenue bonds, not exceeding an aggregate total outstanding of fifty million dollars, for the purpose of financing construction of projects and incidental facilities authorized by this chapter. Issuance of revenue bonds mu…

When a water resource board receives a petition or approves a motion to construct a project with funds raised through the collection of special assessments, the water resource board shall examine the proposed project. If the water resource board decides further proceedings are wa…

1. Upon the filing of the engineer's report provided for in section 61-16.1-17, and after satisfying the requirements of section 61-16.1-21, the water resource board shall fix a date and place for a public hearing on the proposed project. The place of hearing must be in the vicin…

At the hearing on an assessment project, the affected landowners, and any county, township, or city to be assessed, must be informed when and where votes concerning the proposed project may be filed. Affected landowners, and the governing body of any county, township, or city to …

The allocation of voting rights among affected landowners on the question of establishing a proposed project must provide a fair relationship between the amount of liability for assessments and the power of objecting to the establishment of the project. Affected landowners have o…

1. If the water resource board proposes to make any special assessment under this chapter, the board, before the hearing required under section 61-16.1-18, shall inspect all lots and parcels of land which may be subject to assessment and shall determine from the inspection the pa…

Within twenty days after the meeting at which the water resource board approves the final assessment list required under section 61-16.1-22: 1. Affected landowners and any political subdivision subject to assessment, having not less than thirty-three percent of the possible votes…

After the recording of percentage assessments as provided in section 61-16.1-22, the board shall give at least ten days' notice of the time and place where contracts will be let for the construction of the drain. The notice must be published at least once in a newspaper having ge…

A water resource board may grant a reasonable extension of time for the completion of any contract. If a board reasonably believes the work required under a contract will not be completed by the agreed upon deadline, the board may relet any unfinished portion to the lowest respon…

After the requirements of this chapter have been satisfied and a contract and bond for any work for which a special assessment is to be levied have been approved by the water resource board, the board may direct special assessments to be levied for the payment of appropriate cost…

In June and December of each year and as otherwise required by the county commission appointing the managers of the district, the district treasurer shall report to the water resource board in writing the amount of money in the treasury, the receipts, if any, in the preceding per…

A water resource board may hold at any time or, upon petition of any affected landowner or assessed political subdivision after a project has been in existence for at least one year, shall hold a hearing to determine the benefits of the project to each tract of land affected. Not…

When land acquired for drainage is no longer required for drainage, the board of county commissioners may reconvey the land to the present owner of the adjacent property if the present owner of the adjacent property surrenders all warrants issued in payment of the land or repays …

If mathematical errors or other mistakes occur in making any assessment and result in a deficiency in that assessment, the board shall cause additional assessments to be made in a manner substantially complying with chapter 40-26 as the chapter relates to special assessments.

When a water resource board, by resolution, has caused special assessments to be levied to cover the cost of constructing a project, the board shall determine the rate of interest unpaid special assessments must bear. The interest rate may not exceed one and one-half percent abov…

A special assessment imposed by a district, together with interest and penalties which accrue thereon, shall become a lien upon the property on which the assessment is levied from the time the assessment list is approved by the water resource board until the assessment is fully p…

A district may, at any time after entering into a contract for a project to be financed in whole or in part by special assessments, issue temporary and definitive warrants on the project fund, created for that purpose, in the manner and subject to the limitations prescribed in se…

Drain costs must be paid upon order of the board by warrants signed by the chairman and one other member of the board. The warrants are payable from the proper drain fund and, upon maturity, are receivable by the treasurer for drain assessments supporting the fund. The warrants m…

A board of county commissioners may negotiate and execute a settlement with the owners of drain warrants and pay the amount of the settlement from the general fund of the county if: 1. Drain warrants issued pursuant to the establishment of a drain in two or more counties remain u…

A written petition for maintenance of a project other than an assessment drain may be made to the board under this section. The petition shall designate the maintenance requested. The petition must be signed by six, or if a majority is less than six, by a majority of the landowne…

If, upon receipt of a petition meeting the requirements of section 61-16.1-39.1, or upon the board's own motion, the board determines a project established under the provisions of this chapter requires maintenance, the board may provide the required maintenance by using the same …

Any dam, dike, or other water control device or flood control project constructed by or with the assistance of any federal agency but which is not maintained or operated by any federal agency shall become the responsibility of the district where it is located. The district may ta…

Repealed by S.L. 1987, ch. 642, § 13.

Prior to removing or placing any fill adjacent to a watercourse, the person responsible shall provide written notice to the district describing the amount and type of fill to be placed or removed and the location of the activity. For purposes of this section, "adjacent" means wit…

1. Drains may be laid along, within the limits of, or across any public road or highway, but not to the injury of the road. If, during the preparation of the report required under section 61-16.1-17, a water resource board discovers it may be necessary to run a drain across a hig…

1. The water resource board shall construct any bridges or culverts over or in connection with a drain as in its judgment may be necessary to furnish passage from one part to another of any private farm or tract of land intersected by the drain. The cost of constructing the bridg…

If, during the preparation of the report required under section 61-16.1-17 or during the planning for maintenance or reconstruction of an existing assessment drain, a water resource board discovers it may be necessary to install a culvert through a road not on the route of the as…

A water resource board may advertise for bids to supply culverts and pipe arches and may accept one or more low bids. A board may utilize bids for such materials received by the county within which the board has jurisdiction and may accept one or more low bids. The board may then…

1. If it is desired to provide for maintenance of an assessment drain in whole or in part by means of special assessments, the levy in any year for the maintenance may not exceed four dollars per acre [.40 hectare] on any agricultural lands benefited by the drain. The district, a…

If any of the proceedings for the location, establishment, or construction of any drain under the provisions of this chapter shall have been enjoined, vacated, set aside, declared void, or voluntarily abandoned by the water resource board, for any reason whatsoever, the board may…

All assessment drains that have been constructed in any district, except township drains, shall be under the charge of the water resource board and it shall be the duty of the board to keep those drains open and in good repair. It shall be the mandatory duty of the board, within …

The cost of cleaning out and repairing an assessment drain or a drainage structure constructed by any governmental entity for which no continuing funds for maintenance are available must be assessed pro rata against the lands benefited in the same proportion as the original asses…

1. For the purposes of this section, "lateral drain" means a drain constructed after the establishment of an original assessment drain or drainage system and which flows into such original drain or drainage system from outside the limits of the assessed area of the original drain…

A determination by a water resource board as to whether an existing or proposed drain is a lateral drain is a conclusive determination when entered on the records of the board.

Whenever one or more drains which have from time to time been constructed, empty into a drain that supplies the outlet for waters flowing in all such drains, such drains may by resolution or order of the water resource board, if the cost of construction of such drains has been pa…

Repealed by S.L. 1987, ch. 642, § 13. 61-16.1-52.1. Closing of noncomplying drain - Notice and hearing - Appeal - Injunction. If the board determines a drain, lateral drain, or ditch has been opened or established by a landowner or tenant contrary to this chapter or any rules ado…

Repealed by S.L. 1989, ch. 83, § 36.

Repealed by S.L. 1989, ch. 83, § 36. 61-16.1-57. Filing appeal - Docketing and hearing appeals - Final judgment and sending back. Repealed by S.L. 1989, ch. 83, § 36.