Title 61, Waters

It is hereby declared that more effective development and utilization of the land and water resources of this state, protection and preservation of the benefits therefrom, opportunity for greater economic security, protection of health, property and enterprise, and the promotion …

The "Garrison Diversion Conservancy District", hereinafter referred to as the "district" consists of that part of the state that is included within the boundaries of the following counties: Barnes, Benson, Bottineau, Burleigh, Cass, Dickey, Eddy, Foster, Grand Forks, Griggs, LaMo…

A director of the Garrison Diversion Conservancy District must be nominated and elected in each county in the district. Any person who is a resident and qualified elector of the county who aspires to the office of director of the Garrison Diversion Conservancy District shall, bef…

Whenever a vacancy exists on a general election no-party ballot for any directorship of the Garrison Diversion Conservancy District, the vacancy may be filled by filing with the county auditor at least sixty-four days before the day of the election and not later than four p.m. of…

Each member of the board of directors of the district is entitled to receive as compensation from the district an amount determined by the board of directors not to exceed the amount provided for members of the legislative management under section 54-35-10 per day and must be rei…

Each member of the board of directors of the district shall hold office for a term of three years, and until the successor in office has been appointed and qualified, provided, that one-third of the board first appointed shall hold office for a term of three years, one-third for …

The board of directors of the district shall adopt such rules and regulations and bylaws for the conduct of the business affairs of the district as the board deems necessary, including the time and place of regular meetings of the board. The board shall elect from its number a ch…

The attorney general shall act as the legal adviser of the board to the extent the duties of the attorney general permit. The department of water resources shall furnish engineering services and assistance to the extent the duties of the department permit. When the district has f…

The board of directors of the Garrison Diversion Conservancy District shall have the power: 1. To sue and be sued in the name of the district. 2. To exercise the power of eminent domain in the manner provided by title 32 for the purpose of acquiring and securing any right, title,…

In July of each year, the board of directors shall estimate and itemize all the expenses and obligations of the district, including expenses of directors, expenses of operating the office, debt service and retirement, and obligations and liabilities to the United States for which…

Immediately after completion of the budget and the adoption of the annual tax levy by the board of directors of the district, but not later than October first, the secretary of the district shall send one certified copy of the levy as adopted and one certified copy of the budget …

The county auditor of each county in the district shall extend the levy upon the tax list of the county for the current year against each description of real property and all personal property within the county in the same manner and with the same effect as other taxes are extend…

The treasurer of each county in the district shall collect all district taxes, together with interest and penalty thereon, if any, in the same manner as the general taxes are collected, and shall pay over to the treasurer of the Garrison Diversion Conservancy District, on the fir…

When the board of directors of the Garrison Diversion Conservancy District is notified by the United States, or by any department or agency thereof, that it is necessary for the district to enter into a contract as principal and guarantor or either, for the repayment of any part …

After any such contract shall have been duly executed, as herein provided, the board of directors shall, in accordance with the provisions of such contract, adopt a resolution that a tax be assessed and levied upon all the taxable property in the district. Such tax shall be withi…

The board of directors of the Garrison Diversion Conservancy District, after entering into a contract with the United States government or with any public corporation of the state of North Dakota, may commence a special proceeding in and by which the proceedings of the board and …

1. Any county in the conservancy district not benefited or not to be benefited, in whole or in part, by the establishment of the Garrison diversion unit of the Missouri River basin project as authorized by Act of Congress, approved December 22, 1944 [58 Stat. 887], and acts amend…

An appeal from an order of the board of directors of the conservancy district denying a petition for exclusion may be taken to the district court of the petitioning county. The appeal must be taken in accordance with the procedure provided in section 28-34-01. The appeal must be …

In connection with the construction and development of the Garrison diversion unit of the Missouri River basin project, the highway authorities of the state, or any county or organized township or municipality, are authorized to enter into agreements with each other or with the f…

In connection with the construction and development of the Garrison diversion unit of the Missouri River basin project, there is granted over all the lands belonging to the state, including lands owned or acquired for highway right-of-way purposes, a right of way for ditches, pip…

The district's use of the permanent easement property is restricted solely to the construction, operation, and maintenance of facilities authorized by law. The district may not rent, sell, or assign the rights to a permanent easement, except may reserve the right to assign the pe…

1. The director of the agricultural experiment station, with respect to all land to be irrigated by water from the Garrison diversion unit of the Pick-Sloan Missouri River basin project, shall promulgate rules and regulations for the determination of best management practices on …

The district shall distribute water to irrigators purchasing water from the district in amounts that are consistent with the determinations of the director of the agricultural experiment station for best management practices in the farming of the applicable land.

1. The issuance of revenue bonds or refunding bonds must be authorized by a resolution of the board adopted after appropriate notice by the affirmative vote of a majority of the board. Unless otherwise provided in the resolution, the resolution under this section takes effect imm…

The resolution authorizing the issuance of revenue bonds or refunding bonds under this chapter or resolutions adopted after adoption of the original resolution must prescribe: 1. The rates of interest, or if an interest rate is variable, the method for calculating the interest ra…

Revenue bonds or refunding bonds may be sold at public or private sale on any terms as the board deems appropriate.

Pending the issuance of bonds, bond anticipation notes may be issued and sold in the form and with the provisions determined by the district.

Bond anticipation notes, revenue bonds, or refunding bonds bearing the manual or facsimile signatures of the appropriate officers who are in office on the date of signing are valid and binding obligations notwithstanding that before the delivery and payment any or all of the indi…

Notwithstanding any other provision of law, the state and all public officers, boards, and agencies, and political subdivisions and agencies of the state, including the public finance authority, all national banking associations, state banks, trust companies, savings banks and in…

1. Any resolution authorizing the issuance of bonds under this chapter may contain covenants and provisions concerning: a. The rates, fees, tolls, or charges to be charged for the services, facilities, and commodities of a project. b. The use and disposition of all or a portion o…

Bond anticipation notes, revenue bonds, and refunding bonds issued under this chapter may not be payable from or charged upon any funds other than the revenue pledged to the bond's payment and the district's notes and bonds may not be subject to any pecuniary liability. The holde…

1. To adequately secure the payment of bonds and interest on the bonds, the district and its officers, agents, and employees shall: a. Pay or cause to be paid punctually the principal and interest of every bond on the dates, at the places, in the manner, and out of the funds prov…

1. Subject to any contractual limitations binding upon the holders of any issue of bonds, or a trustee for the holders, including the restriction of the exercise of any remedy to a specified proportion or percentage of the holders, any holder of bonds or trustee, for the equal be…

Notwithstanding any other provision of law, the state and all public officers, boards, and agencies, and political subdivisions and agencies of the state, all national banking associations, state banks, trust companies, savings banks and institutions, savings and loan association…