Title 61 — Waters
57 chapters · 825 sections in this title.
N.D.C.C. § 61-24.3-01 Legislative findings and intent
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The legislative assembly finds that adequate water supplies for municipal, domestic, livestock, rural, irrigation, industrial, and other uses are essential for the social stability and economic security of the people of the state of North Dakota. It is further found that the deve…
N.D.C.C. § 61-24.3-02 Definitions
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In this chapter: 1. "Commission" means the state water commission. 2. "Water user entities" means those persons, municipalities, rural water cooperatives, corporations, limited liability companies, and other entities which have entered into and executed water service contracts wi…
N.D.C.C. § 61-24.3-03 Authorization of southwest pipeline project
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The preliminary designs for a water supply facility for supplementation of the water resources of a portion of the area of North Dakota south and west of the Missouri River for multiple uses, as set forth in the engineering preliminary design final report for the southwest pipeli…
N.D.C.C. § 61-24.3-04 Water treatment
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The extent and type of water treatment and the location of a water treatment plant or plants for the southwest pipeline project shall be determined by the commission, in accordance with law and as in the judgment of the commission the interests of the state and the water user ent…
N.D.C.C. § 61-24.3-05 Intake structure
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The intake structure to be utilized for the withdrawal of water from the water source for the southwest pipeline project shall be determined by the commission, as in the judgment of the commission the interests of the state and water user entities of the southwest pipeline projec…
N.D.C.C. § 61-24.3-06 Secondary transmission mains
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Secondary transmission mains shall be constructed as part of the southwest pipeline project, as provided in the engineering preliminary design final report for the southwest pipeline project, state water commission project no. 1736, dated September 1982, except as provided in sec…
N.D.C.C. § 61-24.3-06.1 Water distribution lines
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Notwithstanding the plans and specifications of state water commission project no. 1736, as authorized in this chapter, the state water commission is hereby authorized to investigate the integration of rural water delivery into the southwest pipeline project, state water commissi…
N.D.C.C. § 61-24.3-07 Capacity for industrial use
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Upon receipt of a commitment from any large industrial user through the execution of a water service contract for the purchase of water from the southwest pipeline project, or other appropriate contract, as required by the commission, the commission shall have the authority to in…
N.D.C.C. § 61-24.3-08 Capacity for South Dakota users
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Upon receipt of a commitment from water user entities in South Dakota, through the execution of a water service contract for the purchase of water from the southwest pipeline project, whereby no less than the total additional capital costs of increasing the capacity of the southw…
N.D.C.C. § 61-24.3-09 Pipeline construction standards
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The commission, as in its judgment the interests of the state and the water user entities of the southwest pipeline project are best served, shall determine the pipeline construction standards to be utilized for the southwest pipeline project. In making its determination, the com…
N.D.C.C. § 61-24.3-10.1 Deposits of income
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All income derived from the lease and management of lands acquired by the state water commission for the southwest pipeline project must be deposited in the resources trust fund.
N.D.C.C. § 61-24.3-11 Commission to fix water rates for the southwest pipeline project
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The commission shall establish the payments for water service to be paid by water user entities for purchase of water from the southwest pipeline project. The payments for water service include each water user entity's proportionate share of the operation, maintenance, and replac…
N.D.C.C. § 61-24.3-13 Removal and discharge of appointees
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The commission may remove and discharge any and all persons appointed in the exercise of powers granted by this chapter, whether by the commission or by the manager of the southwest pipeline project. Any such removal may be made whenever in the judgment of the commission, the pub…
N.D.C.C. § 61-24.3-15 Revenues for operation and maintenance - Deposit - Use
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Money derived and received by the commission from water user entities for operation and maintenance of the southwest pipeline project shall be deposited by the commission in the operation and maintenance fund, and shall be used for no purposes other than to pay for costs and expe…
N.D.C.C. § 61-24.3-16 Reserve fund for replacement
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To identify and distinguish the revenues received by the commission from water user entities for replacement and extraordinary maintenance of the southwest pipeline project, there shall be maintained, as a part of the moneys of the state received and kept by the state treasurer, …
N.D.C.C. § 61-24.3-17 Revenues for replacement - Deposit - Use
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Money derived and received by the commission from water user entities for replacement and extraordinary maintenance of the southwest pipeline project shall be deposited by the commission in the reserve fund for replacement, and shall be used for no purposes other than to pay for …
N.D.C.C. § 61-24.3-18 Water rates for capital costs - Deposit
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Money derived and received from water user entities for capital costs of the southwest pipeline project may be pledged by the commission for the repayment of bonds issued for the construction of the southwest pipeline project. Any money not pledged must be deposited by the commis…
N.D.C.C. § 61-24.3-19 Validation of water service contracts
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Water service contracts entered by the commission for the distribution and sale of water to water user entities from the southwest pipeline project are confirmed and approved by the legislative assembly. The commission may commence a special proceeding in and by which the proceed…
N.D.C.C. § 61-24.3-20 Other pipelines - Commission approval required
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Upon construction of the southwest pipeline project, utilities, corporations, limited liability companies, companies, or any other person or entity which proposes to install or construct a pipeline or other underground conveyance system which crosses or intersects the southwest p…
N.D.C.C. § 61-24.3-21 Authorization of facilities - Water service areas
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Notwithstanding the plans and specifications of state water commission project no. 1736, as authorized in this chapter, the state water commission may include as part of the southwest pipeline project the delivery of water from southwest pipeline facilities to areas in Dunn Count…