Title 61 — Waters
57 chapters · 825 sections in this title.
N.D.C.C. § 61-40-01 Legislative declarations - Authority of western area water supply authority
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The legislative assembly declares that many areas and localities in western North Dakota do not enjoy adequate quantities of high-quality drinking water; that other areas and localities in western North Dakota do not have sufficient quantities of water to ensure a dependable, lon…
N.D.C.C. § 61-40-02 Western area water supply authority
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The western area water supply authority consists of participating political subdivisions located within McKenzie, Williams, Burke, Divide, and Mountrail Counties which enter a water supply contract with the authority. Other cities and water systems, within or outside the authorit…
N.D.C.C. § 61-40-03 Western area water supply authority - Board of directors
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1. The initial board of directors of the western area water supply authority consists of two representatives from each of the following entities: Williams rural water district, McKenzie County water resource district, the city of Williston, BDW water system association, and R&T w…
N.D.C.C. § 61-40-04 Board of directors - Officers - Meetings
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1. The board of directors shall adopt such rules and bylaws for the conduct of the business affairs of the authority as it determines necessary, including the time and place of regular meetings of the board, financial participation structure for membership in the authority, and m…
N.D.C.C. § 61-40-05 Authority of the western area water supply authority
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In addition to authority declared under section 61-40-01, the board of directors of the western area water supply authority may: 1. Sue and be sued in the name of the authority. 2. Exercise the power of eminent domain in the manner provided by title 32 or as described in this cha…
N.D.C.C. § 61-40-05.1 Revenue bonds and bonds exempt from taxation
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1. The authority shall have the power and authority to issue revenue bonds, to include refunding bonds, for the purpose of financing construction of projects and incidental facilities authorized by this chapter. Revenue bonds issued under this section must be issued as provided i…
N.D.C.C. § 61-40-06 Oversight of authority projects
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Repealed by S.L. 2013, ch. 490, § 24. 61-40-07. Easement granted for pipelines and appurtenant facilities on any public lands. In connection with the construction and development of the project, there is granted over all the lands belonging to the state, including lands owned or …
N.D.C.C. § 61-40-08 Proceedings to judicially confirm contracts and other acts
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The authority, before making any contract or taking any special action, may commence a special proceeding in district court by which the proceeding leading up to the making of such contract or leading up to any other special action must be examined, approved, and confirmed. The j…
N.D.C.C. § 61-40-09 Default
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If the western area water supply authority defaults on its payment of the principal or interest on the infrastructure revolving loan provided for in section 61-40-14, the Bank of North Dakota shall notify the legislative council, and the state water commission shall provide a pay…
N.D.C.C. § 61-40-10 Industrial water depot and lateral sales
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1. An accounting of industrial water depot and lateral sales collected and distributed by the authority must be reported to the state water commission on a monthly basis. Participating member entities shall transfer industrial water depot and lateral sales to the authority within…
N.D.C.C. § 61-40-11 Water rates
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The authority shall provide a report on the rates to the commission and legislative management's water topics overview committee on a regular basis. The authority shall develop domestic water rates that must include all costs for operation, maintenance, and operating and capital …
N.D.C.C. § 61-40-12 Construction funding
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The authority shall follow the state water commission requirements for funding through the resources trust fund or Bank of North Dakota state-guaranteed loans and shall present the overall plan and project components to the state water commission for funding approval. Priority on…
N.D.C.C. § 61-40-13 Franchise protection
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Notwithstanding any other provision of law, neither the authority nor its participating member entities may be required to waive the right to assert franchise protection under state or federal law with regard to water used for purposes other than industrial sales for oil and gas …
N.D.C.C. § 61-40-14 Western area water supply authority - Bank of North Dakota loan - Transfer
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The Bank of North Dakota shall transfer the outstanding principal balance of the consolidation loan authorized in section 9 of chapter 19 of the 2017 Session Laws to the infrastructure revolving loan fund, on August 1, 2023. Any accrued and unpaid interest of the consolidation lo…
N.D.C.C. § 61-40-15 Western area water supply authority accrued and unpaid interest
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All accrued and unpaid interest on the twenty-five million dollar loan from the general fund to the western area water supply authority authorized in section 3 of chapter 500 of the 2011 Session Laws must be transferred to the general fund. All accrued and unpaid interest on the …