Title 61 — Waters

Immediately after five p.m. on the day of the election, the election board publicly shall open and canvass the ballots cast and shall declare the result of the canvass. A mail ballot may be counted only if the ballot is returned in the return identification envelope and is signed…

Each member of the election board for an irrigation district election shall receive compensation as fixed by the board of directors for the member's services.

The board of directors of the district shall meet at its usual place of meeting within thirty days after each election and canvass the returns. If all the returns have not been received, the canvass shall be postponed from day to day until all the returns have been received. The …

1. The secretary of the board of directors, as soon as the result of the election is declared, shall record the election results including: a. The whole number of votes cast in the district. b. The names of the persons who received votes. c. Each question voted upon. d. The numbe…

The board shall hold regular meetings in its office or usual place of meeting in January, March, July, and November of each year. The board by rule or bylaw authorized by section 61-07-03 shall fix dates for such regular meetings and may also fix dates for additional regular meet…

The compensation for each director per day while performing duties as a member of the board must be fixed by the board of directors but may be no more than sixty-two dollars and fifty cents per day. The allowance for meals and lodging expenses must be at the same rate and under t…

Repealed by S.L. 1975, ch. 106, § 673.

Each irrigation district: 1. Shall be a body corporate. 2. Shall possess all the powers and duties usual to corporations organized for public purposes and those conferred by the provisions of this title or which may be conferred by law. 3. May sue and be sued in its corporate nam…

The legal title to all property acquired by an irrigation district shall vest in such district in its corporate name.

The board of directors of an irrigation district shall: 1. Manage and conduct the business affairs of the district. 2. Make and execute all necessary contracts. 3. Employ such officers, agents, and employees as may be necessary to conduct efficiently the business of the district …

When the board shall deem it necessary to protect the interests of the district, or of the electors thereof, or to protect the interests of bondholders or other creditors of the district, it, if funds are available for that purpose, may purchase land within the district after for…

As soon as practicable after the organization of an irrigation district, the board of directors, by a resolution entered on its records, shall formulate a general plan of its proposed operation which must state: 1. What constructed works or other property are proposed to be purch…

After adopting a plan of irrigation works, the board shall secure bids as provided in chapter 48-01.2. Contracts for the purchase of materials must be awarded to the lowest and best bidder. The person to whom a contract may be awarded shall furnish a bond with good and sufficient…

For the purpose of defraying the expense of organizing the district and the maintenance, operation, management, repair, and improvement of irrigation works, including salaries of officers and employees, the board either may collect water rentals or may levy assessments therefor, …

Any irrigation district organized under the laws of this state for irrigation purposes may enter into a contract with the United States whereby the bonds of the district are guaranteed by the United States, or financial credit is extended by the United States to the district for …

Any irrigation district organized under the provisions of this title shall provide for the proper drainage of any and all lands embraced within its limits which are, or have been, subirrigated by reason of the lawful use of water from its canal by the owner or lessee of the lands…

In case the water supply shall not be sufficient to supply continuously the lands susceptible of irrigation therefrom, the board shall apportion in a just and equitable proportion, a certain amount of such water upon certain or alternate days to different localities as in its jud…

When the water supply of an irrigation district can be applied beneficially to the lands in the district, the board shall keep the waters flowing through the irrigation works under its control to the full capacity of the irrigation works in times of sufficient water supply but wi…

None of the provisions of this title relating to irrigation works shall be deemed to authorize the district or any person to divert the waters of any river, creek, stream, canal, or ditch from its channel, whereby the vested rights of any person having any interest in such river,…

Except as otherwise provided in section 61-07-16, the board or other officers of the district may not incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of this title, and any debt or liability incurred in excess of suc…

The court shall fix the time for the hearing of the petition provided for in section 61-07-23 and shall order the clerk of court to give and publish a notice of the filing of the petition, stating the time when and the place where the court will hear the petition, and stating fur…

Any person interested in the district or in the issue or sale of the bonds may answer the petition. The provisions of title 28 and the North Dakota Rules of Civil Procedure relating to the answer to a complaint shall be applicable to an answer to a petition. The person answering …

At the time and place set for the hearing provided for in section 61-07-24, the court shall find and determine whether the notice of the filing of such petition has been posted and published. When the court has determined that it has jurisdiction to hear the petition, it shall pr…

When any irrigation district shall find it necessary to procure its supply of water for the irrigation of the lands within the district from outside the boundaries of this state, such district may enter into an agreement or contract with any state board, commission, or bureau, or…

The board of any irrigation district in this state may enter into a contract for a supply of water with the United States, or with any department or agency thereof, or with the state water commission, or with any person, association, firm, corporation, or limited liability compan…

Any irrigation district within this state shall be liable in damages for negligence in delivering or failing to deliver water to the users from its canal, but such liability cannot be enforced unless the party suffering such damage, within thirty days after such district shall fa…

An appeal may be taken to the district court from any order or decision of the board of an irrigation district, by any person who is aggrieved thereby. The appeal must be taken in accordance with the procedure provided in section 28-34-01. To effect an appeal, an undertaking must…

Proceedings for the issuance of bonds by an irrigation district must be instituted by the adoption of an initial resolution by the board of directors of the district. The initial resolution must state: 1. The maximum principal amount of bonds proposed to be issued. 2. The purpose…

A notice of the election containing a complete copy of the initial resolution provided for in section 61-08-01 shall be given in the manner provided for a regular election of the district.

The ballot for a bond election shall be written or printed and shall state the question in substantially the following form: Shall the __________ irrigation district issue its bonds in the amount of not to exceed $__________ (here insert the amount) for the purpose of __________ …

If a majority of the votes cast at a bond election are in favor of the proposal to issue bonds as stated in the initial resolution, the board of directors shall proceed to sell, issue, and deliver such bonds as provided in this chapter.

Bonds issued by any irrigation district under the provisions of this chapter must be in the denominations and form, be subject to redemption with or without premium, and be subject to any other terms or conditions as the board of directors may determine, and must mature in not mo…

Every bond provided for in this chapter must be a negotiable instrument and must bear interest at a rate or rates resulting in an average annual net interest rate which must not exceed twelve percent per annum if the bonds are sold at private sale. There is no interest rate ceili…

The entire issue of bonds may be composed of bonds of a single denomination or of two or more denominations. Such bonds shall recite that they are payable in lawful money of the United States.

The bonds issued under the provisions of this chapter must be executed in the name of and for the district by the manual or facsimile signatures of the chairman and secretary of the board. The validity of every bond so executed is not impaired by the fact that a subscribing or at…

Bonds may be sold at private sale without notice or at public sale after a notice calling for bids has been published at least once in the official newspaper of each county in which the district is situated not less than fifteen days nor more than thirty days before the date spec…

The board of directors shall award the sale of bonds to the bidder who agrees to purchase them upon the terms most favorable to the district, except that the board may reject any and all bids. No sale may be for less than ninety-eight percent of the par value and accrued interest…

Repealed by S.L. 1997, ch. 518, § 24. 61-08-18. Use of district improvement warrants - Assessments levied to raise funds to pay improvement warrants. Repealed by S.L. 1997, ch. 518, § 24.

Repealed by S.L. 1997, ch. 518, § 24.

Repealed by S.L. 1997, ch. 518, § 24. 61-08-21. Registration of warrants by secretary - Filing copy of record in county auditor's office. Repealed by S.L. 1997, ch. 518, § 24.

In the discretion of the board, bonds may be secured by a trust indenture by and between the district and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside this state. The board may vest in the trustee the right to …

All money received from any bond issue must be placed in a fund and applied solely for the purpose for which it was borrowed and for no other purpose except that the money may be temporarily invested in securities approved by the board. A lien is granted upon the money until so a…

The board, in its discretion, may appoint a fiscal agent located in some city within or without this state. Every such fiscal agent shall be an incorporated bank or trust company authorized by the laws of the United States or of the state in which it is located to do a banking or…

The county treasurer shall act as the custodian of sinking funds, or funds created for the payment of bonds, except that in case an irrigation district is located in more than one county the board, by recorded resolution, shall designate the county treasurer who shall act as the …

The county treasurer shall pay the principal of, premium, if any, and interest on the bonds upon maturity, redemption, or purchase in the open market from any moneys in the fund created for the payment thereof. The county treasurer may disburse moneys in the fund to the fiscal ag…

No claim, other than payments of principal of, premium, if any, or interest on bonds, shall be paid by the district treasurer until the claim has been allowed by the board, and only upon warrants signed by the president and countersigned by the secretary. If the treasurer does no…

The county treasurer shall report in writing to the district on the second Monday in each month the amount of money belonging to the district in the county treasury, the amount of receipts for the month preceding, and the amount of the moneys paid out and assessments against each…

The district treasurer shall report to the board in writing as often as the board may require in its bylaws, the amount of money in the district treasury, the amount of receipts since the previous report, and the amount and items of expenditures. Such report shall be verified and…

Each irrigation district in this state that has issued or shall issue bonds or improvement warrants purporting to have been issued for any purpose authorized by law, which bonds or improvement warrants have been sold and delivered to purchasers for value and constitute an existin…

When in the judgment of the board of directors of an irrigation district it is in the best interests of the irrigation district to issue its bonds for the purpose of refunding or paying outstanding indebtedness as provided in section 61-08-34, refunding bonds may be issued pursua…