Title 61 — Waters
57 chapters · 825 sections in this title.
N.D.C.C. § 61-08-37 Refunding bonds may be exchanged or sold
0.0K chars
Repealed by S.L. 1997, ch. 518, § 24.
N.D.C.C. § 61-08-38 Amount of refunding bonds issued
0.0K chars
Repealed by S.L. 1997, ch. 518, § 24.
N.D.C.C. § 61-08-39 Assessments - Proceeds - Levy
0.6K chars
All assessments made by an irrigation district for the payment of the bonds or improvement warrants to be refunded must inure to the benefit of the holders of the refunding bonds and the proceeds of the assessments must be utilized for the purpose of paying the interest and princ…
N.D.C.C. § 61-08-40 Provisions relating to payment of bonds applicable to refunding bonds
0.3K chars
All provisions of law relating to the assessment in irrigation districts and the collection thereof for the purpose of raising funds for the payment of bonds of an irrigation district shall be applicable to bonds issued under the provisions of sections 61-08-34 through 61-08-39.
N.D.C.C. § 61-08-41 Issuance of revenue bonds
0.5K chars
The acquisition, construction, reconstruction, improvement, betterment, or extension of any revenue-producing facility, and the issuance of revenue bonds in anticipation of the collection of the revenues of the facility, may be authorized by resolution adopted by the affirmative …
N.D.C.C. § 61-08-42 Payment and security for revenue bonds
0.8K chars
Revenue bonds issued under this chapter may not be payable from nor charged upon any funds other than the revenue pledged to the payment of the bonds, nor is the district issuing the bonds subject to any pecuniary liability on the bonds. A holder of the bonds does not have the ri…
N.D.C.C. § 61-09-04 Assessment of property not in name of owner not to invalidate assessment
0.6K chars
The assessment of any property in the name of a person not the owner thereof in no way shall invalidate the assessment of any unit or tract of land. 61-09-05. Assessor to determine amounts payable to United States' agencies and other persons or districts. The district assessor in…
N.D.C.C. § 61-09-06 When assessment roll completed - When board to equalize assessments
2.7K chars
On or before the fifteenth day of June in each year, the assessor shall complete the assessment roll and deliver it to the secretary of the district. The board of directors thereupon at its regular meeting in July shall proceed to equalize such assessments. At least ten days befo…
N.D.C.C. § 61-09-09 Board may levy assessment for general fund - Contents
1.0K chars
If the board finds it necessary it may levy an assessment for the expenses incurred in organizing the district, for the operation, maintenance, and repair of the irrigation works, for the payment of salaries of officers and employees, and for general expenses. Such assessment sha…
N.D.C.C. § 61-09-11 Assessments and taxes collected by county treasurer - Manner
1.3K chars
Assessments or taxes shall be collected by the county treasurer at the same time and in the same manner as other taxes are collected in the county, except that such county treasurer shall receive in payment to the general fund mentioned in this chapter, for the year in which the …
N.D.C.C. § 61-09-12 Refusal or failure of board to cause assessment to be made
7.7K chars
In case the board shall refuse, fail, or neglect to cause an assessment or levy to be made for the principal and interest of outstanding bonds, or improvement warrants, and for all payments due, or to become due, in the ensuing year to the United States, or to any department or a…
N.D.C.C. § 61-09-17 Abatement of assessments - Exception
1.4K chars
The board of county commissioners, with the approval of the tax commissioner, may abate any assessments made by irrigation districts if application therefor is approved by the board of the irrigation district. In case such assessments are made for the purpose of meeting payments …
N.D.C.C. § 61-09-19 Special election - Notice - Ballots
0.7K chars
The election provided for in section 61-09-18 shall be called upon the notice prescribed, and shall be held and the result thereof determined and declared in all respects in conformity with the provisions relating to bond elections. The notice must specify the amount of money pro…
N.D.C.C. § 61-09-20 How rate of special assessment determined
0.3K chars
The rate of assessment determined by a special election as provided in section 61-09-18 shall be ascertained and apportioned in the manner as provided in this chapter, specifically sections 61-09-01 through 61-09-03, for all special assessments which an irrigation district has th…
N.D.C.C. § 61-10-01 Change of district boundaries - Effect
0.7K chars
The boundaries of any irrigation district may be changed and tracts of land not included within the district may be added to the district, or tracts of land included within the boundaries of such district may be excluded from the district, in the manner prescribed in this chapter…
N.D.C.C. § 61-10-02 Petition for inclusion of land in district - Contents of petition
1.3K chars
The holder or holders of title, or evidence of title, and the secretary of the interior of the United States for unentered or public land, representing one-half or more of any body of lands which can be served by the irrigation system, and which, taken together, constitute one tr…
N.D.C.C. § 61-10-04 Hearing of petition on proposed change in boundaries - Assent of parties
0.0K chars
Repealed by S.L. 1959, ch. 410, § 15.
N.D.C.C. § 61-10-05 Payment of share of original cost by petitioners required
0.8K chars
The board to which a petition for the inclusion of lands into a district is presented may require, as a condition precedent to the granting of the same, that the petitioners severally shall pay to such district such respective amounts, as nearly as the same can be estimated, the …
N.D.C.C. § 61-10-08 Ordering of election - Notice, contents - Ballots, contents
0.0K chars
Repealed by S.L. 1959, ch. 410, § 15.
N.D.C.C. § 61-10-09 Result of election - Duty of board
0.0K chars
Repealed by S.L. 1959, ch. 410, § 15.
N.D.C.C. § 61-10-10 Copy of order changing boundaries filed with recorder - Effect
0.0K chars
Repealed by S.L. 1959, ch. 410, § 15.
N.D.C.C. § 61-10-11 Petition to be recorded by secretary - Evidence
0.7K chars
Repealed by S.L. 1959, ch. 410, § 15. 61-10-12. Authority of guardians, personal representatives, and conservators on proposal to change boundaries of district. A guardian, conservator, or personal representative who is appointed as such under the laws of this state, and who is t…
N.D.C.C. § 61-10-13 When redivision of district into divisions - Directors elected from
0.3K chars
Repealed by S.L. 1959, ch. 410, § 15. 61-10-14. Exclusion of land from district - Petition for - Contents - Description of lands in - Acknowledging. Repealed by S.L. 1959, ch. 410, § 15. 61-10-15. Notice of petition for exclusion of lands - Contents - Publishing or posting - Time…
N.D.C.C. § 61-10-16 Hearing petition and objections thereto - Assent of parties
0.0K chars
Repealed by S.L. 1983, ch. 680, § 58.
N.D.C.C. § 61-10-17 Power of board to deny or grant petition for exclusion of lands
0.3K chars
Repealed by S.L. 1959, ch. 410, § 15. 61-10-18. Bonds or improvement warrants outstanding - Resolution excluding from district - Assent to - Acknowledgment. Repealed by S.L. 1959, ch. 410, § 15. 61-10-19. Election ordered to determine exclusion of lands - Publishing and posting -…
N.D.C.C. § 61-10-20 Result of election - Survey ordered by board
0.0K chars
Repealed by S.L. 1959, ch. 410, § 15.
N.D.C.C. § 61-10-21 Filing copy of orders - Effect
0.6K chars
Repealed by S.L. 1959, ch. 410, § 15. 61-10-22. Effect of change on office of director upon exclusion of lands - Vacancy - How filled. If the lands excluded from any district shall embrace the greater portion of any division of such district, the office of director for such divis…
N.D.C.C. § 61-10-23 Redivision of district
0.0K chars
Repealed by S.L. 1959, ch. 410, § 15.
N.D.C.C. § 61-10-24 Refunding assessments to owners of lands excluded
0.0K chars
Repealed by S.L. 1957, ch. 380, § 2.
N.D.C.C. § 61-10-25 Notice of filing of petition and hearing thereof - Cost of proceedings
0.9K chars
The secretary of the board of directors shall cause notice of the filing of a petition for the inclusion of land in an irrigation district to be published in the manner provided for a regular election of the district. The notice shall state the name or names of petitioners, a des…
N.D.C.C. § 61-10-26 Hearing of petition - Assent of parties
0.8K chars
The board of directors of the district, at the time and place mentioned in the notice of hearing on the petition, or at such time to which the hearing of the petition may be adjourned, shall proceed to hear such petition and shall receive and consider all objections presented by …
N.D.C.C. § 61-10-27 Board may include lands in district
1.0K chars
If the board of directors deems a change in district boundaries to include any of the lands mentioned in the petition is not in the best interests of the district, the board shall reject the petition. If the board deems the change is in the best interest of the district, the boar…
N.D.C.C. § 61-10-28 Electors may object to inclusion of lands - Board may call an election
0.5K chars
If electors who together own or hold ten percent or more of the whole number of acres [hectares] in the district, subject to assessments for irrigation costs, at the hearing on the petition, object in writing to the inclusion of the lands therein mentioned, the board shall, by re…
N.D.C.C. § 61-10-29 Ordering of election - Notice - Conduct
1.0K chars
The board shall fix the time when such election shall be held. Notice of such election, describing the lands proposed for inclusion in the district, shall be given in the manner provided for a regular election of the district. Such election shall be held and conducted, the ballot…
N.D.C.C. § 61-10-30 Result of election - Duty of the board and secretary
0.9K chars
If a majority of the votes cast at the election are against the inclusion of the land described in the resolution of the board of directors, the board shall deny the petition and may not proceed in the matter. If a majority of the votes cast at the election are in favor of includ…
N.D.C.C. § 61-10-31 Redivision of district into divisions
0.6K chars
When lands are included in an irrigation district by means of the procedure described in this chapter, and if the district will contain after inclusion of the lands twenty thousand irrigable acres [8093.72 irrigable hectares] or more, at least thirty days before the next general …
N.D.C.C. § 61-10-32 Petition for exclusion of land from irrigation district - Bond - Contents
1.1K chars
The owner or owners of a tract or tracts of land in an irrigation district may file with the board of directors of the district a petition requesting that such tract or tracts of land be excluded from the district. The petition shall be accompanied by a sufficient bond conditione…
N.D.C.C. § 61-10-33 Notice of hearing of petition
0.9K chars
The secretary of the board of directors shall cause notice of the filing and hearing of a petition for exclusion of lands from an irrigation district to be published in the manner provided for a regular election of the district. The notice shall state the names of petitioners, th…
N.D.C.C. § 61-10-34 Board may grant or deny petition for exclusion of lands
3.0K chars
If after the hearing and after considering objections, if any, to exclusion of the lands or parts thereof mentioned in the petition, the board deems it not for the best interests of the district to exclude the lands mentioned in the petition or any part thereof, it shall deny the…
N.D.C.C. § 61-10-37 Result of election - Order excluding lands
0.7K chars
If at an election for exclusion of lands from an irrigation district, a majority of the votes cast are against exclusion, the board shall dismiss the petition and may not proceed in the matter. If a majority of the votes are in favor of excluding the lands from the district, the …
N.D.C.C. § 61-10-38 Elimination of divisions of district
0.4K chars
When lands are excluded from an irrigation district by means of the procedure described in this chapter, and if the district will contain less than twenty thousand irrigable acres [8093.72 irrigable hectares] after the exclusion of the lands, the board of directors shall issue an…
N.D.C.C. § 61-11-02 Notice of election for dissolution of district - Publication
0.3K chars
Notice that the question of the dissolution of the district and the sale of the district property as provided in section 61-11-01 will be submitted to the vote of the electors at a special election or at the next general district election, as the case may be, shall be given in th…
N.D.C.C. § 61-11-03 Ballots to be provided - Form
0.5K chars
The board shall provide printed ballots for an election held pursuant to the provisions of this chapter. Such ballots shall be substantially in the following form: The irrigation district of _________ County, North Dakota, shall be dissolved and its property sold: Yes ☐ No ☐ The …
N.D.C.C. § 61-11-04 Conduct of election - Canvassing and reporting result of election
6.0K chars
An election on the question of dissolution in all respects must be conducted, and the votes canvassed, in the same manner as provided for a regular election of the district. A certified copy of the statement of the election result by the district's board of directors and all ball…
N.D.C.C. § 61-11-11 Sale or transfer of property authorized
0.3K chars
In carrying out the provisions of this chapter, for the discontinuance of an irrigation district and the sale of its property and assets, the board may sell, transfer, and convey all of the irrigation works, franchises, and other property owned by the district to the purchaser th…
N.D.C.C. § 61-11-12 Liquidation of district indebtedness
1.0K chars
After the sale of the property and franchises of an irrigation district, the board, with the moneys realized from such sale together with such other funds as such district may have, shall make settlement, payment, and redemption of all outstanding bonded or other indebtedness of …
N.D.C.C. § 61-11-13 Sale does not affect vested water rights
0.5K chars
The sale of the irrigation works, franchises, and property of an irrigation district shall not affect or impair vested water rights, and the right to the use of water acquired under the laws of this state shall be assigned to the purchaser of the irrigation works of the district …
N.D.C.C. § 61-11-14 Sale does not affect or release assessment liens - Duty of county treasurer
1.5K chars
The sale of the property and franchises of an irrigation district shall not affect or release the lien of any assessment made by the district upon the lands therein, and such lien shall not be removed until such assessment is paid or the property sold for the payment thereof. The…
N.D.C.C. § 61-11-16 Surplus moneys of district - Disposal
0.4K chars
If a disorganized irrigation district shall have moneys in its treasury after the payment of all the debts and obligations of the district, such moneys shall be apportioned and paid to each landowner, who has paid fully all assessments against that landowner's land in the proport…
N.D.C.C. § 61-12-01 When improvements may be constructed
0.4K chars
Dams, gates, and necessary ditches and canals for the purpose of controlling, regulating, and forcing the overflow of water in non-navigable rivers or streams within this state may be established, constructed, and maintained in the several counties of the state under the provisio…