Title 61 — Waters

57 chapters · 825 sections in this title.

825 sectionsFiltered byTitle 61

N.D.C.C. § 61-14-07 Unlawful interference with rights to use of water - Penalty
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Any person interfering with or injuring or destroying any headgate, weir, benchmark, well, or other appliance or works for the appropriation, diversion, storage, apportionment, or measurement of water, or for any hydrographic or hydrologic surveys, or interfering with any person …
N.D.C.C. § 61-14-08 Unlawful use of water and waste - Penalty
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The unauthorized use of water to which another person is entitled, or the willful waste of water to the detriment of another, shall be unlawful. It also shall be unlawful to begin or carry on any construction of works for storing or carrying water until after the issuance of a pe…
N.D.C.C. § 61-14-09 Bridges over ditches or canals - Penalty
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The owner of any ditch, canal, or other structure for storing or carrying water shall construct and maintain a bridge where the same crosses any highway or publicly traveled road, in accordance with the requirements of the state agency or political subdivision which has control o…
N.D.C.C. § 61-14-10 Obstructing works unlawful
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Whenever any appropriator of water has the right of way for the storage, diversion, or carriage of water, it shall be unlawful to place or maintain any obstruction which shall interfere with the use of the works or prevent convenient access thereto.
N.D.C.C. § 61-14-11 Penalty
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If no penalty is provided specifically, any violation of the provisions of this chapter, declared herein to be unlawful, shall be a class B misdemeanor.
N.D.C.C. § 61-14-12 Liens on land
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All liens on land, provided for in chapter 61-09, shall be superior in right to all mortgages or other encumbrances placed upon the land and the water appurtenant thereto or used in connection therewith.
N.D.C.C. § 61-14-13 Seepage water
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A person wishing to use seepage water from a constructed works shall apply to the department of water resources for the use in the same manner as applying for a permit to use unappropriated water and shall pay to the owner of the works a reasonable charge for the storage or carri…
N.D.C.C. § 61-14-14 Disposition of state lands
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No lands belonging to the state, within the areas to be irrigated from works constructed or controlled by the United States, or its duly authorized agencies, shall be sold except in conformity with the classification of farm units by the United States, and the title to such lands…
N.D.C.C. § 61-14-15 Unauthorized diversion of water from irrigation ditches
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It is unlawful for any person to divert any of the water from any irrigation works in this state without first having obtained the permission of the owner of the works or of the person or persons lawfully in charge thereof.
N.D.C.C. § 61-14-16 Willfully allowing water to flow or fall upon roadway prohibited - Penalty
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No person may place, erect, or operate a sprinkler irrigation system, center pivot irrigation system, or other irrigation works or equipment upon or across any highway, street, or road or in such a manner as to willfully allow water from the irrigation works or equipment to flow …
N.D.C.C. § 61-15-01 Definitions
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Repealed by S.L. 2013, ch. 481, § 2.
N.D.C.C. § 61-15-02 Control of water and wildlife conservation projects vested in state
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Repealed by S.L. 2013, ch. 481, § 2.
N.D.C.C. § 61-15-03 Water and wildlife conservation projects - Supervision
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The authority, control, and supervision of all water and wildlife conservation projects and wildlife reservations is vested in the department of water resources. The department may accept cooperation, aid, and assistance from the United States of America, its instrumentalities or…
N.D.C.C. § 61-15-04 Easements to United States of America for water and wildlife conservation
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An easement may be granted to the United States, its instrumentalities or agencies, over all lands now owned or hereafter acquired by the state of North Dakota for rights of way for ditches, dams, dikes, fills, spillways, or other structures now constructed or to be constructed f…
N.D.C.C. § 61-15-07 Water and wildlife conservation projects not to diminish value of land
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Repealed by S.L. 1963, ch. 417, § 26.
N.D.C.C. § 61-15-08 Drainage of meandered lake - Penalty
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Repealed by S.L. 2013, ch. 481, § 2.
N.D.C.C. § 61-15-09 Conservation of lakes and streams of Turtle Mountain region
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The department of water resources shall take any necessary action to conserve the water levels and rehabilitate the streams and brooks in the Turtle Mountain region of North Dakota lying in Bottineau and Rolette Counties.
N.D.C.C. § 61-15-10 Permitting municipal corporations to dam Red River of the North
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Any municipality owning or permanently controlling land upon which a proposed dam is to be constructed may construct a dam thereon and across that portion of the Red River of the North which forms a part of the boundary common to the state of North Dakota and the state of Minneso…
N.D.C.C. § 61-15-11 Wild and scenic rivers
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1. Before a political subdivision engages in meetings with federal agencies to have any waterbody in the state designated a wild, scenic, or recreational river under the Wild and Scenic Rivers Act [16 U.S.C. 1271, et seq.] the political subdivision must notify the: a. Director of…
N.D.C.C. § 61-16-01 Definitions
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Repealed by S.L. 1981, ch. 632, § 11. 61-16-02. Petition for establishment of water conservation and flood control district - Hearing thereon and investigation - District when created. Repealed by S.L. 1973, ch. 500, § 13.
N.D.C.C. § 61-16-03 Bond to accompany petition for district - When - Exception
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Repealed by S.L. 1973, ch. 500, § 13.
N.D.C.C. § 61-16-04 Resolution of governing body of public corporation filed with commission
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Repealed by S.L. 1973, ch. 500, § 13.
N.D.C.C. § 61-16-05 Water resource districts - Area to be included
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All land in North Dakota shall be within a water resource district.
N.D.C.C. § 61-16-06 Order creating water resource district
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A certified copy of the order creating a water resource district shall be filed with the county auditor of each county within the district. A like copy of the order shall be filed with the secretary of state. The secretary of state shall issue to the state water commission a cert…
N.D.C.C. § 61-16-06.1 Consolidation of water resource districts
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1. Any two or more water resource districts may be consolidated into a single district, or existing districts may be adjusted to reflect watershed boundaries, as determined by the department of water resources, by filing with the state water commission a petition signed by a majo…
N.D.C.C. § 61-16-07 Water resource board - Appointment and number
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When a water resource district has been created, and the state water commission has filed notice with the county auditor of a county where the district or a part thereof is situated, a water resource board shall be appointed within ninety days, as provided herein. If the district…
N.D.C.C. § 61-16-10 Bonds of treasurer and appointive officers
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Repealed by S.L. 1981, ch. 632, § 11.
N.D.C.C. § 61-16-11 Powers and duties of board of commissioners
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Repealed by S.L. 1981, ch. 632, § 11.
N.D.C.C. § 61-16-11.1 Joint exercise of powers
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Repealed by S.L. 1981, ch. 632, § 11.
N.D.C.C. § 61-16-12 District budget - Tax levy - Financing by special assessment
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Repealed by S.L. 1981, ch. 632, § 11. 61-16-13. District may issue warrants in anticipation of taxes levied to pay current expenses. Repealed by S.L. 1981, ch. 632, § 11. 61-16-14. County treasurer to collect and remit taxes to district treasurer - Deposit of district funds. Repe…
N.D.C.C. § 61-16-19.1 Contracts for construction or maintenance of project
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Repealed by S.L. 1981, ch. 632, § 11. 61-16-20. Exemption of federal agencies from provisions of chapter - Purpose of chapter. Repealed by S.L. 1969, ch. 545, § 5. 61-16-21. Financing project through special assessments or partly through general taxes and partly through special a…
N.D.C.C. § 61-16-22 Financing of special improvements - Procedure
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Repealed by S.L. 1981, ch. 632, § 11. 61-16-23. Resolution of board to include provision for protesting and refusing authority to make general tax levy in certain cases - Election to be held. Repealed by S.L. 1981, ch. 632, § 11.
N.D.C.C. § 61-16-24 When assessments may be made
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Repealed by S.L. 1981, ch. 632, § 11.
N.D.C.C. § 61-16-25 Assessment lists
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Repealed by S.L. 1981, ch. 632, § 11. 61-16-26. Assessment list to be prepared - Contents - Certificate attached to assessment list - Preparation of assessment list and notice of hearing of objection to list - Alteration of assessments at hearing - Limitations - Confirmation of a…
N.D.C.C. § 61-16-26.1 Reassessment of benefits
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Repealed by S.L. 1981, ch. 632, § 11. 61-16-27. Correction of errors, and mistakes in special assessments - Regulations governing. Repealed by S.L. 1981, ch. 632, § 11.
N.D.C.C. § 61-16-28 Certification of assessments to county auditor
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Repealed by S.L. 1981, ch. 632, § 11. 61-16-28.1. Removal of an obstruction to a drain - Notice and hearing - Appeal - Injunction - Definition. Repealed by S.L. 1981, ch. 632, § 11. 61-16-29. Extension of special assessments on tax lists - Collection - Payment to water management…
N.D.C.C. § 61-16-30 Lien of special assessment
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Repealed by S.L. 1981, ch. 632, § 11. 61-16-31. Sale of property when general and special assessment taxes are delinquent. Repealed by S.L. 1981, ch. 632, § 11.
N.D.C.C. § 61-16-32 Warrants - Issuance - When payable - Amounts - Interest - Interest coupons
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Repealed by S.L. 1981, ch. 632, § 11. 61-16-33. Warrants may be used in making payments on contract - Warrants payable out of fund on which drawn - May be used to pay special assessments. Repealed by S.L. 1981, ch. 632, § 11. 61-16-34. Refunding special assessment warrants - Purp…
N.D.C.C. § 61-16-34.1 Refunding outstanding refunding warrants - Terms and conditions
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Repealed by S.L. 1981, ch. 632, § 11.
N.D.C.C. § 61-16-35 Financial reports - Liability for deficiencies
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Repealed by S.L. 1981, ch. 632, § 11. 61-16-36. Appeal from decision of commission or board of commissioners - Undertaking - Jurisdiction. Repealed by S.L. 1981, ch. 632, § 11. 61-16-37. Appeal from decision of commission or board of commissioners - How to be taken. Repealed by S…
N.D.C.C. § 61-16-38 Time for taking appeal from commission or board of commissioners
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Repealed by S.L. 1981, ch. 632, § 11. 61-16-39. Filing appeal - Docketing and hearing appeals - Final judgment and sending back. Repealed by S.L. 1981, ch. 632, § 11. 61-16-40. State's attorney and attorney general to assist boards - Employment of counsel. Repealed by S.L. 1981, …
N.D.C.C. § 61-16-41 Construction of bridges and culverts - Cost
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Repealed by S.L. 1963, ch. 421, § 22.
N.D.C.C. § 61-16-42 How district may be dissolved or land excluded therefrom
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Repealed by S.L. 1973, ch. 500, § 13. 61-16-43. Proceedings to judicially confirm contracts, special assessments and other acts. Repealed by S.L. 1981, ch. 632, § 11.
N.D.C.C. § 61-16-44 Penalty for violation of chapter
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Repealed by S.L. 1981, ch. 632, § 11. 61-16-45. Validating organization and acts of water conservation and flood control districts. Repealed by S.L. 1983, ch. 82, § 154.
N.D.C.C. § 61-16-46 Drains along and across public roads and railroads
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Repealed by S.L. 1981, ch. 632, § 11.
N.D.C.C. § 61-16-47 Construction of bridges and culverts - Costs
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Repealed by S.L. 1981, ch. 632, § 11.
N.D.C.C. § 61-16-47.1 Culvert and pipe arch bids and acceptance
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Repealed by S.L. 1983, ch. 82, § 154.
N.D.C.C. § 61-16-48 Consolidation of water management districts
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Repealed by S.L. 1981, ch. 632, § 11.
N.D.C.C. § 61-16-49 Division of a water management district
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Repealed by S.L. 1981, ch. 632, § 11.
N.D.C.C. § 61-16-50 Closing a noncomplying drain - Notice and hearing - Appeal - Injunction
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Repealed by S.L. 1981, ch. 632, § 11. 61-16-51. Closing a noncomplying dike or dam - Notice and hearing - Appeal - Injunction. Repealed by S.L. 1981, ch. 632, § 11.