Title 61 — Waters

Every person, stock company, association, corporation, or limited liability company that shall drill an artesian or flowing well shall comply with the rules of the department of water resources regarding such activity.

The provisions of this chapter apply to a wild well, or a well out of control, except if it is determined by the department of water resources the well cannot be repaired for use, no valve may be attached, but every effort must be made by the owner to seal, plug, or cut off the w…

The owner or person in control of an artesian or flowing well, who: 1. Allows it to flow without a valve or other device for checking the flow as required by law, or without proper repair of pipes and valves; 2. Interferes with the well, valve, or other device; 3. Permits the wat…

The department of water resources shall advise the citizens of the state as to the practicability of measures affecting the underground waters of this state by: 1. Counseling, consulting, and assisting the owner to work out the most desirable control and use of the owner's well. …

The provisions of this chapter must be enforced by the department of water resources. The department may issue administrative orders requiring compliance with this chapter. An appeal from a ruling of the department may be taken under the provisions of chapter 28-32.

Repealed by S.L. 1965, ch. 447, § 24.

The "Garrison Diversion Conservancy District", hereinafter referred to as the "district" consists of that part of the state that is included within the boundaries of the following counties: Barnes, Benson, Bottineau, Burleigh, Cass, Dickey, Eddy, Foster, Grand Forks, Griggs, LaMo…

A director of the Garrison Diversion Conservancy District must be nominated and elected in each county in the district. Any person who is a resident and qualified elector of the county who aspires to the office of director of the Garrison Diversion Conservancy District shall, bef…

Whenever a vacancy exists on a general election no-party ballot for any directorship of the Garrison Diversion Conservancy District, the vacancy may be filled by filing with the county auditor at least sixty-four days before the day of the election and not later than four p.m. of…

Each member of the board of directors of the district is entitled to receive as compensation from the district an amount determined by the board of directors not to exceed the amount provided for members of the legislative management under section 54-35-10 per day and must be rei…

Each member of the board of directors of the district shall hold office for a term of three years, and until the successor in office has been appointed and qualified, provided, that one-third of the board first appointed shall hold office for a term of three years, one-third for …

The board of directors of the Garrison Diversion Conservancy District shall have the power: 1. To sue and be sued in the name of the district. 2. To exercise the power of eminent domain in the manner provided by title 32 for the purpose of acquiring and securing any right, title,…

Immediately after completion of the budget and the adoption of the annual tax levy by the board of directors of the district, but not later than October first, the secretary of the district shall send one certified copy of the levy as adopted and one certified copy of the budget …

The county auditor of each county in the district shall extend the levy upon the tax list of the county for the current year against each description of real property and all personal property within the county in the same manner and with the same effect as other taxes are extend…

The treasurer of each county in the district shall collect all district taxes, together with interest and penalty thereon, if any, in the same manner as the general taxes are collected, and shall pay over to the treasurer of the Garrison Diversion Conservancy District, on the fir…

After any such contract shall have been duly executed, as herein provided, the board of directors shall, in accordance with the provisions of such contract, adopt a resolution that a tax be assessed and levied upon all the taxable property in the district. Such tax shall be withi…

The board of directors of the Garrison Diversion Conservancy District, after entering into a contract with the United States government or with any public corporation of the state of North Dakota, may commence a special proceeding in and by which the proceedings of the board and …

1. Any county in the conservancy district not benefited or not to be benefited, in whole or in part, by the establishment of the Garrison diversion unit of the Missouri River basin project as authorized by Act of Congress, approved December 22, 1944 [58 Stat. 887], and acts amend…

An appeal from an order of the board of directors of the conservancy district denying a petition for exclusion may be taken to the district court of the petitioning county. The appeal must be taken in accordance with the procedure provided in section 28-34-01. The appeal must be …

The district's use of the permanent easement property is restricted solely to the construction, operation, and maintenance of facilities authorized by law. The district may not rent, sell, or assign the rights to a permanent easement, except may reserve the right to assign the pe…

The district shall distribute water to irrigators purchasing water from the district in amounts that are consistent with the determinations of the director of the agricultural experiment station for best management practices in the farming of the applicable land.

1. The issuance of revenue bonds or refunding bonds must be authorized by a resolution of the board adopted after appropriate notice by the affirmative vote of a majority of the board. Unless otherwise provided in the resolution, the resolution under this section takes effect imm…

The resolution authorizing the issuance of revenue bonds or refunding bonds under this chapter or resolutions adopted after adoption of the original resolution must prescribe: 1. The rates of interest, or if an interest rate is variable, the method for calculating the interest ra…

Revenue bonds or refunding bonds may be sold at public or private sale on any terms as the board deems appropriate.

Pending the issuance of bonds, bond anticipation notes may be issued and sold in the form and with the provisions determined by the district.

Bond anticipation notes, revenue bonds, or refunding bonds bearing the manual or facsimile signatures of the appropriate officers who are in office on the date of signing are valid and binding obligations notwithstanding that before the delivery and payment any or all of the indi…

Notwithstanding any other provision of law, the state and all public officers, boards, and agencies, and political subdivisions and agencies of the state, including the public finance authority, all national banking associations, state banks, trust companies, savings banks and in…

Bond anticipation notes, revenue bonds, and refunding bonds issued under this chapter may not be payable from or charged upon any funds other than the revenue pledged to the bond's payment and the district's notes and bonds may not be subject to any pecuniary liability. The holde…

1. To adequately secure the payment of bonds and interest on the bonds, the district and its officers, agents, and employees shall: a. Pay or cause to be paid punctually the principal and interest of every bond on the dates, at the places, in the manner, and out of the funds prov…

1. Subject to any contractual limitations binding upon the holders of any issue of bonds, or a trustee for the holders, including the restriction of the exercise of any remedy to a specified proportion or percentage of the holders, any holder of bonds or trustee, for the equal be…

Notwithstanding any other provision of law, the state and all public officers, boards, and agencies, and political subdivisions and agencies of the state, all national banking associations, state banks, trust companies, savings banks and institutions, savings and loan association…

The governing body of any city or the board of commissioners of any water resource district desiring to use an existing drain under the jurisdiction of the county board of drainage commissioners, with or without modification, as a watercourse or channel to provide a water supply …

Upon receipt of an application, the board of drain commissioners shall call and give notice of a public hearing, in the manner provided for hearing on a petition to establish a drain, and at such hearing shall receive all evidence and opinions offered for or against the applicati…

All moneys paid pursuant to such agreement shall be paid into the county treasury and be credited to the drain fund of such drain. In the discretion of the board of drain commissioners, the amount received in payment of proportionate share of original cost of such drain which wil…

It is hereby declared to be the policy of the state of North Dakota to act in the public interest to protect, maintain, and improve the quality of the waters in the state for continued use as public and private water supplies, propagation of wildlife, fish and aquatic life, and f…

As used in this chapter, unless the context otherwise requires: 1. "Council" means the environmental review advisory council. 2. "Department" means the department of environmental quality. 3. "Discharge" means the addition of any waste to state waters from any point source. 4. "D…

Repealed by S.L. 2017, ch. 199, § 74.

The department shall have and may exercise the following powers and duties: 1. To exercise general supervision of the administration and enforcement of this chapter and all rules and regulations and orders promulgated thereunder. 2. To develop comprehensive programs for the preve…

1. A person engaging in the business of servicing septic systems must have a permit issued by the department and must comply with the conditions imposed by the permit. 2. The department shall administer and enforce a permitting program for septic system servicers and has the foll…

Repealed by S.L. 2017, ch. 199, § 74.

1. It shall be unlawful for any person: a. To cause pollution of any waters of the state or to place or cause to be placed any wastes in a location where they are likely to cause pollution of any waters of the state; and b. To discharge any wastes into any waters of the state or …

The department by rule may prescribe and provide for the payment and collection of reasonable fees for the issuance and renewals of permits, licenses, and approvals to discharge sewage, industrial wastes, or other wastes into state waters. The permit fees must be based on the ant…

Any proceeding under this chapter for issuance or modification of rules, including emergency orders relating to control of water pollution or for determining compliance with or violation of this chapter, or adoption of any rule or order under this chapter by the department, must …

1. Any person who willfully violates this chapter, or any permit condition, rule, order, limitation, or other applicable requirement implementing this chapter, is subject to a fine of not more than ten thousand dollars per day per violation, or by imprisonment for not more than o…

1. An action may not be brought under either chapter 32-40 or 61-28 against an owner or operator of a water transfer used to control flooding for violation of the state's water pollution control laws if the water transfer: a. Does not require a national pollutant discharge elimin…

This chapter may be cited as the Little Missouri State Scenic River Act.

The purpose of this chapter shall be to preserve the Little Missouri River as nearly as possible in its present state, which shall mean that the river will be maintained in a free-flowing natural condition, and to establish a Little Missouri River commission.

For the purposes of this chapter, unless the context otherwise indicates: 1. "Free-flowing" shall mean existing or flowing in a natural condition without impoundment, diversion, straightening, or other modification of the waterway. 2. "Little Missouri River" means the river comme…

This chapter must be administered by a Little Missouri River commission composed of the director of the parks and recreation department, the director of the department of environmental quality, the director of the department of water resources, or their designated representatives…

The commission may advise local or other units of government to afford the protection adequate to maintain the scenic, historic, and recreational qualities of the Little Missouri River and its tributary streams. The commission shall also have the power and duties of promulgating …