Title 61 — Waters
57 chapters · 825 sections in this title.
N.D.C.C. § 61-02-18 Application for irrigation project - Fees to accompany - Surveys made
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Upon application by any landowner, holder of any easement, or holder of any lease of five or more years' duration, or of any group or association of such landowners, easement holders, or leaseholders for an irrigation project, the commission shall make such preliminary engineerin…
N.D.C.C. § 61-02-22 Acquisition of necessary property and power of condemnation
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The commission has full power and authority to acquire by purchase or exchange, upon such terms and conditions as the commission determines necessary and proper, and by condemnation in accordance with and subject to chapter 32-15 and the provisions of all laws applicable to the c…
N.D.C.C. § 61-02-23 Actions to acquire property rights
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The commission shall have full power and authority: 1. To institute, maintain, and prosecute to final determination in any of the courts of this or any other state, or in any of the federal courts, any and all actions, suits, and special proceedings that may be necessary: a. To e…
N.D.C.C. § 61-02-23.1 Condemnation by the water commission
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Whenever a right of way is to be taken by condemnation proceedings for any purpose authorized by chapters 61-24.3 or 61-24.6, the commission may take possession of the right of way after making a written offer to purchase and depositing the amount of the offer with the clerk of t…
N.D.C.C. § 61-02-23.2 Devils Lake outlet - Eminent domain - Design and build construction
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In the construction of an outlet from Devils Lake, the commission: 1. Shall make a reasonable and diligent effort to acquire the property interests needed by negotiation. The commission is deemed to have made a reasonable and diligent effort if it has contacted or attempted to co…
N.D.C.C. § 61-02-24 Cooperation and coordination with entities
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1. The commission may investigate, plan, cooperate, and make all contracts or compacts necessary or requisite: a. With the United States and any department, agency, or officer thereof. b. With the states of Minnesota, South Dakota, Montana, and Wyoming, or any political subdivisi…
N.D.C.C. § 61-02-24.2 Payments in lieu of real estate taxes
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For land acquired for the Devils Lake project, the state water commission shall make payments in lieu of real estate taxes to the counties in which the property is located in the same manner and according to the same conditions and procedures as provided in chapter 57-02.1 for pa…
N.D.C.C. § 61-02-25 Duties of state agencies acting through interstate compacts or agreements
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Every state officer, department, board, and commission authorized by any law of this state to act upon or to be concerned with any interstate commission involving any interstate compact, or to act upon any foreign commission involving any foreign compact, or with any federal agen…
N.D.C.C. § 61-02-29 Commission to have full control over unappropriated public waters of state
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The commission shall have full control over all unappropriated public waters of the state, whether above or under the ground, for which it has filed a declaration of intention pursuant to section 61-02-30, to the extent necessary to fulfill the purposes of this chapter. 61-02-30.…
N.D.C.C. § 61-02-31 Priority of a water right dates from when
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Repealed by S.L. 1983, ch. 676, § 38. 61-02-32. Modification of plans by commission regarding project to appropriate waters - Filing declaration of intention. If the commission modifies its plans in connection with any proposed project for which the commission filed a declaration…
N.D.C.C. § 61-02-40 Authority of commission to extend and be applied to natural waters of state
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The authority of the commission conferred by the provisions of this chapter shall extend and be applied to any right to the natural flow of the waters of this state which it may acquire by condemnation, purchase, exchange, appropriation, or agreement.
N.D.C.C. § 61-02-41 Surveys for the diversion of waters
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For the purpose of regulating the diversion of the natural flow of waters, employees of the department of water resources may enter upon the means and place of use of all appropriators for the purpose of making surveys of respective rights and seasonal needs. 61-02-42. Commission…
N.D.C.C. § 61-02-47 When bonds to mature - Callable before maturity
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The bonds which may be issued by the commission shall mature at such time or times, either serially or at one time, in not more than forty years from their date, or dates, as may be fixed by the resolution of the commission, but may be made callable before maturity, if so stated …
N.D.C.C. § 61-02-50 Bonds issued are negotiable
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Repealed by S.L. 1983, ch. 676, § 38.
N.D.C.C. § 61-02-51 How bonds may be secured
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The bonds provided for in this chapter may be secured by works or lands, and the income derived therefrom, and other funds as the commission may pledge, and the funds received from the sale or disposal of water and from the operation, lease, sale, or other disposition of the work…
N.D.C.C. § 61-02-52 Commission may provide for registration of bonds
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Provision may be made by the commission for the registration of any of the bonds as provided by chapter 21-03.1.
N.D.C.C. § 61-02-53 Issuance and sale of bonds - Proceeds from sale - Use
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The bonds authorized under this chapter may be issued and sold from time to time and in amounts determined by the commission. The commission may, subject to the provisions of section 61-02-48, provide for the sale of the bonds in such manner and for such price as it may determine…
N.D.C.C. § 61-02-54 Resolution providing for issuance of bonds
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Each resolution providing for the issuance of bonds provided for in this chapter shall set forth the purpose or purposes for which the bonds are to be issued, the provisions for the payment of the bonds, and the revenues or other funds pledged to secure the payment of the bonds.
N.D.C.C. § 61-02-55 Issuance of temporary bonds
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Prior to the preparation of definitive bonds, the commission may issue or provide for the issuance of temporary bonds, exchangeable for definitive bonds when the definitive bonds have been executed and are available for delivery. Temporary bonds may be issued without any other pr…
N.D.C.C. § 61-02-56 Bond guaranty or insurance - Method
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Whenever the commission shall find it necessary to insure or guarantee the payment of all or a part of the principal or interest of any series of bonds, it may enter into an agreement to place under trust indenture or agree to deposit in a trust fund moneys now or hereafter appro…
N.D.C.C. § 61-02-58 Lien upon bond proceeds
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All moneys received from bonds of any series issued pursuant to this chapter shall be used solely for the purpose of paying the cost of the works or projects for the construction of which the bonds have been issued, or for the purpose of paying costs of issuance, interest during …
N.D.C.C. § 61-02-59 Series of bonds may be secured by trust indenture
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In the discretion of the commission, any series of bonds may be secured by a trust indenture by and between the commission and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or outside of the state.
N.D.C.C. § 61-02-60 Trust indentures - Where filed - Filing constitutes constructive notice
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Each trust indenture, or an executed counterpart thereof, shall be filed in the office of the secretary of state. The filing of a trust indenture, or an executed counterpart thereof, in the office of the recorder of the county in which the property covered by said trust indenture…
N.D.C.C. § 61-02-62 Powers of commission in issuance of bonds
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In connection with the issuance of any bonds for the purpose of paying in whole or in part, or as supplemented by a grant from the United States or any instrumentality or agency thereof, the cost of any works or project, or in order to secure the payment of the bonds, the commiss…
N.D.C.C. § 61-02-64 Fund created by commission - Depository
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The commission shall have a fund to be known as the "contract fund". The moneys in the contract fund shall be deposited in the state treasury. The contract fund shall have such accounts as the commission may determine. The use or disposition of such accounts, including the pledgi…
N.D.C.C. § 61-02-65 Commission to have complete system of accounting - Contents
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The commission shall have a complete system of accounting to show the total expenditure of and investment in each project and the total revenue derived therefrom and shall prepare periodic reports giving the financial statement of each project and the status of all projects toget…
N.D.C.C. § 61-02-66 Construction fund - Contents - Disbursements - Surplus remaining
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Repealed by S.L. 1995, ch. 588, § 18.
N.D.C.C. § 61-02-67 Revenue bond payment fund - Contents
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Repealed by S.L. 1995, ch. 588, § 18.
N.D.C.C. § 61-02-67.1 Revenues and funds available to pay bonds
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Bonds issued under this chapter are payable solely from: 1. Revenues to be received by the commission from the operation of a works financed with the bonds. 2. Any other revenues available to the commission. 61-02-68. State treasurer to pay interest on bonds - Redemption of bonds…
N.D.C.C. § 61-02-68.10 Execution and attestation of interim financing notes - Sale
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The interim financing notes must be executed by the chairman or the vice chairman of the commission and attested by the signature of the director of the department of water resources. The signature of the chairman or vice chairman, and the director, and any other signatures on ap…
N.D.C.C. § 61-02-68.11 Bond provisions applicable to interim financing notes
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The provisions of sections 61-02-49, 61-02-59, 61-02-60, 61-02-61, 61-02-62, and 61-02-65, relating to bonds also apply to notes issued pursuant to section 61-02-68.1. 61-02-68.12. Interim financing notes or guarantees not a state obligation - Payment restricted to revenues - Not…
N.D.C.C. § 61-02-68.13 Interim financing notes as legal investments and security
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Notwithstanding any restrictions contained in any other law, this state and all public officers, boards and agencies, and political subdivisions and agencies thereof, all national banking associations, state banks, trust companies, savings banks and institutions, savings and loan…
N.D.C.C. § 61-02-68.14 Guarantee issued by commission
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The commission may guarantee evidences of indebtedness issued or other obligations undertaken by the owners of water projects eligible to receive municipal, rural, and industrial water supply funds pursuant to Pub. L. 99-294 [100 Stat. 418], or evidences of indebtedness issued or…
N.D.C.C. § 61-02-68.15 Pledges
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The commission may pledge the municipal, rural, and industrial water supply funds authorized by Pub. L. 99-294 [100 Stat. 418] as security for a guarantee or note. A pledge is valid and binding whenever the pledge is made. The revenues or other moneys pledged and thereafter recei…
N.D.C.C. § 61-02-68.16 Reserve fund
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1. The commission shall establish and maintain a reserve fund in which there must be deposited all moneys appropriated by the legislative assembly for the purpose of the fund, all proceeds of notes issued or guaranteed by the commission required to be deposited in the fund by ter…
N.D.C.C. § 61-02-68.17 Additional reserves and funds
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The commission may establish additional and further reserves or other funds or accounts as may be necessary, desirable, or convenient to further the accomplishment of the purposes of the commission to comply with the provisions of an agreement made by or a resolution of the commi…
N.D.C.C. § 61-02-68.18 Protection of service during term of guarantee or loan
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1. The service provided or made available by owners of water projects through the construction or acquisition of an improvement, or the improvement revenues, financed in whole or in part with a guarantee or loan to the owners of water projects from the commission or any other sta…
N.D.C.C. § 61-02-68.3 Interim financing - Proper authority required
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Before entering into any loan agreement under section 61-02-68.2, the commission shall be satisfied by opinion of the attorney general, by an examination of relevant charters, resolutions, minutes, and other documents, or by other sufficient means that the owner or owners receivi…
N.D.C.C. § 61-02-68.4 Interim financing - Independent review of feasibility of project
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Before issuing any interim financing notes pursuant to section 61-02-68.1, the commission shall conduct a review of the feasibility of the project or works to ensure that projected water consumption, operating costs, construction costs, revenues, and other statistics are reliable…
N.D.C.C. § 61-02-68.6 Terms of interim financing notes - Extension of maturity dates
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Any resolution authorizing the issuance of interim financing notes shall specify the principal amount, rate of interest, and maturity date, but not to exceed three years from the date of issue, and such other terms as may be specified in such resolutions. The time of payment of a…
N.D.C.C. § 61-02-68.7 Pledge of revenues to secure interim financing notes
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All interim financing notes and the interest thereon must be secured by a pledge of, and be payable from, any grant or loan to be made by an agency or instrumentality of the United States government or the state of North Dakota, as specified in section 61-02-68.2, and in connecti…
N.D.C.C. § 61-02-68.8 Additional covenants and conditions to secure interim financing notes
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The commission, in order to further secure the payment of the interim financing notes, is authorized and empowered to make any other or additional covenants, terms, and conditions, and to do and perform such acts as may be necessary, convenient, or desirable in order to secure pa…
N.D.C.C. § 61-02-69 Property of commission exempt from taxation
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All the property of the commission shall be exempt from taxation.
N.D.C.C. § 61-02-70 Expenses paid from administrative fund
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Repealed by S.L. 1965, ch. 447, § 24.
N.D.C.C. § 61-02-71 Commission may accept and receive appropriations and contributions
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The commission may receive and accept appropriations and contributions from any source, either of money or property or things of value, to be held, used, and applied for the purposes provided for in this chapter. 61-02-72. Revenue bonds of commission are legal and valid investmen…
N.D.C.C. § 61-02-73 Construction of chapter
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Nothing contained in this chapter shall be deemed to interfere with any vested rights to the use of water. This chapter being necessary for the welfare of the state and its citizens, it shall be construed liberally to effect the purposes thereof.
N.D.C.C. § 61-02-74 Certain moneys to be deposited in general fund
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Repealed by S.L. 1971, ch. 587, § 1.
N.D.C.C. § 61-02-75 Hearing witnesses - Subpoena - Oath - Fees
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Repealed by S.L. 1987, ch. 739, § 1.
N.D.C.C. § 61-02-76 Hearing - Appeals from decision of commission
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Except as more specifically provided in this title, any person aggrieved because of any action or decision of the commission under the provisions of this title has the right to a hearing by the commission if no hearing on the matter resulting in the action or decision has been he…
N.D.C.C. § 61-02-78 Infrastructure revolving loan fund - Continuing appropriation - Rules
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Repealed by S.L. 2021, ch. 80, § 6.