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North Dakota Statutes, Title 61

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North Dakota/Statutes

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Title 61, Waters

57 chapters · 953 sections in this title.

All chapters in Title 61953 Ch 61-35, Water Districts108 Ch 61-02, Water Commission106 Ch 61-16.1, Operation of Water Resource Districts76 Ch 61-12, Flood Irrigation Projects48 Ch 61-24.8, Garrison Diversion Conservancy Distr…41 Ch 61-04, Appropriation of Water40 Ch 61-04.1, Weather Modification36 Ch 61-24, Garrison Diversion Conservancy District34 Ch 61-07, Powers of Irrigation Districts33 Ch 61-08, Fiscal Affairs of Irrigation Districts29 Ch 61-03, State Engineer28 Ch 61-06, Government of Irrigation Districts23 Ch 61-24.3, Southwest Pipeline Project23 Ch 61-01, General Provisions22

953 sections·Filtered byTitle 61✕

N.D.C.C. § 61-31-04 Duties of landowner
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In the agreement between the commissioner and a landowner, the landowner shall agree: 1. To place in the program for the period of the agreement eligible wetland areas, together with such adjacent areas as determined desirable by the commissioner. These wetlands and adjacent area…
N.D.C.C. § 61-31-05 Duties of commissioner
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In return for the agreement of the landowner, the commissioner shall: 1. Make an annual payment to the landowner for the period of the agreement at the rate determined by the commissioner to be fair and reasonable in consideration of the obligations undertaken by the landowner. I…
N.D.C.C. § 61-31-06 Renewal of agreement - Transfer of lands
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Any agreement may be renewed or extended at the end of the agreement period for an additional period of five or ten years by mutual agreement of the commissioner and the landowner, subject to any rate redetermination by the commissioner. If during the agreement period the landown…
N.D.C.C. § 61-31-07 Termination of agreement
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The commissioner may terminate or amend any agreement by mutual agreement with the landowner if the commissioner determines that the termination would be in the public interest.

Showing 501–550 of 953

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N.D.C.C. § 61-31-08 Conservation and development practices

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For the purpose and implementation of wetland conservation and development plans as provided in sections 61-31-04 and 61-31-05, the commissioner has authority to enter into agreements with the director of the game and fish department for any assistance which may be appropriate an…

N.D.C.C. § 61-31-10 Authorization for receipt of funds - Continuing appropriation

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The commissioner is authorized to receive funds for this program from any private or public source, and is also authorized to receive any funds from any North Dakota state agency, which have been specifically authorized for that purpose by the legislative assembly. The commission…

N.D.C.C. § 61-32-03 Permit to drain waters required - Penalty

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Any person, before draining a pond, slough, lake, or sheetwater, or any series thereof, which has a watershed area comprising eighty acres [32.37 hectares] or more, shall first secure a permit to do so. The permit application must be submitted to the department of water resources…

N.D.C.C. § 61-32-03.1 Permit to drain subsurface waters required - Permit form - Penalty

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1. Installation of a subsurface water management system comprising eighty acres [32.37 hectares] of land area or more requires a permit. A person that violates this section is guilty of an infraction. Subsurface water management systems that use surface intakes or lift stations m…

N.D.C.C. § 61-32-03.3 Smaller subsurface water management systems - Notification and conditions - Penalty

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1. A person may not install a subsurface water management system comprising less than eighty acres [32.37 hectares] of land area until the person has notified the board of the water resource district within which is found a majority of the land area of the system of the following…

N.D.C.C. § 61-32-07 Closing a noncomplying drain - Notice and hearing - Appeal - Injunction - Frivolous complaints

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1. Only a landowner experiencing flooding or adverse effects from an unauthorized drain constructed before January 1, 1975, may file a complaint with the water resource board. Any person may file a complaint about an unauthorized drain constructed after January 1, 1975. Upon rece…

N.D.C.C. § 61-32-08 Appeal of board decisions - Department of water resources review - Closing of noncomplying drains

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1. The board shall make the decision required by section 61-32-07 within a reasonable time, but not to exceed one hundred twenty days, after receiving the complaint. The board shall notify all parties of its decision by certified mail. Any aggrieved party may appeal the board's d…

N.D.C.C. § 61-32-10 Exemption

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The wetland replacement requirements of sections 61-32-01 through 61-32-11 do not apply to surface coal mining operations until reclamation of the wetland area begins pursuant to chapter 38-14.1.

N.D.C.C. § 61-33-01 Definitions

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As used in this chapter, unless the context otherwise requires: 1. "Board" means the sovereign lands advisory board. 2. "Board of university and school lands" means that entity created by section 15-01-01. 3. "Navigable waters" means waters that were in fact navigable at the time…

N.D.C.C. § 61-33-01.1 Ordinary high water mark determination - Factors to be considered

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The department of water resources shall maintain ordinary high water mark delineation guidelines consistent with this section. 1. When determining the ordinary high water mark for delineating the boundary of sovereign lands, vegetation and soils analysis must be considered the pr…

N.D.C.C. § 61-33-02 Administration of sovereign lands

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All sovereign lands of the state must be administered by the department of water resources and the board of university and school lands subject to the provisions of this chapter. Lands managed pursuant to this chapter are not subject to leasing provisions found elsewhere in this …

N.D.C.C. § 61-33-03 Transfer of possessory interests in real property

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All possessory interests now owned or that may be acquired except oil, gas, and related hydrocarbons, in the sovereign lands of the state owned or controlled by the state or any of its officers, departments, or the Bank of North Dakota, together with any future increments, are tr…

N.D.C.C. § 61-33-04 Existing contracts and encumbrances recognized

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The transfers made by this chapter are subject to all existing contracts, rights, easements, and encumbrances made or sanctioned by the state or any of its officers or departments.

N.D.C.C. § 61-33-05 Duties and powers of the department of water resources

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The department of water resources shall manage, operate, and supervise all properties transferred to it by this chapter; may enter into any agreements regarding the property; may enforce all rights of the owner in its own name; may issue and enforce administrative orders and reco…

N.D.C.C. § 61-33-05.1 Navigability determinations

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1. Before making a determination that a body of water or portion of a body of water is navigable, the department of water resources shall: a. Develop and deliver to the state water commission a preliminary finding regarding the navigability of the body of water or portion of a bo…

N.D.C.C. § 61-33-06 Duties and powers of the board of university and school lands

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The board of university and school lands shall manage, operate, and supervise all properties transferred to it by this chapter; may enter into any agreements regarding such property; may enforce all subsurface rights of the owner in its own name; and may make and execute all inst…

N.D.C.C. § 61-33-07 Deposit of income

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All income derived from the lease and management of the lands acquired by the department of water resources and board of university and school lands pursuant to this chapter and not belonging to other trust funds must be deposited in the strategic investment and improvements fund…

N.D.C.C. § 61-33-08 Advisory board - Responsibilities

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There is created a sovereign lands advisory board. The board's responsibility is to advise the department of water resources and the board of university and school lands on general policies as well as specific projects, programs, and uses regarding sovereign lands. The board, bei…

N.D.C.C. § 61-33-09 Members of the board - Organization - Meetings

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1. The board consists of the manager of the Garrison Diversion Conservancy District, the director of the department of water resources, the commissioner of university and school lands, the director of the parks and recreation department, the director of the game and fish departme…

N.D.C.C. § 61-33-10 Penalty

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A person who violates this chapter or any rule implementing this chapter is guilty of a class B misdemeanor unless a lesser penalty is indicated. A civil penalty may be imposed by a court in a civil proceeding or by the department of water resources through an adjudicative procee…

N.D.C.C. § 61-34-01 Definitions

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In this chapter, unless the context otherwise requires: 1. "Commission" means the state water commission. 2. "Program" means the drought disaster livestock water assistance program.

N.D.C.C. § 61-34-02 Drought disaster livestock water assistance program - Administration

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The commission shall administer the program for the purpose of providing relief for livestock water supply problems caused by drought.

N.D.C.C. § 61-34-03 Advisory committee

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The commission shall appoint an advisory committee of at least three members. The committee shall advise the commission in determining the criteria for eligibility, in defining expenses covered by the program, and in developing rules.

N.D.C.C. § 61-34-04 Eligibility - Application for assistance

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Applicants with livestock water supply problems caused by drought may apply for assistance from the program. The department of water resources shall review all applications received by the commission. Notwithstanding any other provision of law, a water supply project commenced af…

N.D.C.C. § 61-35-01 Definitions

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As used in this chapter: 1. "Auditor" means the county auditor. 2. "Benefit unit" means the fee each member pays, for each service that is planned to be connected to the water system, for the privilege of using the district's facilities. 3. "Board" means the board of directors of…

N.D.C.C. § 61-35-02 Petition

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A petition may at any time be filed with the department of water resources requesting the department to organize a district encompassing an area in one county or in two or more adjacent counties for the purpose of providing an adequate supply of water for the residents of the are…

N.D.C.C. § 61-35-02.1 Conversion of water resource district water supply system to water district

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A water resource district that has developed a water supply system under chapter 61-16.1 may convert that system to a water district as provided in this section. The water resource district board operating a water supply system may petition the department of water resources to or…

N.D.C.C. § 61-35-03 Petition contents

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The petition must be signed by the owners of at least fifty percent of all real property lying within the outside perimeter of the area designated for inclusion in the proposed district and must state: 1. The location of the area, describing the area to be served or specifying th…

N.D.C.C. § 61-35-04 Hearing after filing

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When a petition for the organization of a district is filed with the department of water resources, the department shall fix a time for a hearing on the petition not less than fifteen nor more than forty-five days after the filing of the petition. The department shall prepare a n…

N.D.C.C. § 61-35-05 Contents of notice

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The notice prepared by the department of water resources must set forth: 1. The location of the area designated by the petitioners to be included in the proposed district, as described or shown by the original petition. 2. The time and place fixed by the department of water resou…

N.D.C.C. § 61-35-06 Appearances

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At the hearing on the petition, any owner or tenant of real property or other interested person within the boundaries of the area described in the petition may appear, in person or by a designated representative, and any representative of the state or a political subdivision or a…

N.D.C.C. § 61-35-07 Findings - Order

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After the hearing, the department of water resources may strike off any part of the territory that testimony shows will not be benefited by the creation of the district. If the department does not find that the district is reasonably necessary, the department shall dismiss the pe…

N.D.C.C. § 61-35-08 Meeting of members - Election of board

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As a part of the order organizing the district, the department of water resources shall fix the time and place at which the members shall meet to select from their number a board of directors. Selection of the initial board may not be later than thirty days after the order is iss…

N.D.C.C. § 61-35-09 Bylaws submitted at special meeting

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Within thirty days after election of the original board, proposed bylaws must be submitted for adoption at a special meeting of members of the district, written notice of which must be mailed to each member. Members present at the special meeting may adopt or amend any of the pro…

N.D.C.C. § 61-35-10 Directors divided into classes - Terms - Vacancies

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1. The initial board of each district shall divide its members by lot into three classes of as nearly equal size as possible. The terms of the directors in the first, second, and third classes expire on dates of the annual meetings in the first, second, and third years, respectiv…

N.D.C.C. § 61-35-100 Insufficiency of bonds - New bonds required - Failure to furnish

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If the board, at any time, deems the bond of a contractor insufficient either in form or as to sureties, it may require the successful bidder or contractor to furnish, within such reasonable time as the board may fix, a new bond to be approved by the board. If the contractor fail…

N.D.C.C. § 61-35-101 Execution and filing of contract

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All contracts entered into for any work provided for in this chapter must be entered into in the name of the district and must be executed on the part of the district by the president and countersigned by the secretary. After the contract is signed by the contractor, it must be f…

N.D.C.C. § 61-35-102 Conditions and terms

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A contract let under this chapter requires the work to be done pursuant to the plans and specifications on file in the office of the district, subject to the approval of the engineer acting for the district, and must provide: 1. That the board has the right to suspend the work at…

N.D.C.C. § 61-35-103 Contractor to be paid during progress of work - Retainage - Failure to pay - Rate of interest - Investment of retainage

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If the contractor to whom a contract is let properly performs the work designated in the contract, the board, at least once in each calendar month during the continuance of the contract work, shall meet and receive and consider estimates furnished by the agent, engineer, or archi…

N.D.C.C. § 61-35-11 Board meetings

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The board shall meet annually on the same day as, and immediately following, the annual meeting of participating members, and may meet at other times it determines, or upon the call of the president or any two directors. At the first meeting of the initial board following its ele…

N.D.C.C. § 61-35-12 Powers of district board

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Each district board has the power to: 1. Sue and be sued in the name of the district. 2. Exercise the power of eminent domain in the manner provided by title 32 for the purpose of acquiring and securing any rights, titles, interests, estates, or easements necessary or proper to c…

N.D.C.C. § 61-35-13 Contracts for construction or maintenance of a project

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If the cost of construction or maintenance of a project does not exceed the amount provided for construction of a public improvement under section 48-01.2-02, the work may be done on a day work basis or a contract may be let without being advertised. If the cost of the constructi…

N.D.C.C. § 61-35-14 Financing project through improvement bonds or special assessments - Apportionment of benefits

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A board may acquire needed interest in property and provide for the cost of construction, alteration, repair, operation, and maintenance of a project with funds raised by special assessments. A board may issue improvement bonds in anticipation of the levy and collection of specia…

N.D.C.C. § 61-35-15 Revenue bonds

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A district may issue revenue bonds, not exceeding an aggregate total outstanding of fifty million dollars, to finance construction of projects and incidental facilities authorized by this chapter. Issuance of revenue bonds must be approved by two-thirds of all of the members of t…

N.D.C.C. § 61-35-16 Plans and specifications

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As soon as reasonably possible after organizing a district, the board shall file with the department of water resources copies of the plans and specifications for, and estimates of the cost of, any improvements authorized by this chapter which the board proposes to construct or a…

N.D.C.C. § 61-35-17 Selling water

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If the capacity of the district's facilities permits, the district may sell water by contract to any political subdivision, other district, or other person, public or private, not within the boundaries of the district.