Title 61 — Waters

The western area water supply authority consists of participating political subdivisions located within McKenzie, Williams, Burke, Divide, and Mountrail Counties which enter a water supply contract with the authority. Other cities and water systems, within or outside the authorit…

1. The initial board of directors of the western area water supply authority consists of two representatives from each of the following entities: Williams rural water district, McKenzie County water resource district, the city of Williston, BDW water system association, and R&T w…

1. The board of directors shall adopt such rules and bylaws for the conduct of the business affairs of the authority as it determines necessary, including the time and place of regular meetings of the board, financial participation structure for membership in the authority, and m…

In addition to authority declared under section 61-40-01, the board of directors of the western area water supply authority may: 1. Sue and be sued in the name of the authority. 2. Exercise the power of eminent domain in the manner provided by title 32 or as described in this cha…

1. The authority shall have the power and authority to issue revenue bonds, to include refunding bonds, for the purpose of financing construction of projects and incidental facilities authorized by this chapter. Revenue bonds issued under this section must be issued as provided i…

Repealed by S.L. 2013, ch. 490, § 24. 61-40-07. Easement granted for pipelines and appurtenant facilities on any public lands. In connection with the construction and development of the project, there is granted over all the lands belonging to the state, including lands owned or …

The authority, before making any contract or taking any special action, may commence a special proceeding in district court by which the proceeding leading up to the making of such contract or leading up to any other special action must be examined, approved, and confirmed. The j…

If the western area water supply authority defaults on its payment of the principal or interest on the infrastructure revolving loan provided for in section 61-40-14, the Bank of North Dakota shall notify the legislative council, and the state water commission shall provide a pay…

1. An accounting of industrial water depot and lateral sales collected and distributed by the authority must be reported to the state water commission on a monthly basis. Participating member entities shall transfer industrial water depot and lateral sales to the authority within…

The authority shall provide a report on the rates to the commission and legislative management's water topics overview committee on a regular basis. The authority shall develop domestic water rates that must include all costs for operation, maintenance, and operating and capital …

The authority shall follow the state water commission requirements for funding through the resources trust fund or Bank of North Dakota state-guaranteed loans and shall present the overall plan and project components to the state water commission for funding approval. Priority on…

Notwithstanding any other provision of law, neither the authority nor its participating member entities may be required to waive the right to assert franchise protection under state or federal law with regard to water used for purposes other than industrial sales for oil and gas …

The Bank of North Dakota shall transfer the outstanding principal balance of the consolidation loan authorized in section 9 of chapter 19 of the 2017 Session Laws to the infrastructure revolving loan fund, on August 1, 2023. Any accrued and unpaid interest of the consolidation lo…

All accrued and unpaid interest on the twenty-five million dollar loan from the general fund to the western area water supply authority authorized in section 3 of chapter 500 of the 2011 Session Laws must be transferred to the general fund. All accrued and unpaid interest on the …

The legislative assembly declares that major water development and water management goals must be set forth and implemented in order to protect the long-term interests, economic vitality, and future benefits of the state and its citizens; that such water development and water man…

The legislative assembly declares and establishes the following goals and objectives: 1. That it is necessary for the long-term welfare and economic well-being of the Souris River basin, and the entire state and its citizens, that the planning, design, and construction of the Mou…

1. The legislative assembly declares its intent to provide state funding for a share of the nonfederal or local cost of constructing the Mouse River enhanced flood control project. 2. Any funds appropriated for the construction of the Mouse River enhanced flood control project ma…

The legislative assembly declares its intent to provide state funding for a share of the nonfederal or local cost for construction of the lower Heart River, Morton County, flood control project.

The state water commission and the southwest water authority shall begin the process of reviewing capital repayment and revenues being returned to the resources trust fund; payments necessary to meet obligations of existing bonds and other loans; ownership of land and associated …

The Garrison diversion unit has extensive federal facilities that have been constructed. It is the intent of the legislative assembly that the state water commission and Garrison Diversion Conservancy District begin discussions with the bureau of reclamation concerning the Garris…

1. The sixty-third legislative assembly declares its intent to provide state funding not to exceed four hundred fifty million dollars for one-half of the nonfederal or local cost of constructing a federally authorized Fargo-Moorhead flood control project. 2. Notwithstanding any o…

1. The legislative assembly finds that some cities suffered serious economic and social injuries due to the major flood disaster in 1997 and other recent floods and are at significant risk for future flooding; that construction of flood control or reduction projects is necessary …

Repealed by S.L. 2005, ch. 591, § 4. 61-02.1-02.1. Funding - Statewide water development projects - Bond issuance amount. 1. The priorities for the statewide water development program include municipal, rural, and industrial projects; irrigation projects; general water management…

An action may not be brought or maintained in any court in this state questioning the validity of any bonds issued as provided in this chapter unless the action is commenced within thirty days after the adoption of the resolution of the state water commission authorizing the sale…

1. Principal and interest on bonds issued for flood control or reduction projects as provided in this chapter are payable from transfers to be made and appropriated by the legislative assembly from the resources trust fund other than revenues from state taxes, then from appropria…

Repealed by S.L. 2021, ch. 32, § 13.

Notwithstanding any other provision of law or policy, any existing caps may not be construed to limit access to total state funding of up to fifty-two million dollars for the Grand Forks flood control project.

In order that the state may share to the fullest extent in the benefits already gained through fundamental research and investigation on new and improved means for predicting, influencing, and controlling the weather, for the best interest, general welfare, health, and safety of …

The legislative assembly finds that weather modification affects the public health, safety, and welfare, and that, properly conducted, weather modification operations can improve water quality and quantity, reduce losses from weather hazards, and provide economic benefits for the…

As used in this chapter, unless the context otherwise requires: 1. "Controller" refers to any licensee duly authorized in this state to engage in weather modification operations. 2. "Geographical region" means a geographical area with a contiguous boundary that may enclose a port…

Repealed by S.L. 1999, ch. 538, § 9.

Repealed by S.L. 2025, ch. 479, § 39.

Repealed by S.L. 2025, ch. 479, § 39. 61-04.1-06. Direction and supervision by department of water resources - Independent functions retained by board. Repealed by S.L. 2025, ch. 479, § 39.

Repealed by S.L. 2025, ch. 479, § 39.

The department has the following powers and duties: 1. The department shall adopt rules concerning qualifications, procedures, and conditions for issuance, revocation, suspension, and modification of licenses and permits; standards and instructions governing weather modification …

Repealed by S.L. 2025, ch. 479, § 39.

Except as provided in section 61-04.1-12, no person may engage in weather modification activities without both a professional weather modification license issued under section 61-04.1-14 and a weather modification permit issued under section 61-04.1-16. Licenses shall expire on D…

The department of water resources may provide by rule for exemption of the following activities from the license and permit requirements of section 61-04.1-11: 1. Research and development conducted by the state, political subdivisions of the state, colleges and universities of th…

A person shall be deemed doing business within this state when engaged in weather modification operations within the boundaries of this state, and shall, if not already qualified to do business within this state under chapter 10-19.1, prior to conducting such operations, file wit…

The department of water resources shall provide, by rule, the procedure and criteria for the issuance of a license. The department, in accordance with its rules, shall issue a weather modification license to each applicant who: 1. Pays a license fee of fifty dollars. 2. Demonstra…

The department of water resources may suspend or revoke a license for any of the following reasons: 1. Incompetency. 2. Dishonest practice. 3. False or fraudulent representations made in obtaining a license or permit under this chapter. 4. Failure to comply with any provisions of…

1. A weather modification permit is required for each geographical area, as set out in the operational plan required by subdivision b, in which a person intends to conduct weather modification operations. Each permit issued by the department of water resources expires on December…

The department of water resources shall give public notice, in the official county newspaper or newspapers in the area of the state reasonably expected to be affected by operations conducted under a permit, that it is considering an application for such permit, and, if objection …

The department of water resources may suspend or revoke a permit if it appears that the permittee no longer has the qualifications necessary for the issuance of an original permit or has violated any provision of this chapter, or any of the rules adopted under it. The department …

Proof of financial responsibility is made by showing to the satisfaction of the department of water resources that the permittee has the ability to respond in damages to liability which might reasonably result from the operation for which the permit is sought. Proof of financial …

1. There must be a district operations advisory committee in each operations district created in accordance with section 61-04.1-20. Each committee must be composed of one commissioner of the weather modification authority, if a weather modification authority exists, from each co…

Other provisions of this chapter notwithstanding, the weather modification authority in any county authorized to contract for weather modification operations under this chapter may suspend the county and state weather modification operation within that county.

The board of county commissioners of any county that has no weather modification authority may create a temporary weather modification authority by setting a time and place for a public hearing, publishing at least ten days before the hearing notice of the hearing in the official…

A weather modification authority shall be created by resolution and five commissioners appointed thereto for ten-year terms of office, by the board of county commissioners. A board of county commissioners shall not adopt a resolution creating an authority until it has received a …

The petition for the creation of a weather modification authority and for appointment of commissioners shall contain: 1. A title with the heading: "Petition for Creation of (insert name of county) Weather Modification Authority". 2. The following paragraph: We, the undersigned qu…