Title 61, Waters

The department of water resources shall adopt definitions consistent with federal law for, among other words: "dredged material", "fill material", "general permit", "person", "waters of the state", and "wetlands".

The department of water resources has the following powers: 1. To exercise general supervision of the administration and enforcement of this chapter and all rules and orders adopted pursuant to this chapter. 2. To advise, consult, and cooperate with other agencies of the state, t…

The department of water resources may not issue a permit under this chapter without a certification from the department of health and human services that the permitted activity will not adversely affect water quality.

The department of water resources shall specify a disposal site for each permit issued. Each disposal site must be specified for each permit through application of rules adopted by the department. The rules must be consistent with federal law. The department may prohibit the spec…

(Contingent effective date - See note) 1. Except as otherwise provided by this chapter, no person may discharge dredged or fill material into waters of the state unless that person has a permit from the department of water resources. No person may discharge dredged or fill materi…

1. In carrying out the functions relating to the discharge of dredged or fill material, the department of water resources, after notice and opportunity for public hearing, may issue general permits on a state or regional basis for any category of activities involving discharges o…

The department of water resources may issue a temporary emergency permit for the discharge of dredged or fill material if unacceptable harm to life or severe loss of physical property is likely to occur before a permit could be issued or modified under procedures normally require…

Any person desiring to discharge dredged or fill material for which a permit is required shall file an application with the department of water resources. The application must be on a form prescribed by the department and must include information required by the department. The d…

1. Any proceeding to determine compliance with or violation of the provisions of this chapter or any rule, order, or condition in a permit issued pursuant to this chapter by the department of water resources must be conducted in accordance with chapter 28-32. 2. Any person claimi…

The department of water resources may assess or sue to recover civil penalties and seek criminal remedies as provided in this section. 1. The department may assess or recover civil penalties for discharges of dredged or fill material without a required permit or in violation of a…

In lieu of or in addition to the penalties authorized under section 61-38-10, the department of water resources may require restoration of areas in which dredged or fill material has been discharged illegally. If the department determines any person has discharged dredged or fill…

The legislative assembly declares many areas and localities in eastern and central North Dakota do not enjoy adequate quantities of high-quality drinking water; other areas and localities in eastern and central North Dakota do not have sufficient quantities of water to ensure a d…

The Lake Agassiz water authority consists of cities, water districts, and other water distribution systems located in that part of the state which is included within the boundaries of Cavalier, Pembina, Walsh, Nelson, Grand Forks, Griggs, Steele, Traill, Barnes, Cass, Ransom, Sar…

1. The authority must be governed by a board of directors selected as follows: a. One member from a city with a population greater than forty thousand located east of state highway 1 and north of state highway 200. b. Two members from differing cities with a population greater th…

The board of directors may 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 and a dues structure for membership in the authority. The bylaws may include w…

The authority and the Garrison Diversion Conservancy District shall continue studying, planning, developing, and constructing a nonfederal project to meet the water supply needs of eastern and central North Dakota separate and apart from the federal Red River valley water supply …

The board of directors of the Lake Agassiz water 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 for the purpose of acquiring and securing any rights, titles, interests, estates, or easemen…

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 immedi…

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

Revenue bonds or refunding bonds may be sold at public or private sale on such 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 board.

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 pers…

Notwithstanding any restriction contained in any other law, the state and all public officers, boards, and agencies, and political subdivisions and agencies thereof, including the public finance authority; all national banking associations; state banks; trust companies; savings b…

Any resolution authorizing the issuance of bonds under this chapter may contain covenants and provisions concerning: 1. The rates, fees, tolls, or charges to be charged for the services, facilities, and commodities of a project. 2. The use and disposition of all or a portion of t…

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 their payment and the authority's notes and bonds may not be subject to any pecuniary liability. The holder of…

To adequately secure the payment of bonds and interest on the bonds, the authority and its officers, agents, and employees shall: 1. 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 provid…

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 benef…

As used in this chapter, unless the context otherwise requires, the term "project" means either a system, plant, works, instrumentality, or property used to provide water supply in connection with the state or federal Red River valley water supply project, or a contract for the p…

The legislative assembly declares that many areas and localities in western North Dakota do not enjoy adequate quantities of high-quality drinking water; that other areas and localities in western North Dakota do not have sufficient quantities of water to ensure a dependable, lon…

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…

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 acquired for highway right-of-way purposes, a right of way for pipelines, connections, valves, and all other appurtenant facili…

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…