Title 61, Waters

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 …

1. The priorities for the statewide water development program include municipal, rural, and industrial projects; irrigation projects; general water management projects, including rural flood control, snagging and clearing, channel improvement, recreation, and planning studies; fl…

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…

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…

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 …

1. The department of water resources shall establish a program of weather modification research and development in this state. The department shall supervise and coordinate all research and development activities in the state or research and development activities outside of the …

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 …

The department of water resources may place any county or geographical region for which a person contracts with the state for weather modification operations in any operational district the department determines necessary to best provide that county or geographical region with th…

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…

The appointing authority shall establish the rate of compensation for commissioners of a weather modification authority and actual expenses incurred by commissioners may be reimbursed at the official reimbursement rates of the appointing authority. Each commissioner shall hold of…

The weather modification authority may request annually that the board of county commissioners provide funding from revenues derived from its general fund levy for support of the authority and to provide weather modification services. In the year for which the levy is sought, the…

When a weather modification authority is about to expire, the board of county commissioners of any such county may by resolution authorize the creation of such weather modification authority and all its powers, including the power to certify a tax levy as provided by section 61-0…

After fifty-one percent of the qualified electors of a county, as determined by the vote cast for the office of governor at the last preceding gubernatorial election, shall petition the board of county commissioners of their county to recall the commissioners of a weather modific…

When a petition signed by not less than twenty percent of the qualified electors of the county, as determined by the vote cast for the office of governor at the last preceding gubernatorial election, requesting an election upon the establishment of a weather modification authorit…

When a petition signed by not less than twenty percent of the qualified electors of the county, as determined by the vote cast for governor in the last preceding gubernatorial election, requesting an election upon the abolishment of a weather modification authority as created in …

The board of county commissioners of any county may, by resolution after a public hearing, submit the question of the creation of a weather modification authority to the electors of the county at the next countywide election. Upon approval by a majority of the votes cast on the q…

The provisions of chapter 11-23 shall not apply to appropriations made under the provisions of this chapter. However, immediately after a weather modification authority has been created by resolution of the board of county commissioners, and after certification of a mill levy by …

If the department of water resources contracts with any licensed controller in an amount in excess of ten thousand dollars in any one year, the department shall advertise for proposals for such weather modification activities and, in its proceedings with respect to bids therefor,…

Before the department of water resources contracts with any controller, the department shall require the controller to furnish a surety bond or cash or negotiable securities for the faithful performance of the contract in such amount as determined by the department, conditioned t…

Nothing in this chapter shall be construed to impose or accept any liability or responsibility on the part of this state or any of its agencies, or any state officials or state employees or weather modification authorities for any injury caused by weather modification operations …

1. An operation conducted under the license and permit requirements of this chapter is not an ultrahazardous or abnormally dangerous activity which makes the permittee subject to liability without fault. 2. Dissemination of materials and substances into the atmosphere by a permit…

1. The department of water resources may receive and accept in the name of the state any funds that are offered or become available from any federal grant or appropriation, private gift, donation, or bequest, county funds, or funds from any other source except license and permit …

Any weather modification authority or person that contracted with the department of water resources for weather modification operations under this chapter shall appropriate to the water commission fund the amount determined by the department to be necessary to provide that weathe…

Each member of the North Dakota state water commission shall receive the same compensation paid for other commission duties, for each day actually and necessarily engaged in the performance of official duties in connection with the administration of this chapter. Commission membe…

Any person contracting for or conducting any weather modification activity without being licensed in accordance with the provisions of this chapter, or otherwise violating the provisions of this chapter, shall be guilty of a class B misdemeanor.

For purposes of this chapter, unless the context otherwise requires: 1. "Affected landowners" means landowners whose land is subject to special assessment or condemnation for a project. 2. "Assessment drain" means a drain financed in whole or in part by special assessment. 3. "Be…

The water resource board shall keep accurate minutes of its meetings and accurate records and books of account, clearly setting out and reflecting the entire operation, management, and business of the district. The unofficial minutes of the meeting must be provided to the officia…

The treasurer of a district shall be bonded in the amount set by the water resource board but the bond shall not be less than one thousand dollars. Other district employees shall be bonded in any amount set by the board. Every officer or employee of whom a bond is required shall …

The fiscal year of the district begins January first and ends December thirty-first. The water resource board shall estimate the expenses of the district before October first of each year. Estimates of district expenses may include costs of rights of way, easements, or other inte…

After a district has been established and organized and a water resource board has been appointed, the water resource board, for the purpose of paying current district expenses, including per diem, compensation, and expenses of managers and wages or salaries of officers and emplo…