Title 61 — Waters

Money derived and received by the commission from water user entities for replacement and extraordinary maintenance of the southwest pipeline project shall be deposited by the commission in the reserve fund for replacement, and shall be used for no purposes other than to pay for …

Money derived and received from water user entities for capital costs of the southwest pipeline project may be pledged by the commission for the repayment of bonds issued for the construction of the southwest pipeline project. Any money not pledged must be deposited by the commis…

Water service contracts entered by the commission for the distribution and sale of water to water user entities from the southwest pipeline project are confirmed and approved by the legislative assembly. The commission may commence a special proceeding in and by which the proceed…

Upon construction of the southwest pipeline project, utilities, corporations, limited liability companies, companies, or any other person or entity which proposes to install or construct a pipeline or other underground conveyance system which crosses or intersects the southwest p…

Notwithstanding the plans and specifications of state water commission project no. 1736, as authorized in this chapter, the state water commission may include as part of the southwest pipeline project the delivery of water from southwest pipeline facilities to areas in Dunn Count…

1. Many areas and localities in southwestern North Dakota do not enjoy adequate quantities of high-quality drinking water. Other areas and localities in southwestern North Dakota do not have sufficient quantities of water to ensure a dependable, long-term supply. Supplementation …

In this chapter, unless the context or subject matter otherwise requires: 1. "Authority" means the southwest water authority. 2. "Board" means the board of directors of the southwest water authority. 3. "Person" includes any natural person, state agency, municipality, political s…

The southwest water authority shall consist of that part of the state which is included within the boundaries of Dunn, Stark, Golden Valley, Billings, Slope, Bowman, Adams, Grant, Hettinger, Morton, and Mercer Counties. Such authority is a governmental agency, body politic and co…

The authority must be governed by a board of directors who must be chosen in accordance with this chapter. One director must be elected from each county within the authority, two directors must be elected in the city of Dickinson, and one director must be elected in the city of M…

Repealed by S.L. 2001, ch. 569, § 4.

Any person who is a resident and qualified elector of the county, who aspires to the office of director of the southwest water authority, shall, before four p.m. of the sixty-fourth day before any primary election preceding a general election at which a director of the authority …

Any person who is a resident and qualified elector of the city of Dickinson or Mandan who aspires to the office of director of the southwest water authority shall, before four p.m. on the sixty-fourth day before the election, file with the city auditor a petition signed by not le…

Members of the board of directors of the authority hold office for a term of four years, until a successor has been duly elected and qualified. If the office of any director becomes vacant by reason of the failure of any director elected at any election to qualify or for any othe…

The board of directors of the southwest water authority has the power: 1. To sue and be sued in the name of the authority. 2. To exercise the power of eminent domain in the manner provided by title 32 for the purpose of acquiring and securing any right, title, interest, estate, o…

For each taxable year through 2020, the authority may levy a tax of not to exceed one mill annually on each dollar of taxable valuation within the boundaries of the authority for the payment of administrative expenses of the authority, including per diem, mileage, and other expen…

The county auditor of each county within the authority, to whom a mill levy is certified in accordance with this chapter, shall extend the levy upon the tax lists for the current year against each description of real property and all personal property within the county in the sam…

The board of directors of the authority, after entering into a contract with the United States government, the state of North Dakota, or with any public corporation or political subdivision of the state of North Dakota, may commence a special proceeding in and by which the procee…

1. Any county in the authority not benefited or not to be benefited, in whole or in part, by the southwest pipeline project, or any part thereof, may be excluded from the authority as provided herein. The board of county commissioners of any such county may by resolution direct t…

An appeal from an order of the board of directors of the authority denying a petition for exclusion may be taken to the district court of the petitioning county. The appeal provided for herein must be taken within thirty days after the order of the authority board has been filed …

To identify and distinguish the revenues received by the southwest water authority from water user entities for operation and maintenance of the southwest pipeline project, the southwest water authority shall maintain a fund designated as the southwest pipeline project operation …

Money derived and received by the southwest water authority from water user entities for operation and maintenance of the southwest pipeline project must be deposited by the southwest water authority in the operation and maintenance fund and must be used to pay for costs and expe…

To identify and distinguish the revenues received by the southwest water authority from water user entities for replacement and extraordinary maintenance of the southwest pipeline project, there must be maintained a fund to be designated as the southwest pipeline project reserve …

Money derived and received by the southwest water authority from water user entities for replacement and extraordinary maintenance of the southwest pipeline project must be deposited by the southwest water authority in the reserve fund for replacement and must be used to pay for …

Many areas and localities in northwestern North Dakota do not enjoy safe drinking water, and the water in these areas and localities contains iron, sulfates, alkali, salt, nitrates, fluoride, and other hazardous and discoloring substances. Other areas and localities in northweste…

The northwest area water supply authority consists of the following representatives who, except for the members elected under subsection 5, are appointed by the state water commission: 1. Four representatives from the city of Minot recommended by the Minot city council. 2. One re…

The director of the department of water resources may employ full-time and other personnel as necessary to administer this chapter and as available funds permit. Notwithstanding section 61-02-64.1, funds disbursed from the contract fund or appropriated for purposes of administeri…

The state water commission, after consulting with the northwest area water supply authority, shall establish the payments for water service to be paid by water user entities for purchase of water from the northwest area water supply project. The payments for water service must in…

Revenues received by the state water commission from water user entities or otherwise for operation and maintenance of the northwest area water supply project must be maintained, as a part of the moneys of the state received and kept by the state treasurer in a fund to be designa…

Revenues received by the state water commission from water user entities or otherwise for replacement and extraordinary maintenance of the northwest area water supply project may be held pursuant to the terms of a resolution or trust indenture adopted by the commission. Any money…

The biota water treatment plant operating fund is a special fund in the state treasury into which all federal funds received for the operation of the northwest area water supply's biota water treatment plant must be deposited. All moneys in the fund are appropriated to the depart…

Money derived and received from water user entities or otherwise for capital costs or construction of the northwest area water supply project may be held pursuant to the terms of a resolution or trust indenture adopted by the state water commission. Any money not held pursuant to…

The commission may provide, as part of the northwest area water supply project, delivery, distribution, and treatment of water from the Missouri River or other sources, to areas in Bottineau, Burke, McHenry, McLean, Pierce, Renville, and Ward Counties. The facilities for delivery…

If the state water commission determines property acquired for the northwest area water supply project is no longer necessary for project purposes and the unnecessary parcel is five contiguous acres [2.03 hectares] or less, sections 54-01-05.2 and 54-01-05.5 do not apply. The com…

The legislative assembly finds that the provision of water of sufficient quantity and quality to supply homes, businesses, industries, wildlife, and recreation in the Red River valley within this state is necessary for the protection of health, property, and enterprises and for t…

Repealed by S.L. 2013, ch. 490, § 24.

Repealed by S.L. 2013, ch. 490, § 24.

Repealed by S.L. 2013, ch. 490, § 24.

1. The legislative assembly declares its intent to provide state funding for a share of the cost of constructing the Red River valley water supply project. 2. Any funds appropriated for the construction of the Red River valley water supply project may be carried over to future bi…

As used in this chapter: 1. "Auditor" means the county auditor. 2. "Board" means the board of directors of the Garrison Diversion Conservancy District. 3. "Bond" means any revenue bond, refunding bond, improvement bond, or other evidence of indebtedness, including indebtedness ow…

The acquisition, construction, reconstruction, improvement, betterment, or extension of any project and the issuance of bonds in anticipation of the collection of special assessments or of the revenues of such project to provide funds to pay the associated costs may be authorized…

Powers under this chapter are in addition and supplemental to and not in substitution for, and the limitations imposed by this chapter do not affect the powers conferred by, any other law. Bonds may be issued under this chapter without regard to any other laws of this state, exce…

For an improvement project under section 61-24.8-05 and defraying the cost of the project by special assessments, the district may create improvement districts, and may extend any such district when necessary. The special improvement district must be created by resolution. The sp…

Any improvement district created by the district may embrace two or more separate property areas. Each improvement district must be of such size and form as to include all properties, which in the judgment of the board, after consultation with the engineer planning the improvemen…

After a special improvement district has been created, the board, if the board determines it necessary to make any of the improvement set out in section 61-24.8-05 in the manner provided in this chapter, shall direct the engineer for the district, or another registered profession…

After receiving the engineer's report required by section 61-24.8-09, the board may direct the engineer to prepare detailed plans and specifications for construction of the improvement. The plans and specifications must be certified by a registered professional engineer and must …

The plans, specifications, and estimates prepared as directed under section 61-24.8-10 are the property of the district, must be filed in the district office, and must remain on file subject to inspection by any interested person.

1. Upon the filing of the engineer's report provided for in section 61-24.8-09, and after satisfying the requirements of section 61-24.8-10, the board shall fix a date and place for public hearing on the proposed project, except when the conditions under subsection 2 are met. The…

At the hearing or in the written notice, the affected landowners must be informed when and where votes concerning the proposed project may be filed. Affected landowners to be assessed have thirty days after the date of the hearing or thirty days after the date of mailing the noti…

In order that there may be a fair relationship between the amount of liability for assessments and the power of objecting to the establishment of a proposed project, the voting rights of affected landowners on the question of establishing the project are as provided in this secti…

When the board proposes to make any special assessment under this chapter, the board or its agent, before the hearing or the mailing of written notice required under section 61-24.8-13, shall inspect any and all lots and parcels of land that may be subject to assessment and shall…