Title 61 — Waters
57 chapters · 825 sections in this title.
N.D.C.C. § 61-24.8-18 Appeal to department of water resources
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Within ten days after the hearing under section 61-24.8-17, affected landowners subject to assessment, who believe the assessment has not been fairly or equitably made, or the project is not properly located or designed, may petition the department of water resources to review th…
N.D.C.C. § 61-24.8-19 When assessments may be made
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After the requirements of this chapter have been satisfied and a contract and bond for any work for which a special assessment is to be levied have been approved by the board, the board may direct special assessments to be levied for the payment of appropriate costs and the secre…
N.D.C.C. § 61-24.8-21 Lien of special assessment
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A special assessment imposed by the district, with accrued interest and penalties, is a lien upon the property on which the assessment is levied from the time the assessment list is approved by the board until the assessment is fully paid. The liens have precedence over all other…
N.D.C.C. § 61-24.8-22 Irrigation improvements in districts - Paid by service charges
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The district constructing an irrigation improvement under the special assessment method may resolve in the resolution required by section 61-24.8-07 that a portion of the cost of the improvement must be raised by service charges for the use of the improvement and of the utility o…
N.D.C.C. § 61-24.8-23 Abbreviations, letters, or figures
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In all proceedings for the levy and collection of special assessments, abbreviations, letters, and figures may be used to denote all or parts of additions, lots, lands, blocks, sections, townships, ranges, years, days of the month, and amounts of money.
N.D.C.C. § 61-24.8-24 Record of improvements - Record as evidence
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The district office shall keep a complete record of all the proceedings taken in the matter of making any improvements under this chapter. The record must include all reports and confirmations, all petitions, orders, notices and proofs of publication, and resolutions of the board…
N.D.C.C. § 61-24.8-25 Defects and irregularities in improvement proceedings
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Defects and irregularities in any proceedings had or to be had under this chapter relating to district improvements by the special assessment method, if the proceedings are for a lawful purpose and are unaffected by fraud and do not violate any constitutional limitation or restri…
N.D.C.C. § 61-24.8-26 Payment of special assessments - Interest
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All special assessments levied under this chapter may be paid without interest within ten days after they have been approved by the board and thereafter bear interest at an annual rate not exceeding one and one-half percentage points above the average net annual interest rate on …
N.D.C.C. § 61-24.8-27 Lien between vendor and vendee of special assessments
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As between a vendor and vendee of real property, unless the purchase contract otherwise provides, the installment of all special assessments for local improvements which are required to be certified and returned to the county auditor in each year become a lien upon the real prope…
N.D.C.C. § 61-24.8-30 Certification of assessments to county auditor
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When the board, by resolution, has caused special assessments to be levied to cover the cost of constructing a project the board shall determine the rate of interest unpaid special assessments are to bear, which rate may not exceed one and one-half percent above the bond rate. In…
N.D.C.C. § 61-24.8-37 Bonds - When payable - Amounts - Interest
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At any time after entering a contract for a project to be financed in whole or in part by special assessments, the district may issue temporary and definitive bonds on the project fund created for that purpose in the manner and subject to the limitations prescribed in section 40-…
N.D.C.C. § 61-24.8-41 Contracts for construction or maintenance of 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 costs of the construct…
N.D.C.C. § 61-28.1-01 Declaration of public policy and legislative intent
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The legislative assembly declares it to be the policy of this state that safe supplies of drinking water are essential to the maintenance of public health and welfare. Those persons supplied with water from public water systems must be able to rely with confidence upon the qualit…
N.D.C.C. § 61-28.1-02 Definitions
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As used herein, unless the context or subject matter otherwise requires: 1. "Contaminant" means any physical, chemical, biological, or radiological substance or matter in water. 2. "Department" means the department of environmental quality. 3. "Maximum contaminant level" means th…
N.D.C.C. § 61-28.1-03 Powers and duties of department
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The department may exercise the following powers and shall have the following duties: 1. Administer and enforce a safe drinking water program pursuant to the provisions of this chapter. 2. Provide technical assistance on request to public water systems of the state and other pers…
N.D.C.C. § 61-28.1-04 Approval of water systems
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1. No person shall construct, install, modify, use, or operate a public water system without prior approval from the department or in violation of the terms of, conditions imposed upon, or order of the department concerning such approval. 2. The department shall provide for the i…
N.D.C.C. § 61-28.1-05 Variances and exemptions
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The department may issue variances or exemptions and make rules and regulations governing the issuance, denial, modification, revocation, and suspension of the same to noncomplying water systems. Such variances and exemptions shall be accompanied by a compliance time schedule req…
N.D.C.C. § 61-28.1-06 Right of onsite inspection
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1. Any duly authorized officer, employee, or agent of the department may enter and inspect any property, premise, or place on or at which a public water system is located or is being constructed, installed, or established at any reasonable time for the purpose of ascertaining the…
N.D.C.C. § 61-28.1-07 Certification of laboratories
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Repealed by S.L. 2019, ch. 217, § 2.
N.D.C.C. § 61-28.1-08 Administrative procedure and judicial review
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Any proceeding under this chapter for: 1. The issuance or modification of rules and regulations, including emergency orders; or 2. The determination of compliance with rules and regulations of the department, shall be conducted in accordance with the provisions of chapter 28-32, …
N.D.C.C. § 61-28.1-09 Injunction proceedings
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The violation of any provision of this chapter, or any rule, regulation, or order issued thereunder, is declared a nuisance inimical to the public health, welfare, and safety. Whenever in the judgment of the department any person has engaged in or is about to engage in any acts o…
N.D.C.C. § 61-28.1-10 Enforcement - Penalties - Injunction
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1. If, after the completion of the administrative hearing process, the department determines that a violation of this chapter, or any rule, regulation, or order of the department issued under this chapter has occurred, it shall make all of its evidence and findings available to t…
N.D.C.C. § 61-28.1-11 Drinking water treatment revolving loan fund - Purposes - Establishment
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To coordinate funding for public water systems in North Dakota, there is established a drinking water treatment revolving loan fund to be administered by the department. The loan fund is also authorized under section 1452(a) of the federal Safe Drinking Water Act, as amended. Gra…
N.D.C.C. § 61-28.1-12 Department - Powers and duties - Administration
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The department has the following powers and duties and shall administer the drinking water treatment revolving loan fund as follows: 1. To apply for and accept grants of money from the United States environmental protection agency or other federal agencies which must be deposited…
N.D.C.C. § 61-33.1-05 Actions challenging review findings or final acreage determinations
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(Retroactive application - See note) 1. An interested party seeking to bring an action challenging the review findings or recommendations or the industrial commission actions under this chapter shall commence an action in district court within two years of the date of adoption of…