N.D. Cent. Code ch. 61-02 – Water Commission | Midpage

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North Dakota Century Code

Chapter 61-02

N.D. Cent. Code ch. 61-02

Water Commission

61-02-01Water conservation, flood control, management, and development declared a public purpose 61-02-01.1Statewide water development program 61-02-01.2State water commission - Policies for water retention projects 61-02-01.3Comprehensive water development plan 61-02-01.4State water commission cost-share policy 61-02-01.5North Dakota outdoor heritage fund grants - Effect on local cost-share 61-02-01.6Economic analysis for assessment drain projects - Moratorium (Expired effective August 1, 2027)61-02-02Definitions 61-02-03Apportioning or allocating water rights by commission 61-02-04State water commission - Members - Terms - Qualifications 61-02-04.1Conflict of interest 61-02-05Chairman of commission 61-02-06Principal and branch offices of commission 61-02-07Quorum - What constitutes 61-02-08Meetings of commission 61-02-09Commission a state agency - Function as state 61-02-10Commission to have seal - Judicial notice 61-02-11Commission may adopt rules and regulations - Record kept by commission - Inspection 61-02-12Compensation and expenses of appointive members of commission 61-02-13Employment of assistants 61-02-14Powers and duties of the commission 61-02-14.1Release or assignment of easements - Procedure 61-02-14.2Commission contracts may be executed by director 61-02-14.3Commission agreements - Terms, conditions, and reapplication 61-02-14.4Carryover projects - Reporting requirements to the legislative management 61-02-15Provisions of chapter not to limit or deprive state department of health of authority 61-02-16Preference is given to individual farmer or irrigation district when planning or constructing irrigation projects 61-02-17Records, accounts, and statements of works and projects undertaken - Filed with office of management and budget 61-02-18Application for irrigation project - Fees to accompany - Surveys made 61-02-19Works of commission may include preparation of land for irrigation when project undertaken by commission 61-02-20Approval of commission necessary before constructing certain size dams - Inspection during construction 61-02-21Sewage and waste disposal or discharge - Water supply plant - Approval of commission required 61-02-22Acquisition of necessary property and power of condemnation 61-02-23Actions to acquire property rights 61-02-23.1Condemnation by the water commission 61-02-23.2Devils Lake outlet - Eminent domain - Design and build construction 61-02-23.3Construction and operation of the Devils Lake outlet - Authorization - Agreement 61-02-24Cooperation and coordination with entities 61-02-24.1Cooperation and participation of political subdivisions and federally recognized Indian tribes 61-02-24.2Payments in lieu of real estate taxes 61-02-25Duties of state agencies acting through interstate compacts or agreements 61-02-26Duties of state agencies concerned with intrastate use or disposition of waters 61-02-27Proposals with respect to use or disposition of waters to be presented to department of water resources 61-02-28Plans, investigations, and surveys concerning use of waters - Special powers of commission 61-02-29Commission to have full control over unappropriated public waters of state 61-02-30Commission acquiring water rights and administering provisions of chapter - Declaration of intention 61-02-31Priority of a water right dates from when 61-02-32Modification of plans by commission regarding project to appropriate waters - Filing declaration of intention 61-02-33Commission to file declaration of completion of appropriation with department of water resources 61-02-34Declaration of intention to appropriate or release waters or completion of appropriation as evidence 61-02-35When right of commission to waters attaches - Continuation of authority and jurisdiction 61-02-36Natural streams employed as a means of diversion of water - Adopting methods to determine natural flow 61-02-37Headgates and measuring devices maintained by appropriators of natural streams - Commission adopting rules preventing diversion of water 61-02-38Holder of water right on natural stream may turn control over to commission 61-02-39Commission may adjust plans and operation of project to obtain financial aid from United States 61-02-40Authority of commission to extend and be applied to natural waters of state 61-02-41Surveys for the diversion of waters 61-02-42Commission to take into consideration decrees of court adjudicating waters of natural stream 61-02-43Commission may hold hearings relating to rights of claimants - Notice - Findings made 61-02-44Controlling natural flow of stream deemed police power - Water commissioners not to deprive commission 61-02-45Commission may divert at any place on stream after impounding or acquiring the right of appropriation 61-02-46Commission may issue bonds - Legislative authorization - Payment restricted 61-02-47When bonds to mature - Callable before maturity 61-02-48Commission to determine interest rate, form, denomination, and execution of bonds 61-02-49Officers whose names are on bonds ceasing to be officers before delivery of bonds - Validity of bonds 61-02-50Bonds issued are negotiable 61-02-51How bonds may be secured 61-02-52Commission may provide for registration of bonds 61-02-53Issuance and sale of bonds - Proceeds from sale - Use 61-02-54Resolution providing for issuance of bonds 61-02-55Issuance of temporary bonds 61-02-56Bond guaranty or insurance - Method 61-02-57Moneys appropriated to pay interest and principal of bonds available as a revolving fund 61-02-58Lien upon bond proceeds 61-02-59Series of bonds may be secured by trust indenture 61-02-60Trust indentures - Where filed - Filing constitutes constructive notice 61-02-61Resolution or indenture may contain provisions protecting bondholders - Expenses incurred in carrying out indenture 61-02-62Powers of commission in issuance of bonds 61-02-63Mortgage of commission - Contents - Purchaser at foreclosure sale - Rights 61-02-64Fund created by commission - Depository 61-02-64.1Contract fund - Purpose - Reimbursements to be deposited with the state treasurer 61-02-64.2Repayment of loan proceeds and reimbursements deposited in resources trust fund 61-02-65Commission to have complete system of accounting - Contents 61-02-66Construction fund - Contents - Disbursements - Surplus remaining 61-02-67Revenue bond payment fund - Contents 61-02-67.1Revenues and funds available to pay bonds 61-02-68State treasurer to pay interest on bonds - Redemption of bonds - Appropriation 61-02-68.1Borrowing on interim notes - Expenses paid and loans made from proceeds - Issuance of notes 61-02-68.2Interim financing notes guaranteed by United States agency or instrumentality - Limitations 61-02-68.3Interim financing - Proper authority required 61-02-68.4Interim financing - Independent review of feasibility of project 61-02-68.5Interim financing - Proceeds pledged as security - Assignment to commission of rights to proceeds 61-02-68.6Terms of interim financing notes - Extension of maturity dates 61-02-68.7Pledge of revenues to secure interim financing notes 61-02-68.8Additional covenants and conditions to secure interim financing notes 61-02-68.9Registration of interim financing notes - Interest payment - Redemption prior to maturity 61-02-68.10Execution and attestation of interim financing notes - Sale 61-02-68.11Bond provisions applicable to interim financing notes 61-02-68.12Interim financing notes or guarantees not a state obligation - Payment restricted to revenues - Notes or guarantees not a lien 61-02-68.13Interim financing notes as legal investments and security 61-02-68.14Guarantee issued by commission 61-02-68.15Pledges 61-02-68.16Reserve fund 61-02-68.17Additional reserves and funds 61-02-68.18Protection of service during term of guarantee or loan 61-02-68.19Interim financing notes, guarantees, or bonds for municipal, rural, and industrial water supply projects - Public interest 61-02-69Property of commission exempt from taxation 61-02-70Expenses paid from administrative fund 61-02-71Commission may accept and receive appropriations and contributions 61-02-72Revenue bonds of commission are legal and valid investments of financial institutions - Exemption from taxation 61-02-73Construction of chapter 61-02-74Certain moneys to be deposited in general fund 61-02-75Hearing witnesses - Subpoena - Oath - Fees 61-02-76Hearing - Appeals from decision of commission 61-02-77Emergency municipal, tribal, and rural water system drinking water grant program 61-02-78Infrastructure revolving loan fund - Continuing appropriation - Rules 61-02-79Bank of North Dakota - Line of credit 61-02-80Flood control projects - Financial assistance limited 61-02-81Development in breach inundation zones - No financial assistance for dam improvements