2015 North Dakota Century Code Title 61 Waters Chapter 61-16.1 Operation of Water Resource Districts
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CHAPTER 61-16.1
OPERATION OF WATER RESOURCE DISTRICTS
61-16.1-01. Legislative intent and purpose.
The legislative assembly of North Dakota recognizes and declares that the general welfare
and the protection of the lives, health, property, and the rights of all people of this state require
that the management, conservation, protection, development, and control of waters in this state,
navigable or nonnavigable, surface or subsurface, the control of floods, the prevention of
damage to property therefrom, involve and necessitate the exercise of the sovereign powers of
this state and are affected with and concern a public purpose. To realize these objectives it is
hereby declared to be the policy of the state to provide for the management, conservation,
protection, development, and control of water resources and for the prevention of flood damage
in the watersheds of this state and thereby to protect and promote the health, safety, and
general welfare of the people of this state.
The legislative assembly further recognizes the significant achievements that have been
made in the management, conservation, protection, development, and control of our water and
related land resources, and declares that the most efficient and economical method of
accelerating these achievements is to establish water resource districts encompassing all of the
geographic area of the state, and emphasizing hydrologic boundaries.
61-16.1-02. Definitions.
In this chapter, unless the context or subject matter otherwise provides:
1. "Affected landowners" means landowners whose land is subject to special assessment
or condemnation for a project.
2. "Assessment drain" means any natural watercourse opened, or proposed to be
opened, and improved for the purpose of drainage, and any artificial drain of any
nature or description constructed for the purpose of drainage, including dikes and
appurtenant works, which are financed in whole or in part by special assessment. This
definition may include more than one watercourse or artificial channel constructed for
the purpose of drainage when the watercourses or channels drain land within a
practical drainage area.
3. "Commission" means the state water commission.
4. "Conservation" means planned management of water resources to prevent
exploitation, destruction, neglect, or waste.
5. "Costs of the frivolous complaint" means all reasonable costs associated with the
requisite proceedings regarding the removal of obstructions to a drain, removal of a
noncomplying dike or dam, or closing a noncomplying drain, including all reasonable
construction costs; all reasonable attorney's fees and legal expenses; all reasonable
engineering fees, including investigation and determination costs; compliance
inspections; and necessary technical memorandum and deficiency review; and all
costs associated with any hearing conducted by a district, including preparation and
issuance of any findings of fact and any final closure order.
6. "District" means a water resource district.
7. "Frivolous" means allegations and denials in any complaint filed with a district made
without reasonable cause and not in good faith.
8. "Project" means any undertaking for water conservation, flood control, water supply,
water delivery, erosion control and watershed improvement, drainage of surface
waters, collection, processing, and treatment of sewage, or discharge of sewage
effluent, or any combination thereof, including incidental features of any such
undertaking.
9. "Water resource board" means the water resource district's board of managers.
61-16.1-03. Water resource districts - Boundaries.
Repealed by S.L. 1985, ch. 678, § 2.
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61-16.1-04. Minutes, books, and records.
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. These books and records shall be kept at the principal office of the
district or at such other regularly maintained office or offices of the district as shall be designated
by the board, with due regard to the convenience of the district, its customers, and residents.
The books and records shall be open to public inspection during reasonable business hours.
61-16.1-05. Bonds of treasurer and appointive officers.
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 be deemed bonded with the state bonding fund upon notice of that appointment given to
the state insurance commissioner by the secretary of the district. Upon notification by the state
bonding fund of the premium required, the district treasurer shall remit the same.
61-16.1-06. (Effective for taxable years beginning before January 1, 2016) District
budget - Tax levy - Financing by special assessment.
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 interests
in property deemed necessary for the construction, operation, and maintenance of any projects.
The district budget may also include an amount necessary for future projects which are part of a
master plan. Upon completion and adoption of a budget covering necessary expenses, the
board shall send a copy of the budget to the county auditor of each county in the district. Each
county auditor shall transmit the same to the board of county commissioners of that county. The
board of county commissioners shall either disapprove the budget, amend and approve the
budget as amended, or approve the budget as submitted and, if approved as amended or as
submitted, the board shall, by resolution, levy and authorize and direct the county auditor to
extend and spread upon the tax roll of the county or portion of the county in the district a tax not
exceeding the limitation in section 57-15-26.6 in the same manner, and with the same effect, as
general property taxes are extended and spread. Funds produced each year by the tax levy
shall be available until expended, and if the tax levy in any year will not produce sufficient
revenue to cover district expenses, a fund sufficient to pay the district expenses may be
accumulated. The acquisition of rights of way, easements, and the construction, operation, and
maintenance of a project in a district may, in the discretion of the water resource board, be
financed in whole or in part by special assessments against property benefited by such project,
or from revenues realized from general tax collections, or from net revenues to be derived from
service charges to be imposed and collected for the services of the project, or any combination
of such sources.
(Effective for taxable years beginning after December 31, 2015) District budget Financial report - Tax levy - Financing by special assessment. 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 interests in property deemed necessary for
the construction, operation, and maintenance of any projects. The district budget may also
include an amount necessary for future projects which are part of a master plan. In the year for
which the levy is sought, a water resource board seeking approval of a property tax levy under
this chapter must file with the county auditor of each county in the district, at a time and in a
format prescribed by the county auditors, a financial report for the preceding calendar year
showing the ending balances of each fund held by the water resource district during that year.
Upon completion and adoption of a budget covering necessary expenses, the board shall send
a copy of the budget to the county auditor of each county in the district. Each county auditor
shall transmit the same to the board of county commissioners of that county. The board of
county commissioners shall either disapprove the budget, amend and approve the budget as
amended, or approve the budget as submitted and, if approved as amended or as submitted,
Page No. 2
the board shall, by resolution, levy and authorize and direct the county auditor to extend and
spread upon the tax roll of the county or portion of the county in the district a tax not exceeding
the limitation in section 57-15-26.6 in the same manner, and with the same effect, as general
property taxes are extended and spread. Funds produced each year by the tax levy shall be
available until expended, and if the tax levy in any year will not produce sufficient revenue to
cover district expenses, a fund sufficient to pay the district expenses may be accumulated. The
acquisition of rights of way, easements, and the construction, operation, and maintenance of a
project in a district may, in the discretion of the water resource board, be financed in whole or in
part by special assessments against property benefited by such project, or from revenues
realized from general tax collections, or from net revenues to be derived from service charges to
be imposed and collected for the services of the project, or any combination of such sources.
61-16.1-07. District may issue warrants in anticipation of taxes levied to pay current
expenses.
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 employees, by resolution, may authorize and issue district warrants in anticipation of and
pending collection and receipt of taxes levied. The warrants shall bear the rate of interest set by
the board, which shall not exceed twelve percent per annum on those issues sold at private
sale. There is no interest rate ceiling on warrants sold at public sale or to the state of North
Dakota or any of its agencies or instrumentalities. The district treasurer shall keep a register in
which to enter each warrant issued, showing the date and amount of each warrant, the date of
payment, and the amount paid in redemption thereof. All warrants shall be paid in order of their
presentation for payment to the district treasurer. The warrants shall be drawn to the claimant or
bearer in the same manner as a county warrant and shall be signed by the chairman of the
water resource board and countersigned by the treasurer of the district. The aggregate total
amount of warrants issued in any year to pay current district expenses shall not exceed eighty
percent of the district's tax levy for that year.
61-16.1-08. County treasurer to collect and remit taxes to district treasurer Investment of district funds - Expenditure of district funds.
The treasurer of each county in which a district, or a part of a district, is situated shall collect
all district taxes and special assessments together with any penalty and interest thereon in the
same manner as county taxes are collected, and shall, within twenty days after the close of
each month, pay to the treasurer of the district those taxes and assessments collected during
the preceding month, and shall notify the secretary of the district of the payment. In June and
December of each year, and as the county commission may otherwise require, the district
treasurer shall report to each member of the water resource board the amount of money in the
district treasury, the amount of receipts in the preceding month, and items and amounts of
expenditures. At each regular meeting of the board the treasurer shall submit to the board a
statement of the district's finances.
Each district may invest any money in the district treasury, including money in any sinking
fund established for the purpose of providing for the payment of the principal or interest of any
contract, bond, or other indebtedness or for any other purpose, not required for the immediate
needs of the district, in accordance with chapter 21-04.
Funds of the district shall be paid out or expended only upon the authorization or approval
of the water resource board and by check, draft, warrant, or other instrument in writing, signed
by the treasurer, assistant treasurer, or any other officer, employee, or agent of the district
authorized by the treasurer to sign on behalf of the treasurer. The authorization shall be in
writing and filed with the secretary of the district.
61-16.1-09. Powers of water resource board.
Each water resource board shall have the power and authority to:
1. Sue and be sued in the name of the district.
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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 easements
necessary or proper to carry out the duties imposed by this chapter, and particularly to
acquire the necessary rights in land for the construction of dams, flood control
projects, and other water conservation, distribution, and supply works of any nature
and to permit the flooding of lands, and to secure the right of access to such dams and
other devices and the right of public access to any waters impounded thereby.
Provided, however, that when the interest sought to be acquired is a right of way for
any project authorized in this chapter for which federal or state funds have been
appropriated, the district, after making a written offer to purchase the right of way and
depositing the amount of the offer with the clerk of the district court of the county
wherein the right of way is located, may thereupon take immediate possession of the
right of way, as authorized by section 16 of article I of the Constitution of North Dakota.
Within thirty days after notice has been given in writing to the landowner by the clerk of
the district court that a deposit has been made for the taking of a right of way as
authorized in this subsection, the owner of the property taken may appeal to the
district court by serving a notice of appeal upon the acquiring agency, and the matter
must be tried at the next regular or special term of court with a jury unless a jury be
waived, in the manner prescribed for trials under chapter 32-15.
Accept funds and property or other assistance, financial or otherwise, from federal,
state, and other public or private sources for the purposes of aiding the construction or
maintenance of water conservation, distribution, and flood control projects; and
cooperate and contract with the state or federal government, or any department or
agency thereof, or any municipality within the district, in furnishing assurances and
meeting local cooperation requirements of any project involving control, conservation,
distribution, and use of water.
Procure the services of engineers and other technical experts, and employ an attorney
or attorneys to assist, advise, and act for it in its proceedings.
Plan, locate, relocate, construct, reconstruct, modify, maintain, repair, and control all
dams and water conservation and management devices of every nature and water
channels, and to control and regulate the same and all reservoirs, artificial lakes, and
other water storage devices within the district.
Maintain and control the water levels and the flow of water in the bodies of water and
streams involved in water conservation and flood control projects within the district and
regulate streams, channels, or watercourses and the flow of water therein by
changing, widening, deepening, or straightening the same, or otherwise improving the
use and capacity thereof.
Regulate and control water for the prevention of floods and flood damages by
deepening, widening, straightening, or diking the channels or floodplains of any stream
or watercourse within the district, and construct reservoirs or other structures to
impound and regulate such waters.
Make rules and regulations concerning the management, control, regulation, and
conservation of waters and prevent the pollution, contamination, or other misuse of the
water resources, streams, or bodies of water included within the district.
Do all things reasonably necessary and proper to preserve the benefits to be derived
from the conservation, control, and regulation of the water resources of this state.
Construct, operate, and maintain recreational facilities, including beaches, swimming
areas, boat docking and landing facilities, toilets, wells, picnic tables, trash
receptacles, and parking areas, and to establish and enforce rules and regulations for
the use thereof.
Have, in addition to any powers provided in this chapter, the authority to construct an
assessment drain in accordance with the procedures and provisions of chapter 61-21.
Acquire by lease, purchase, gift, condemnation, or other lawful means and to hold in
its corporate name for its use and control both real and personal property and
easements and rights of way within or without the limits of the district for all purposes
authorized by law or necessary to the exercise of any other stated power.
Page No. 4
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Convey, sell, dispose of, or lease personal and real property of the district as provided
by this chapter.
Authorize and issue warrants to finance construction of water conservation and flood
control projects, assess benefited property for part or all of the cost of such projects,
and require appropriations and tax levies to maintain sinking funds for construction
warrants on a cash basis at all times.
Borrow money within the limitations imposed by this chapter for projects herein
authorized and pledge security for the repayment of such loans.
Order or initiate appropriate legal action to compel the entity responsible for the
maintenance and repair of any bridge or culvert to remove from under, within, and
around such bridge or culvert all dirt, rocks, weeds, brush, shrubbery, other debris, and
any artificial block which hinders or decreases the flow of water through such bridge or
culvert.
Order or initiate appropriate legal action to compel the cessation of the destruction of
native woodland bordering within two hundred feet [60.96 meters] of that portion of a
riverbank subject to overflow flooding that will cause extensive property damage, or in
the alternative, order, that, if such destruction is permitted, the party or parties
responsible for the destruction must, when the board has determined that such
destruction will cause excessive property damage from overflow flooding due to the
erosion or blocking of the river channel, plant a shelterbelt which meets the
specifications of the board. In the event the native woodland within such area has
already been destroyed, the board may, in its discretion, order the planting of a
shelterbelt which, in the judgment of the board, will curtail the erosion or blocking of
such river channel where overflow flooding has caused extensive property damage.
For purposes of this subsection, the words "riverbank" and "river channel" relate to
rivers as defined in the United States geological survey base map of North Dakota,
edition of 1963. The provisions of this subsection shall not be construed to limit, impair,
or abrogate the rights, powers, duties, or functions of any federal, state, or local entity
to construct and maintain any flood control, irrigation, recreational, or municipal or
industrial water supply project.
Petition any zoning authority established pursuant to chapter 11-33, 11-35, or 40-47 or
section 58-03-13 to assume jurisdiction over a floodplain for zoning purposes when
such zoning is required to regulate and enforce the placement, erection, construction,
reconstruction, repair, and use of buildings and structures to protect and promote the
health, safety, and general welfare of the public within a floodplain area. In the event
such zoning authority fails to act or does not exist, the board may request the state
water commission to assist it in a study to determine and delineate the floodplain area.
Upon completion of such study, the board shall make suitable recommendations for
the establishment of a floodplain zone to all zoning authorities and the governing
bodies of all political subdivisions having jurisdiction within the floodplain area.
Plan, locate, relocate, construct, reconstruct, modify, extend, improve, operate,
maintain, and repair sanitary and storm sewer systems, or combinations thereof,
including sewage and water treatment plants, and regulate the quantity of sewage
effluent discharged from municipal lagoons; and contract with the United States
government, or any department or agency thereof, or any private or public corporation
or limited liability company, the government of this state, or any department, agency, or
political subdivision thereof, or any municipality or person with respect to any such
systems.
Develop water supply systems, store and transport water, and provide, contract for,
and furnish water service for domestic, municipal, and rural water purposes, irrigation,
milling, manufacturing, mining, metallurgical, and any and all other beneficial uses,
and fix the terms and rates therefor. Each district may acquire, construct, operate, and
maintain dams, reservoirs, ground water storage areas, canals, conduits, pipelines,
tunnels, and any and all works, facilities, improvements, and property necessary
therefor.
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Coordinate proposals for installation, modification, or construction of culverts and
bridges in an effort to achieve appropriate sizing and maximum consistency of road
openings. The department of transportation, railroads, counties, and townships shall
cooperate with the districts in this effort. Each district shall also consider the possibility
of incorporating appropriate water control structures, where appropriate, as a part of
such road openings.
Plug abandoned water wells and participate in cost-sharing arrangements with water
well owners to plug water wells to protect aquifers from pollution or depletion, maintain
pressure, and prevent damage to surrounding property.
Have, in addition to any powers provided in this chapter, the authority to conduct
weather modification operations in accordance with the procedures and provisions of
chapter 61-04.1.
61-16.1-09.1. Watercourses, bridges, and low-water crossings.
1. A water resource board may undertake the snagging, clearing, and maintaining of
natural watercourses and the debrisment of bridges and low-water crossings. The
board may finance the project in whole or in part with funds raised through the
collection of a special assessment levied against the land and premises benefited by
the project. The benefits of a project must be determined in the manner provided in
section 61-16.1-17. Revenue from an assessment under this section may not be used
for construction of a drain or reconstruction or maintenance of an existing assessment
drain. Any question as to whether the board is maintaining a natural watercourse or is
constructing a drain or reconstructing or maintaining an existing assessment drain
must be determined by the state engineer. All provisions of this chapter apply to
assessments levied under this section except:
a. An assessment may not exceed fifty cents per acre [.40 hectare] annually on
agricultural lands and may not exceed fifty cents annually for each five hundred
dollars of taxable valuation of nonagricultural property; and
b. If the assessment is for a project costing less than one hundred thousand dollars,
no action is required for the establishment of the assessment district or the
assessments except the board must approve the project and assessment by a
vote of two-thirds of the members and the board of county commissioners of the
county in which the project is located must approve and levy the assessments to
be made by a vote of two-thirds of its members.
(1) If a board that undertakes a project finds that the project will benefit lands
outside water resource district boundaries, the board shall provide notice to
the water resource board where the benefited lands are located together
with the report prepared under section 61-16.1-17.
(2) The board of each water resource district containing lands benefited by a
project must approve the project and assessment by a vote of two-thirds of
its members. The board of county commissioners in each county that
contains lands benefited by a project must approve and levy the
assessment to be made by a vote of two-thirds of its members.
(3) If a project and assessment is not approved by all affected water resource
boards and county commission boards, the board of each water resource
district and the board of county commissioners of each county shall meet to
ensure that all common water management problems are resolved pursuant
to section 61-16.1-10. In addition, the water resource board that undertakes
the project may proceed with the project if the board finances the cost of the
project and does not assess land outside the boundaries of the district.
c. All revenue from an assessment under this section must be exhausted before a
subsequent assessment covering any portion of lands subject to a prior
assessment may be levied.
2. Before an assessment may be levied under this section, a public hearing must be held
and attended by a quorum of the affected water resource boards and a quorum of the
affected boards of county commissioners. The hearing must be preceded by notice as
Page No. 6
to date, time, location, and subject matter published in the official newspaper in the
county or counties in which the proposed assessment is to be levied. The notice must
be published at least ten days but not more than thirty days before the public hearing.
61-16.1-09.2. Release of easements - Procedure.
When it deems such action to be in the best interests of the district or other political
subdivision, a water resource board or governing body of another political subdivision may
release easements assigned to it from the state for the construction, operation, and
maintenance of dams, along with access to the dams, if the dams are no longer useful.
61-16.1-10. Responsibilities and duties of water resource board.
Each water resource board shall:
1. Meet jointly with other water resource boards within a common river basin at least
twice each year at times and places as mutually agreed upon for the purpose of
reviewing and coordinating efforts for the maximum benefit of the entire river basin.
2. Cooperate with other water resource boards of a common river basin and provide
mutual assistance to the maximum extent possible.
3. Exercise jointly with other water resource districts within a river basin to effectively
resolve the significant and common water resource management problem or problems
of the river basin or region and to jointly develop a comprehensive plan for the river
basin or region.
4. Encourage all landowners to retain water on the land to the maximum extent possible
in accordance with sound water management policies, and carry out to the maximum
extent possible the water management policy that upstream landowners and districts
that have artificially altered the hydrologic scheme must share with downstream
landowners the responsibility of providing for proper management and control of
surface waters.
5. Address and consider fully in the planning of any surface water project the
downstream impacts caused by the project. A determination of whether to proceed
with the construction of a project shall be based on the following principles:
a. Reasonable necessity of the project.
b. Reasonable care to be taken to avoid unnecessary injury by fully considering all
alternatives.
c. Consideration of whether the utility or benefit accruing from the project
reasonably outweighs the adverse impacts resulting from the project.
6. Require that appropriate easements be obtained in accordance with applicable state
and federal law when projects will cause an adverse impact to lands of other
landowners.
61-16.1-11. Joint exercise of powers.
1. Two or more districts may, by agreement, jointly or cooperatively exercise any power
which is authorized a board by this title. The agreement shall state its purpose and the
powers to be exercised, and shall provide for the method by which the power or
powers shall be exercised. When the agreement provides for the use of a joint water
resource board, the joint board shall be representative of the boards which are parties
to the agreement. Notwithstanding other provisions of law, the agreement may specify
the number, composition, terms, or qualifications of the members of the joint board. A
joint board created under this section is a political subdivision of the state.
2. The districts which are parties to such an agreement may provide for disbursements
from their individual budgets to carry out the purpose of the agreement. In addition, a
joint board established pursuant to this section may adopt, by resolution, on or before
July first of each year, a budget showing estimated expenses for the ensuing fiscal
year and the proposed contributions of each member district as determined by the
agreement. The boards of the member districts then shall levy by resolution a tax not
to exceed two mills upon the taxable valuation of the real property within each district
Page No. 7
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within the river basin or region subject to the joint agreement. The levy may be in
excess of any other levy authorized for a district.
The proceeds of one-half of this levy shall be credited to the joint board's
administrative fund and shall be used for regulatory activities and for the construction
and maintenance of projects of common benefit to the member districts. The
remainder shall be credited to the construction funds of the joint board and shall be
used for the construction and maintenance of projects of common benefit to more than
one district.
Funds may be paid to and disbursed by the joint board as agreed upon, but the
method of disbursement shall agree as far as practicable with the method provided by
law for the disbursement of funds by individual districts. Contracts let and purchases
made under the agreements shall conform to the requirements applicable to contracts
and purchases by individual districts. The joint board shall be accountable for all funds
and reports of all receipts and disbursements to the state water commission in a
manner prescribed by the commission.
The agreement may be continued for a definite term or until rescinded or terminated in
accordance with its terms. The agreement shall provide for the disposition of any
property required as the result of a joint or cooperative exercise of powers, and the
return of any surplus moneys in proportion to contributions of the several contracting
districts after the purpose of the agreement has been completed.
Residence requirements for holding office in a district shall not apply to any officer
appointed to carry out any agreement.
This section does not dispense with procedural requirements of any other statute
providing for the joint or cooperative exercise of any governmental power.
61-16.1-12. Scope of water resource board's extraterritorial contractual authority Board may acquire property in adjoining states and provinces.
A water resource board shall have the right, power, and authority to enter into contracts or
other arrangements for water conservation, water supply, flood control, or other authorized
projects with the United States government or any department thereof, with the Canadian
government or any department thereof or any of its provinces or municipalities, with persons,
railroads, other corporations, or limited liability companies, with public corporations, and state
governments of this or other states, with drainage, water resource, conservation, conservancy,
or improvement districts, or other such districts in this or other states. Such contracts or
arrangements can provide for cooperation or assistance in planning, constructing, maintaining,
and operating such projects and in making investigations and reports thereon, and for the
carrying out of any other provision of this chapter. A water resource board may purchase, lease,
or acquire land or other property in adjoining states or provinces to secure outlets to construct
and maintain dikes or dams, or for other purposes authorized by this chapter and may let
contracts or spend money for securing such outlets or works in adjoining states or provinces. No
water resource board of any district shall have the right, power, or authority to connect boundary
waters having different natural outlets by artificial means so that the waters of one may be
discharged into the other.
61-16.1-12.1. Water resource boards - Agreements with state or federal agencies for
certain improvements.
A water resource board may enter into an agreement with any federal or state agency, or
any combination thereof, for the construction of a project, under the terms of which the contract
for the work is to be let by the federal or state agency or any combination thereof. If under the
terms of the agreement at least fifty percent of the total cost of constructing the project is to be
paid by the agency or agencies and if any portion of the cost of the project is to be paid by the
levy of special assessments, the board may by resolution create a project assessment district
for the purpose of levying special assessments to finance the amount that the district will be
obligated to pay in accordance with the agreement, over and above any other funds which are
on hand and properly available for that purpose. The assessment district must be of a size and
form as to include all properties which in the judgment of the board, after consultation with a
Page No. 8
registered engineer designated by the board for that purpose, will be benefited by the
construction of the proposed project, and the board shall direct the engineer to prepare a map
showing the boundaries of the proposed assessment district. The board shall by resolution
declare the necessity of the project, set forth the general nature and purpose of the proposed
project, estimate the total cost of the project, and the approximate amount or fraction of the cost
which the district will be obligated to pay under the agreement, and the fact that this amount, or
a lesser amount as the board may specify, is proposed to be paid by the levy of special
assessments upon property within the assessment district determined to be benefited by the
project. The board shall cause the resolution of necessity together with a copy of the map
showing the boundaries of the assessment district and a notice stating the date and time by
which the owners of any property liable to be specially assessed for the proposed project must
file their votes on the proposed project with the secretary of the board to be mailed to each
landowner affected by the proposed project as determined by the tax rolls of the county in which
the affected property is located. The board may send the material by certified mail or by regular
mail attested by an affidavit of mailing signed by the attorney or secretary of the board. The
notice must also set forth the time and place where the board shall meet to determine whether
the project is approved. The notice must also be published once in a newspaper of general
circulation in the district and once in the official county newspaper of each county in which the
benefited lands are located. Within five days after the first mailing of the resolution the board
shall cause a copy of the resolution to be personally served upon any county, city, or township,
in its corporate capacity which may be benefited directly or indirectly from the construction of the
proposed project and upon any county which may become liable for any deficiency in the fund
to be created for the project, by delivering a copy of the resolution to any member of the
governing body thereof. The meeting must be held not less than thirty days after the mailing of
the resolution, at which time the board shall determine whether the project is approved. If the
board finds that fifty percent or more of the total votes filed are against a proposed project, then
the board may not proceed further with the proposed project. If the board finds that less than
fifty percent of votes filed are against the proposed project, the board may proceed with the
project. In any assessment district created under this section the board may dispense with all
other requirements of this chapter, other than those stated in this section. After the contract for
the work has been let, the board may issue warrants on the fund of the project for the total
amount of the cost thereof, and the board, without holding the hearing required by section
61-16.1-18, shall proceed to determine and levy any assessments against property benefited by
the project and prepare an assessment list all in accordance with the procedures required by
sections 61-16.1-21 through 61-16.1-24. The provisions of sections 61-16.1-25 through
61-16.1-36 are applicable to the assessments and the special warrants issued pursuant to this
section.
61-16.1-13. Master plans.
Repealed by S.L. 1985, ch. 678, § 2.
61-16.1-14. Contracts for construction or maintenance of project.
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 cost of the construction
or maintenance exceeds the amount provided for construction of a public improvement under
section 48-01.2-02, the board must let a contract in accordance with chapter 48-01.2.
61-16.1-15. Financing project through revenue bonds, general taxes, or special
assessments - Apportionment of benefits.
A water resource board shall have the authority, either upon request or by its own motion, to
acquire needed interest in property and provide for the cost of construction, alteration, repair,
operation, and maintenance of a project through issuance of improvement warrants or with
funds raised by special assessments, general tax levy, issuance of revenue bonds, or by a
combination of general ad valorem tax, special assessments, and revenue bonds. Whenever a
Page No. 9
water resource board decides to acquire property or interests in property to construct, operate,
alter, repair, or maintain a project with funds raised in whole or in part through special
assessments, such assessments shall be apportioned to and spread upon lands or premises
benefited by the project in proportion to and in accordance with benefits accruing thereto. The
board shall assess the proportion of the cost of the project, or the part of the cost to be financed
with funds raised through levy and collection of special assessments which any lot, piece, or
parcel of land shall bear in proportion to the benefits accruing thereto and any county, city, or
township which is benefited thereby. In determining assessments, the water resource board
shall carry out to the maximum extent possible the water management policy of this chapter that
upstream landowners must share with downstream landowners the responsibility to provide for
the proper management of surface waters.
61-16.1-16. Revenue bonds.
Each district shall have the power and authority to issue revenue bonds, not exceeding an
aggregate total outstanding of ten million dollars, for the purpose of financing construction of
projects and incidental facilities authorized by this chapter. Issuance of revenue bonds must be
approved by two-thirds of all of the members of the water resource board. The district shall
pledge sufficient revenue from any revenue-producing facility constructed with the aid of
revenue bonds for the payment of principal and interest on the bonds and shall establish rates
for the facilities at a sufficient level to provide for the operation of such facilities and for the bond
payments. Revenue bonds shall not be a general obligation of any county and shall not be
secured by property taxes.
61-16.1-17. Financing of special improvements - Procedure.
When it is proposed to finance in whole or in part the construction of a project with funds
raised through the collection of special assessments levied against lands and premises
benefited by construction and maintenance of such project, the water resource board shall
examine the proposed project, and if in its opinion further proceedings are warranted, it shall
adopt a resolution and declare that it is necessary to construct and maintain the project. The
resolution shall briefly state the nature and purpose of the proposed project and shall designate
a registered engineer to assist the board. For the purpose of making examinations or surveys,
the board or its employees, after written notice to each landowner, may enter upon any land on
which the proposed project is located or any other lands necessary to gain access. The
engineer shall prepare profiles, plans, and specifications of the proposed project and estimates
of the total cost thereof. The estimate of costs prepared by the engineer shall include acquisition
of right of way and shall be in sufficient detail to allow the board to determine the probable share
of the total costs that will be assessed against each of the affected landowners in the proposed
project assessment district.
61-16.1-18. Hearing - Notice - Contents.
Upon the filing of the engineer's report provided for in section 61-16.1-17, and after
satisfying the requirements of section 61-16.1-21, the water resource board shall fix a date and
place for public hearing on the proposed project. The place of hearing must be in the vicinity of
the proposed project and must be convenient and accessible for the majority of the landowners
subject to assessment for the project or whose property is subject to condemnation for the
proposed project. The board shall cause a complete list of the benefits and assessments to be
made, setting forth each county, township, or city assessed in its corporate capacity as well as
each lot, piece, or parcel of land assessed, the amount each is benefited by the improvement
and the amount assessed against each. At least ten days before the hearing, the board shall file
with the county auditor of each county or counties in which the project is or will be located the
list showing the percentage assessment against each parcel of land benefited by the proposed
project and the approximate assessment in terms of money apportioned thereto. Notice of the
filing must be included in the notice of hearing. Notices of the hearing must contain a copy of the
resolution of the board as well as the time and place where the board will conduct the hearing.
The notice of hearing must specify the general nature of the project as finally determined by the
Page No. 10
engineer and the board. The notice of hearing must also specify when and where votes
concerning the proposed project may be filed. The assessment list showing the percentage
assessment against each parcel of land benefited by the proposed project and the approximate
assessment in terms of money apportioned thereto, along with a copy of the notice of the
hearing, must be mailed to each affected landowner at the landowner's address as shown by
the tax rolls of the county or counties in which the affected property is located. The board may
send the assessment list and notice by regular mail attested by an affidavit of mailing signed by
the attorney or secretary of the board. The board shall cause the notice of hearing to be
published once a week for two consecutive weeks in the newspaper or newspapers of general
circulation in the area in which the affected landowners reside and in the official county
newspaper of each county in which the benefited lands are located. The date set for the hearing
must not be less than twenty days after the mailing of the notice. A record of the hearing must
be made by the board, including a list of affected landowners present in person or by agent, and
the record must be preserved in the minutes of the meeting. Affected landowners, and the
governing body of any county, township, or city to be assessed, must be informed at the hearing
of the probable total cost of the project and their individual share of the cost and the portion of
their property, if any, to be condemned for the project.
61-16.1-19. Voting on proposed projects.
At the hearing, the affected landowners, and any county, township, or city to be assessed,
must also be informed when and where votes concerning the proposed project may be filed.
Affected landowners, and the governing body of any county, township, or city to be assessed,
have thirty days after the date of the hearing to file their votes with the secretary of the water
resource board concerning the project. Once the deadline for filing votes has been reached, no
more votes may be filed and no person may withdraw a vote. Any withdrawal of a vote
concerning the proposed project before that time must be in writing. When the votes have been
filed and the deadline for filing votes has passed, the board shall immediately determine
whether the project is approved. If the board finds that fifty percent or more of the total votes
filed are against the proposed project, then the vote constitutes a bar against proceeding further
with the project. If the board finds that the number of votes filed against the proposed project is
less than fifty percent of the votes filed, the board shall issue an order establishing the proposed
project and may proceed, after complying with the requirements of sections 61-16.1-21 and
61-16.1-22, to contract or provide for the construction or maintenance of the project in
substantially the manner and according to the forms and procedure provided in title 40 for the
construction of sewers within municipalities. The board may enter into an agreement with any
federal or state agency under the terms of which the contract for the project is to be let by the
federal agency, the state agency, or a combination thereof. In projects in which there is an
agreement that a party other than the board will let the contract, the board may dispense with all
of the requirements of title 40. Upon making an order establishing or denying establishment of a
project, the board shall publish notice of the order in a newspaper of general circulation in the
area in which the affected landowners reside and in the official county newspaper of each
county in which the benefited lands are located. Any right of appeal begins to run on the date of
publication of the notice. As used in this section, "board" means water resource board.
61-16.1-20. Voting right or powers of landowners.
In order that there may be a fair relation 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 section.
The landowner or landowners of tracts of land affected by the project have one vote for each
dollar of assessment that the land is subject to or one vote for each dollar of the assessed
valuation of land condemned for the project, as determined in accordance with title 57. The
governing body of any county, township, or city to be assessed also has one vote for each dollar
of assessment against such county, township, or city. There may be only one vote for each
dollar of assessment, regardless of the number of owners of such tract of land. Where more
than one owner of such land exists, the votes must be prorated among them in accordance with
Page No. 11
each owner's property interest. A written power of attorney authorizes an agent to protest a
project on behalf of any affected landowner or landowners.
61-16.1-21. Assessment of cost of project.
Whenever the water resource board proposes to make any special assessment under the
provisions of this chapter, the board, prior to the hearing required under section 61-16.1-18,
shall inspect any and all lots and parcels of land, which may be subject to assessment and shall
determine from the inspection the particular lots and parcels of lands which, in the opinion of the
board, will be especially benefited by the construction of the work for which the assessment is
made and shall assess the proportion of the total cost of acquiring right of way and constructing
and maintaining such improvement in accordance with benefits received but not exceeding such
benefits, against:
1. Any county, township, or city, in its corporate capacity, which may be benefited directly
or indirectly thereby.
2. Any lot, piece, or parcel of land which is directly benefited by such improvement.
In determining benefits the board shall consider, among other factors, property values, degree
of improvement of properties, productivity, and the water management policy as expressed in
section 61-16.1-15. Property belonging to the United States shall be exempt from such
assessment, unless the United States has provided for the payment of any assessment which
may be levied against its property for benefits received. Benefited property belonging to
counties, cities, school districts, park districts, and townships shall not be exempt from such
assessment and political subdivisions whose property is so assessed shall provide for the
payment of such assessments, installments thereof, and interest thereon, by the levy of taxes
according to law. Any county, township, or city assessed in its corporate capacity for benefits
received shall provide for the payment of such assessments, installments thereof, and interest
thereon from its general fund or by levy of a general property tax against all the taxable property
therein in accordance with law. No tax limitation provided by any statute of this state shall apply
to tax levies made by any such political subdivision for the purpose of paying any special
assessments made in accordance with the provisions of this chapter. There shall be attached to
the list of assessments a certificate signed by a majority of the members of the board certifying
that the same is a true and correct assessment of the benefit therein described to the best of
their judgment and stating the several items of expense included in the assessment.
61-16.1-22. Assessment list to be published - Notice of hearing - Alteration of
assessments - Confirmation of assessment list - Filing.
After entering an order establishing the project, the water resource board shall cause the
assessment list to be published once each week for two successive weeks in the newspaper or
newspapers of general circulation in the district and in the official county newspaper of each
county in which the benefited lands are located together with a notice of the time when, and
place where, the board will meet to hear objections to any assessment by any interested party,
or an agent or attorney for that party. The board also shall mail a copy of the notice to each
affected landowner at the landowner's address as shown by the tax rolls of the county or
counties in which the affected property is located. The date set for the hearing may not be less
than twenty days after the mailing of the notice. At the hearing, the board may make such
alterations in the assessments as in its opinion may be just and necessary to correct any error
in the assessment but must make the aggregate of all assessments equal to the total amount
required to pay the entire cost of the work for which the assessments are made, or the part of
the cost to be paid by special assessment. An assessment may not exceed the benefit as
determined by the board to the parcel of land or political subdivision assessed. The board shall
then confirm the assessment list and the secretary shall attach to the list a certificate that the
same is correct as confirmed by the board and shall file the list in the office of the secretary.
61-16.1-23. Appeal to state engineer.
After the hearing provided for in section 61-16.1-22, affected landowners and any political
subdivision subject to assessment, having not less than twenty-five percent of the possible
Page No. 12
votes, as determined by section 61-16.1-20, who believe that the assessment had not been
fairly or equitably made, or that the project is not properly located or designed, may appeal to
the state engineer by petition, within ten days after the hearing on assessments, to make a
review of the assessments and to examine the location and design of the proposed project.
Upon receipt of such petition the state engineer shall examine the lands assessed and the
location and design of the proposed project, and if it appears that the assessments have not
been made equitably, the state engineer may proceed to correct the same, and the state
engineer's correction and adjustment of said assessment is final. Should it appear that, in the
judgment of the state engineer, the project has been improperly located or designed, the state
engineer may order a relocation and redesign. Such relocation and redesign must be followed in
the construction of the proposed project. Upon filing a bond for two hundred fifty dollars with the
board for the payment of the costs of the state engineer in the matter, any landowner or political
subdivision who or which claims that the landowner or political subdivision will receive no benefit
at all from the construction of a new project may appeal to the state engineer within ten days
after the hearing on assessments, the question of whether there is any benefit. The state
engineer may not determine the specific amount of benefit upon an appeal by an individual
landowner or political subdivision, but shall only determine if there is any benefit to the
landowner or political subdivision, and the determination of the state engineer upon such
question is final.
61-16.1-24. When assessments may be made.
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 water resource
board, the board may direct special assessments to be levied for the payment of appropriate
costs, and the secretary shall certify to the board the items of total cost to be paid by special
assessments so far as they have been ascertained. The certificate shall include the estimated
construction cost under the terms of any contract, a reasonable allowance for cost of extra work
which may be authorized under the plans and specifications, acquisition of right of way,
engineering, fiscal agents' and attorney's fees for any services in connection with the
authorization and financing of the improvement, cost of publication of required notices, and
printing of improvement warrants, cost necessarily paid for damages caused by such
improvement, interest during the construction period, and all expenses incurred in making the
improvement and levy of assessments.
In no event shall any contract or contracts be awarded which exceed, by twenty percent or
more, the estimated cost of the project as presented to and approved by the affected
landowners.
61-16.1-25. Financial reports - Liability for deficiencies.
In June and December of each year and as otherwise required by the county commission
appointing the managers of the district, the district treasurer shall report to the water resource
board in writing the amount of money in the treasury, the receipts, if any, in the preceding period
and the amount and items of expenditure during that period. The report shall be verified and
filed with the secretary of the district. A verified copy of the report shall also be filed in the office
of the county auditor of each county in which the district lies and shall be open to public
inspection.
During the month of January of each year, the water resource board shall prepare a
complete statement of the condition of the finances of the district for the past year and shall
cause the same to be filed with the county auditor of each county in which the district lies on or
before February first next following. Such statement shall show separately, and in detail, the
condition and resources of each and every assessment fund for the payment of project warrants
of the district, including the amount of any anticipated deficit and the apportionment thereof. At
its February meeting next following the filing of the statement of condition of any district, the
board of county commissioners shall examine the statement and make inquiry regarding the
same to determine whether or not the district has defaulted or may soon default on payment of
its financial obligations as the same become due.
Page No. 13
Whenever all special assessments collected for a project are insufficient to pay the special
assessment warrants issued against such project, coming due within the following thirteen
months, with interest, the board of county commissioners of each of the counties wherein the
district lies shall advance to the district project warrant fund an amount sufficient to pay the
deficiency attributable to benefited property in each county. If it appears to the board at any time
that a deficiency exists or is likely to occur within one year in such project warrant fund for the
payment of principal or interest due or to become due on such warrants, the board of county
commissioners of each of the counties wherein the district lies, in order to forestall imminent
deficiency in such fund or to promptly restore the ability of such fund to pay principal and
interest punctually as the same become due, shall advance to such project fund the amount
necessary to cover the anticipated deficiency attributable to benefited property in such county.
In order to make such advances, the board of county commissioners of each of the counties
shall levy a general tax upon the taxable property in the county, and may issue certificates of
indebtedness against levies so made, or shall pay such advances from its general fund.
Advances made by the county or counties shall be obligations of the district to be met out of any
surplus in the district project warrant fund, and future district budgets and tax levies for the
district after provision has been made for necessary current expenses. No tax limitation
provided by any statute of this state shall apply to tax levies made by any county for the purpose
of making any advances in accordance with the provisions of this section.
61-16.1-26. Reassessment of benefits.
The water resource board may hold at any time or, upon petition of any affected landowner
or political subdivision which has been assessed after a project has been in existence for at
least one year, shall hold a hearing for the purpose of determining the benefits of such project to
each tract of land affected. At least ten days' notice of the hearing must be given by publication
in the newspaper or newspapers having general circulation in the district and in the official
county newspaper of each county in which the benefited lands are located and by mailing notice
thereof by ordinary mail to each owner of land whose assessment is proposed to be raised as
determined by the records of the recorder or county treasurer. The provisions of this chapter
governing the original determination of benefits and assessment of costs apply to any
reassessment of benefits carried out under this section. The board may not be forced to make
such reassessment more than once every ten years, nor may any assessment or balance
thereof supporting a project fund be reduced or impaired by reassessment or otherwise so long
as bonds payable out of such fund remain unpaid and moneys are not available in such fund to
pay all such bonds in full, with interest. Costs of maintenance must be prorated in accordance
with any plan for reassessment of benefits that has been adopted.
61-16.1-27. Correction of errors and mistakes in special assessments - Requirements
governing.
If mathematical errors or other such mistakes occur in making any assessment resulting in
a deficiency in that assessment, the board shall cause additional assessments to be made in a
manner substantially complying with chapter 40-26 as it relates to special assessments.
61-16.1-28. Certification of assessments to county auditor.
When a water resource 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 shall bear, which rate shall not exceed one and one-half percent above the
warrant rate. Interest on unpaid special assessments shall commence on the date the
assessments are finally confirmed by the board. Special assessments may be certified and
made payable in equal annual installments, the last of which shall be due and payable not more
than thirty years after the date of the warrants to be paid. The secretary of the district shall
certify to the county auditor of the county in which the district is situated, or if the district
embraces more than one county, to the county auditor of each county in which district lands
subject to such special assessments are situated, the total amount assessed against such lands
in that county and the proportion or percentage of such amount assessed against each piece,
Page No. 14
parcel, lot, or tract of land. The secretary of the district shall also file with the county auditor of
each county in which district lands lie a statement showing the cost of the project, the part
thereof, if any, which will be paid out of the general taxes, and the part to be financed by special
assessments. Funds needed to pay the cost of maintaining a project may be raised in the same
manner as funds were raised to meet construction costs. If the project was financed in whole or
in part through the use of special assessments, the water resource board shall prorate the costs
of maintaining projects in the same proportion as were the original costs of construction or, in
the event a reassessment of benefits has been adopted, the costs shall be prorated in
accordance with the reassessment of benefits as authorized by section 61-16.1-54.
61-16.1-29. Extension of special assessments on tax lists - Collection - Payment to
district.
The county auditor of each county shall extend the special assessments certified to the
county auditor on the tax list of the district for the current year and such assessments, with
interest and penalties, if any, shall be collected by the county treasurer as general taxes are
collected and shall be paid to the treasurer of the district.
61-16.1-30. Lien of special assessment.
A special assessment imposed by a district, together with interest and penalties which
accrue thereon, shall become a lien upon the property on which the assessment is levied from
the time the assessment list is approved by the water resource board until the assessment is
fully paid. Such liens shall have precedence over all other liens except general tax liens and
shall not be divested by any judicial sale. No mistake in the description of the property covered
by the special assessment lien or in the name of the owner of such property shall defeat the lien
if the assessed property can be identified by the description in the assessment list. This chapter
shall be considered notice to all subsequent encumbrancers of the priority of special
assessments imposed under this chapter.
61-16.1-31. Foreclosure of tax lien on property when general and special assessment
taxes are delinquent.
Special assessments imposed under this chapter shall become due and delinquent and
shall be subject to penalties and nonpayment at the same date and rates as first installments of
real estate taxes at the same time and in the same manner as provided in title 57.
If there is no delinquent general property tax against a tract or parcel of land and it is
foreclosed for special assessments alone, the notice of foreclosure of tax lien shall state that the
foreclosure is for special assessments and a tax deed in such case shall be issued in the usual
course of procedure.
61-16.1-32. Collection of tax or assessment levied not to be enjoined or declared void
- Exceptions.
The collection of any tax or assessment levied or ordered to be levied to pay for the location
and construction of any project under the provisions of this chapter shall not be enjoined
perpetually or absolutely declared void by reason of any of the following:
1. Any error of any officer or board in the location and establishment thereof.
2. Any error or informality appearing in the record of the proceedings by which any
project was established.
3. A lack of any proper conveyance or condemnation of the right of way.
The court in which any proceeding is brought to reverse or declare void the proceedings by
which any project has been established, or to enjoin the tax levied to pay therefor, on application
of either party, shall order examination of the premises, or survey of the same, or both, as may
be deemed necessary. The court, on a final hearing, shall enter an order which is just and
equitable, and may order the tax or any part thereof to remain on the tax lists for collection, or if
the tax were paid under protest, may order, if justice requires, the whole or any part thereof to
be refunded. The costs of such proceedings shall be apportioned among the parties as justice
may require.
Page No. 15
61-16.1-33. Water resource board may apportion assessments for benefits of a
project against a county or city or any tract of land benefited.
Whenever a water resource board discovers or ascertains that the county, a township, or
city therein, or that any tract, parcel, or piece of land is being benefited by a project and that the
county or such township, municipality, tract, piece, or parcel of land was not included in the
project area assessed for the cost of construction and maintenance of the project when
established, the board shall commence proceedings for reassessment of lands originally
assessed for the cost of establishing and constructing such project and shall apportion and
assess the part of the balance remaining unpaid, if any, of the cost of such project, and the
expense of maintenance, which such county, township, or city and each tract of land found
benefited thereby should bear.
Before making such reassessment or reapportionment of benefits, the board shall hold a
hearing for the purpose of determining the benefits of the project to the county, such township,
or city and to each tract, piece, or parcel of land being benefited. At least ten days' notice of the
hearing shall be given by publication in the newspaper or newspapers having general circulation
in the county and by mailing notice thereof to each owner of land assessed for the cost of
construction and maintenance when the project was established, and by mailing such notice to
the governing body of the county, township, municipality, and to the owner, as determined by the
records in the office of the recorder or county treasurer of each tract, piece, or parcel of land
found to be benefited since the establishment of the project. The provisions of this chapter
governing the original determination of benefits and assessment of costs shall apply to the
reassessment and assessment of benefits carried out under the provisions of this section.
61-16.1-34. Warrants - When payable - Amounts - Interest - Interest coupons.
A district may, at any time after entering into a contract for a project to be financed in whole
or in part by special assessments, issue temporary and definitive warrants on the project fund,
created for that purpose, in the manner and subject to the limitations prescribed in section
40-24-19. If the warrants are issued to finance a sewer or water project, the net revenues
derived from the imposition of service charges to be imposed and collected with respect thereto
as provided in section 40-22-16 may be pledged to payment of those warrants, except that the
first maturity date of any such warrant shall not be less than two years from the date of
issuance. Warrants issued under this section shall be in such amounts as in the judgment of the
water resource board will be necessary for the project. The warrants shall bear interest at a rate
or rates and be sold at a price resulting in an average net interest cost not exceeding twelve
percent per annum if sold at private sale. There is no interest rate ceiling on warrant issues sold
at public sale or to the state of North Dakota or any of its agencies or instrumentalities. Coupons
evidencing the interest for each year or half year, as the case may be, may be attached to the
warrants. The warrants shall state upon their face the purpose for which they are issued and the
project fund from which they are payable and shall be signed by the chairman of the water
resource board and countersigned by the secretary of the district. The warrants shall be payable
serially in such amounts as the board determines, extending over a period of not more than
thirty years.
61-16.1-35. Warrants may be used in making payments on contract - Warrants
payable out of fund on which drawn - May be used to pay special assessments.
Improvement warrants may be used in making payments on contracts for construction of
the project for which the special assessment fund was created, or may be sold for cash at not
less than ninety-eight percent of par and accrued interest, and the proceeds thereof, less
accrued interest, shall be credited to the construction account of such fund and shall be used
exclusively to pay such contracts and construction costs. Any balance remaining in any
construction account after completion of a project shall be transferred to the sinking fund
account of the assessment fund. The treasurer of the district shall pay special assessment
warrants and any interest coupons attached thereto as they mature and are presented for
payment out of the fund on which they are drawn and shall cancel the warrants and any
coupons when paid.
Page No. 16
61-16.1-36. Refunding special assessment warrants - Purposes for which such
warrants may be issued - Payment of warrants.
Any district having outstanding special assessment warrants, payable in whole or in part out
of collections from special assessments, which are past due or which are redeemable, either at
the option of the district or with the consent of the warrant holders, may issue refunding special
assessment warrants or bonds if there is not sufficient money in the project fund against which
such warrants are drawn to pay the same. The issuance of refunding warrants or bonds shall be
authorized by resolution of the water resource board. The resolution shall describe the warrants
to be refunded and the amount and maturity thereof. Refunding warrants may be issued for any
of the following purposes:
1. Extend the maturities of warrants payable in whole or in part by special assessments.
2. Reduce the interest on such warrants.
3. Equalize the general property tax which the district may be, or may become, obligated
to levy in order to cover deficiencies in the fund against which warrants were issued.
Refunding warrants or bonds shall bear such date, be in such date, be in such
denominations, and shall mature serially within such time, not exceeding thirty years from the
date of issuance, as the water resource board shall determine. The average rate of interest on
such warrants shall not exceed the average rate of interest on refunded warrants.
The treasurer of the district shall pay special assessment warrants, and the interest
coupons attached thereto, as they mature and are presented for payment out of the fund
against which they are drawn and shall cancel the warrants when paid.
Any deficiency in any fund created for the payment of district warrants payable in whole or
in part out of collections of special assessment taxes shall be the general obligation of the water
resource district.
61-16.1-37. Commission, state engineer, and water resource board shall encourage
both structural and nonstructural alternatives.
The commission, state engineer, and the appropriate water resource board shall encourage
both structural and nonstructural solutions to water management problems within the district by
federal and state agencies, private individuals, public and private corporations, and limited
liability companies, and shall lend their aid, counsel, and assistance to any such solutions. All
structural alternatives, including dams, dikes, drains, and other works, whether constructed by
public authorities or private persons, unless specifically exempted therefrom, shall be subject to
all the provisions of this chapter.
61-16.1-38. Permit to construct or modify dam, dike, or other device required - Penalty
- Emergency.
No dikes, dams, or other devices for water conservation, flood control regulation, watershed
improvement, or storage of water which are capable of retaining, obstructing, or diverting more
than fifty acre-feet [61674.08 cubic meters] of water or twenty-five acre-feet [30837.04 cubic
meters] of water for a medium-hazard or high-hazard dam, may be constructed within any
district except in accordance with the provisions of this chapter. An application for the
construction of any dike, dam, or other device, along with complete plans and specifications,
must be presented first to the state engineer. Except for low-hazard dams less than ten feet
[3.05 meters] in height, the plans and specifications must be completed by a professional
engineer registered in this state. After receipt, the state engineer shall consider the application
in such detail as the state engineer deems necessary and proper. The state engineer shall
refuse to allow the construction of any unsafe or improper dike, dam, or other device which
would interfere with the orderly control of the water resources of the district, or may order such
changes, conditions, or modifications as in the judgment of the state engineer may be
necessary for safety or the protection of property. Within forty-five days after receipt of the
application, except in unique or complex situations, the state engineer shall complete the state
engineer's initial review of the application and forward the application, along with any changes,
conditions, or modifications, to the water resource board of the district within which the
contemplated project is located. The board thereupon shall consider, within forty-five days, the
application, and suggest any changes, conditions, or modifications to the state engineer. If the
Page No. 17
application meets with the board's approval, the board shall forward the approved application to
the state engineer. If the board fails to respond within forty-five days, it shall be determined the
board has no changes, conditions, or modifications. The state engineer shall make the final
decision on the application and forward that decision to the applicant and the local water
resource board. The state engineer may issue temporary permits for dikes, dams, or other
devices in cases of an emergency. Any person constructing a dam, dike, or other device, which
is capable of retaining, obstructing, or diverting more than fifty acre-feet [61674.08 cubic meters]
of water or twenty-five acre-feet [30837.04 cubic meters] of water for a medium-hazard or
high-hazard dam, without first securing a permit to do so, as required by this section, is liable for
all damages proximately caused by the dam, dike, or other device, and is guilty of a class B
misdemeanor.
61-16.1-39. Dams or other devices constructed within a district shall come under
control of a water resource board.
All dams, dikes, and other water conservation and flood control works or devices
constructed within any district, unless specifically exempted therefrom, shall, without affecting
the commission's or the state engineer's authority relative to such works, automatically come
under the jurisdiction of the water resource board for the district within which the dam, dike,
works, or device exists or is to be constructed. No changes or modification of any existing dams,
dikes, or other works or devices shall be made without complying fully with the provisions of this
chapter.
61-16.1-39.1. Petition for maintenance - Bond required.
A written petition for maintenance of a project other than an assessment drain may be made
to the board under this section. The petition shall designate the maintenance requested. The
petition must be signed by six, or if a majority is less than six, by a majority of the landowners
within the area benefited by the project. The petitioners shall supply a surety bond in the amount
of two hundred fifty dollars. The bond must be for the payment of costs if the board finds the
petition was improvidently made.
61-16.1-39.2. Maintenance of project - Exception.
If, upon receipt of a petition meeting the requirements of section 61-16.1-39.1, or upon the
board's own motion, the board determines a project established under the provisions of this
chapter requires maintenance, the board may provide the required maintenance by using the
same method used initially to finance the project. Unless otherwise provided by law or
agreement, the participation of the state in financing the initial project does not bind the state to
finance any maintenance. Any maintenance financed through special assessments may not
exceed the maximum levy established by section 61-16.1-45. This section does not apply to
maintenance of assessment drains.
61-16.1-40. When dams constructed by federal agency under control of district.
Any dam, dike, or other water control device or flood control project constructed by or with
the assistance of any federal agency but which is not maintained or operated by any federal
agency shall become the responsibility of the district where it is located. The district may take
any action concerning this dam, dike, or other water control device it deems feasible or
necessary.
61-16.1-40.1. Maintenance of federally constructed projects - Assessment district
established.
With regard to projects constructed by a federal agency, including the soil conservation
service or natural resources conservation service, the water resource board may finance in
whole or in part the maintenance of the project with funds raised through the collection of a
special assessment levied against the land and premises benefited by maintenance of the
project. The assessments to be levied may not exceed four dollars per acre [.40 hectare]
annually on agricultural lands and may not exceed two dollars annually for each five hundred
Page No. 18
dollars of taxable valuation of nonagricultural property. No action is required for the
establishment of the assessment district or the assessments except the water resource board
must approve the maintenance and assessment therefor by a vote of two-thirds of the members
and the board of county commissioners of the county in which the project is located must
approve and levy the assessments to be made by a vote of two-thirds of its members. If a board
that undertakes a project finds that the project may benefit lands in this state outside water
resource district boundaries, the board shall provide notice to the water resource board where
the benefited lands are located. The board of each water resource district containing lands
benefited by a project must approve the project and assessment by vote of two-thirds of its
members. The board of county commissioners in each county that contains lands benefited by a
project must approve and levy the assessment to be made by vote of two-thirds of its members.
If a project and assessment is not approved by all affected water resource boards and boards of
county commissioners, the board of each water resource district and the board of county
commissioners of each county shall meet to ensure that all common water management
problems are jointly addressed. In addition, the water resource board that undertakes the
project may proceed with the project if the board finances the cost of the project and does not
assess land outside of the district. Before an assessment may be levied under this section, a
public hearing must be held. The hearing must be preceded by notice as to date, time, location,
and subject matter published in the official newspaper in the county or counties in which the
proposed assessment is to be levied. The notice must be published at least ten days but not
more than thirty days before the public hearing.
61-16.1-41. Permit to drain waters required - Penalty.
Repealed by S.L. 1987, ch. 642, § 13.
61-16.1-41.1. Removal or placement of fill.
Prior to removing or placing any fill adjacent to a watercourse, the person responsible shall
provide written notice to the district describing the amount and type of fill to be placed or
removed and the location of the activity.
For purposes of this section, "adjacent" means within two hundred feet [60.96 meters] of the
bank of the body of water during normal flow or stage.
The requirements of this section do not apply to surface coal mining and reclamation
operations for which a permit has been secured from the public service commission pursuant to
chapter 38-14.1.
61-16.1-42. Drains along and across public roads and railroads.
Drains may be laid along, within the limits of, or across any public road or highway, but not
to the injury of such road. In instances where it is necessary to run a drain across a highway, the
department of transportation, the board of county commissioners, or the board of township
supervisors, as the case may be, when notified by the water resource board to do so, shall
make necessary openings through the road or highway at its own expense, and shall build and
keep in repair all required culverts or bridges as provided under section 61-16.1-43. In instances
where drains are laid along or within the rights of way of roads or highways, the drains shall be
maintained and kept open by and at the expense of the water resource district concerned. A
drain may be laid along any railroad when necessary, but not to the injury of the railroad, and
when it is necessary to run a drain across the railroad, the railroad company, when notified by
the water resource board to do so, shall make the necessary opening through such railroad,
shall build the required bridges and culverts, and shall keep them in repair.
61-16.1-43. Construction of bridges and culverts - Costs.
The water resource board shall construct such bridges or culverts over or in connection with
a drain as in its judgment may be necessary to furnish passage from one part to another of any
private farm or tract of land intersected by such drain. The cost of such construction shall be
charged as part of the cost of constructing the drain, and any such bridge, culvert, or
Page No. 19
passageway shall be maintained under the authority of the water resource board, and the
necessary expense shall be deemed a part of the cost of maintenance.
Whenever any bridge or culvert is to be constructed on a county or township highway
system over and across or in connection with a drain, the cost of constructing such bridge or
culvert shall be shared in the following manner:
1. The state water commission may, if funds are available, participate in accordance with
such rules and regulations as it may prescribe. The remaining cost shall be borne forty
percent by the county and sixty percent by the district which has created the need for
such construction.
2. If, however, moneys have not been made available to the commission for participation
in accordance with subsection 1, then forty percent of the cost of a bridge or culvert
shall be paid by the county and sixty percent shall be charged as the cost of the drain
to the district.
3. Where such bridges or culverts are constructed with federal financial participation, the
costs exceeding the amount of the federal participation shall be borne by the district
and county according to the provisions of this section, as the case may be.
61-16.1-44. Culvert and pipe arch bids and acceptance.
A water resource board may advertise for bids to supply culverts and pipe arches and may
accept one or more low bids. A board may utilize bids for such materials received by the county
within which the board has jurisdiction and may accept one or more low bids. The board may
then purchase materials from the accepted low bidder or bidders for a period of one year from
the date of the original acceptance of the bids.
61-16.1-45. Maintenance of drainage projects.
1. If it is desired to provide for maintenance of an assessment drain in whole or in part by
means of special assessments, the levy in any year for the maintenance may not
exceed four dollars per acre [.40 hectare] on any agricultural lands benefited by the
drain. The district, at its own discretion, may utilize either of the following methods for
levying special assessments for the maintenance:
a. Agricultural lands that carried the highest assessment when the drain was
originally established, or received the most benefits under a reassessment of
benefits, may be assessed the maximum amount of four dollars per acre
[.40 hectare]. The assessment of other agricultural lands in the district must be
based upon the proportion that the assessment of benefits at the time of
construction or at the time of any reassessment of benefits bears to the
assessment of the benefits of the agricultural land assessed the full four dollars
per acre [.40 hectare]. Nonagricultural property must be assessed the sum in any
one year as the ratio of the benefits under the original assessments or any
reassessment bears to the assessment of agricultural lands bearing the highest
assessment.
b. Agricultural lands must be assessed uniformly throughout the entire assessed
area. Nonagricultural property must be assessed an amount not to exceed two
dollars for each five hundred dollars of taxable valuation of the nonagricultural
property.
2. In case the maximum levy or assessment on agricultural and nonagricultural property
for any year will not produce an amount sufficient to cover the cost of cleaning out and
repairing the drain, a water resource board may accumulate a fund in an amount not
exceeding the sum produced by the maximum permissible levy for six years.
3. If the cost of, or obligation for, the cleaning and repairing of any drain exceeds the total
amount that may be levied by the board in any six-year period, the board shall obtain
the approval of the majority of the landowners as determined by chapter 61-16.1
before obligating the district for the costs.
Page No. 20
61-16.1-46. Establishing new drains in location of invalid or abandoned drain.
If any of the proceedings for the location, establishment, or construction of any drain under
the provisions of this chapter shall have been enjoined, vacated, set aside, declared void, or
voluntarily abandoned by the water resource board, for any reason whatsoever, the board may
proceed under the provisions of sections 61-16.1-17 through 61-16.1-22 to locate, establish,
and construct a new drain at substantially the same location as the abandoned or invalid drain.
For the purposes of this chapter, a drain that is not properly maintained shall be considered
abandoned. When a new drain is established at substantially the same location, the board shall
ascertain the real value of services rendered, moneys expended and work done under the
invalid or abandoned proceedings, and the extent to which the same contributes to the
construction and completion of the new drain. The board shall then issue warrants in an amount
not exceeding the value to the new drain of the work completed on the invalid or abandoned
drain and shall deliver such new warrants, pro rata, to the owners or holders of old warrants or
bonds issued under the invalid or abandoned drainage proceedings, upon the surrender of such
old warrants or bonds by the holder or holders thereof.
61-16.1-47. Drain kept open and in repair by water resource board.
All assessment drains that have been constructed in any district, except township drains,
shall be under the charge of the water resource board and it shall be the duty of the board to
keep those drains open and in good repair. It shall be the mandatory duty of the board, within
the limits of available funds, to clean out and repair any assessment drain when requested to do
so by petition of the affected landowners having fifty percent or more of the possible votes, as
determined according to section 61-16.1-20.
61-16.1-48. Assessment of costs of cleaning and repairing drains.
The cost of cleaning out and repairing an assessment drain or a drainage structure
constructed by any governmental entity for which no continuing funds for maintenance are
available must be assessed pro rata against the lands benefited in the same proportion as the
original assessment of the costs in establishing such drain, or in accordance with any
reassessment of benefits if there has been a reassessment of benefits under the provisions of
section 61-16.1-26. If no assessment for construction costs or reassessment of benefits has
been made, the water resource board shall make assessments for the cost of cleaning and
repairing such drain or drainage structure constructed by any governmental entity for which no
continuing funds for maintenance are available in accordance with the provisions of this chapter
for the establishment of a new project. The governing body of any incorporated city, by
agreement with the board, is authorized to contribute to the cost of cleaning out, repairing, and
maintaining a drain in excess of the amount assessed under this section, and such excess
contribution may be expended for such purposes by the board.
61-16.1-49. Petition for a lateral drain - Bond of petitioners.
1. For the purposes of this section, "lateral drain" means a drain constructed after the
establishment of an original assessment drain or drainage system and which flows into
such original drain or drainage system from outside the limits of the assessed area of
the original drain; provided, that a determination by a water resource board as to
whether an existing or proposed drain is a lateral or a new drain shall be conclusive
when entered upon the records of the board.
2. All property owners whose property would be affected by a lateral drain may jointly
petition the board for the construction of such drain and shall deposit with the board a
good and sufficient bond to be approved by the board, conditioned upon the petitioner
or petitioners paying all costs of the proposed lateral drain. A petition for a lateral drain
shall be sufficient if signed by one or more property owners whose property will be
affected by the lateral drain. Whenever improvements of an original drain are made
necessary by the construction of a lateral drain, the costs of such improvements to the
original drain shall be charged as part of the cost of construction of the lateral drain
and assessed against the property benefited thereby and collected as other
Page No. 21
3.
assessments are collected. In the event the board determines that improvements to
the original drain are also beneficial to property served by the original drain, the board
may assess that portion of the cost of the improvements it determines appropriate to
property benefited by the original drain. Unless the petitioners agree to construct the
lateral drain, the board, within ten days, may commence proceedings for the
construction of the lateral drain according to the provisions of this chapter. No person
shall dig or construct any lateral ditch or drain which will conduct the flow of water from
any land or lands into any drain constructed under the provisions of this chapter,
except as provided in this section and with approval of the board. In all instances
involving the construction of a lateral drain, the board shall estimate and determine the
proportionate share of the cost of the main or original drain which should be paid by
the petitioners. The petitioners shall pay into the district treasury the amount so
determined, and shall then be allowed to connect such lateral ditches or drains with
the original drain under the direction and superintendence of the board, but at their
own cost and expense. The money paid into the county treasury shall be credited to
the drainage fund of the specific drain involved.
If one or more of the property owners to be benefited by the construction of a lateral
drain or ditch petitions the district for the construction of a lateral drain or ditch, the
district shall then proceed in the same manner as is used for the establishment of a
new drain and thereafter such lateral drain shall constitute a part of the original drain to
which it is connected and the affected property shall be a part of such drainage district.
61-16.1-50. Drains having a common outlet may be consolidated.
Whenever one or more drains which have from time to time been constructed, empty into a
drain that supplies the outlet for waters flowing in all such drains, such drains may by resolution
or order of the water resource board, if the cost of construction of such drains has been paid, be
consolidated into one drain or drainage system and shall be renumbered and may be renamed.
61-16.1-51. Removal of obstructions to drain - Notice and hearing - Appeal Injunction - Definition.
1. If a water resource board determines that an obstruction to a drain has been caused
by the negligent act or omission of a landowner or tenant, the board shall notify the
landowner by registered mail at the landowner's post-office address of record. A copy
of the notice must also be sent to the tenant, if any. The notice must specify the nature
and extent of the obstruction, the opinion of the board as to its cause, and must state
that if the obstruction is not removed within such period as the board determines, but
not less than fifteen days, the board shall procure removal of the obstruction and
assess the cost of the removal, or the portion the board determines appropriate,
against the property of the landowner responsible. The notice must also state that the
affected landowner, within fifteen days of the date the notice is mailed, may demand, in
writing, a hearing on the matter. Upon receipt of the demand, the board shall set a
hearing date within fifteen days from the date the demand is received. In the event of
an emergency, the board may immediately apply to the appropriate district court for an
injunction prohibiting a landowner or tenant from maintaining an obstruction.
Assessments levied under the provisions of this section must be collected in the same
manner as other assessments authorized by this chapter. If, in the opinion of the
board, more than one landowner or tenant has been responsible, the costs may be
assessed on a pro rata basis in accordance with the proportionate responsibility of the
landowners. A landowner aggrieved by action of the board under this section may
appeal the decision of the board to the district court of the county in which the land is
located in accordance with the procedure provided in section 28-34-01. A hearing as
provided for in this section is not a prerequisite to an appeal. If a complaint is frivolous
in the discretion of the board, the board may assess the costs of the frivolous
complaint against the complainant. If the obstruction is located in a road ditch, the
timing and method of removal must be approved by the appropriate road authority
Page No. 22
2.
3.
before the notice required by this section is given and appropriate construction site
protection standards must be followed.
For the purposes of this section, "an obstruction to a drain" means a barrier to a
watercourse, as defined by section 61-01-06, or an artificial drain, including if the
watercourse or drain is located within a road ditch, which materially affects the free
flow of waters in the watercourse or drain.
Following removal of an obstruction to a drain, either by a water resource board or by
a party complying with an order of a water resource board, the board may assess its
costs against the property of the responsible landowner.
61-16.1-52. Closing a noncomplying drain - Notice and hearing - Appeal - Injunction.
Repealed by S.L. 1987, ch. 642, § 13.
61-16.1-53. Removal of a noncomplying dike, dam, or other device - Notice and
hearing - Appeal - Injunction.
1. Upon receipt of a complaint of unauthorized construction of a dike, dam, or other
device for water conservation, flood control, regulation, watershed improvement, or
storage of water, the water resource board shall promptly investigate and make a
determination thereon. If the board determines that a dike, dam, or other device,
capable of retaining, obstructing, or diverting more than fifty acre-feet [61674.08 cubic
meters] of water or twenty-five acre-feet [30837.04 cubic meters] of water for a
medium-hazard or high-hazard dam, has been established or constructed by a
landowner or tenant contrary to this title or any rules adopted by the board, the board
shall notify the landowner by certified mail at the landowner's post-office address of
record. A copy of the notice must also be sent to the tenant, if any. The notice must
specify the nature and extent of the noncompliance and must state that if the dike,
dam, or other device is not removed within the period the board determines, but not
less than fifteen days, the board shall cause the removal of the dike, dam, or other
device and assess the cost of the removal, or the portion the board determines,
against the property of the landowner responsible. The notice must also state that the
affected landowner, within fifteen days of the date the notice is mailed, may demand, in
writing, a hearing upon the matter. Upon receipt of the demand, the board shall set a
hearing date within fifteen days from the date the demand is received. In the event of
an emergency, the board may immediately apply to the appropriate district court for an
injunction prohibiting the landowner or tenant from constructing or maintaining the
dike, dam, or other device, or ordering the landowner to remove the dike, dam, or
other device. Assessments levied under this section must be collected in the same
manner as other assessments authorized by this chapter. If, in the opinion of the
board, more than one landowner or tenant has been responsible, the costs may be
assessed on a pro rata basis in proportion to the responsibility of the landowners. If a
complaint is frivolous in the discretion of the board, the board may assess the costs of
the frivolous complaint against the complainant.
2. Following removal of an unauthorized dike, dam, or other device, either by a water
resource board or by a party complying with an order of a water resource board, the
board may assess its costs against the property of the responsible landowner.
61-16.1-53.1. Appeal of board decisions - State engineer review - Closing of
noncomplying dams, dikes, or other devices for water conservation, flood control,
regulation, and watershed improvement.
1. The board shall make the decision required by section 61-16.1-53 within a reasonable
time, not exceeding one hundred twenty days, after receiving the complaint. The board
shall notify all parties of its decision by certified mail. Any aggrieved party may appeal
the board's decision to the state engineer. The appeal to the state engineer must be
made within thirty days from the date notice of the board's decision has been received.
The appeal must be made by submitting a written notice to the state engineer, which
Page No. 23
2.
3.
4.
5.
6.
7.
must specifically set forth the reason why the board's decision is erroneous. The
appealing party shall also submit copies of the written appeal notice to the board and
to all nonappealing parties. Upon receipt of this notice the board, if it has ordered
removal of a dam, dike, or other device, is relieved of its obligation to procure the
removal of the dam, dike, or other device. The state engineer shall handle the appeal
by conducting an independent investigation and making an independent determination
of the matter. The state engineer may enter property affected by the complaint to
investigate the complaint.
If the board fails to investigate and make a determination concerning the complaint
within a reasonable time, not exceeding one hundred twenty days, the person filing the
complaint may file the complaint with the state engineer within one hundred fifty days
of the submittal date of the original complaint. The state engineer shall, without
reference to chapter 28-32, cause the investigation and determination to be made,
either by action against the board or by conducting the investigation and making the
determination.
If the state engineer determines that a dam, dike, or other device has been
constructed or established by a landowner or tenant contrary to title 61 or any rules
adopted by the board, the state engineer shall take one of these three actions:
a. Notify the landowner by certified mail at the landowner's post-office address of
record;
b. Return the matter to the jurisdiction of the board along with the investigation
report; or
c. Forward the dam, dike, or other device complaint and investigation report to the
state's attorney.
If the state engineer decides to notify the landowner, the notice must specify the nature
and extent of the noncompliance and state that if the dam, dike, or other device is not
removed within a reasonable time as determined by the state engineer, but not less
than thirty days, the state engineer shall procure the removal of the dam, dike, or other
device and assess the cost of removal against the responsible landowner's property.
The notice from the state engineer must state that, within fifteen days of the date the
notice is mailed, the affected landowner may demand, in writing, a hearing on the
matter. Upon receipt of the demand, the state engineer shall set a hearing date within
fifteen days from the date the demand is received. If, in the opinion of the state
engineer, more than one landowner or tenant has been responsible, the costs may be
assessed on a pro rata basis in proportion to the responsibility of the landowners.
Upon assessment of costs, the state engineer shall certify the assessment to the
county auditor of the county where the noncomplying dam, dike, or other device is
located. The county auditor shall extend the assessment against the property
assessed. Each assessment must be collected and paid as other property taxes are
collected and paid. Assessments collected must be deposited with the state treasurer
and credited to the contract fund established by section 61-02-64.1. Any person
aggrieved by action of the state engineer under this section may appeal the decision of
the state engineer to the district court under chapter 28-32. A hearing by the state
engineer as provided for in this section is a prerequisite to an appeal.
If the state engineer, after completing the investigation required under this section,
decides to return the matter to the board, a complete copy of the investigation report
must be forwarded to the board and it must include the nature and extent of the
noncompliance. Upon having the matter returned to its jurisdiction, the board shall
carry out the state engineer's decision under the terms of this section.
If the state engineer, after completing the investigation required under this section,
decides to forward the dam, dike, or other device complaint to the state's attorney, a
complete copy of the investigation report must also be forwarded, which must include
the nature and extent of the noncompliance. The state's attorney shall prosecute the
complaint under the statutory responsibilities prescribed in chapter 11-16.
In addition to the penalty imposed by the court on conviction under this statute, the
court shall order the dam, dike, or other device removed within a reasonable time
Page No. 24
period as the court determines, but not less than thirty days. If the dam, dike, or other
device is not removed within the time prescribed by the court, the court shall procure
the removal of the dam, dike, or other device, and assess the cost against the property
of the landowner responsible, in the same manner as other assessments under
chapter 61-16.1 are levied. If, in the opinion of the court, more than one landowner or
tenant has been responsible, the costs may be assessed on a pro rata basis in
proportion to the responsibility of the landowners.
61-16.1-54. Appeal from decision of water resource board - Undertaking Jurisdiction.
An appeal may be taken to the district court from any order or decision of the water
resource board by any person aggrieved. An appellant shall file an undertaking in the sum of
two hundred dollars with such sureties as may be approved by the clerk of the district court to
which the appeal is taken. The undertaking must be conditioned that the appellant will prosecute
the appeal without delay and will pay all costs adjudged against the appellant in the district
court. The undertaking must be in favor of the water resource board as obligee, and may be
sued on in the name of the obligee. The appeal must be taken to the district court of the county
in which the land claimed to be affected adversely by the order or decision appealed from is
located and is governed by the procedure provided in section 28-34-01.
61-16.1-55. Appeal from decision of water resource board - How to be taken.
Repealed by S.L. 1989, ch. 83, § 36.
61-16.1-56. Time for taking appeal from water resource board decision.
Repealed by S.L. 1989, ch. 83, § 36.
61-16.1-57. Filing appeal - Docketing and hearing appeals - Final judgment and
sending back.
Repealed by S.L. 1989, ch. 83, § 36.
61-16.1-58. Attorney general to assist boards - Employment of counsel.
The attorney general shall render legal opinions or such other assistance to water resource
boards as is required to be rendered to state officers by section 54-12-01. The water resource
board, however, may employ other counsel to advise and represent it in such actions and
appeals and in its proceedings.
61-16.1-59. Proceedings to confirm judicially contracts, special assessments, and
other acts.
Any water resource board, before making any contract, or before levying special
assessments, or issuing special assessment warrants, or before taking any special action, may
commence a special proceeding in district court by which the proceeding leading up to the
making of such contract, levying special assessments, issuing special assessment warrants, or
leading up to any other special action, shall be judicially examined, approved, and confirmed.
Such judicial proceedings shall comply substantially with the procedure required in the case of
judicial confirmation of proceedings, acts, and contracts of an irrigation district.
61-16.1-60. Authorization to organize association of water resource districts.
1. Water resource districts, organized and established pursuant to this chapter, are
authorized upon resolution of the water resource boards to organize and participate in
an association of districts.
2. The association or associations authorized hereunder shall be organized pursuant to
chapter 10-33.
Page No. 25
61-16.1-61. Water resource districts - Assumption of assets and liabilities of drain
boards.
Beginning on July 1, 1981, each water resource district shall assume all assets, liabilities,
and obligations of any county drain board whose territory is included within the boundaries of
the district. When the jurisdiction of any county drain board is included within two or more
districts, the county auditor shall determine the apportionment of any assets, liabilities, and
obligations. Such apportionment shall be based on the proportionate amount of taxable
valuation included in each district, except that special assessment projects and funds, property
interests, and physical assets attached to the land shall be assumed by the district in which the
project is located. Property interests and physical assets attached to the land shall be assumed
by the district in which they are located. Prior to February 1, 1983, and for review by each
affected water resource board, each water resource district and county drain board shall have a
certified public accountant prepare a final audit of its financial records, including all special
assessment funds and obligations, assets, and other liabilities. All necessary actions to
accomplish the transfer of assets and obligations under this section shall be complete prior to
January 1, 1982.
61-16.1-62. Validating organization and acts of water resource districts and county
drain boards.
Nothing contained in this chapter shall be construed as impairing, invalidating, or in any
manner affecting the validity of acts or proceedings of water resource districts or county drain
boards which existed prior to the passage and approval of this chapter.
61-16.1-63. Penalty for violation of chapter.
Any person violating any of the provisions of this chapter shall, if no other criminal penalty is
specifically provided, be guilty of a class B misdemeanor.
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