2015 North Dakota Century Code Title 61 Waters Chapter 61-24.6 Northwest Area Water Supply Project
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CHAPTER 61-24.6
NORTHWEST AREA WATER SUPPLY PROJECT
61-24.6-01. Findings and declaration of policy.
It is hereby found and declared by the legislative assembly that many areas and localities in
northwestern North Dakota do not enjoy safe drinking water, and that the water in these areas
and localities contains iron, sulfates, alkali, salt, nitrates, fluoride, and other hazardous and
discoloring substances. It is also found and declared that other areas and localities in
northwestern North Dakota do not have sufficient quantities of water to ensure a dependable,
long-term supply. It is further found and declared that supplementation of the water resources of
northwestern North Dakota with water supplies from the Missouri River, utilizing a pipeline
transmission and delivery system, may be the only alternative to provide northwestern North
Dakota with a safe, good quality, dependable source, and adequate quantity of water.
It is further declared that effective development and utilization of the land and water
resources of this state; the opportunity for greater economic security; the protection of health,
property, enterprise, and the preservation of the benefits from the land and water resources of
this state; and the promotion of the prosperity and general welfare of all of the people of North
Dakota involve, necessitate, and require the exercise of the sovereign powers of the state and
concern a public purpose. Therefore, in order to accomplish this public purpose, it is hereby
declared necessary that a project be pursued that would supply and distribute water to the
people of northwestern North Dakota through a pipeline transmission and delivery system for
purposes, including domestic, rural water districts, municipal, livestock, light industrial, mining,
and other uses, with primary emphasis on domestic, rural water district, and municipal uses. In
furtherance of this public purpose, the state water commission may provide for the issuance of
bonds in accordance with chapter 61-02 to finance the costs of the project.
The provisions of this chapter may not be construed to abrogate or limit the rights, powers,
duties, and functions of the state water commission or the state engineer, but must be
considered supplementary to those rights, powers, duties, and functions.
61-24.6-02. Northwest area water supply advisory committee - Created.
The northwest area water supply advisory committee consists of the following
representatives, appointed by the state engineer:
1. One person from the city of Minot recommended by the Minot city council.
2. One person from the city of Williston recommended by the Williston city council.
3. One person from the Bottineau, Burke, Divide, McHenry, McLean, Mountrail, Pierce,
Renville, Ward, or Williams County water resource districts recommended jointly by
the governing boards of the Bottineau, Burke, Divide, McHenry, McLean, Mountrail,
Pierce, Renville, Ward, or Williams County water resource districts.
4. One representative of the state water commission recommended by the commission.
5. One representative of the Three Affiliated Tribes, representing that area of the Fort
Berthold Indian Reservation north of the Missouri River and Lake Sakakawea
recommended by the tribal council.
6. One representative of rural water distribution systems located in northwestern North
Dakota. This representative must be a resident of Bottineau, Burke, Divide, McHenry,
McLean, Mountrail, Pierce, Renville, Ward, or Williams County.
7. One representative of a municipality other than the city of Minot, located in Bottineau,
Burke, Divide, McHenry, McLean, Mountrail, Pierce, Renville, Ward, or Williams
County.
8. One representative of the Garrison Diversion Conservancy District recommended by
the board of directors of the conservancy district.
9. One at-large representative.
61-24.6-03. Advisory committee - Officers - Meetings - Compensation.
The northwest area water supply advisory committee shall elect a chairman and vice
chairman. The advisory committee shall meet at the times and places necessary to carry out the
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purposes of this chapter. The advisory committee members may be reimbursed for their mileage
and expenses in the amount provided for by sections 44-08-04 and 54-06-09. The advisory
committee members serve at the pleasure of the state engineer. Vacancies must be filled in the
same manner as original appointments are made.
61-24.6-04. Powers of the state water commission in consultation with the northwest
area water supply advisory committee.
The state water commission may, in consultation with the northwest area water supply
advisory committee:
1. Accept funds, property, services, or other assistance, financial or otherwise, from
federal, state, tribal, and other public or private sources for the purpose of aiding and
promoting the development of a project to deliver water to northwestern North Dakota.
2. Cooperate and contract with the state, its agencies, or its political subdivisions, the
Three Affiliated Tribes, or any agency of the United States, in research and
investigation or other activities promoting the development of a project to deliver water
to northwestern North Dakota.
3. Appoint and procure the services of engineers, attorneys, and others to assist in
developing a project to deliver water to northwestern North Dakota.
4. Exercise such other powers as may be necessary for, or incidental to, the achievement
of the purposes of this chapter.
5. Construct, operate, and manage a project to deliver water throughout northwestern
North Dakota.
61-24.6-05. State engineer - Employment of staff.
The state engineer may employ full-time personnel and may employ such other personnel
as are necessary for the administration of this chapter and as available funds permit.
Notwithstanding section 61-02-64.1, funds disbursed from the contract fund or appropriated for
purposes of administering this chapter may be used for salaries and expenses of persons
employed pursuant to this chapter.
61-24.6-06. Commission to fix water rates for the northwest area water supply project.
The commission shall establish the payments for water service to be paid by water user
entities for purchase of water from the northwest area water supply project. The payments for
water service must include each water user entity's proportionate share of the operation,
maintenance, and replacement costs, and also include a component for payment for capital
costs. The commission shall include in its determination of each water user entity's share of
operation, maintenance, and replacement costs an amount to be deposited in the northwest
area water supply project reserve fund for replacement, as established by section 61-24.6-07,
for replacement and extraordinary maintenance of northwest area water supply project works.
The amount of the reserve fund for replacement must be determined by the commission.
61-24.6-07. Operation and maintenance fund - Deposit - Use.
Revenues received by the commission from water user entities or otherwise for operation
and maintenance of the northwest area water supply project must be maintained, as a part of
the moneys of the state received and kept by the state treasurer in a fund to be designated as
the northwest area water supply project operation and maintenance fund. All moneys received
by the state treasurer for operation and maintenance of the northwest area water supply project
and the interest on moneys in the fund must be kept by the state treasurer in the fund distinct
from all other moneys and must be disbursed by the state treasurer and used only for paying for
costs and expenditures for operation and maintenance of the northwest area water supply
project.
61-24.6-08. Reserve fund for replacement - Deposit - Use.
Revenues received by the commission from water user entities or otherwise for
replacement and extraordinary maintenance of the northwest area water supply project may be
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held pursuant to the terms of a resolution or trust indenture adopted by the commission. Any
money not held pursuant to the terms of a resolution or trust indenture must be deposited by the
commission and maintained, as a part of the moneys of the state received and kept by the state
treasurer, in a fund designated as the northwest area water supply project reserve fund for
replacement. All moneys received by the state treasurer for replacement and extraordinary
maintenance of the northwest area water supply project and the interest on the moneys must be
kept by the state treasurer in the fund distinct from all other moneys and must be disbursed by
the state treasurer and used only for replacement and extraordinary maintenance of the
northwest area water supply project.
61-24.6-09. Capital costs - Deposit - Use.
Money derived and received from water user entities or otherwise for capital costs or
construction of the northwest area water supply project may be held pursuant to the terms of a
resolution or trust indenture adopted by the commission. Any money not held pursuant to the
terms of a resolution or trust indenture must be deposited by the commission and maintained,
as part of the moneys of the state received and kept by the state treasurer, in a fund designated
as the northwest area water supply project fund for capital costs and construction. All moneys
received by the state treasurer for capital costs and construction of the northwest area water
supply project, and all interest on the moneys, must be kept by the state treasurer in the fund
distinct from all other moneys and must be disbursed by the state treasurer and used only for
capital costs and construction of the northwest area water supply project.
61-24.6-10. Areas served by the northwest area water supply project.
The commission may provide, as part of the northwest area water supply project, delivery,
distribution, and treatment of water from the Missouri River or other sources, to areas in
Bottineau, Burke, Divide, McHenry, McLean, Mountrail, Pierce, Renville, Ward, and Williams
Counties. The facilities for delivery of water may be from a pipeline transmission and delivery
system or through other works, as determined by the commission.
61-24.6-11. Commission has authority to sell property.
If the commission determines property acquired for the northwest area water supply project
is no longer necessary for project purposes and the unnecessary parcel is five contiguous acres
[2.03 hectares] or less, sections 54-01-05.2 and 54-01-05.5 do not apply. The commission shall
have the authority to sell, transfer, or exchange the unnecessary parcel to the current owner of
the parent parcel from which the unnecessary parcel was taken. If the parent parcel's current
owner does not accept the commission's offer within sixty days, the commission may offer the
property to any other adjacent property owner for a period of sixty days. If no offers are
accepted within sixty days, the property sale will be governed by sections 54-01-05.2 and
54-01-05.5.
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