# Title 89 — Water Commission

## Article 89-06 — Funding from the Resources Trust Fund

## Chapter 89-06-01 — Funding from the Resources Trust Fund

### § 89-06-01-01. Definitions.

The following definitions apply to this article:
1. "Applicant" means the party submitting a proposal.
2. "Commission" is defined in North Dakota Century Code section 61-02-02.
3. "Department" is defined in North Dakota Century Code section 61-03-01.2.
4. "Proposal" means an application for a water-related project or a water-related project
submitted to the department for financial assistance from the resources trust fund.
History: Effective June 1, 1987; amended effective July 1, 2014; January 1, 2023.
General Authority: NDCC 61-02-11, 61-02-14
Law Implemented: NDCC 57-51.1-07.1, 61-02-14
### § 89-06-01-02. Initial review.

The commission will make an initial review of a proposal to decide whether the project or study is
eligible for funding from the resources trust fund.
1. Information required for the review of the project or study. An applicant must submit, as
applicable:
a. A description of the purpose and goals.
b. The area where the proposed project is to be physically located or the study is to be
undertaken.
c. The area to be served.
d. Maps, diagrams, and any engineering plans or specifications already completed.
e. The approximate cost of carrying out the proposal.
f. An estimate of any revenue the project is expected to generate.
g. The amount of funding sought from the resources trust fund and the amount the
applicant intends to contribute to carry out the proposal.
h. The results of all efforts made to secure funds from sources other than the resources
trust fund.
i. An explanation why assistance from the resources trust fund is necessary.

j. An explanation how the project or study relates to any master plans of water resource
districts affected.
k. A preliminary report on the engineering feasibility of the project.
l. A general discussion of any objections to the proposal.
m. Other information the applicant believes pertinent or the commission requests.
n. A general explanation of all alternatives considered and whether an alternative project or
study can satisfy the objectives.
2. The commission's decision upon initial review. After initial review, the commission may
decide:
a. To provide cost-share assistance in consideration of the commission's cost-share policy.
b. The information provided is inadequate to review the proposal and may request
additional information from the applicant or obtain more information itself.
c. A study of the proposal should be undertaken and may order the applicant to conduct the
study or may conduct the study itself.
History: Effective June 1, 1987; amended effective July 1, 2014.
General Authority: NDCC 61-02-14
Law Implemented: NDCC 57-51.1-07.1
### § 89-06-01-03. Study of the proposal.

Repealed effective July 1, 2014.
