# Title 61 — Waters

## Chapter 61-41 — Water Policy and Projects

### § 61-41-01. Declaration of policy.

The legislative assembly declares that major water development and water management
goals must be set forth and implemented in order to protect the long-term interests, economic
vitality, and future benefits of the state and its citizens; that such water development and water
management goals are essential for the economic growth and quality of life across the entire
state; that rights to the use and enjoyment of waters of the Missouri River flowing through this
state cannot be restricted by the federal government; that it is necessary to develop and utilize
waters of the Missouri River for municipal, domestic, rural, and industrial purposes in this state;
that flood control works are necessary to protect the lives and property of the citizens of this
state; that major flood control works in and around major cities and other cities are necessary to
address the record and damaging floods that have occurred; that regional water supply and
rural water projects must be completed in order to provide a long-term, dependable quality and
adequate quantity water supply for municipal, domestic, rural, and industrial uses; that irrigation
provides a significant opportunity to further the agricultural opportunities in the state; and that an
infrastructure loan fund will enable these goals and policies to be achieved and implemented,
and will provide significant economic and financial benefits to the people of this state.
### § 61-41-02. Legislative intent - Reports to legislative assembly.

The legislative assembly declares and establishes the following goals and objectives:
1. That it is necessary for the long-term welfare and economic well-being of the Souris
River basin, and the entire state and its citizens, that the planning, design, and
construction of the Mouse River enhanced flood control project be completed and
implemented.
2. That the Red River valley water supply project is critical to provide a dependable water
supply for current and future generations in eastern North Dakota and is essential to
provide for the long-term welfare, economic well-being, and quality of life for the entire
state.
3. That it is necessary for the long-term welfare and economic well-being of the Red
River basin, and the entire state and its citizens, that the planning, design, and
construction of the Fargo-Moorhead flood control project be completed and
implemented.
4. That regional water supply and rural water systems are necessary to provide a
dependable and adequate quantity and quality water supply for municipal, domestic,
rural, and industrial uses.
5. That the state water commission and the southwest water authority shall begin the
process of reviewing capital repayment and revenues being returned to the resources
trust fund; payments necessary to meet obligations of existing bonds and other loans;
mill levies; ownership of land and associated facilities; existing construction
documents; liabilities; contracts with cities, bulk users, companies, and other users;
and other items, and shall report to the legislative assembly those steps necessary for
the transfer of ownership and responsibility of the southwest pipeline project from the
state water commission to the southwest water authority.
6. That the state water commission and the Garrison Diversion Conservancy District shall
enter discussions with the bureau of reclamation concerning Garrison diversion unit
facilities.
7. That projects receiving state funds for construction and implementation not assert,
claim, or seek to prevent other opportunities, either public or private, to utilize waters
of the Missouri River for industrial uses in this state.
8. That local water management and flood control projects are necessary for the
economic well-being and quality of life of citizens in those local areas.
9. That irrigation development offers significant opportunities for agriculture in this state.

10. That an infrastructure loan fund for water development and management will provide
significant financial benefits to projects and the citizens of this state, and will provide
new capabilities to implement necessary water infrastructure projects across the state.
### § 61-41-03. Mouse River enhanced flood control project.

1. The legislative assembly declares its intent to provide state funding for a share of the
nonfederal or local cost of constructing the Mouse River enhanced flood control
project.
2. Any funds appropriated for the construction of the Mouse River enhanced flood control
project may be carried over to future bienniums.
3. State funding for the Mouse River enhanced flood control project may be appropriated
at the time and in the manner determined by the legislative assembly, either
concurrently or separately from federal and local funding for the Mouse River
enhanced flood control project.
### § 61-41-04. Lower Heart River, Morton County, enhanced flood control project.

The legislative assembly declares its intent to provide state funding for a share of the
nonfederal or local cost for construction of the lower Heart River, Morton County, flood control
project.
### § 61-41-05. Southwest pipeline project - Report to legislative assembly.

The state water commission and the southwest water authority shall begin the process of
reviewing capital repayment and revenues being returned to the resources trust fund; payments
necessary to meet obligations of existing bonds and other loans; ownership of land and
associated facilities; existing construction documents; liabilities; contracts with cities, bulk users,
companies, and other users; and other items, and shall report to the legislative assembly those
steps necessary for the transfer of ownership and responsibility of the southwest pipeline project
from the state water commission to the southwest water authority.
### § 61-41-06. Garrison diversion unit.

The Garrison diversion unit has extensive federal facilities that have been constructed. It is
the intent of the legislative assembly that the state water commission and Garrison Diversion
Conservancy District begin discussions with the bureau of reclamation concerning the Garrison
diversion unit facilities.
### § 61-41-07. Fargo-Moorhead flood control project.

1. The sixty-third legislative assembly declares its intent to provide state funding not to
exceed four hundred fifty million dollars for one-half of the nonfederal or local cost of
constructing a federally authorized Fargo-Moorhead flood control project.
2. Notwithstanding any other law, any funds appropriated for the construction of the
Fargo-Moorhead flood control project may be carried over to future bienniums.
3. State funding for the Fargo-Moorhead flood control project may be appropriated at the
time and in the manner determined by the legislative assembly, either concurrently or
separately from federal and local funding for the Fargo-Moorhead flood control project.
