# Title 61 — Waters

## Chapter 61-16 — Creation of Water Resource Districts - Boards

### § 61-16-01. Definitions.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-02. Petition for establishment of water conservation and flood control district -

Hearing thereon and investigation - District when created.
Repealed by S.L. 1973, ch. 500, § 13.
### § 61-16-03. Bond to accompany petition for district - When - Exception.

Repealed by S.L. 1973, ch. 500, § 13.
### § 61-16-04. Resolution of governing body of public corporation filed with commission.

Repealed by S.L. 1973, ch. 500, § 13.
### § 61-16-05. Water resource districts - Area to be included.

All land in North Dakota shall be within a water resource district.
### § 61-16-06. Order creating water resource district.

A certified copy of the order creating a water resource district shall be filed with the county
auditor of each county within the district. A like copy of the order shall be filed with the secretary
of state. The secretary of state shall issue to the state water commission a certificate, bearing
the seal of the state, of the due organization of the district, and shall file a copy of the certificate
and the commission's order creating the district. The secretary of state's certificate, or a copy
authenticated by the secretary of state, shall be prima facie evidence of the organization of the
district. This new district shall be, and is hereby declared to be, a governmental agency, and a
body politic and corporate with the authority to exercise the powers specified in this chapter, or
which may be reasonably implied to exercise such powers. The commission's order shall
specify the name or number by which a district shall be known.
### § 61-16-06.1. Consolidation of water resource districts.

1. Any two or more water resource districts may be consolidated into a single district, or
existing districts may be adjusted to reflect watershed boundaries, as determined by
the department of water resources, by filing with the state water commission a petition
signed by a majority of the members of the board of each of the districts or fifty percent
or more of the landowners within each of the districts.
When the petition is filed by the district boards, it must be accompanied by a certified
copy of the resolution of the governing boards authorizing the signing of the petition.
The petition must contain a detailed plan for the disposition of the property, assets, and
liabilities of each of the districts. This plan must be as equitable as practicable to every
landowner within the districts and must fully protect creditors and the holders of
improvement warrants of the petitioning districts. The plan may provide for a
continuance of assessments upon properties in the petitioning districts to retire
outstanding obligations, or for the assumption of outstanding obligations and the
spreading of assessments for the payment of the outstanding obligations over
properties in the newly created district. The state water commission may not approve
the petition unless the petition fully meets the requirements of this section.
2. The state water commission shall fix a time and place for a public hearing on a petition
filed under this section at a site convenient and accessible for a majority of the affected
individuals. At least fifteen days prior to the date of hearing, the commission shall
publish notice of the hearing in at least one newspaper of general circulation in each of
the districts being consolidated or adjusted. Additional notice of the hearing may be
given in a manner prescribed by the state water commission.

3. Prior to the hearing, the department of water resources shall make, or cause to be
made, an investigation of the need for consolidation of the petitioning districts and
shall submit a report of the findings to the state water commission. This report must be
presented at the petition hearing. If the state water commission finds it is not feasible,
desirable, or practical to consolidate the petitioning districts, the commission shall
deny the petition and state the reasons for denial. If the state water commission finds
problems of flood control, watershed development or improvement, drainage, water
supply, or other reasons make consolidation or boundary adjustment and
establishment of the proposed water resource district desirable, the commission shall
grant the petition and create the district. Upon creation of the new water resource
district, the state water commission shall dissolve the included districts or make
necessary boundary adjustments to existing districts.
### § 61-16-07. Water resource board - Appointment and number.

When a water resource district has been created, and the state water commission has filed
notice with the county auditor of a county where the district or a part thereof is situated, a water
resource board shall be appointed within ninety days, as provided herein. If the district's
boundaries are confined to one county, the board of county commissioners shall appoint a water
resource board consisting of three or five managers. When a district includes two counties, the
water resource board shall consist of five managers, three appointed by the board of county
commissioners of the county having the larger aggregate taxable valuation of property, and two
appointed by the board of county commissioners of the other county. If a district includes three
counties, the water resource board shall consist of five managers, one appointed by the board
of county commissioners having the lowest aggregate taxable valuation of property in the
district, and two appointed by the board of county commissioners of each of the other two
counties. If a district includes four or six counties, the water resource board shall consist of two
members from the county having the largest aggregate taxable valuation of property in the
district, and one manager from each of the other counties. If a district includes five or seven
counties, the water resource board shall consist of one manager from each county.
Appointments to the water resource board shall be made by the boards of county
commissioners of the respective counties.
### § 61-16-08. Eligibility for appointment to board - Term of office - Removal - Filling

vacancies - Compensation of managers.
1. When a water resource district has been created, any resident landowner in the
district, except a county commissioner, is eligible, subject to the provisions of this
section, for appointment to the water resource board. After June 30, 1985, when the
term of office of a district manager has expired, the manager's successor shall hold
office for three years from the first day of January next following the date of the
successor's appointment. The term of office of a manager does not terminate until the
successor in office is appointed and qualified. In case the office of any district manager
becomes vacant, the manager appointed to fill the vacancy shall serve the unexpired
term of the manager whose office became vacant. Within three months after the start
of an individual's term as a district manager, the individual shall attend a course on
water management, and each district manager shall attend a course on water
management every three years during the manager's term.
2. While performing duties as a member of a water resource board, each member is
entitled to receive compensation of at least seventy-five dollars per day but not more
than the rate set for a member of the legislative assembly under section 54-03-20, an
allowance for meals at the same rates and under the same conditions as provided by
law for state officials and employees, and reimbursement of lodging and other
necessary travel expenses at the same rate and under the same conditions as
provided by law for state officials and employees. A request for an allowance or
reimbursement must be evidenced by a subvoucher or receipt as provided by section
21-05-01.

3. A manager may be removed from the board by the board of county commissioners
after it appears to the board of county commissioners by competent evidence, and
after a public hearing, if so requested by the manager subject to removal, at which
hearing the manager must be apprised of and allowed ample opportunity to repudiate
the evidence, that the manager has been guilty of misconduct, malfeasance, crime in
office, neglect of duty in office, habitual drunkenness, gross incompetency, or inability
to perform the duties of office for reasons of health.
### § 61-16-08.1. Appointment of alternate board member due to conflict of interest or

illness.
When a member of a water resource board has a conflict of interest in a specific issue
before the board or is unable to fulfill the duties of a board member because of physical or
mental illness, the county commissioners may appoint a person to serve as an alternate to the
disqualified board member. If the disqualification is for a conflict of interest, the alternate board
member is to serve only for the purpose of deciding the particular issue causing the conflict. If
the disqualification is for physical or mental illness, the alternate board member is to be
appointed by the county commissioners only for one meeting at a time.
### § 61-16-09. Oath of office - Organization of water resource board - Appointment of

employees - Meetings.
Upon receiving notice of appointment as member of the water resource board, such
appointee shall take the oath of office prescribed for civil officers. Such oath shall be filed with
the secretary of the board. Notice of the appointment of a member or members of a water
resource board shall be mailed to the state water commission. Such notice shall state the name
and post-office address of each appointee and the date of appointment.
A majority of the managers shall constitute a quorum for the transaction of such business as
may come before the board but any number may adjourn a meeting for want of a quorum. The
water resource board shall appoint a secretary and treasurer and such other employees as
needed for the efficient conduct of the district's business and shall fix their compensation. The
offices of secretary and treasurer may be held by the same person. Officers and employees
shall hold office at the pleasure of the board.
The board shall provide an office suitable for its use as a meeting place and for conducting
the affairs of the district. It shall adopt such rules for transacting the business of the district as it
may deem necessary, including the time and place of holding regular meetings of the board.
Special meetings may be called by the secretary on order of the chairman of the board or upon
written request of two members of the board. Notice of a special meeting shall be mailed to
each member of the board at least five days before any such meeting provided, that a special
meeting may be held whenever all members of the board are present or consent thereto in
writing.
### § 61-16-10. Bonds of treasurer and appointive officers.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-11. Powers and duties of board of commissioners.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-11.1. Joint exercise of powers.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-12. District budget - Tax levy - Financing by special assessment.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-13. District may issue warrants in anticipation of taxes levied to pay current

expenses.
Repealed by S.L. 1981, ch. 632, § 11.

### § 61-16-14. County treasurer to collect and remit taxes to district treasurer - Deposit of

district funds.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-15. Construction and repair of dam - Proposals for - Presented to whom -

Hearing proposals.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-16. Commission and board of commissioners shall encourage construction of

dams and other water control devices.
Repealed by S.L. 1983, ch. 82, § 154.
### § 61-16-17. Dams constructed within a district shall come under control of board of

commissioners.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-18. When dams constructed by federal agency under control of water

management district.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-19. May contract with federal and state governments - Local districts, persons

and corporations - Canadian government, provinces and municipalities - Acquire
property in adjoining states and provinces.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-19.1. Contracts for construction or maintenance of project.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-20. Exemption of federal agencies from provisions of chapter - Purpose of

chapter.
Repealed by S.L. 1969, ch. 545, § 5.
### § 61-16-21. Financing project through special assessments or partly through general

taxes and partly through special assessments - Apportionment of benefits.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-22. Financing of special improvements - Procedure.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-23. Resolution of board to include provision for protesting and refusing

authority to make general tax levy in certain cases - Election to be held.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-24. When assessments may be made.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-25. Assessment lists.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-26. Assessment list to be prepared - Contents - Certificate attached to

assessment list - Preparation of assessment list and notice of hearing of objection to list
- Alteration of assessments at hearing - Limitations - Confirmation of assessment list of
board certifying list - Filing.
Repealed by S.L. 1981, ch. 632, § 11.

### § 61-16-26.1. Reassessment of benefits.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-27. Correction of errors, and mistakes in special assessments - Regulations

governing.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-28. Certification of assessments to county auditor.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-28.1. Removal of an obstruction to a drain - Notice and hearing - Appeal -

Injunction - Definition.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-29. Extension of special assessments on tax lists - Collection - Payment to

water management district.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-30. Lien of special assessment.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-31. Sale of property when general and special assessment taxes are

delinquent.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-32. Warrants - Issuance - When payable - Amounts - Interest - Interest coupons.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-33. Warrants may be used in making payments on contract - Warrants payable

out of fund on which drawn - May be used to pay special assessments.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-34. Refunding special assessment warrants - Purposes for which such

warrants may be issued - Payment of warrants.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-34.1. Refunding outstanding refunding warrants - Terms and conditions.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-35. Financial reports - Liability for deficiencies.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-36. Appeal from decision of commission or board of commissioners -

Undertaking - Jurisdiction.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-37. Appeal from decision of commission or board of commissioners - How to

be taken.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-38. Time for taking appeal from commission or board of commissioners.

Repealed by S.L. 1981, ch. 632, § 11.

### § 61-16-39. Filing appeal - Docketing and hearing appeals - Final judgment and sending

back.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-40. State's attorney and attorney general to assist boards - Employment of

counsel.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-41. Construction of bridges and culverts - Cost.

Repealed by S.L. 1963, ch. 421, § 22.
### § 61-16-42. How district may be dissolved or land excluded therefrom.

Repealed by S.L. 1973, ch. 500, § 13.
### § 61-16-43. Proceedings to judicially confirm contracts, special assessments and other

acts.
Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-44. Penalty for violation of chapter.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-45. Validating organization and acts of water conservation and flood control

districts.
Repealed by S.L. 1983, ch. 82, § 154.
### § 61-16-46. Drains along and across public roads and railroads.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-47. Construction of bridges and culverts - Costs.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-47.1. Culvert and pipe arch bids and acceptance.

Repealed by S.L. 1983, ch. 82, § 154.
### § 61-16-48. Consolidation of water management districts.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-49. Division of a water management district.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-50. Closing a noncomplying drain - Notice and hearing - Appeal - Injunction.

Repealed by S.L. 1981, ch. 632, § 11.
### § 61-16-51. Closing a noncomplying dike or dam - Notice and hearing - Appeal -

Injunction.
Repealed by S.L. 1981, ch. 632, § 11.
