# Title 61 — Waters

## Chapter 61-16.1 — Operation of Water Resource Districts

### § 61-16.1-01. Legislative intent and purpose.

Repealed by S.L. 2023, ch. 569, § 36.
### § 61-16.1-02. Definitions.

For purposes of this chapter, unless the context otherwise requires:
1. "Affected landowners" means landowners whose land is subject to special assessment
or condemnation for a project.
2. "Assessment drain" means a drain financed in whole or in part by special assessment.
3. "Benefited property" means property that has accrued a benefit from a project.
4. "Benefits" means the degree to which a society or an economy subject to a project is
improved through lower costs, fewer damages, or enhancements.
5. "Cleaning out and repairing a drain" means deepening and widening a drain and
removing obstructions or sediment, and any repair necessary to return the drain to a
satisfactory and useful condition.
6. "Commission" means the state water commission.
7. "Conservation" means planned management of water resources to prevent
exploitation, destruction, neglect, or waste.
8. "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; 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.
9. "District" means a water resource district.
10. "Drain" means any natural watercourse opened, or proposed to be opened, and
improved for drainage, and any artificial channel constructed for drainage. The term
includes dikes and appurtenant works and may include more than one watercourse or
artificial channel when the watercourses or channels drain land within a practical
drainage area.
11. "Frivolous" means allegations and denials in any complaint filed with a district made
without reasonable cause and not in good faith.
12. "Lateral drain" means a drain constructed after the establishment of an original drain
or drainage system and which flows into the original drain or drainage system from
outside the limits of the original drain.
13. "Practical drainage area" means, for assessment drains, the practical drainage area
determined by the survey and examination required under section 61-16.1-17.
14. "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; discharge of sewage effluent;
or any combination of purposes in this subsection, and includes incidental features of
the undertaking.
15. "Water resource board" or "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.
### § 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. The unofficial minutes of the meeting must be provided to the official
newspaper of the county for publication or, if applicable, posted to the water resource board's
website or the official county website within ten days. 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 administrator of the fund by the secretary of the district. Upon notification of the assessment,
the district treasurer shall remit the payment.
### § 61-16.1-06. 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, 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.
2. Exercise the power of eminent domain as follows:
a. Except as permitted under subdivision b, the board shall comply with title 32 for
the purpose of acquiring and securing by eminent domain 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.
b. (1) If the interest sought to be acquired is an easement for a right of way for any
project authorized in this chapter for which federal or state funds have been
made available, the district may acquire the right of way by quick take
eminent domain as authorized by section 16 of article I of the Constitution of
North Dakota, after the district attempts to purchase the easement for the
right of way by:
(a) Conducting informal negotiations for not less than sixty days.
(b) If informal negotiations fail, the district shall engage in formal
negotiations by:
[1] Sending the landowner an appraisal and written offer for just
compensation, which includes a specific description of the exact
location of the right of way, by certified mail or commercial
delivery requiring a signed receipt, and receiving the signed
receipt or documentation of constructive notice.

[2] Sending the landowner a written request for a meeting by
certified mail or commercial delivery requiring a signed receipt if
there is no agreement regarding compensation or no response to
the written offer within fifteen days of receipt, and receiving the
signed receipt or documentation of constructive notice.
[3] Sending the landowner a written notice, by certified mail or
commercial delivery requiring a signed receipt, of intent to take
possession of the right of way if there is no agreement regarding
compensation or no response to the written request for a meeting
within thirty days of receipt, and receiving the signed receipt or
documentation of constructive notice.
(2) Any written communication to the landowner must include contact
information for responding to the board and a description of the required
negotiation timeline.
(3) A district may not include or utilize any reference to quick take eminent
domain during negotiations to acquire the necessary easement for a right of
way. If formal negotiation efforts fail, the district shall request approval from
the board of county commissioners of the county in which the right of way is
located to take possession of the right of way by quick take eminent domain.
After receiving the request, the county commissioners shall hold a public
meeting and give the landowner thirty days' notice of the meeting to allow
the landowner to attend. After receiving verification from the district that
there has been no reference or threat of quick take eminent domain by the
district during negotiations, the commissioners shall vote on whether to
approve the taking of the easement for a right of way using quick take
eminent domain. If the county commissioners approve the use of quick take
eminent domain by a majority vote, the district may take immediate
possession of the right of way, but not a blanket easement, if the district files
an affidavit by the chairman of the water resource board which states the
district has fulfilled the required negotiation steps and deposits the amount
of the written offer with the clerk of the district court of the county in which
the right of way is located.
(4) 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.
(5) If ownership of a right of way has not terminated, ownership of a right of way
acquired under this subdivision terminates automatically when the district no
longer needs the right of way for the purpose for which it was acquired.
3. 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.
4. Procure the services of engineers and other technical experts, and employ an attorney
to assist, advise, and act for it in its proceedings.
5. 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.

6. 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, drains, or watercourses and the flow of water in them by
changing, widening, deepening, straightening, or otherwise improving them; or by
cleaning out and repairing a drain.
7. 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.
8. 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.
9. 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.
10. 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.
11. Have, in addition to any powers provided in this chapter, the authority to construct an
assessment drain in accordance with the requirements of this chapter.
12. 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.
13. Convey, sell, dispose of, or lease personal and real property of the district as provided
by this chapter.
14. 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.
15. Borrow money within the limitations imposed by this chapter for projects herein
authorized and pledge security for the repayment of such loans.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. Establish, deepen, widen, and improve drains; and extend drains as necessary to
provide a suitable outlet or reasonably drain lands within a practical drainage area.
25. Install artificial subsurface drainage systems.
### § 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 61-16.1-18. 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 resolved by the department of water resources. 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.
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 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 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
to date, time, location, and subject matter published in the official newspaper in the
county 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.

(Retroactive application - See note)
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.
However, the joint board must consist of an equal number of members from each
district comprising 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
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.
3. 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.
4. 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.
5. 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.
6. Residence requirements for holding office in a district shall not apply to any officer
appointed to carry out any agreement.
7. 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 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 the district will be
obligated to pay in accordance with the agreement, over and above any other funds that are on
hand and properly available for that purpose. The assessment district must be of a size and
form as to include all properties that in the judgment of the board, after consultation with a
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
that 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 also must 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, township,
school district, park district, or other political subdivision, 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 in
accordance with the procedures required by sections 61-16.1-21 through 61-16.1-24. Sections
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. Initiating project financed through revenue bonds, general taxes, or

special assessments - Bond required.
A water resource board, either upon request or by its own motion, may 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. A request under this section
must be in writing and be accompanied by a bond in a sum the water resource board deems
sufficient to pay all expenses of the board related to the petition in case the petition is denied. If
the proposed project is an assessment drain, the request must identify the starting point,
terminus, and general course of the proposed drain and be signed by at least two owners of
property that would be drained by the proposed drain. If among the leading purposes of the
proposed drain are benefits to the health, convenience, or welfare of the residents of any city,
the petition must be signed by a sufficient number of the property owners of the city to satisfy
the board there is a public demand for the drain. If a petition under this section is approved by
voters under section 61-16.1-19 but the project is not constructed, the board may not require the
petitioners to pay any expenses incurred by the board related to the petition.
### § 61-16.1-15.1. Projects or benefits in more than one county.

1. Before constructing a project and before assessing the lands or premises for a project
located in or benefiting more than one county, the districts from two or more counties
shall create a joint board under section 61-16.1-11.
2. If the joint board or district finds the project is necessary, and the benefits of the project
will exceed the costs, the joint board or district shall proceed with the procedures in
sections 61-16.1-15 through 61-16.1-36 regarding:
a. The creation, construction, alteration, repair, operation, and maintenance of a
project and an assessment district;
b. The determination and levy of assessments against property benefited by the
project; and
c. The special warrants issued pursuant to this chapter.
3. If the assessment vote is successful, the joint board or district shall construct, own,
operate, and maintain the project. The joint board or district shall administer the
corresponding assessment district for the project in accordance with this chapter and
shall direct the county auditor of each county within the assessment district to levy
assessments. Each county auditor shall levy assessments as determined by the joint
board.

4. If a district conducts a reassessment of benefits under this chapter for an existing
project and concludes property in another county benefits from the project, the district
shall notify the other district of the requirement to form a joint board. If the district
refuses to form a joint board, the district shall proceed with the reassessment and
include the property in the project assessment district. Affected landowners subject to
assessments may appeal the reassessment determination in accordance with this
chapter. After the expiration of applicable appeal periods under this chapter, the district
shall direct the county auditor of each county within the assessment district to levy
assessments. Each county auditor shall levy assessments as determined by the joint
board.
5. If a county auditor refuses to levy assessments as directed by a joint board or a
district, the joint board or district may seek a writ of mandamus under chapter 32-34
from the district court of the county in which the benefited property is located. If the
joint board or district prevails, the district court shall award costs and reasonable
attorneys' fees to the joint board or district seeking the writ of mandamus.
6. If the members of the joint board cannot agree about the necessity of a project, the
process to undertake an approved project, or the procedure to assess benefits, the
joint board shall request assistance from the North Dakota mediation service to
resolve grievances arising from the conflict. After receiving the request, the North
Dakota mediation service shall assist the members of the joint board to mediate the
conflict. The North Dakota mediation service shall issue a proposed mediation
agreement within thirty days of completing the mediation. Each member of the joint
board shall participate in good faith in the mediation.
7. If the proposed mediation agreement is not agreed to by a majority of the members of
a joint board, a member of the joint board may file an appeal with the department of
water resources to issue a determination to resolve the conflict. The appealing party
must file the appeal within thirty days of the issuance of the proposed mediation
agreement under subsection 6. Within sixty days of receipt of the appeal, the
department of water resources shall review and investigate the complaint and issue its
determination. A hearing held by the department of water resources under this section
is a prerequisite to issuing a determination under this subsection.
8. If the determination issued by the department of water resources is not agreed to by a
majority of the members of a joint board, a member of the joint board may appeal the
decision of the department of water resources to the appropriate district court under
chapter 28-32. A hearing held by the department of water resources under this section
is a prerequisite to filing an appeal with the district court.
### § 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 fifty 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.
### § 61-16.1-16.1. Right of way - How acquired - Assessment of damages - Issuance of

warrants.
If lands assessed for drainage benefits are not contiguous to the drain, the water resource
board may exercise eminent domain to acquire a right of way easement to the drain over the
land of others. The right of way, when acquired, is the property of the water resource district in
which the lands are located. The board may issue warrants in a sum sufficient to pay the
damages assessed for the right of way. The warrants must be drawn upon the proper county
treasurer or, if the water resource district treasurer is custodian of the drain funds, water

resource district treasurer, and are payable out of drain funds in the hands of the treasurer
which have been collected for the construction of the drain for which the right of way is sought.
### § 61-16.1-17. Assessment projects - Procedure - Engineer report.

When a water resource board receives a petition or approves a motion to construct a
project with funds raised through the collection of special assessments, the water resource
board shall examine the proposed project. If the water resource board decides further
proceedings are warranted, the board shall adopt a resolution declaring constructing and
maintaining the proposed project is necessary, identifying the nature and purpose of the
proposed project, and designating a registered engineer to assist the board. As soon as
practicable, the board shall publish the resolution in the newspaper of general circulation in
each area in which lands that reasonably may be condemned or subject to assessment for the
project are located. For the purpose of making examinations or surveys, the board or the
board's agents, after written notice to each landowner at the landowner's address as shown by
the tax rolls of the county in which the affected property is located, 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, specifications, and total estimated costs of the proposed
project. The estimate of costs prepared by the engineer must include the cost to acquire rights
of way and be sufficiently detailed for the board to determine the probable share of the total
costs to be assessed against each of the affected landowners in the proposed project
assessment district.
### § 61-16.1-18. Hearing on assessment project - Notice.

1. 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 a 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.
2. 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 would be benefited by
the proposed project; and the amount assessed against each. At least ten days before
the hearing, the board shall file with the county auditor of each county 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 to each parcel.
3. The water resource board shall provide notice of the hearing which must:
a. Include a copy of the petition, if any, and the resolution of the board;
b. Specify the time and place of the hearing;
c. Identify the beginning, terminus, and general course of the project as finally
determined by the engineer and the board;
d. Specify when and where votes concerning the proposed project may be filed;
e. Include 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 to each parcel;
f. Be mailed with a ballot to vote on the proposed project to each affected
landowner at the landowner's address as shown by the tax rolls of the county in
which the affected property is located. The board may send the notice and ballot
by regular mail attested by an affidavit of mailing signed by the attorney or
secretary of the board; and
g. Be published once a week for two consecutive weeks in the newspaper of
general circulation in the area in which the affected lands are located.
4. The date set for the hearing must be at least twenty days after the day the notice is
mailed. A record of the hearing must be made by the board, include a list of affected
landowners present in person or by agent, and be preserved in the minutes of the

meeting. Each affected landowner 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, the share of the cost the landowner or governing body will be assessed, and
the portion of landowner or governing body's property, if any, to be condemned for the
project.
### § 61-16.1-19. Voting on proposed projects - Notice of result.

At the hearing on an assessment project, the affected landowners, and any county,
township, or city to be assessed, must 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
for or against the project with the secretary of the water resource board. If a vote is mailed to the
secretary, the vote is timely if the vote is received within the voting period. During the voting
period, ballots may not be opened and votes may not be counted. Once the deadline for filing
votes has been reached, votes may not be filed or withdrawn. Any withdrawal of a vote
concerning the proposed project before that time must be in writing. When the deadline for filing
votes has passed, the board immediately shall determine whether the project is approved. If the
board finds fifty percent or more of the total votes filed are against the proposed project, the
vote constitutes a bar against proceeding further with the project. If the board finds 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, after complying with the
requirements of sections 61-16.1-21 and 61-16.1-22, may 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 both. If there is
an agreement for a party other than the board to let the contract, the board may dispense with
all the requirements of title 40. Upon making an order establishing a project or determining the
vote bars establishing a project, the board shall publish notice of the order or determination in a
newspaper of general circulation in the area in which the affected lands are located. The notice
must advise affected landowners of their right to appeal. Any right of appeal begins to run on the
date of publication of the notice.
### § 61-16.1-20. Voting right or powers of landowners.

The allocation of voting rights among affected landowners on the question of establishing a
proposed project must provide a fair relationship between the amount of liability for
assessments and the power of objecting to the establishment of the project. Affected
landowners have one vote for each dollar of assessment to which the land is subject 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 the county, township, or city. There may
be only one vote for each dollar of assessment, regardless of the number of owners of a tract of
land. If there is more than one owner of the land, the votes must be prorated among the owners
in accordance with each owner's property interest. A written power of attorney authorizes an
agent to protest a project on behalf of the affected landowner that executed the power of
attorney.
### § 61-16.1-21. Calculating benefits and assessments - Certification.

1. If the water resource board proposes to make any special assessment under this
chapter, the board, before the hearing required under section 61-16.1-18, shall inspect
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 benefited by the construction of the work for which the assessment is
made. The board shall determine the proportion of the total cost of acquiring right of
way and constructing and maintaining the project in accordance with, but not

exceeding, the benefits received, against any county, township, or city, in its corporate
capacity, which may be benefited directly or indirectly and any lot, piece, or parcel of
land which is directly benefited by the project.
2. In determining benefits the board shall consider, among other factors, property values,
degree of improvement of properties, and productivity. Property belonging to the
United States is exempt from assessment under this chapter, unless the United States
has provided for the payment of any assessment levied against the property for
benefits received. Benefited property belonging to counties, cities, school districts,
park districts, and townships is not exempt from assessment under this chapter, and
political subdivisions whose property is assessed shall provide for the payment of the
assessments, installments, and interest 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 the assessments, installments, and interest from the
political subdivision's general fund or by levy of a general property tax against all the
taxable property in the political subdivision in accordance with law. Tax limitations
provided by any statute of this state do not apply to tax levies made by a political
subdivision for the purpose of paying any special assessments under this chapter.
3. The board shall prepare a list identifying the assessments allocated to each lot and
parcel of land for the project. A certificate signed by a majority of the members of the
board must be attached to the list and state the assessment in the list is based on a
correct determination of the benefits to the assessed land described to the best of the
members' judgment. The certificate also must identify 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.
1. After entering an order establishing the project, the water resource board shall provide
notice of a hearing at which the board will meet to hear objections to the proposed
assessments from any interested party or agent for an interested party. The notice
must:
a. Include a copy of the order establishing the project;
b. Specify the time and place of the hearing;
c. Identify the beginning, terminus, and general course of the project as finally
determined by the engineer and the board;
d. Include 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;
e. Be mailed to each affected landowner at the landowner's address as shown by
the tax rolls of the county 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; and
f. Be published once a week for two consecutive weeks in the newspaper of
general circulation in the area in which the affected lands are located.
2. The date set for the hearing must be at least twenty days after the notice is mailed. At
the hearing, the board may alter the assessments as the board deems just and
necessary to correct any error in the assessment but shall make the aggregate of all
assessments equal to either 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 then shall confirm the
assessment list. The secretary shall attach to the list a certificate stating the list is
correct as confirmed by the board and shall file the list in the office of the secretary.
### § 61-16.1-23. Appeal to department of water resources.

Within twenty days after the meeting at which the water resource board approves the final
assessment list required under section 61-16.1-22:

1. Affected landowners and any political subdivision subject to assessment, having not
less than thirty-three percent of the possible votes as determined by section
61-16.1-20, which believe the assessment was not made fairly or equitably or the
project is not located or designed properly, may appeal to the department of water
resources by petition to review the assessments and examine the location and design
of the proposed project. Upon receipt of the petition the department shall examine the
lands assessed and the location and design of the proposed project, and if it appears
the assessments were not made equitably, the department may correct the
assessments, and the department's correction and adjustment of the assessment is
final. If the department believes the project was located or designed improperly, the
department may order a relocation and redesign that must be followed in the
construction of the proposed project.
2. Upon filing a bond for two hundred fifty dollars with the board for the payment of the
costs of the department in the matter, any landowner or political subdivision claiming
the landowner or political subdivision will receive no benefit from the construction of a
new project may appeal that issue to the department. Upon an appeal by an individual
landowner or political subdivision, the department may determine whether there is any
benefit to the landowner or political subdivision, but not the specific amount of benefit.
The determination of the department regarding whether there is a benefit is final.
3. Before filing an appeal under this section, a landowner or political subdivision that
meets the threshold for filing an appeal under this section may request assistance
from the North Dakota mediation service to resolve grievances arising from the final
assessment list. If the North Dakota mediation service agrees to assist the aggrieved
person, the water resource board shall participate in good faith in the mediation.
Requesting assistance or engaging in mediation under this section is not a
prerequisite or a bar to appealing to the department under this section. Deadlines to
initiate appeals are not tolled by a person requesting assistance from the North Dakota
mediation service under this section.
### § 61-16.1-23.1. Notice of letting of contracts.

After the recording of percentage assessments as provided in section 61-16.1-22, the board
shall give at least ten days' notice of the time and place where contracts will be let for the
construction of the drain. The notice must be published at least once in a newspaper having
general circulation in the county.
### § 61-16.1-23.2. Extension of time to contractors - Reletting unfinished part of contract.

A water resource board may grant a reasonable extension of time for the completion of any
contract. If a board reasonably believes the work required under a contract will not be
completed by the agreed upon deadline, the board may relet any unfinished portion to the
lowest responsible bidder, and shall take security as before. The cost of completing the
unfinished portions over and above the contract price, and the expense of notices and reletting,
must be collected by the board from the parties first contracting. The board may not terminate a
contract without giving five days' notice to the contractor, provided the contractor may be found
or has a known place of residence in the county. The notice may be given to the contractor
personally or may be left at the contractor's place of residence.
### § 61-16.1-24. When assessments may be made - Prohibition on certain contracts.

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 the costs have been ascertained. The certificate must include the
estimated construction cost under the terms of any contract for the project; a reasonable
allowance for the cost of extra work that may be authorized under the plans and specifications;
acquisition of right of way; engineering, fiscal agents' and attorney's fees for services in

connection with the authorization and financing of the project; cost of publication of required
notices; printing of improvement warrants; cost necessarily paid for damages caused by the
improvement; interest during the construction period; and all expenses incurred in making the
improvement and levy of assessments.
A contract that exceeds, by twenty percent or more, the estimated cost of the project as
presented to and approved by the affected landowners is prohibited.
### § 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.
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.

A water resource board may hold at any time or, upon petition of any affected landowner or
assessed political subdivision after a project has been in existence for at least one year, shall
hold a hearing to determine the benefits of the project to each tract of land affected. Notice of
the hearing must be given by publication once each week for three consecutive weeks,
beginning at least thirty days before the hearing, in the newspaper 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 of the hearing in an envelope clearly marked "ASSESSMENT
NOTICE" to each owner of land in the assessed district at the landowner's address as shown by
the tax rolls of the counties in which the affected property is located. 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. Regardless of the number of petitions
received, the board is not required to conduct a reassessment more than once every ten years.
An assessment or balance supporting a project fund may not be reduced or impaired by
reassessment or otherwise so long as bonds payable out of the fund remain unpaid and
moneys are not available in the fund to pay all the bonds in full, with interest. Costs of
maintenance must be prorated in accordance with any adopted plan for reassessment of
benefits.
### § 61-16.1-26.1. Reconveyance of land no longer required for drainage.

When land acquired for drainage is no longer required for drainage, the board of county
commissioners may reconvey the land to the present owner of the adjacent property if the
present owner of the adjacent property surrenders all warrants issued in payment of the land or
repays the amount of cash paid for the land.
### § 61-16.1-27. Correction of errors and mistakes in special assessments.

If mathematical errors or other mistakes occur in making any assessment and result 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 the chapter 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 must bear. The interest rate may not exceed one and one-half percent
above the warrant rate. Interest on unpaid special assessments must commence on the date
the assessments are confirmed finally by the board. Special assessments may be certified and
made payable in equal annual installments, the last of which must 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 the special assessments are situated, the total amount assessed against lands in that
county and the proportion or percentage of the amount assessed against each piece, parcel, lot,
or tract of land. The secretary of the district also shall file with the county auditor of each county
in which district lands lie a statement showing the cost of the project, the part of the cost, if any,
to 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
the project in the same proportion as the original costs of construction or, in the event a
reassessment of benefits has been adopted, the board shall prorate costs in accordance with
the reassessment of benefits.
### § 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.
### § 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.
### § 61-16.1-34.1. Drain warrants - Terms and amounts.

Drain costs must be paid upon order of the board by warrants signed by the chairman and
one other member of the board. The warrants are payable from the proper drain fund and, upon
maturity, are receivable by the treasurer for drain assessments supporting the fund. The
warrants may be issued at any time after the order establishing the drain has become final and
after incurring liability to pay for drain work to be financed by drain assessments and in
anticipation of levy and collection of the assessments. Every warrant not made payable on
demand must specify the date when it becomes payable. Demand warrants not paid for want of
funds must be registered by the county treasurer or, if the water resource district treasurer is
custodian of the drain funds, the water resource district treasurer and bear interest at a rate
determined by the board, not exceeding eight percent per annum. Warrants of specified
maturities bear interest according to their provisions at a rate or rates resulting in an average
net interest cost not exceeding twelve percent per annum if sold at private sale, and may be
issued with interest coupons attached. 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. All drain warrants
must state upon their faces the purpose for which they are issued and the drain fund from which
they are payable. The warrants may be used to pay drain obligations, or may be sold at not less
than ninety-eight percent of par value, provided that the proceeds of warrants sold are placed in
the proper drain fund and used exclusively for drain expenses. Any unpaid warrants issued for
the acquisition of right of way or the construction of a drain, including all incidental costs in
connection with the acquisition or construction, must be funded by a bond issue within one
hundred eighty days from and after the filing of the assessment of all costs with the county
auditor as provided in section 61-16.1-28, but this requirement may not be construed as
prohibiting the funding of warrants or the issuance of bonds after the one hundred eighty-day
period.
### § 61-16.1-34.2. Settlement of unpaid warrants.

A board of county commissioners may negotiate and execute a settlement with the owners
of drain warrants and pay the amount of the settlement from the general fund of the county if:
1. Drain warrants issued pursuant to the establishment of a drain in two or more counties
remain unpaid;
2. The amounts realized from the original assessments are not sufficient to pay the
warrants;
3. An additional assessment would be necessary to meet the deficit; and
4. The board finds the county has received benefits from the drain by reasons of public
health, convenience, or welfare and, as a result, may be liable for assessment or

reassessment and the credit of the county is or may be affected by the existence of
the outstanding and unpaid warrants.
### § 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.
### § 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, department of water resources, and water resource board

shall encourage both structural and nonstructural alternatives.
The commission, department of water resources, 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, and other persons, and shall
lend their assistance to facilitate appropriate solutions. All structural alternatives, including
dams, dikes, drains, and other works, whether constructed by public authorities or private
persons, are subject to all the provisions of this chapter unless specifically exempted.
### § 61-16.1-38. Permit to construct or modify dam, dike, or other device required - Penalty

- Emergency.
Dikes, dams, or other devices for water conservation, flood control regulation, watershed
improvement, or water storage must be constructed in accordance with this chapter. A permit is
required from the department for the construction of a low-hazard dam or other device capable

of retaining, obstructing, or diverting more than fifty acre-feet [61674.08 cubic meters] of water;
a medium-hazard or high-hazard dam capable of retaining, obstructing, or diverting more than
twenty-five acre-feet [30837.04 cubic meters] of water; an agricultural dike capable of protecting
more than eighty acres [32.37 hectares] of land area; or any dike capable of protecting an
occupied residence or structure or public infrastructure. A permit application for the construction
of any dike, dam, or other device, along with complete plans and specifications, must be
submitted to the department of water resources. Except for low-hazard dams less than ten feet
[3.05 meters] in height, agricultural dikes, or a farmstead ring dike, the plans and specifications
must be completed by a professional engineer. The professional engineer must be registered in
this state. The department shall consider the application in such detail as the department deems
necessary and proper. The department shall refuse to allow the construction of any unsafe or
improper dike, dam, or other device that would interfere with the orderly control of the water
resources of the district, or may order changes, conditions, or modifications as in the
department's judgment may be necessary for safety or the protection of property. Within
forty-five days after application receipt, except in unique or complex situations, the department
shall complete the 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 shall consider the application within forty-five days,
and suggest any changes, conditions, or modifications to the department. If the board approves
the application, the board shall forward the approved application to the department. If the board
fails to respond within forty-five days, the board will be deemed to have no changes, conditions,
or modifications to make. The department shall make the final decision on the application and
forward that decision to the applicant and the local water resource board. The department may
issue temporary permits for dikes, dams, or other devices in cases of an emergency. Any
person constructing a dam, dike, or other device without first securing a necessary permit, 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, are 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. The district's jurisdiction over the dam, dike, works, or device does not affect the
commission's or department's authority relative to the dam, dike, works, or device. No changes
or modification of any existing dams, dikes, or other works or devices may 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
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.

1. Drains may be laid along, within the limits of, or across any public road or highway, but
not to the injury of the road. If, during the preparation of the report required under
section 61-16.1-17, a water resource board discovers it may be necessary to run a
drain across a highway, the water resource board shall notify and solicit guidance from

the department of transportation, board of county commissioners, or board of township
supervisors, as the case may be, as soon as practicable. If the water resource board
determines the drain must be run across the highway after considering any guidance
received from the department of transportation, board of county commissioners, or
board of township supervisors, the department of transportation, board of county
commissioners, or board of township supervisors shall make necessary openings
through the road or highway at its own expense after receiving notice of the water
resource board's determination. The cost to build, maintain, and repair the culverts or
bridges must be allocated 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.
2. A drain may be laid along any railroad when necessary, but not to the injury of the
railroad. If, during the preparation of the report required under section 61-16.1-17, a
water resource board discovers it may be necessary to run a drain across a railroad,
the water resource board shall notify and solicit guidance from the railroad company
as soon as practicable. If the water resource board determines the drain must be run
across the railroad after considering any guidance received from the railroad company,
the railroad company, when notified of the water resource board's determination, shall
make the necessary opening through such railroad, build the required bridges and
culverts, and keep them in repair.
### § 61-16.1-43. Construction of bridges and culverts - Costs.

1. The water resource board shall construct any 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 the drain. The cost of
constructing the bridge or culvert must be charged as part of the cost of constructing
the drain. The bridge or culvert must be maintained under the authority of the water
resource board, and the necessary expense must be deemed a part of the cost of
maintenance.
2. When 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 water resource board shall
notify the county or township with authority for the highway and provide the county or
township reasonable time to review and provide input on the plans for the bridge or
culvert. The bridge or culvert must be maintained by the county or township and all
necessary maintenance expenses must be borne forty percent by the county and sixty
percent by the water resource board, unless otherwise agreed upon by the water
resource board and the highway authority. If the highway authority and the water
resource board cannot agree on the necessity or proper methodology for maintaining
the bridge or culvert, the requesting party may appeal the denial under chapter 28-34.
The cost of constructing the bridge or culvert must be shared in the following manner:
a. If funds are available, the state water commission may participate according to
the commission's rules or policies. The remaining cost must be borne forty
percent by the county and sixty percent by the district that created the need for
the construction.
b. If funds are not available to the commission for participation, forty percent of the
cost must be paid by the county and sixty percent must be charged as the cost of
the drain to the district.
c. Upon request from the water resource board, the county shall request federal
emergency funds for the construction. If the bridge or culvert is constructed with
federal financial participation, including any federal emergency funds, the costs
exceeding the amount of the federal participation must be borne by the district
and county according to the provisions of this section.

### § 61-16.1-43.1. Assessment drain culverts.

If, during the preparation of the report required under section 61-16.1-17 or during the
planning for maintenance or reconstruction of an existing assessment drain, a water resource
board discovers it may be necessary to install a culvert through a road not on the route of the
assessment drain, but which is within the assessment area and necessary for surface water to
reach the assessment drain, the water resource board shall notify and solicit guidance from the
department of transportation, board of county commissioners, or board of township supervisors,
as the case may be, as soon as practicable. If the water resource board determines the culvert
is necessary after considering any guidance received from the department of transportation,
board of county commissioners, or board of township supervisors, the department of
transportation, board of county commissioners, or board of township supervisors shall make
necessary openings through the road or highway at its own expense after receiving notice of the
water resource board's determination. The cost to build, maintain, and repair the culverts must
be allocated as provided under section 61-16.1-43.
### § 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.
4. If a board holds an election to approve a project under subsection 3, an affected
landowner receiving a benefit from a project may not vote on the question of obligating
the district for the costs if the landowner has failed to pay the required assessment.

### § 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

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.
3. 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.
### § 61-16.1-49.1. Designation of lateral drain.

A determination by a water resource board as to whether an existing or proposed drain is a
lateral drain is a conclusive determination when entered on the records of the board.
### § 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.
### § 61-16.1-50.1. Procedure to construct or extend an assessment drain through or into

two or more counties.
To construct or extend an assessment drain in two or more counties, a petition must be
presented to the several water resource boards for the area in which the drain will lie for the
establishment of the drain under this chapter. The boards shall hold a joint meeting and shall
determine the necessity or expediency of the establishment of the drain. To proceed with the
drain, the boards shall agree upon the proportion of damages and benefits to accrue to the
lands affected in each county, and for this purpose the boards shall consider the entire course of
the drain through all the counties as one drain. If the boards fail to agree upon the benefits to
accrue to the lands in each county, the boards shall submit the points in controversy to the
department of water resources, and the department's decision is final. The boards may
apportion the cost of establishing and constructing the entire drain ratably and equitably upon
the lands in each county in proportion to the benefits to accrue to the county's lands. When the
boards have apportioned the costs, the boards shall make written reports of the apportionment
to the auditors of the several counties affected. The reports must show the portion of cost of the
entire drain to be paid by taxes upon the lands in each of the counties and must be signed by
the boards of all counties affected. Upon the filing of the reports, the several boards shall meet
and assess against the lands in each of the counties, ratably and equitably as provided by this
chapter, an amount sufficient to pay the proportion of the cost of the drain in each county. The
provisions of this chapter relating to drains within a single county govern the establishment,
construction, maintenance, repair, and cleanout of the drains.

### § 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 result of a natural occurrence, such as sedimentation or vegetation, or 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 also must be sent to the tenant, if any. The notice must specify the nature
and extent of the obstruction and the opinion of the board as to its cause, and must
state if the obstruction is not removed within the period 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 also must state 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 apply immediately to the appropriate district court for an
injunction prohibiting a landowner or tenant from maintaining an obstruction.
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 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 under 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 before the notice required
by this section is given and appropriate construction site protection standards must be
followed.
2. For the purposes of this section, "an obstruction to a drain" means a natural or artificial
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 that materially affects the free
flow of waters in the watercourse or drain.
3. 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.
### § 61-16.1-52.1. Closing of noncomplying drain - Notice and hearing - Appeal -

Injunction.
If the board determines a drain, lateral drain, or ditch has been opened or established by a
landowner or tenant contrary to this chapter or any rules adopted by the board, the board shall
notify the landowner by registered mail at the landowner's address of record. A copy of the
notice also must be sent to the tenant, if any. The notice must specify the nature and extent of
the noncompliance and must state if the drain, lateral drain, or ditch is not closed or filled within
the period the board determines, but not less than fifteen days, the board shall procure the
closing or filling of the drain, lateral drain, or ditch and assess the cost, or the portion the board
determines, against the property of the landowner responsible. The notice also must state 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
apply immediately to the appropriate district court for an injunction prohibiting the landowner or
tenant from maintaining the drain, lateral drain, or ditch. 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 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 for in section 28-34-01. A hearing as provided for in this section is
not a prerequisite to an appeal.
### § 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 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 - Department of water resources 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 department of water resources. The appeal to the
department 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 department which must state specifically the reason why the board's decision is
erroneous. The appealing party also shall 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 department shall handle the
appeal by conducting an independent investigation and making an independent
determination of the matter. The department may enter property affected by the
complaint to investigate the complaint.

2. 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 department of water resources within one
hundred fifty days of the submittal date of the original complaint. Without reference to
chapter 28-32, the department shall cause the investigation and determination to be
made, either by action against the board or by conducting the investigation and
making the determination.
3. If the department of water resources determines 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 department 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.
4. If the department of water resources 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
department, but not less than thirty days, the department shall procure the removal of
the dam, dike, or other device and assess the cost of removal against the responsible
landowner's property. If, in the opinion of the department, 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
department 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.
5. If the department of water resources, 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 must include the nature and
extent of the noncompliance. Upon having the matter returned to its jurisdiction, the
board shall carry out the department's decision under the terms of this section.
6. If the department of water resources, 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 and 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.
7. If the department of water resources dismisses the dam, dike, or other device
complaint, the department of water resources shall notify all parties of record to the
appeal and include in its notification the department of water resource's investigation
report, if applicable.
8. 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
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.
9. Any party aggrieved by a decision of the department of water resources under this
section may request a hearing under section 61-03-22 and appeal the decision to

district court under chapter 28-32. A hearing by the department of water resources
under this section is a prerequisite to an appeal.
### § 61-16.1-54. Appeal from decision of water resource board - Undertaking -

Jurisdiction.
An aggrieved person may appeal an order or decision of a water resource board to the
district court of the county in which the land claimed to be affected adversely by the order or
decision is located. An appellant shall file an undertaking in the sum of two hundred dollars with
any sureties required by the clerk of the district court to which the appeal is taken. The
undertaking must be conditioned on the appellant prosecuting the appeal without delay and
paying 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.
An appeal under this section 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 contracts, special assessments, and other acts.

Before a water resource board enters a contract, levies special assessments, issues special
assessment warrants, or takes any special action, or if a water resource board in a common
river basin does not agree to meet or cooperate in good faith as required under section
61-16.1-15.1, a water resource board may commence a special proceeding in district court by
which the proceeding leading up to the making of a contract, levying special assessments,
issuing special assessment warrants, or leading up to any other special action, including a
request to cooperate under section 61-16.1-15.1, shall be judicially examined, approved, and
confirmed. The court may award reasonable attorneys' fees and costs if a water resource board
fails to cooperate or act in good faith under section 61-16.1-15.1. Any judicial proceeding
commenced under this section shall comply substantially with the procedure required in the
case of judicial confirmation of proceedings, acts, and contracts of an irrigation district.
### § 61-16.1-59.1. Sinking funds and bonds.

A water resource board shall establish a sinking fund for each issue of bonds, and the fund
must consist of all drain assessments made for the bonds, all warrants funded, all assessments
for the warrants, all accrued interest received on sale of bonds, all proceeds of bonds sold not
actually expended for the drain, the reserve fund authorized for purchase of tax delinquent lands
affected by the drain, all general tax levies for payment of obligations of the drain, and any other
moneys that may be appropriated to the sinking fund. Separate sinking funds must be provided
for each separate drain for which bonds have been issued. Until the purpose of the sinking fund
has been fulfilled, moneys in the sinking fund may not be applied to any purpose other than
payment of the bonds for which the fund was created.

### § 61-16.1-59.2. Existing obligations and regulations.

Except as specified, amendments to this chapter do not affect the validity of any valid
outstanding warrants, bonds, or other obligations of drainage districts, and all sinking funds
created for the payment of these obligations continue in force until the liquidation of the
obligations. All valid rules adopted by any board of county commissioners or board of drainage
commissioners remain in full force and effect until altered or repealed by the board.
### § 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.
### § 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.
