ND
North Dakota Senate Bill SB2059

North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2059 Compare Versions

OldNewDifferences
1-Sixty-ninth Legislative Assembly of North Dakota
2-In Regular Session Commencing Tuesday, January 7, 2025
3-SENATE BILL NO. 2059
4-(Energy and Natural Resources Committee)
1+25.8036.01000
2+Sixty-ninth
3+Legislative Assembly
4+of North Dakota
5+Introduced by
6+Energy and Natural Resources Committee
57 (At the request of the Department of Water Resources)
6-AN ACT to amend and reenact sections 61-04-05.1, 61-16.1-53.1, and 61-32-08 of North Dakota
7-Century Code, relating to hearing and appeals processes of the department of water resources.
8+A BILL for an Act to amend and reenact sections 61-04-05.1, 61-16.1-53.1, and 61-32-08 of
9+North Dakota Century Code, relating to hearing and appeals processes of the department of
10+water resources.
811 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
9-SECTION 1. AMENDMENT. Section 61-04-05.1 of the North Dakota Century Code is amended and
10-reenacted as follows:
12+SECTION 1. AMENDMENT. Section 61-04-05.1 of the North Dakota Century Code is
13+amended and reenacted as follows:
1114 61-04-05.1. Comments - Hearing.
1215 1.Comments regarding a proposed appropriation must be in writing and filed by the date
13-specified by the department of water resources under subsection 5 of section 61-04-05. The
14-comments must state the name and mailing address of the person filing the comments.
15-Comment letters submitted electronically must state the name and mailing address of the
16-person filing the comments, and must be signed by the submitter to be considered valid and
17-part of the official record.
18-2.A person filing written comments also may request a public hearing for the department to
19-obtain additional information to evaluate the application or to receive public input by the date
20-specified by the department of water resources under subsection 5 of section 61-04-05. If a
21-request for a public hearing is made and the department determines a public hearing is
22-necessary, the department shall designate a time and place for the public hearing and serve a
23-notice of hearing uponnotify the applicant and any person who filed written comments. Service
24-must be made in the manner allowed for service under the North Dakota Rules of Civil
25-Procedure by certified mail at least twenty days before the hearing.
26-3.If two or more municipal or public use permitholders request the public hearing to be held
27-locally, the department of water resources shall hold the hearing in the county seat of the
28-county in which the proposed water appropriation site is located.
16+specified by the department of water resources under subsection 5 of section
17+61-04-05. The comments must state the name and mailing address of the person filing
18+the comments. Comment letters submitted electronically must state the name and
19+mailing address of the person filing the comments, and must be signed by the
20+submitter to be considered valid and part of the official record.
21+2.A person filing written comments also may request a public hearing for the department
22+to obtain additional information to evaluate the application or to receive public input by
23+the date specified by the department of water resources under subsection 5 of section
24+61-04-05. If a request for a public hearing is made and the department determines a
25+public hearing is necessary, the department shall designate a time and place for the
26+public hearing and serve a notice of hearing uponnotify the applicant and any person
27+who filed written comments. Service must be made in the manner allowed for service
28+under the North Dakota Rules of Civil Procedure by certified mail at least twenty days
29+before the hearing.
30+Page No. 1 25.8036.01000
31+ SENATE BILL NO. 2059
32+
33+1
34+2
35+3
36+4
37+5
38+6
39+7
40+8
41+9
42+10
43+11
44+12
45+13
46+14
47+15
48+16
49+17
50+18
51+19
52+20
53+21
54+22 Sixty-ninth
55+Legislative Assembly
56+3.If two or more municipal or public use permitholders request the public hearing to be
57+held locally, the department of water resources shall hold the hearing in the county
58+seat of the county in which the proposed water appropriation site is located.
2959 4.The department of water resources shall consider all written comments received and
30-testimony presented at a public hearing, if held, and shall make a recommended decision in
31-writing. The recommended decision must be mailed to the applicant and any party of record
32-and may constitute:
33-a.Approval of all or a portion of the application, with the remainder held in abeyance or
34-denied;
60+testimony presented at a public hearing, if held, and shall make a recommended
61+decision in writing. The recommended decision must be mailed to the applicant and
62+any party of record and may constitute:
63+a.Approval of all or a portion of the application, with the remainder held in
64+abeyance or denied;
3565 b.Denial of the application; or
3666 c.Deferral of the application.
37-5.Within thirty days of service of the recommended decision, the applicant and any party of
38-record who would be aggrieved by the decision may file additional written comments with the
39-department of water resources or request an adjudicative proceeding on the application, or
40-both. A request for an adjudicative proceeding must be made in writing and must state with
41-particularity how the person would be aggrieved by the decision and the issues and facts to be
42-presented at the proceeding. If a request for an adjudicative proceeding is not made, the
43-department shall consider the additional comments, if any are submitted, and issue a final
44-decision. If a request for an adjudicative proceeding is made and the department determines S. B. NO. 2059 - PAGE 2
45-an adjudicative proceeding is necessary, the department shall designate a time and place for
46-the adjudicative proceeding and serve the notice of adjudicative proceeding uponnotify the
47-applicant and any person who filed written comments. Service must be made in the manner
48-allowed for service under the North Dakota Rules of Civil Procedure by certified mail at least
49-twenty days before the hearing.
50-SECTION 2. AMENDMENT. Section 61-16.1-53.1 of the North Dakota Century Code is amended
51-and reenacted as follows:
52-61-16.1-53.1. Appeal of board decisions - Department of water resources review - Closing of
53-noncomplying dams, dikes, or other devices for water conservation, flood control, regulation,
54-and watershed improvement.
55-1.The board shall make the decision required by section 61-16.1-53 within a reasonable time,
56-not exceeding one hundred twenty days, after receiving the complaint. The board shall notify
57-all parties of its decision by certified mail. Any aggrieved party may appeal the board's
58-decision to the department of water resources. The appeal to the department must be made
59-within thirty days from the date notice of the board's decision has been received. The appeal
60-must be made by submitting a written notice to the department which must state specifically
61-the reason why the board's decision is erroneous. The appealing party also shall submit
62-copies of the written appeal notice to the board and to all nonappealing parties. Upon receipt
63-of this notice the board, if it has ordered removal of a dam, dike, or other device, is relieved of
64-its obligation to procure the removal of the dam, dike, or other device. The department shall
65-handle the appeal by conducting an independent investigation and making an independent
66-determination of the matter. The department may enter property affected by the complaint to
67-investigate the complaint.
68-2.If the board fails to investigate and make a determination concerning the complaint within a
69-reasonable time, not exceeding one hundred twenty days, the person filing the complaint may
70-file the complaint with the department of water resources within one hundred fifty days of the
71-submittal date of the original complaint. Without reference to chapter 28-32, the department
72-shall cause the investigation and determination to be made, either by action against the board
73-or by conducting the investigation and making the determination.
74-3.If the department of water resources determines a dam, dike, or other device has been
75-constructed or established by a landowner or tenant contrary to title 61 or any rules adopted
76-by the board, the department shall take one of these three actions:
77-a.Notify the landowner by certified mail at the landowner's post-office address of record;
78-b.Return the matter to the jurisdiction of the board along with the investigation report; or
79-c.Forward the dam, dike, or other device complaint and investigation report to the state's
80-attorney.
81-4.If the department of water resources decides to notify the landowner, the notice must specify
82-the nature and extent of the noncompliance and state that if the dam, dike, or other device is
83-not removed within a reasonable time as determined by the department, but not less than
84-thirty days, the department shall procure the removal of the dam, dike, or other device and
85-assess the cost of removal against the responsible landowner's property. The notice from the
86-department also must state that, within fifteen days of the date the notice is mailed, the
87-affected landowner may demand, in writing, a hearing on the matter. Upon receipt of the
88-demand, the department shall set a hearing date within fifteen days from the date the demand
89-is received. If, in the opinion of the department, more than one landowner or tenant has been
90-responsible, the costs may be assessed on a pro rata basis in proportion to the responsibility
91-of the landowners. Upon assessment of costs, the department shall certify the assessment to
92-the county auditor of the county where the noncomplying dam, dike, or other device is located.
93-The county auditor shall extend the assessment against the property assessed. Each S. B. NO. 2059 - PAGE 3
94-assessment must be collected and paid as other property taxes are collected and paid.
95-Assessments collected must be deposited with the state treasurer and credited to the contract
96-fund established by section 61-02-64.1. Any person aggrieved by action of the department
97-under this section may appeal the decision of the department to the district court under
98-chapter 28-32. A hearing by the department as provided for in this section is a prerequisite to
99-an appeal.
100-5.If the department of water resources, after completing the investigation required under this
101-section, decides to return the matter to the board, a complete copy of the investigation report
102-must be forwarded to the board and must include the nature and extent of the noncompliance.
103-Upon having the matter returned to its jurisdiction, the board shall carry out the department's
104-decision under the terms of this section.
105-6.If the department of water resources, after completing the investigation required under this
106-section, decides to forward the dam, dike, or other device complaint to the state's attorney, a
107-complete copy of the investigation report must also be forwarded and must include the nature
108-and extent of the noncompliance. The state's attorney shall prosecute the complaint under the
109-statutory responsibilities prescribed in chapter 11-16.
110-7.If the department of water resources dismisses the dam, dike, or other device complaint, the
111-department of water resources shall notify all parties of record to the appeal and include in its
112-notification the department of water resource's investigation report, if applicable.
113-8.In addition to the penalty imposed by the court on conviction under this statute, the court shall
114-order the dam, dike, or other device removed within a reasonable time period as the court
115-determines, but not less than thirty days. If the dam, dike, or other device is not removed
116-within the time prescribed by the court, the court shall procure the removal of the dam, dike, or
117-other device, and assess the cost against the property of the landowner responsible, in the
118-same manner as other assessments under chapter 61-16.1 are levied. If, in the opinion of the
119-court, more than one landowner or tenant has been responsible, the costs may be assessed
120-on a pro rata basis in proportion to the responsibility of the landowners.
121-9.Any party aggrieved by a decision of the department of water resources under this section
122-may request a hearing under section 61 - 03 - 22 and appeal the decision to district court under
123-chapter 28 - 32. A hearing by the department of water resources under this section is a
124-prerequisite to an appeal.
125-SECTION 3. AMENDMENT. Section 61-32-08 of the North Dakota Century Code is amended and
126-reenacted as follows:
127-61-32-08. Appeal of board decisions - Department of water resources review - Closing of
128-noncomplying drains.
129-1.The board shall make the decision required by section 61-32-07 within a reasonable time, but
130-not to exceed one hundred twenty days, after receiving the complaint. The board shall notify
131-all parties of its decision by certified mail. Any aggrieved party may appeal the board's
132-decision to the department of water resources. The appeal to the department must be made
133-within thirty days from the date notice of the board's decision has been received. The appeal
134-must be made by submitting a written notice to the department, and the notice must specify
135-the reason why the board's decision is erroneous. The appealing party also shall submit
136-copies of the written appeal notice to the board and to all nonappealing parties. Upon receipt
137-of this notice the board, if it has ordered closure of a drain, lateral drain, or ditch, is relieved of
138-its obligation to procure the closing or filling of the drain, lateral drain, or ditch. The department
139-shall handle the appeal by conducting an independent investigation and making an
140-independent determination of the matter. The department may enter property affected by the
141-complaint to investigate the complaint. S. B. NO. 2059 - PAGE 4
142-2.If the board fails to investigate and make a determination concerning the complaint within a
143-reasonable time, but not to exceed one hundred twenty days, the person filing the complaint
144-may file the complaint with the department of water resources within one hundred fifty days of
145-the submittal date of the original complaint. The department, without reference to chapter
146-28-32, shall cause the investigation and determination to be made, either by action against the
147-board or by conducting the investigation and making the determination.
148-3.If the department of water resources determines a drain, lateral drain, or ditch has been
149-opened or established by a landowner or tenant contrary to title 61 or any rules adopted by the
150-board, the department shall take one of three actions:
151-a.Notify the landowner by certified mail at the landowner's post-office address of record;
152-b.Return the matter to the jurisdiction of the board along with the investigation report; or
67+5.Within thirty days of service of the recommended decision, the applicant and any party
68+of record who would be aggrieved by the decision may file additional written
69+comments with the department of water resources or request an adjudicative
70+proceeding on the application, or both. A request for an adjudicative proceeding must
71+be made in writing and must state with particularity how the person would be
72+aggrieved by the decision and the issues and facts to be presented at the proceeding.
73+If a request for an adjudicative proceeding is not made, the department shall consider
74+the additional comments, if any are submitted, and issue a final decision. If a request
75+for an adjudicative proceeding is made and the department determines an adjudicative
76+proceeding is necessary, the department shall designate a time and place for the
77+adjudicative proceeding and serve the notice of adjudicative proceeding uponnotify the
78+applicant and any person who filed written comments. Service must be made in the
79+manner allowed for service under the North Dakota Rules of Civil Procedure by
80+certified mail at least twenty days before the hearing.
81+SECTION 2. AMENDMENT. Section 61-16.1-53.1 of the North Dakota Century Code is
82+amended and reenacted as follows:
83+Page No. 2 25.8036.01000
84+1
85+2
86+3
87+4
88+5
89+6
90+7
91+8
92+9
93+10
94+11
95+12
96+13
97+14
98+15
99+16
100+17
101+18
102+19
103+20
104+21
105+22
106+23
107+24
108+25
109+26
110+27 Sixty-ninth
111+Legislative Assembly
112+61-16.1-53.1. Appeal of board decisions - Department of water resources review -
113+Closing of noncomplying dams, dikes, or other devices for water conservation, flood
114+control, regulation, and watershed improvement.
115+1.The board shall make the decision required by section 61-16.1-53 within a reasonable
116+time, not exceeding one hundred twenty days, after receiving the complaint. The board
117+shall notify all parties of its decision by certified mail. Any aggrieved party may appeal
118+the board's decision to the department of water resources. The appeal to the
119+department must be made within thirty days from the date notice of the board's
120+decision has been received. The appeal must be made by submitting a written notice
121+to the department which must state specifically the reason why the board's decision is
122+erroneous. The appealing party also shall submit copies of the written appeal notice to
123+the board and to all nonappealing parties. Upon receipt of this notice the board, if it
124+has ordered removal of a dam, dike, or other device, is relieved of its obligation to
125+procure the removal of the dam, dike, or other device. The department shall handle
126+the appeal by conducting an independent investigation and making an independent
127+determination of the matter. The department may enter property affected by the
128+complaint to investigate the complaint.
129+2.If the board fails to investigate and make a determination concerning the complaint
130+within a reasonable time, not exceeding one hundred twenty days, the person filing the
131+complaint may file the complaint with the department of water resources within one
132+hundred fifty days of the submittal date of the original complaint. Without reference to
133+chapter 28-32, the department shall cause the investigation and determination to be
134+made, either by action against the board or by conducting the investigation and
135+making the determination.
136+3.If the department of water resources determines a dam, dike, or other device has
137+been constructed or established by a landowner or tenant contrary to title 61 or any
138+rules adopted by the board, the department shall take one of these three actions:
139+a.Notify the landowner by certified mail at the landowner's post-office address of
140+record;
141+b.Return the matter to the jurisdiction of the board along with the investigation
142+report; or
143+Page No. 3 25.8036.01000
144+1
145+2
146+3
147+4
148+5
149+6
150+7
151+8
152+9
153+10
154+11
155+12
156+13
157+14
158+15
159+16
160+17
161+18
162+19
163+20
164+21
165+22
166+23
167+24
168+25
169+26
170+27
171+28
172+29
173+30
174+31 Sixty-ninth
175+Legislative Assembly
176+c.Forward the dam, dike, or other device complaint and investigation report to the
177+state's attorney.
178+4.If the department of water resources decides to notify the landowner, the notice must
179+specify the nature and extent of the noncompliance and state that if the dam, dike, or
180+other device is not removed within a reasonable time as determined by the
181+department, but not less than thirty days, the department shall procure the removal of
182+the dam, dike, or other device and assess the cost of removal against the responsible
183+landowner's property. The notice from the department also must state that, within
184+fifteen days of the date the notice is mailed, the affected landowner may demand, in
185+writing, a hearing on the matter. Upon receipt of the demand, the department shall set
186+a hearing date within fifteen days from the date the demand is received. If, in the
187+opinion of the department, more than one landowner or tenant has been responsible,
188+the costs may be assessed on a pro rata basis in proportion to the responsibility of the
189+landowners. Upon assessment of costs, the department shall certify the assessment
190+to the county auditor of the county where the noncomplying dam, dike, or other device
191+is located. The county auditor shall extend the assessment against the property
192+assessed. Each assessment must be collected and paid as other property taxes are
193+collected and paid. Assessments collected must be deposited with the state treasurer
194+and credited to the contract fund established by section 61-02-64.1. Any person
195+aggrieved by action of the department under this section may appeal the decision of
196+the department to the district court under chapter 28-32. A hearing by the department
197+as provided for in this section is a prerequisite to an appeal.
198+5.If the department of water resources, after completing the investigation required under
199+this section, decides to return the matter to the board, a complete copy of the
200+investigation report must be forwarded to the board and must include the nature and
201+extent of the noncompliance. Upon having the matter returned to its jurisdiction, the
202+board shall carry out the department's decision under the terms of this section.
203+6.If the department of water resources, after completing the investigation required under
204+this section, decides to forward the dam, dike, or other device complaint to the state's
205+attorney, a complete copy of the investigation report must also be forwarded and must
206+include the nature and extent of the noncompliance. The state's attorney shall
207+Page No. 4 25.8036.01000
208+1
209+2
210+3
211+4
212+5
213+6
214+7
215+8
216+9
217+10
218+11
219+12
220+13
221+14
222+15
223+16
224+17
225+18
226+19
227+20
228+21
229+22
230+23
231+24
232+25
233+26
234+27
235+28
236+29
237+30
238+31 Sixty-ninth
239+Legislative Assembly
240+prosecute the complaint under the statutory responsibilities prescribed in chapter
241+11-16.
242+7.If the department of water resources dismisses the dam, dike, or other device
243+complaint, the department of water resources shall notify all parties of record to the
244+appeal and include in its notification the department of water resource's investigation
245+report, if applicable.
246+8.In addition to the penalty imposed by the court on conviction under this statute, the
247+court shall order the dam, dike, or other device removed within a reasonable time
248+period as the court determines, but not less than thirty days. If the dam, dike, or other
249+device is not removed within the time prescribed by the court, the court shall procure
250+the removal of the dam, dike, or other device, and assess the cost against the property
251+of the landowner responsible, in the same manner as other assessments under
252+chapter 61-16.1 are levied. If, in the opinion of the court, more than one landowner or
253+tenant has been responsible, the costs may be assessed on a pro rata basis in
254+proportion to the responsibility of the landowners.
255+9.Any party aggrieved by a decision of the department of water resources under this
256+section may request a hearing under section 61 - 03 - 22 and appeal the decision to
257+district court under chapter 28 - 32. A hearing by the department of water resources
258+under this section is a prerequisite to an appeal.
259+SECTION 3. AMENDMENT. Section 61-32-08 of the North Dakota Century Code is
260+amended and reenacted as follows:
261+61-32-08. Appeal of board decisions - Department of water resources review - Closing
262+of noncomplying drains.
263+1.The board shall make the decision required by section 61-32-07 within a reasonable
264+time, but not to exceed one hundred twenty days, after receiving the complaint. The
265+board shall notify all parties of its decision by certified mail. Any aggrieved party may
266+appeal the board's decision to the department of water resources. The appeal to the
267+department must be made within thirty days from the date notice of the board's
268+decision has been received. The appeal must be made by submitting a written notice
269+to the department, and the notice must specify the reason why the board's decision is
270+erroneous. The appealing party also shall submit copies of the written appeal notice to
271+Page No. 5 25.8036.01000
272+1
273+2
274+3
275+4
276+5
277+6
278+7
279+8
280+9
281+10
282+11
283+12
284+13
285+14
286+15
287+16
288+17
289+18
290+19
291+20
292+21
293+22
294+23
295+24
296+25
297+26
298+27
299+28
300+29
301+30
302+31 Sixty-ninth
303+Legislative Assembly
304+the board and to all nonappealing parties. Upon receipt of this notice the board, if it
305+has ordered closure of a drain, lateral drain, or ditch, is relieved of its obligation to
306+procure the closing or filling of the drain, lateral drain, or ditch. The department shall
307+handle the appeal by conducting an independent investigation and making an
308+independent determination of the matter. The department may enter property affected
309+by the complaint to investigate the complaint.
310+2.If the board fails to investigate and make a determination concerning the complaint
311+within a reasonable time, but not to exceed one hundred twenty days, the person filing
312+the complaint may file the complaint with the department of water resources within one
313+hundred fifty days of the submittal date of the original complaint. The department,
314+without reference to chapter 28-32, shall cause the investigation and determination to
315+be made, either by action against the board or by conducting the investigation and
316+making the determination.
317+3.If the department of water resources determines a drain, lateral drain, or ditch has
318+been opened or established by a landowner or tenant contrary to title 61 or any rules
319+adopted by the board, the department shall take one of three actions:
320+a.Notify the landowner by certified mail at the landowner's post-office address of
321+record;
322+b.Return the matter to the jurisdiction of the board along with the investigation
323+report; or
153324 c.Forward the drainage complaint and investigation report to the state's attorney.
154-4.If the department of water resources decides to notify the landowner, the notice must specify
155-the nature and extent of the noncompliance and state if the drain, lateral drain, or ditch is not
156-closed or filled within a reasonable time as determined by the department, but not less than
157-thirty days, the department shall procure the closing or filling of the drain, lateral drain, or ditch
158-and assess the cost, against the responsible landowner's property. The notice from the
159-department must state the affected landowner may demand in writing, within fifteen days of
160-the date the notice is mailed, a hearing on the matter. Upon receipt of the demand, the
161-department shall set a hearing date within fifteen days from the date the demand is received.
162-If, in the opinion of the department, more than one landowner or tenant has been responsible,
163-the costs may be assessed on a pro rata basis in proportion to the responsibility of the
164-landowners. Upon assessment of costs, the department shall certify the assessment to the
165-county auditor of the county where the noncomplying drain, lateral drain, or ditch is located.
166-The county auditor shall extend the assessment against the property assessed. Each
167-assessment must be collected and paid as other property taxes are collected and paid.
168-Assessments collected must be deposited with the state treasurer and credited to the contract
169-fund established by section 61-02-64.1. Any person aggrieved by action of the department
170-under this section may appeal the decision of the department to the district court under
171-chapter 28-32. A hearing by the department under this section is a prerequisite to an appeal.
172-5.If the department of water resources, after completing the investigation required under this
173-section, decides to return the matter to the board, a complete copy of the investigation report
174-must be forwarded to the board and it must include the nature and extent of the
175-noncompliance. Upon having the matter returned to its jurisdiction, the board shall carry out
176-the department's decision under this section.
177-6.If the department of water resources, after completing the investigation required under this
178-section, decides to forward the drainage complaint to the state's attorney, a complete copy of
179-the investigation report must be forwarded and must include the nature and extent of the
180-noncompliance. The state's attorney shall prosecute the complaint under the statutory
181-responsibilities prescribed in chapter 11-16.
182-7.If the department of water resources dismisses the drainage complaint, the department of
183-water resources shall notify all parties of record to the appeal and include in its notification the
184-department of water resource's investigation report, if applicable.
185-8.In addition to the penalty imposed by the court on conviction under this statute, the court shall
186-order the drain, lateral drain, or ditch closed or filled within a reasonable time period as the
187-court determines, but not less than thirty days. If the drain, lateral drain, or ditch is not closed
188-or filled within the time prescribed by the court, the court shall procure the closing or filling of
189-the drain, lateral drain, or ditch, and assess the cost against the property of the landowner
190-responsible, in the same manner as other assessments under chapter 61-16.1 are levied. If, in S. B. NO. 2059 - PAGE 5
191-the opinion of the court, more than one landowner or tenant has been responsible, the costs
192-may be assessed on a pro rata basis in proportion to the responsibility of the landowners.
193-9.Any party aggrieved by a decision of the department of water resources under this section
194-may request a hearing under section 61 - 03 - 22 and appeal the decision to district court under
195-chapter 28 - 32. A hearing by the department of water resources under this section is a
196-prerequisite to an appeal. S. B. NO. 2059 - PAGE 6
197-____________________________ ____________________________
198-President of the Senate Speaker of the House
199-____________________________ ____________________________
200-Secretary of the Senate Chief Clerk of the House
201-This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
202-Dakota and is known on the records of that body as Senate Bill No. 2059.
203-Senate Vote:Yeas 47 Nays 0 Absent 0
204-House Vote: Yeas 91 Nays 1 Absent 2
205-____________________________
206-Secretary of the Senate
207-Received by the Governor at ________M. on _____________________________________, 2025.
208-Approved at ________M. on __________________________________________________, 2025.
209-____________________________
210-Governor
211-Filed in this office this ___________day of _______________________________________, 2025,
212-at ________ o’clock ________M.
213-____________________________
214-Secretary of State
325+4.If the department of water resources decides to notify the landowner, the notice must
326+specify the nature and extent of the noncompliance and state if the drain, lateral drain,
327+or ditch is not closed or filled within a reasonable time as determined by the
328+department, but not less than thirty days, the department shall procure the closing or
329+filling of the drain, lateral drain, or ditch and assess the cost, against the responsible
330+landowner's property. The notice from the department must state the affected
331+landowner may demand in writing, within fifteen days of the date the notice is mailed,
332+a hearing on the matter. Upon receipt of the demand, the department shall set a
333+hearing date within fifteen days from the date the demand is received. If, in the opinion
334+of the department, more than one landowner or tenant has been responsible, the
335+Page No. 6 25.8036.01000
336+1
337+2
338+3
339+4
340+5
341+6
342+7
343+8
344+9
345+10
346+11
347+12
348+13
349+14
350+15
351+16
352+17
353+18
354+19
355+20
356+21
357+22
358+23
359+24
360+25
361+26
362+27
363+28
364+29
365+30
366+31 Sixty-ninth
367+Legislative Assembly
368+costs may be assessed on a pro rata basis in proportion to the responsibility of the
369+landowners. Upon assessment of costs, the department shall certify the assessment
370+to the county auditor of the county where the noncomplying drain, lateral drain, or ditch
371+is located. The county auditor shall extend the assessment against the property
372+assessed. Each assessment must be collected and paid as other property taxes are
373+collected and paid. Assessments collected must be deposited with the state treasurer
374+and credited to the contract fund established by section 61-02-64.1. Any person
375+aggrieved by action of the department under this section may appeal the decision of
376+the department to the district court under chapter 28-32. A hearing by the department
377+under this section is a prerequisite to an appeal.
378+5.If the department of water resources, after completing the investigation required under
379+this section, decides to return the matter to the board, a complete copy of the
380+investigation report must be forwarded to the board and it must include the nature and
381+extent of the noncompliance. Upon having the matter returned to its jurisdiction, the
382+board shall carry out the department's decision under this section.
383+6.If the department of water resources, after completing the investigation required under
384+this section, decides to forward the drainage complaint to the state's attorney, a
385+complete copy of the investigation report must be forwarded and must include the
386+nature and extent of the noncompliance. The state's attorney shall prosecute the
387+complaint under the statutory responsibilities prescribed in chapter 11-16.
388+7.If the department of water resources dismisses the drainage complaint, the
389+department of water resources shall notify all parties of record to the appeal and
390+include in its notification the department of water resource's investigation report, if
391+applicable.
392+8.In addition to the penalty imposed by the court on conviction under this statute, the
393+court shall order the drain, lateral drain, or ditch closed or filled within a reasonable
394+time period as the court determines, but not less than thirty days. If the drain, lateral
395+drain, or ditch is not closed or filled within the time prescribed by the court, the court
396+shall procure the closing or filling of the drain, lateral drain, or ditch, and assess the
397+cost against the property of the landowner responsible, in the same manner as other
398+assessments under chapter 61-16.1 are levied. If, in the opinion of the court, more
399+Page No. 7 25.8036.01000
400+1
401+2
402+3
403+4
404+5
405+6
406+7
407+8
408+9
409+10
410+11
411+12
412+13
413+14
414+15
415+16
416+17
417+18
418+19
419+20
420+21
421+22
422+23
423+24
424+25
425+26
426+27
427+28
428+29
429+30
430+31 Sixty-ninth
431+Legislative Assembly
432+than one landowner or tenant has been responsible, the costs may be assessed on a
433+pro rata basis in proportion to the responsibility of the landowners.
434+9.Any party aggrieved by a decision of the department of water resources under this
435+section may request a hearing under section 61 - 03 - 22 and appeal the decision to
436+district court under chapter 28 - 32. A hearing by the department of water resources
437+under this section is a prerequisite to an appeal.
438+Page No. 8 25.8036.01000
439+1
440+2
441+3
442+4
443+5
444+6