North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2106 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	25.0494.01000
2	2	Sixty-ninth
3	3	Legislative Assembly
4	4	of North Dakota
5	5	Introduced by
6	6	Senator Beard
7	7	A BILL for an Act to create and enact a new section to chapter 61-01 of the North Dakota
8	8	Century Code, relating to weather modification operations in the state; to amend and reenact
9	9	subsection 1 of section 37-17.1-11, and sections 58-03-07, 61-02.1-02.1, and 61-16.1-09 of the
10	10	North Dakota Century Code, relating to weather modification; to repeal section 37-17.1-15 and
11	11	chapter 61-04.1 of the North Dakota Century Code, relating to weather modification; and to
12	12	provide a penalty.
13	13	BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
14	14	SECTION 1. AMENDMENT. Subsection 1 of section 37-17.1-11 of the North Dakota
15	15	Century Code is amended and reenacted as follows:
16	16	1.In addition to disaster or emergency mitigation measures as included in the state and
17	17	local disaster or emergency operational plans, the governor shall consider, on a
18	18	continuing basis, steps that couldmay be taken to mitigate or reduce the harmful
19	19	consequences of disasters or emergencies. At the governor's direction, and pursuant
20	20	to any other authority and capability they haveof state agencies, state agencies
21	21	charged with responsibilities in connection with floodplain management, stream
22	22	encroachment and flow regulation, weather modification, fire prevention and control,
23	23	air quality, public works, land use and land use planning, and construction standards,
24	24	shall make studies of disaster or emergency mitigation-related matters. The governor,
25	25	from time to time, periodically shall make recommendations to the legislative
26	26	assembly, local governments, and other appropriate public and private entities as may
27	27	facilitate measures for mitigation or reduction of the harmful consequences of
28	28	disasters or emergencies.
29	29	SECTION 2. AMENDMENT. Section 58-03-07 of the North Dakota Century Code is
30	30	amended and reenacted as follows:
31	31	Page No. 1 25.0494.01000
32	32	SENATE BILL NO. 2106
33	33
34	34	1
35	35	2
36	36	3
37	37	4
38	38	5
39	39	6
40	40	7
41	41	8
42	42	9
43	43	10
44	44	11
45	45	12
46	46	13
47	47	14
48	48	15
49	49	16
50	50	17
51	51	18
52	52	19
53	53	20
54	54	21
55	55	22
56	56	23
57	57	24 Sixty-ninth
58	58	Legislative Assembly
59	59	58-03-07. Powers of electors.
60	60	The electors of each township have the power at the annual township meeting to:
61	61	1.To establishEstablish one or more pounds within the township, to determine the
62	62	location of the pounds, to determine the number of poundmasters and to choose the
63	63	poundmasters, and to discontinue pounds which have been established.
64	64	2.To selectSelect the township officers required to be chosen.
65	65	3.To directDirect the institution or defense of actions in all controversies in which the
66	66	township is interested.
67	67	4.To directDirect the raising of suchthe sums as they may deemdeemed necessary to
68	68	prosecute or defend actions in which the township is interested.
69	69	5.To makeMake all rules and regulations for the impounding of animals.
70	70	6.To make suchMake bylaws, rules, and regulations as may be deemed necessary to
71	71	carry into effect the powers granted to the township.
72	72	7.To imposeImpose penalties for each offense on persons offending against any rule or
73	73	regulation established by the township.
74	74	8.To applyApply penalties when collected in suchthe manner as they deemdeemed most
75	75	conducive to the interests of the township.
76	76	9.To ratifyRatify or reject recommendations offered by the board of township supervisors
77	77	for the expenditure of funds for the purpose of purchasing building sites and for the
78	78	purchase, location, erection, or removal of any building or erection for township
79	79	purposes. NoA recommendation shallmay not be adopted except by a two-thirds vote
80	80	of the electors present and voting at any annual township meeting.
81	81	10.To authorizeAuthorize and empower the board of township supervisors to purchase
82	82	liquids, compounds, or other ingredients for the destruction of noxious weeds, and
83	83	sprinklers to be used in spraying saidthe liquids or compounds. NoA township
84	84	shallmay not purchase more than two such sprinklers in any one year.
85	85	11.To authorizeAuthorize aid to a district fair association within the limits provided in
86	86	title 4.
87	87	12.To authorizeAuthorize the levy of township taxes for the repair and construction of
88	88	roads and bridges and for other township charges and expenses within the limits
89	89	prescribed in title 57.
90	90	Page No. 2 25.0494.01000
91	91	1
92	92	2
93	93	3
94	94	4
95	95	5
96	96	6
97	97	7
98	98	8
99	99	9
100	100	10
101	101	11
102	102	12
103	103	13
104	104	14
105	105	15
106	106	16
107	107	17
108	108	18
109	109	19
110	110	20
111	111	21
112	112	22
113	113	23
114	114	24
115	115	25
116	116	26
117	117	27
118	118	28
119	119	29
120	120	30
121	121	31 Sixty-ninth
122	122	Legislative Assembly
123	123	13.To directDirect the expenditure of funds raised for the repair and construction of roads
124	124	within the limits provided in title 24.
125	125	14.To authorizeAuthorize the dissolution of the township in the manner provided in this
126	126	title.
127	127	15.To authorize theAuthorize entering into a contract for fire protection as provided for in
128	128	section 18-06-10.
129	129	16.To authorizeAuthorize the expenditure of funds for the eradication of gophers, prairie
130	130	dogs, crows, or magpies.
131	131	17.To authorize the expenditure of township funds for weather modification activities.
132	132	18.To authorizeAuthorize the expenditure of funds to pay membership fees in county,
133	133	state, and national associations of township governments. This subsection may not be
134	134	construed to authorize a mill levy.
135	135	19.18.To supportSupport an airport or to support or create an airport authority and to levy a
136	136	tax for airport purposes within the limitations of section 2-06-15.
137	137	20.19.To directDirect the transfer of township funds to a rural fire protection district or rural
138	138	fire department for fire protection within the township.
139	139	21.20.To directDirect the transfer of township funds to a rural ambulance service district for
140	140	emergency medical service within the township.
141	141	22.21.To establishEstablish special assessment districts in accordance with chapter 58-18.
142	142	SECTION 3. AMENDMENT. Section 61-02.1-02.1 of the North Dakota Century Code is
143	143	amended and reenacted as follows:
144	144	61-02.1-02.1. Funding - Statewide water development projects - Bond issuance
145	145	amount.
146	146	1.The priorities for the statewide water development program must be authorized and
147	147	declared in the public interest. These priorities include municipal,:
148	148	a.Municipal, rural, and industrial projects; irrigation
149	149	b.Irrigation projects; general
150	150	c.General water management projects, including rural flood control, snagging and
151	151	clearing, channel improvement, recreation, and planning studies; flood and
152	152	d.Flood control projects; and weather modification projects, which are authorized
153	153	and declared to be in the public interest.
154	154	Page No. 3 25.0494.01000
155	155	1
156	156	2
157	157	3
158	158	4
159	159	5
160	160	6
161	161	7
162	162	8
163	163	9
164	164	10
165	165	11
166	166	12
167	167	13
168	168	14
169	169	15
170	170	16
171	171	17
172	172	18
173	173	19
174	174	20
175	175	21
176	176	22
177	177	23
178	178	24
179	179	25
180	180	26
181	181	27
182	182	28
183	183	29
184	184	30
185	185	31 Sixty-ninth
186	186	Legislative Assembly
187	187	2.The state water commission may provide the funds necessary to construct thesethe
188	188	projects authorized under subsection 1 from money appropriated to the state water
189	189	commission from the resources trust fund or by issuing bonds in an amount not to
190	190	exceed sixty million dollars plus the costs of issuance of the bonds, capitalized
191	191	interest, and reasonably required reserves. The proceeds of any bonds issued under
192	192	the authority provided in this section are appropriated to the state water commission
193	193	for the purposes set forth in this section.
194	194	2.3.If the state water commission determines it is appropriate to do so, it may, in lieu of
195	195	issuing or in combination with the issuance of bonds pursuant to this section or section
196	196	61-02.1-01, for all or part of the state's cost share for the projects set forth in those
197	197	provisions, use funds appropriated to it from the resources trust fund.
198	198	SECTION 4. AMENDMENT. Section 61-16.1-09 of the North Dakota Century Code is
199	199	amended and reenacted as follows:
200	200	61-16.1-09. Powers of water resource board.
201	201	Each water resource board shall have the power and authority to:
202	202	1.Sue and be sued in the name of the district.
203	203	2.Exercise the power of eminent domain as follows:
204	204	a.Except as permitted under subdivision b, the board shall comply with title 32 for
205	205	the purpose of acquiring and securing by eminent domain any rights, titles,
206	206	interests, estates, or easements necessary or proper to carry out the duties
207	207	imposed by this chapter, and particularly to acquire the necessary rights in land
208	208	for the construction of dams, flood control projects, and other water conservation,
209	209	distribution, and supply works of any nature and to permit the flooding of lands,
210	210	and to secure the right of access to suchthe dams and other devices and the
211	211	right of public access to any waters impounded thereby.
212	212	b.(1)If the interest sought to be acquired is an easement for a right of way for any
213	213	project authorized in this chapter for which federal or state funds have been
214	214	made available, the district may acquire the right of way by quick take
215	215	eminent domain as authorized by section 16 of article I of the Constitution of
216	216	North Dakota, after the district attempts to purchase the easement for the
217	217	right of way by:
218	218	Page No. 4 25.0494.01000
219	219	1
220	220	2
221	221	3
222	222	4
223	223	5
224	224	6
225	225	7
226	226	8
227	227	9
228	228	10
229	229	11
230	230	12
231	231	13
232	232	14
233	233	15
234	234	16
235	235	17
236	236	18
237	237	19
238	238	20
239	239	21
240	240	22
241	241	23
242	242	24
243	243	25
244	244	26
245	245	27
246	246	28
247	247	29
248	248	30
249	249	31 Sixty-ninth
250	250	Legislative Assembly
251	251	(a)Conducting informal negotiations for not less than sixty days.; or
252	252	(b)If informal negotiations fail, the district shall engageengaging in formal
253	253	negotiations by:
254	254	[1]Sending the landowner an appraisal and written offer for just
255	255	compensation, which includes a specific description of the exact
256	256	location of the right of way, by certified mail or commercial
257	257	delivery requiring a signed receipt, and receiving the signed
258	258	receipt or documentation of constructive notice.
259	259	[2]Sending the landowner a written request for a meeting by
260	260	certified mail or commercial delivery requiring a signed receipt if
261	261	there is no agreement regarding compensation or no response to
262	262	the written offer within fifteen days of receipt, and receiving the
263	263	signed receipt or documentation of constructive notice.
264	264	[3]Sending the landowner a written notice, by certified mail or
265	265	commercial delivery requiring a signed receipt, of intent to take
266	266	possession of the right of way if there is no agreement regarding
267	267	compensation or no response to the written request for a
268	268	meeting within thirty days of receipt, and receiving the signed
269	269	receipt or documentation of constructive notice.
270	270	(2)Any written communication to the landowner must include contact
271	271	information for responding to the board and a description of the required
272	272	negotiation timeline.
273	273	(3)A district may not include or utilizeuse any reference to quick take eminent
274	274	domain during negotiations to acquire the necessary easement for a right of
275	275	way. If formal negotiation efforts fail, the district shall request approval from
276	276	the board of county commissioners of the county in which the right of way is
277	277	located to take possession of the right of way by quick take eminent domain.
278	278	After receiving the request, the county commissioners shall hold a public
279	279	meeting and give the landowner thirty days' notice of the meeting to allow
280	280	the landowner to attend. After receiving verification from the district that
281	281	there has been no reference or threat of quick take eminent domain by the
282	282	Page No. 5 25.0494.01000
283	283	1
284	284	2
285	285	3
286	286	4
287	287	5
288	288	6
289	289	7
290	290	8
291	291	9
292	292	10
293	293	11
294	294	12
295	295	13
296	296	14
297	297	15
298	298	16
299	299	17
300	300	18
301	301	19
302	302	20
303	303	21
304	304	22
305	305	23
306	306	24
307	307	25
308	308	26
309	309	27
310	310	28
311	311	29
312	312	30
313	313	31 Sixty-ninth
314	314	Legislative Assembly
315	315	district during negotiations, the commissioners shall vote on whether to
316	316	approve the taking of the easement for a right of way using quick take
317	317	eminent domain. If the county commissioners approve the use of quick take
318	318	eminent domain by a majority vote, the district may take immediate
319	319	possession of the right of way, but not a blanket easement, if the district files
320	320	an affidavit by the chairman of the water resource board which states the
321	321	district has fulfilled the required negotiation steps and deposits the amount
322	322	of the written offer with the clerk of the district court of the county in which
323	323	the right of way is located.
324	324	(4)Within thirty days after notice has been given in writing to the landowner by
325	325	the clerk of the district court that a deposit has been made for the taking of a
326	326	right of way as authorized in this subsection, the owner of the property taken
327	327	may appeal to the district court by serving a notice of appeal upon the
328	328	acquiring agency, and the matter must be tried at the next regular or special
329	329	term of court with a jury unless a jury beis waived, in the manner prescribed
330	330	for trials under chapter 32-15.
331	331	(5)If ownership of a right of way has not terminated, ownership of a right of way
332	332	acquired under this subdivision terminates automatically when the district no
333	333	longer needs the right of way for the purpose for which it was acquired.
334	334	3.Accept funds and property or other assistance, financial or otherwise, from federal,
335	335	state, and other public or private sources for the purposes of aiding the construction or
336	336	maintenance of water conservation, distribution, and flood control projects; and
337	337	cooperate and contract with the state or federal government, or any department or
338	338	agency thereof, or any municipality within the district, in furnishing assurances and
339	339	meeting local cooperation requirements of any project involving control, conservation,
340	340	distribution, and use of water.
341	341	4.Procure the services of engineers and other technical experts, and employ an attorney
342	342	to assist, advise, and act for it in its proceedings.
343	343	5.Plan, locate, relocate, construct, reconstruct, modify, maintain, repair, and control all
344	344	dams and water conservation and management devices of every nature and water
345	345	Page No. 6 25.0494.01000
346	346	1
347	347	2
348	348	3
349	349	4
350	350	5
351	351	6
352	352	7
353	353	8
354	354	9
355	355	10
356	356	11
357	357	12
358	358	13
359	359	14
360	360	15
361	361	16
362	362	17
363	363	18
364	364	19
365	365	20
366	366	21
367	367	22
368	368	23
369	369	24
370	370	25
371	371	26
372	372	27
373	373	28
374	374	29
375	375	30 Sixty-ninth
376	376	Legislative Assembly
377	377	channels, and to control and regulate the same and all reservoirs, artificial lakes, and
378	378	other water storage devices within the district.
379	379	6.Maintain and control the water levels and the flow of water in the bodies of water and
380	380	streams involved in water conservation and flood control projects within the district and
381	381	regulate streams, channels, drains, or watercourses and the flow of water in them by
382	382	changing, widening, deepening, straightening, or otherwise improving them; or by
383	383	cleaning out and repairing a drain.
384	384	7.Regulate and control water for the prevention of floods and flood damages by
385	385	deepening, widening, straightening, or diking the channels or floodplains of any stream
386	386	or watercourse within the district, and construct reservoirs or other structures to
387	387	impound and regulate suchthe waters.
388	388	8.Make rules and regulations concerning the management, control, regulation, and
389	389	conservation of waters and prevent the pollution, contamination, or other misuse of the
390	390	water resources, streams, or bodies of water included within the district.
391	391	9.Do all things reasonably necessary and proper to preserve the benefits to be derived
392	392	from the conservation, control, and regulation of the water resources of this state.
393	393	10.Construct, operate, and maintain recreational facilities, including beaches, swimming
394	394	areas, boat docking and landing facilities, toilets, wells, picnic tables, trash
395	395	receptacles, and parking areas, and to establish and enforce rules and regulations for
396	396	the use thereofof the recreational facilities.
397	397	11.Have, in addition to any powers provided in this chapter, the authority to construct an
398	398	assessment drain in accordance with the requirements of this chapter.
399	399	12.Acquire by lease, purchase, gift, condemnation, or other lawful means and to hold in
400	400	its corporate name for its use and control both real and personal property and
401	401	easements and rights of way within or without the limits of the district for all purposes
402	402	authorized by law or necessary to the exercise of any other stated power.
403	403	13.Convey, sell, dispose of, or lease personal and real property of the district as provided
404	404	by this chapter.
405	405	14.Authorize and issue warrants to finance construction of water conservation and flood
406	406	control projects, assess benefited property for part or all of the cost of suchthe
407	407	Page No. 7 25.0494.01000
408	408	1
409	409	2
410	410	3
411	411	4
412	412	5
413	413	6
414	414	7
415	415	8
416	416	9
417	417	10
418	418	11
419	419	12
420	420	13
421	421	14
422	422	15
423	423	16
424	424	17
425	425	18
426	426	19
427	427	20
428	428	21
429	429	22
430	430	23
431	431	24
432	432	25
433	433	26
434	434	27
435	435	28
436	436	29
437	437	30 Sixty-ninth
438	438	Legislative Assembly
439	439	projects, and require appropriations and tax levies to maintain sinking funds for
440	440	construction warrants on a cash basis at all times.
441	441	15.Borrow money within the limitations imposed by this chapter for projects herein
442	442	authorized under this chapter and pledge security for the repayment of suchthe loans.
443	443	16.Order or initiate appropriate legal action to compel the entity responsible for the
444	444	maintenance and repair of any bridge or culvert to remove from under, within, and
445	445	around suchthe bridge or culvert all dirt, rocks, weeds, brush, shrubbery, other debris,
446	446	and any artificial block whichthat hinders or decreases the flow of water through
447	447	suchthe bridge or culvert.
448	448	17.Order or initiate appropriate legal action to compel the cessation of the destruction of
449	449	native woodland bordering within two hundred feet [60.96 meters] of that portion of a
450	450	riverbank subject to overflow flooding that will cause extensive property damage, or in
451	451	the alternative, order, that, if suchthe destruction is permitted, the party or parties
452	452	responsible for the destruction must, when the board has determined that suchthe
453	453	destruction will cause excessive property damage from overflow flooding due to the
454	454	erosion or blocking of the river channel, plant a shelterbelt which meets the
455	455	specifications of the board. In the event the native woodland within suchthe area has
456	456	already been destroyed, the board may, in its discretion, order the planting of a
457	457	shelterbelt which, in the judgment of the board, will curtail the erosion or blocking of
458	458	suchthe river channel where overflow flooding has caused extensive property damage.
459	459	For purposes of this subsection, the words "riverbank" and "river channel" relate to
460	460	rivers as defined in the United States geological survey base map of North Dakota,
461	461	edition of 1963. The provisions of this subsection shallmay not be construed to limit,
462	462	impair, or abrogate the rights, powers, duties, or functions of any federal, state, or local
463	463	entity to construct and maintain any flood control, irrigation, recreational, or municipal
464	464	or industrial water supply project.
465	465	18.Petition any zoning authority established pursuant to chapter 11-33, 11-35, or 40-47 or
466	466	section 58-03-13 to assume jurisdiction over a floodplain for zoning purposes when
467	467	suchthe zoning is required to regulate and enforce the placement, erection,
468	468	construction, reconstruction, repair, and use of buildings and structures to protect and
469	469	promote the health, safety, and general welfare of the public within a floodplain area.
470	470	Page No. 8 25.0494.01000
471	471	1
472	472	2
473	473	3
474	474	4
475	475	5
476	476	6
477	477	7
478	478	8
479	479	9
480	480	10
481	481	11
482	482	12
483	483	13
484	484	14
485	485	15
486	486	16
487	487	17
488	488	18
489	489	19
490	490	20
491	491	21
492	492	22
493	493	23
494	494	24
495	495	25
496	496	26
497	497	27
498	498	28
499	499	29
500	500	30
501	501	31 Sixty-ninth
502	502	Legislative Assembly
503	503	In the event suchthe zoning authority fails to act or does not exist, the board may
504	504	request the state water commission to assist itthe board in a study to determine and
505	505	delineate the floodplain area. Upon completion of suchthe study, the board shall make
506	506	suitable recommendations for the establishment of a floodplain zone to all zoning
507	507	authorities and the governing bodies of all political subdivisions having jurisdiction
508	508	within the floodplain area.
509	509	19.Plan, locate, relocate, construct, reconstruct, modify, extend, improve, operate,
510	510	maintain, and repair sanitary and storm sewer systems, or combinations thereof,
511	511	including sewage and water treatment plants, and regulate the quantity of sewage
512	512	effluent discharged from municipal lagoons; and contract with the United States
513	513	government, or any department or agency thereofof the United States government, or
514	514	any private or public corporation or limited liability company, the government of this
515	515	state, or any department, agency, or political subdivision thereof, or any municipality or
516	516	person with respect to any such systems.
517	517	20.Develop water supply systems, store and transport water, and provide, contract for,
518	518	and furnish water service for domestic, municipal, and rural water purposes, irrigation,
519	519	milling, manufacturing, mining, metallurgical, and any and all other beneficial uses,
520	520	and fix the terms and rates therefor. Each district may acquire, construct, operate, and
521	521	maintain dams, reservoirs, ground water storage areas, canals, conduits, pipelines,
522	522	tunnels, and any and all works, facilities, improvements, and property necessary
523	523	therefor.
524	524	21.Coordinate proposals for installation, modification, or construction of culverts and
525	525	bridges in an effort to achieve appropriate sizing and maximum consistency of road
526	526	openings. The department of transportation, railroads, counties, and townships shall
527	527	cooperate with the districts in this effort. Each district shall also shall consider the
528	528	possibility of incorporating appropriate water control structures, where appropriate, as
529	529	a part of suchthe road openings.
530	530	22.Plug abandoned water wells and participate in cost-sharing arrangements with water
531	531	well owners to plug water wells to protect aquifers from pollution or depletion, maintain
532	532	pressure, and prevent damage to surrounding property.
533	533	Page No. 9 25.0494.01000
534	534	1
535	535	2
536	536	3
537	537	4
538	538	5
539	539	6
540	540	7
541	541	8
542	542	9
543	543	10
544	544	11
545	545	12
546	546	13
547	547	14
548	548	15
549	549	16
550	550	17
551	551	18
552	552	19
553	553	20
554	554	21
555	555	22
556	556	23
557	557	24
558	558	25
559	559	26
560	560	27
561	561	28
562	562	29
563	563	30 Sixty-ninth
564	564	Legislative Assembly
565	565	23.Have, in addition to any powers provided in this chapter, the authority to conduct
566	566	weather modification operations in accordance with the procedures and provisions of
567	567	chapter 61-04.1.
568	568	24.Establish, deepen, widen, and improve drains; and extend drains as necessary to
569	569	provide a suitable outlet or reasonably drain lands within a practical drainage area.
570	570	25.24.Install artificial subsurface drainage systems.
571	571	SECTION 5. A new section to chapter 61-01 of the North Dakota Century Code is created
572	572	and enacted as follows:
573	573	Weather modification prohibited - Penalty.
574	574	1.It is a class B misdemeanor for a person to perform or contract for the performance of
575	575	weather modification in the state.
576	576	2.As used in this section "weather modification" means and extends to the control,
577	577	alteration, and amelioration of weather elements, including human-caused changes in
578	578	the natural precipitation process, hail suppression or modification, and alteration of
579	579	other weather phenomena, including clouds, temperature, wind direction, and velocity,
580	580	and the initiating, increasing, decreasing, and otherwise modifying by artificial methods
581	581	of precipitation in the form of rain, snow, hail, mist, or fog through cloud seeding,
582	582	electrification, or by other means to provide immediate practical benefits.
583	583	SECTION 6. REPEAL. Section 37-17.1-15 and Chapter 61-04.1 of the North Dakota
584	584	Century Code are repealed.
585	585	Page No. 10 25.0494.01000
586	586	1
587	587	2
588	588	3
589	589	4
590	590	5
591	591	6
592	592	7
593	593	8
594	594	9
595	595	10
596	596	11
597	597	12
598	598	13
599	599	14
600	600	15
601	601	16
602	602	17
603	603	18
604	604	19
605	605	20