25.0494.01000
Sixty-ninth
Legislative Assembly
of North Dakota
Introduced by
Senator Beard
A BILL for an Act to create and enact a new section to chapter 61-01 of the North Dakota
Century Code, relating to weather modification operations in the state; to amend and reenact
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
North Dakota Century Code, relating to weather modification; to repeal section 37-17.1-15 and
chapter 61-04.1 of the North Dakota Century Code, relating to weather modification; and to
provide a penalty.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Subsection 1 of section 37-17.1-11 of the North Dakota
Century Code is amended and reenacted as follows:
1.In addition to disaster or emergency mitigation measures as included in the state and
local disaster or emergency operational plans, the governor shall consider, on a
continuing basis, steps that couldmay be taken to mitigate or reduce the harmful
consequences of disasters or emergencies. At the governor's direction, and pursuant
to any other authority and capability they haveof state agencies, state agencies
charged with responsibilities in connection with floodplain management, stream
encroachment and flow regulation, weather modification, fire prevention and control,
air quality, public works, land use and land use planning, and construction standards,
shall make studies of disaster or emergency mitigation-related matters. The governor,
from time to time, periodically shall make recommendations to the legislative
assembly, local governments, and other appropriate public and private entities as may
facilitate measures for mitigation or reduction of the harmful consequences of
disasters or emergencies.
SECTION 2. AMENDMENT. Section 58-03-07 of the North Dakota Century Code is
amended and reenacted as follows:
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SENATE BILL NO. 2106
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58-03-07. Powers of electors.
The electors of each township have the power at the annual township meeting to:
1.To establishEstablish one or more pounds within the township, to determine the
location of the pounds, to determine the number of poundmasters and to choose the
poundmasters, and to discontinue pounds which have been established.
2.To selectSelect the township officers required to be chosen.
3.To directDirect the institution or defense of actions in all controversies in which the
township is interested.
4.To directDirect the raising of suchthe sums as they may deemdeemed necessary to
prosecute or defend actions in which the township is interested.
5.To makeMake all rules and regulations for the impounding of animals.
6.To make suchMake bylaws, rules, and regulations as may be deemed necessary to
carry into effect the powers granted to the township.
7.To imposeImpose penalties for each offense on persons offending against any rule or
regulation established by the township.
8.To applyApply penalties when collected in suchthe manner as they deemdeemed most
conducive to the interests of the township.
9.To ratifyRatify or reject recommendations offered by the board of township supervisors
for the expenditure of funds for the purpose of purchasing building sites and for the
purchase, location, erection, or removal of any building or erection for township
purposes. NoA recommendation shallmay not be adopted except by a two-thirds vote
of the electors present and voting at any annual township meeting.
10.To authorizeAuthorize and empower the board of township supervisors to purchase
liquids, compounds, or other ingredients for the destruction of noxious weeds, and
sprinklers to be used in spraying saidthe liquids or compounds. NoA township
shallmay not purchase more than two such sprinklers in any one year.
11.To authorizeAuthorize aid to a district fair association within the limits provided in
title 4.
12.To authorizeAuthorize the levy of township taxes for the repair and construction of
roads and bridges and for other township charges and expenses within the limits
prescribed in title 57.
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13.To directDirect the expenditure of funds raised for the repair and construction of roads
within the limits provided in title 24.
14.To authorizeAuthorize the dissolution of the township in the manner provided in this
title.
15.To authorize theAuthorize entering into a contract for fire protection as provided for in
section 18-06-10.
16.To authorizeAuthorize the expenditure of funds for the eradication of gophers, prairie
dogs, crows, or magpies.
17.To authorize the expenditure of township funds for weather modification activities.
18.To authorizeAuthorize the expenditure of funds to pay membership fees in county,
state, and national associations of township governments. This subsection may not be
construed to authorize a mill levy.
19.18.To supportSupport an airport or to support or create an airport authority and to levy a
tax for airport purposes within the limitations of section 2-06-15.
20.19.To directDirect the transfer of township funds to a rural fire protection district or rural
fire department for fire protection within the township.
21.20.To directDirect the transfer of township funds to a rural ambulance service district for
emergency medical service within the township.
22.21.To establishEstablish special assessment districts in accordance with chapter 58-18.
SECTION 3. AMENDMENT. Section 61-02.1-02.1 of the North Dakota Century Code is
amended and reenacted as follows:
61-02.1-02.1. Funding - Statewide water development projects - Bond issuance
amount.
1.The priorities for the statewide water development program must be authorized and
declared in the public interest. These priorities include municipal,:
a.Municipal, rural, and industrial projects; irrigation
b.Irrigation projects; general
c.General water management projects, including rural flood control, snagging and
clearing, channel improvement, recreation, and planning studies; flood and
d.Flood control projects; and weather modification projects, which are authorized
and declared to be in the public interest.
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2.The state water commission may provide the funds necessary to construct thesethe
projects authorized under subsection 1 from money appropriated to the state water
commission from the resources trust fund or by issuing bonds in an amount not to
exceed sixty million dollars plus the costs of issuance of the bonds, capitalized
interest, and reasonably required reserves. The proceeds of any bonds issued under
the authority provided in this section are appropriated to the state water commission
for the purposes set forth in this section.
2.3.If the state water commission determines it is appropriate to do so, it may, in lieu of
issuing or in combination with the issuance of bonds pursuant to this section or section
61-02.1-01, for all or part of the state's cost share for the projects set forth in those
provisions, use funds appropriated to it from the resources trust fund.
SECTION 4. AMENDMENT. Section 61-16.1-09 of the North Dakota Century Code is
amended and reenacted as follows:
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 suchthe 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:
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(a)Conducting informal negotiations for not less than sixty days.; or
(b)If informal negotiations fail, the district shall engageengaging 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 utilizeuse 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
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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 beis 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
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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 suchthe 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 thereofof the recreational facilities.
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 suchthe
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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 under this chapter and pledge security for the repayment of suchthe 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 suchthe bridge or culvert all dirt, rocks, weeds, brush, shrubbery, other debris,
and any artificial block whichthat hinders or decreases the flow of water through
suchthe 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 suchthe destruction is permitted, the party or parties
responsible for the destruction must, when the board has determined that suchthe
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 suchthe 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
suchthe 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 shallmay 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
suchthe 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.
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In the event suchthe zoning authority fails to act or does not exist, the board may
request the state water commission to assist itthe board in a study to determine and
delineate the floodplain area. Upon completion of suchthe 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 thereofof the United States government, 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 shall consider the
possibility of incorporating appropriate water control structures, where appropriate, as
a part of suchthe 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.
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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.
25.24.Install artificial subsurface drainage systems.
SECTION 5. A new section to chapter 61-01 of the North Dakota Century Code is created
and enacted as follows:
Weather modification prohibited - Penalty.
1.It is a class B misdemeanor for a person to perform or contract for the performance of
weather modification in the state.
2.As used in this section "weather modification" means and extends to the control,
alteration, and amelioration of weather elements, including human-caused changes in
the natural precipitation process, hail suppression or modification, and alteration of
other weather phenomena, including clouds, temperature, wind direction, and velocity,
and the initiating, increasing, decreasing, and otherwise modifying by artificial methods
of precipitation in the form of rain, snow, hail, mist, or fog through cloud seeding,
electrification, or by other means to provide immediate practical benefits.
SECTION 6. REPEAL. Section 37-17.1-15 and Chapter 61-04.1 of the North Dakota
Century Code are repealed.
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