ND
North Dakota Senate Bill SB2276

North Dakota 2025-2026 Regular Session

North Dakota Senate Bill SB2276 Compare Versions

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22 Sixty-ninth
33 Legislative Assembly
44 of North Dakota
55 Introduced by
66 Senator Luick
7-A BILL for an Act to amend and reenact sections 61-16.1-11, 61-16.1-15.1, and 61-16.1-59 of
8-the North Dakota Century Code, relating to the joint exercise of powers of joint water resource
9-boards, mandating the formation of joint water resource boards for projects affecting two or
10-more counties, and proceedings to confirm special actions.
7+A BILL for an Act to amend and reenact section 61-16.1-15.1 of the North Dakota Century
8+Code, relating to mandating the formation of joint water resource boards for projects affecting
9+two or more counties.
1110 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
12-SECTION 1. AMENDMENT. Section 61-16.1-11 of the North Dakota Century Code is
11+SECTION 1. AMENDMENT. Section 61-16.1-15.1 of the North Dakota Century Code is
1312 amended and reenacted as follows:
14-61-16.1-11. Joint exercise of powers. (Retroactive application - See note)
15-1.Two or more districts may, by agreement, jointly or cooperatively exercise any power
16-which is authorized a board by this title. The agreement shall state its purpose and the
17-powers to be exercised, and shall provide for the method by which the power or
18-powers shall be exercised. When the agreement provides for the use of a joint water
19-resource board, the joint board shall be representative of the boards which are parties
20-to the agreement. Notwithstanding other provisions of law, the agreement may specify
21-the number, composition, terms, or qualifications of the members of the joint board.
22-However, the joint board must consist of an equal number of members from each
23-district comprising the joint board. A joint board created under this section is a political
24-subdivision of the state.
25-2.The districts which are parties to such an agreement may provide for disbursements
26-from their individual budgets to carry out the purpose of the agreement. In addition, a
27-joint board established pursuant to this section may adopt, by resolution, on or before
28-July first of each year, a budget showing estimated expenses for the ensuing fiscal
29-Page No. 1 25.1260.02000
13+61-16.1-15.1. Projects or benefits in more than one county.
14+1.The districts from two or more counties may agree toshall jointly construct or assign
15+benefits and assessments for a project. Two or more districts shall create a joint board
16+under section 61-16.1-11 before constructing a project and before assessing the lands
17+or premises for a project that benefits or is located in more than one county. The joint
18+board may exercise all powers afforded to a water resource board under section
19+61 - 16.1 - 09. If the districts do not agree to undertake a joint project, a district may
20+undertake the project by providing notice to the joint board where the project is
21+located, in either the Red River, James River, Mouse River, Missouri River, or Devils
22+LakeCannon Ball - Heart - Knife Rivers, Devils Lake - Sheyenne River, Grand
23+River - Moreau River, James River, Lake Oahe, Lake Sakakawea, Little Missouri River,
24+Lower Red River, Lower Yellowstone, Missouri - Poplar River, Mouse River, and Upper
25+Red River major drainage basin, as mapped by the department of water resources,
26+together with the engineer's report required under section 61-16.1-17.
27+2.If the joint board finds the project is necessary, and the benefits of the project will
28+exceed the costs, the joint board shall proceed with the procedures in sections
29+61-16.1-15 through 61-16.1-36 regarding:
30+Page No. 1 25.1260.01000
3031 SENATE BILL NO. 2276
31-SENATE BILL NO. 2276
32-with House Amendments
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54-22 Sixty-ninth
55-Legislative Assembly
56-year and the proposed contributions of each member district as determined by the
57-agreement. The boards of the member districts then shall levy by resolution a tax not
58-to exceed two mills upon the taxable valuation of the real property within each district
59-within the river basin or region subject to the joint agreement. The levy may be in
60-excess of any other levy authorized for a district.
61-3.The proceeds of one-half of this levy shall be credited to the joint board's
62-administrative fund and shall be used for regulatory activities and for the construction
63-and maintenance of projects of common benefit to the member districts. The
64-remainder shall be credited to the construction funds of the joint board and shall be
65-used for the construction and maintenance of projects of common benefit to more than
66-one district.
67-4.Funds may be paid to and disbursed by the joint board as agreed upon, but the
68-method of disbursement shall agree as far as practicable with the method provided by
69-law for the disbursement of funds by individual districts. Contracts let and purchases
70-made under the agreements shall conform to the requirements applicable to contracts
71-and purchases by individual districts. The joint board shall be accountable for all funds
72-and reports of all receipts and disbursements to the state water commission in a
73-manner prescribed by the commission.
74-5.The agreement may be continued for a definite term or until rescinded or terminated in
75-accordance with its terms. The agreement shall provide for the disposition of any
76-property required as the result of a joint or cooperative exercise of powers, and the
77-return of any surplus moneys in proportion to contributions of the several contracting
78-districts after the purpose of the agreement has been completed.
79-6.Residence requirements for holding office in a district shall not apply to any officer
80-appointed to carry out any agreement.
81-7.This section does not dispense with procedural requirements of any other statute
82-providing for the joint or cooperative exercise of any governmental power.
83-8.All districts within the Red River, James River, Mouse River, Missouri River, and Devils
84-Lake drainage basins shall, by agreement, form and remain a member of a joint water
85-resource board relative to the district's respective drainage basin. All agreements and
86-subsequent amendments must be filed with the department of water resources.
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118-31 Sixty-ninth
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11956 Legislative Assembly
120-Notwithstanding other provisions of law, the board of county commissioners of the
121-member districts in the Red River, James River, Mouse River, Missouri River, and
122-Devils Lake drainage basins may approve a levy of tax not to exceed two mills upon
123-the taxable valuation of the real property within each joint board's respective drainage
124-basin.
125-SECTION 2. AMENDMENT. Section 61-16.1-15.1 of the North Dakota Century Code is
126-amended and reenacted as follows:
127-61-16.1-15.1. Projects or benefits in more than one county.
128-1.TheBefore constructing a project and before assessing the lands or premises for a
129-project located in or benefiting more than one county, the districts from two or more
130-counties may agree to jointly construct or assign benefits and assessments for a
131-project. Two or more districts shall create a joint board under section 61-16.1-11
132-before constructing a project and before assessing the lands or premises for a project
133-that benefits or is located in more than one county. If the districts do not agree to
134-undertake a joint project, a district may undertake the project by providing notice to the
135-joint board where the project is located, in either the Red River, James River, Mouse
136-River, Missouri River, or Devils Lake drainage basin, together with the engineer's
137-report required under section 61-16.1-17.
138-2.If the joint board or district finds the project is necessary, and the benefits of the
139-project will exceed the costs, the joint board or district shall proceed with the
140-procedures in sections 61-16.1-15 through 61-16.1-36 regarding:
14157 a.The creation, construction, alteration, repair, operation, and maintenance of a
14258 project and an assessment district;
14359 b.The determination and levy of assessments against property benefited by the
14460 project; and
14561 c.The special warrants issued pursuant to this chapter.
146-3.If the assessment vote is successful, the joint board or district shall construct, own,
147-operate, and maintain the project. The joint board or district shall administer the
148-corresponding assessment district for the project in accordance with this chapter and
149-shall direct the county auditor of each county within the assessment district to levy
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62+3.If the assessment vote is successful, the joint board shall construct, own, operate, and
63+maintain the project. The joint board shall administer the corresponding assessment
64+district for the project in accordance with this chapter.
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182-assessments. Each county auditor shall levy assessments as determined by the joint
183-board.
184-4.If a district conducts a reassessment of benefits under this chapter for an existing
185-project and concludes property in another county benefits from the project, the district
186-shall notify the other district of the requirement to form a joint board. If the district
187-refuses to form a joint board, the district shall proceed with the reassessment and
188-include the property in the project assessment district. Affected landowners subject to
189-assessments may appeal the reassessment determination in accordance with this
190-chapter. After the expiration of applicable appeal periods under this chapter, the district
191-shall direct the county auditor of each county within the assessment district to levy
192-assessments. Each county auditor shall levy assessments as determined by the joint
193-board.
194-5.If a county auditor refuses to levy assessments as directed by a joint board or a
195-district, the joint board or district may seek a writ of mandamus under chapter 32 - 34
196-from the district court of the county in which the benefited property is located. If the
197-joint board or district prevails, the district court shall award costs and reasonable
198-attorneys' fees to the joint board or district seeking the writ of mandamus.
199-6.If the members of the joint board cannot agree about the necessity of a project, the
200-process to undertake an approved project, or the procedure to assess benefits, the
201-joint board shall request assistance from the North Dakota mediation service to
202-resolve grievances arising from the conflict. After receiving the request, the North
203-Dakota mediation service shall assist the members of the joint board to mediate the
204-conflict. The North Dakota mediation service shall issue a proposed mediation
205-agreement within thirty days of completing the mediation. Each member of the joint
206-board shall participate in good faith in the mediation.
207-7.If the proposed mediation agreement is not agreed to by a majority of the members of
208-a joint board, a member of the joint board may file an appeal with the department of
209-water resources to issue a determination to resolve the conflict. The appealing party
210-must file the appeal within thirty days of the issuance of the proposed mediation
211-agreement under subsection 6. Within sixty days of receipt of the appeal, the
212-department of water resources shall review and investigate the complaint and issue its
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246-determination. A hearing held by the department of water resources under this section
247-is a prerequisite to issuing a determination under this subsection.
248-8.If the determination issued by the department of water resources is not agreed to by a
249-majority of the members of a joint board, a member of the joint board may appeal the
250-decision of the department of water resources to the appropriate district court under
251-chapter 28 - 32. A hearing held by the department of water resources under this section
252-is a prerequisite to filing an appeal with the district court.
253-SECTION 3. AMENDMENT. Section 61-16.1-59 of the North Dakota Century Code is
254-amended and reenacted as follows:
255-61-16.1-59. Proceedings to confirm contracts, special assessments, and other acts.
256-Any water resource board, before making anyBefore a water resource board enters a
257-contract, or before levyinglevies special assessments, or issuingissues special assessment
258-warrants, or before takingtakes any special action, or if a water resource board in a common
259-river basin does not agree to meet or cooperate in good faith as required under section
260-61 - 16.1 - 15.1, a water resource board may commence a special proceeding in district court by
261-which the proceeding leading up to the making of sucha contract, levying special assessments,
262-issuing special assessment warrants, or leading up to any other special action, including a
263-request to cooperate under section 61 - 16.1 - 15.1, shall be judicially examined, approved, and
264-confirmed. SuchThe court may award reasonable attorneys' fees and costs if a water resource
265-board fails to cooperate or act in good faith under section 61 - 16.1 - 15.1. Any judicial
266-proceedingsproceeding commenced under this section shall comply substantially with the
267-procedure required in the case of judicial confirmation of proceedings, acts, and contracts of an
268-irrigation district.
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