Sixty-ninth Legislative Assembly of North Dakota
In Regular Session Commencing Tuesday, January 7, 2025
SENATE BILL NO. 2276
(Senator Luick)
AN ACT to amend and reenact sections 61-16.1-11, 61-16.1-15.1, and 61-16.1-59 of the North Dakota
Century Code, relating to the joint exercise of powers of joint water resource boards, mandating
the formation of joint water resource boards for projects affecting two or more counties, and
proceedings to confirm special actions.
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
SECTION 1. AMENDMENT. Section 61-16.1-11 of the North Dakota Century Code is amended and
reenacted as follows:
61-16.1-11. Joint exercise of powers. (Retroactive application - See note)
1.Two or more districts may, by agreement, jointly or cooperatively exercise any power which is
authorized a board by this title. The agreement shall state its purpose and the powers to be
exercised, and shall provide for the method by which the power or powers shall be exercised.
When the agreement provides for the use of a joint water resource board, the joint board shall
be representative of the boards which are parties to the agreement. Notwithstanding other
provisions of law, the agreement may specify the number, composition, terms, or qualifications
of the members of the joint board. However, the joint board must consist of an equal number
of members from each district comprising the joint board. A joint board created under this
section is a political subdivision of the state.
2.The districts which are parties to such an agreement may provide for disbursements from their
individual budgets to carry out the purpose of the agreement. In addition, a joint board
established pursuant to this section may adopt, by resolution, on or before July first of each
year, a budget showing estimated expenses for the ensuing fiscal year and the proposed
contributions of each member district as determined by the agreement. The boards of the
member districts then shall levy by resolution a tax not to exceed two mills upon the taxable
valuation of the real property within each district within the river basin or region subject to the
joint agreement. The levy may be in excess of any other levy authorized for a district.
3.The proceeds of one-half of this levy shall be credited to the joint board's administrative fund
and shall be used for regulatory activities and for the construction and maintenance of projects
of common benefit to the member districts. The remainder shall be credited to the construction
funds of the joint board and shall be used for the construction and maintenance of projects of
common benefit to more than one district.
4.Funds may be paid to and disbursed by the joint board as agreed upon, but the method of
disbursement shall agree as far as practicable with the method provided by law for the
disbursement of funds by individual districts. Contracts let and purchases made under the
agreements shall conform to the requirements applicable to contracts and purchases by
individual districts. The joint board shall be accountable for all funds and reports of all receipts
and disbursements to the state water commission in a manner prescribed by the commission.
5.The agreement may be continued for a definite term or until rescinded or terminated in
accordance with its terms. The agreement shall provide for the disposition of any property
required as the result of a joint or cooperative exercise of powers, and the return of any
surplus moneys in proportion to contributions of the several contracting districts after the
purpose of the agreement has been completed. S. B. NO. 2276 - PAGE 2
6.Residence requirements for holding office in a district shall not apply to any officer appointed
to carry out any agreement.
7.This section does not dispense with procedural requirements of any other statute providing for
the joint or cooperative exercise of any governmental power.
8.All districts within the Red River, James River, Mouse River, Missouri River, and Devils Lake
drainage basins shall, by agreement, form and remain a member of a joint water resource
board relative to the district's respective drainage basin. All agreements and subsequent
amendments must be filed with the department of water resources. Notwithstanding other
provisions of law, the board of county commissioners of the member districts in the Red River,
James River, Mouse River, Missouri River, and Devils Lake drainage basins may approve a
levy of tax not to exceed two mills upon the taxable valuation of the real property within each
joint board's respective drainage basin.
SECTION 2. AMENDMENT. Section 61-16.1-15.1 of the North Dakota Century Code is amended
and reenacted as follows:
61-16.1-15.1. Projects or benefits in more than one county.
1.TheBefore constructing a project and before assessing the lands or premises for a project
located in or benefiting more than one county, the districts from two or more counties may
agree to jointly construct or assign benefits and assessments for a project. Two or more
districts shall create a joint board under section 61-16.1-11 before constructing a project and
before assessing the lands or premises for a project that benefits or is located in more than
one county. If the districts do not agree to undertake a joint project, a district may undertake
the project by providing notice to the joint board where the project is located, in either the
Red River, James River, Mouse River, Missouri River, or Devils Lake drainage basin, together
with the engineer's report required under section 61-16.1-17.
2.If the joint board or district finds the project is necessary, and the benefits of the project will
exceed the costs, the joint board or district shall proceed with the procedures in sections
61-16.1-15 through 61-16.1-36 regarding:
a.The creation, construction, alteration, repair, operation, and maintenance of a project and
an assessment district;
b.The determination and levy of assessments against property benefited by the project;
and
c.The special warrants issued pursuant to this chapter.
3.If the assessment vote is successful, the joint board or district shall construct, own, operate,
and maintain the project. The joint board or district shall administer the corresponding
assessment district for the project in accordance with this chapter and shall direct the county
auditor of each county within the assessment district to levy assessments. Each county
auditor shall levy assessments as determined by the joint board.
4.If a district conducts a reassessment of benefits under this chapter for an existing project and
concludes property in another county benefits from the project, the district shall notify the other
district of the requirement to form a joint board. If the district refuses to form a joint board, the
district shall proceed with the reassessment and include the property in the project
assessment district. Affected landowners subject to assessments may appeal the
reassessment determination in accordance with this chapter. After the expiration of applicable
appeal periods under this chapter, the district shall direct the county auditor of each county
within the assessment district to levy assessments. Each county auditor shall levy
assessments as determined by the joint board. S. B. NO. 2276 - PAGE 3
5.If a county auditor refuses to levy assessments as directed by a joint board or a district, the
joint board or district may seek a writ of mandamus under chapter 32 - 34 from the district court
of the county in which the benefited property is located. If the joint board or district prevails,
the district court shall award costs and reasonable attorneys' fees to the joint board or district
seeking the writ of mandamus.
6.If the members of the joint board cannot agree about the necessity of a project, the process to
undertake an approved project, or the procedure to assess benefits, the joint board shall
request assistance from the North Dakota mediation service to resolve grievances arising from
the conflict. After receiving the request, the North Dakota mediation service shall assist the
members of the joint board to mediate the conflict. The North Dakota mediation service shall
issue a proposed mediation agreement within thirty days of completing the mediation. Each
member of the joint board shall participate in good faith in the mediation.
7.If the proposed mediation agreement is not agreed to by a majority of the members of a joint
board, a member of the joint board may file an appeal with the department of water resources
to issue a determination to resolve the conflict. The appealing party must file the appeal within
thirty days of the issuance of the proposed mediation agreement under subsection 6. Within
sixty days of receipt of the appeal, the department of water resources shall review and
investigate the complaint and issue its determination. A hearing held by the department of
water resources under this section is a prerequisite to issuing a determination under this
subsection.
8.If the determination issued by the department of water resources is not agreed to by a majority
of the members of a joint board, a member of the joint board may appeal the decision of the
department of water resources to the appropriate district court under chapter 28 - 32. A hearing
held by the department of water resources under this section is a prerequisite to filing an
appeal with the district court.
SECTION 3. AMENDMENT. Section 61-16.1-59 of the North Dakota Century Code is amended and
reenacted as follows:
61-16.1-59. Proceedings to confirm contracts, special assessments, and other acts.
Any water resource board, before making anyBefore a water resource board enters a contract, or
before levyinglevies special assessments, or issuingissues special assessment warrants, or before
takingtakes any special action, or if a water resource board in a common river basin does not agree to
meet or cooperate in good faith as required under section 61 - 16.1 - 15.1, a water resource board may
commence a special proceeding in district court by which the proceeding leading up to the making of
sucha contract, levying special assessments, issuing special assessment warrants, or leading up to any
other special action, including a request to cooperate under section 61 - 16.1 - 15.1, shall be judicially
examined, approved, and confirmed. SuchThe court may award reasonable attorneys' fees and costs if
a water resource board fails to cooperate or act in good faith under section 61 - 16.1 - 15.1. Any judicial
proceedingsproceeding commenced under this section shall comply substantially with the procedure
required in the case of judicial confirmation of proceedings, acts, and contracts of an irrigation district. S. B. NO. 2276 - PAGE 4
____________________________ ____________________________
President of the Senate Speaker of the House
____________________________ ____________________________
Secretary of the Senate Chief Clerk of the House
This certifies that the within bill originated in the Senate of the Sixty-ninth Legislative Assembly of North
Dakota and is known on the records of that body as Senate Bill No. 2276.
Senate Vote:Yeas 47 Nays 0 Absent 0
House Vote: Yeas 90 Nays 1 Absent 3
____________________________
Secretary of the Senate
Received by the Governor at ________M. on _____________________________________, 2025.
Approved at ________M. on __________________________________________________, 2025.
____________________________
Governor
Filed in this office this ___________day of _______________________________________, 2025,
at ________ o’clock ________M.
____________________________
Secretary of State