§ 61-02-68.18 — Protection of service during term of guarantee or loan

North Dakota § 61-02-68.18

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-02: Water Commission

Text

1. The service provided or made available by owners of water projects through the
construction or acquisition of an improvement, or the improvement revenues, financed
in whole or in part with a guarantee or loan to the owners of water projects from the
commission or any other state entity, may not be curtailed or limited by inclusion of all
or any part of the area served by the owners of water projects within the boundaries of
any other owners of water projects, or by the granting of any private franchise for
similar service within the area served by the owners of water projects, during the term
of the guarantee or loan. The owners of water projects providing the service may not
be required to obtain or secure a franchise, license, or permit as a condition of
continuing to serve the area if it is included within the boundaries of another owner of a
water project during the term of the guarantee or loan.

2. Under the circumstances described in subsection 1, nothing prevents the two owners
of water projects and the commission or other state entity from negotiating an
agreement for the right or obligation to provide the service in question, provided that
an agreement is invalid unless the commission or other state agency or enterprise is a
party to the agreement and unless the agreement contains adequate safeguards to
ensure the security and timely payment of any outstanding notes of the commission
issued to fund the loan.