§ 61-13-02 — Powers of corporations and limited liability companies organized under chapter

North Dakota § 61-13-02

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-13: Organization of Corporations for Irrigation Purposes

Text

chapter.
A corporation or limited liability company organized for irrigation purposes may:
1. Engage in any corporate activity not otherwise prohibited by law and not inconsistent
with the purposes mentioned in section 61-13-01.
2. Acquire water rights, easements, sites, and all means, property, machinery, and
equipment necessary or required in connection with the operation and maintenance of
an irrigation system.
3. Establish, construct, maintain, and operate pumping plants, wells, pipelines, canals,
and ditches and all other necessary facilities required for the appropriation of water
and the operation and maintenance of an irrigation system.
4. Borrow money in an amount, whether in excess of the amount of its capital stock or
membership interests or not, necessary to enable it to carry out the intent and
purposes for which it is organized, and as security for the payment of any loan, to
pledge or mortgage real or personal property acquired by the proceeds of such loan,
or otherwise, including future earnings or income of the corporation or limited liability
company.
5. Acquire, purchase, or lease water rights, franchises, and irrigation works and facilities,
or any part thereof, from any person, firm, corporation, limited liability company, or
irrigation district, and from any state or federal agency.
6. Furnish water for irrigation or domestic use, to its members or stockholders, and to
furnish and sell water to any person, firm, corporation, or limited liability company.
7. Adopt bylaws and rules for the furnishing of water, and for charges to be made
therefor.
8. Levy assessments against its members or stockholders necessary for the
maintenance and operation of the irrigation system, if one is established and
maintained.
9. Fix rates of tolls and charges for water, to collect the same, to require that charges for
water be paid in advance of the irrigation season, to suspend the delivery of water to
any land for the irrigation of which the charges and tolls have not been paid, and to
provide for the suspension of water delivery to any land upon which assessments,
apportioned and levied, remain unpaid for one year after having become due and
payable.
10. Enter into contracts with any person, firm, association, corporation, limited liability
company, irrigation district, this state, or any department or agency thereof, or the
United States, or with any department or agency of the United States, for supplying
water for the irrigation of the lands of its members or stockholders. Such supply of
water may be either the entire supply of water necessary to irrigate said lands or to
supplement waters supplied or controlled by the corporation or limited liability
company.
11. Do each and every thing necessary, suitable, or proper for the accomplishment of any
one or more of the objects enumerated in this section, and to exercise and possess all
powers, rights, and privileges necessary or incidental to the purposes for which the
corporation or limited liability company is organized, or to the activities in which it is
engaged.

12. Exercise any other rights, powers, and privileges not inconsistent with the purposes of
this chapter granted by this state to ordinary corporations or limited liability companies
or to mutual aid corporations organized under chapter 10-12.