§ 61-16-06.1 — Consolidation of water resource districts

North Dakota § 61-16-06.1

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-16: Creation of Water Resource Districts - Boards

Text

1. Any two or more water resource districts may be consolidated into a single district, or
existing districts may be adjusted to reflect watershed boundaries, as determined by
the department of water resources, by filing with the state water commission a petition
signed by a majority of the members of the board of each of the districts or fifty percent
or more of the landowners within each of the districts.
When the petition is filed by the district boards, it must be accompanied by a certified
copy of the resolution of the governing boards authorizing the signing of the petition.
The petition must contain a detailed plan for the disposition of the property, assets, and
liabilities of each of the districts. This plan must be as equitable as practicable to every
landowner within the districts and must fully protect creditors and the holders of
improvement warrants of the petitioning districts. The plan may provide for a
continuance of assessments upon properties in the petitioning districts to retire
outstanding obligations, or for the assumption of outstanding obligations and the
spreading of assessments for the payment of the outstanding obligations over
properties in the newly created district. The state water commission may not approve
the petition unless the petition fully meets the requirements of this section.
2. The state water commission shall fix a time and place for a public hearing on a petition
filed under this section at a site convenient and accessible for a majority of the affected
individuals. At least fifteen days prior to the date of hearing, the commission shall
publish notice of the hearing in at least one newspaper of general circulation in each of
the districts being consolidated or adjusted. Additional notice of the hearing may be
given in a manner prescribed by the state water commission.

3. Prior to the hearing, the department of water resources shall make, or cause to be
made, an investigation of the need for consolidation of the petitioning districts and
shall submit a report of the findings to the state water commission. This report must be
presented at the petition hearing. If the state water commission finds it is not feasible,
desirable, or practical to consolidate the petitioning districts, the commission shall
deny the petition and state the reasons for denial. If the state water commission finds
problems of flood control, watershed development or improvement, drainage, water
supply, or other reasons make consolidation or boundary adjustment and
establishment of the proposed water resource district desirable, the commission shall
grant the petition and create the district. Upon creation of the new water resource
district, the state water commission shall dissolve the included districts or make
necessary boundary adjustments to existing districts.