§ 61-16.1-02 — Definitions

North Dakota § 61-16.1-02

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-16.1: Operation of Water Resource Districts

Text

For purposes of this chapter, unless the context otherwise requires:
1. "Affected landowners" means landowners whose land is subject to special assessment
or condemnation for a project.
2. "Assessment drain" means a drain financed in whole or in part by special assessment.
3. "Benefited property" means property that has accrued a benefit from a project.
4. "Benefits" means the degree to which a society or an economy subject to a project is
improved through lower costs, fewer damages, or enhancements.
5. "Cleaning out and repairing a drain" means deepening and widening a drain and
removing obstructions or sediment, and any repair necessary to return the drain to a
satisfactory and useful condition.
6. "Commission" means the state water commission.
7. "Conservation" means planned management of water resources to prevent
exploitation, destruction, neglect, or waste.
8. "Costs of the frivolous complaint" means all reasonable costs associated with the
requisite proceedings regarding the removal of obstructions to a drain, removal of a
noncomplying dike or dam, or closing a noncomplying drain, including all reasonable
construction costs; all reasonable attorney's fees and legal expenses; all reasonable
engineering fees, including investigation and determination costs; compliance
inspections; necessary technical memorandum and deficiency review; and all costs
associated with any hearing conducted by a district, including preparation and
issuance of any findings of fact and any final closure order.
9. "District" means a water resource district.
10. "Drain" means any natural watercourse opened, or proposed to be opened, and
improved for drainage, and any artificial channel constructed for drainage. The term
includes dikes and appurtenant works and may include more than one watercourse or
artificial channel when the watercourses or channels drain land within a practical
drainage area.
11. "Frivolous" means allegations and denials in any complaint filed with a district made
without reasonable cause and not in good faith.
12. "Lateral drain" means a drain constructed after the establishment of an original drain
or drainage system and which flows into the original drain or drainage system from
outside the limits of the original drain.
13. "Practical drainage area" means, for assessment drains, the practical drainage area
determined by the survey and examination required under section 61-16.1-17.
14. "Project" means any undertaking for water conservation; flood control; water supply;
water delivery; erosion control and watershed improvement; drainage of surface
waters; collection, processing, and treatment of sewage; discharge of sewage effluent;
or any combination of purposes in this subsection, and includes incidental features of
the undertaking.
15. "Water resource board" or "board" means the water resource district's board of
managers.