Each water resource board shall have the power and authority to:
1. Sue and be sued in the name of the district.
2. Exercise the power of eminent domain as follows:
a. Except as permitted under subdivision b, the board shall comply with title 32 for
the purpose of acquiring and securing by eminent domain any rights, titles,
interests, estates, or easements necessary or proper to carry out the duties
imposed by this chapter, and particularly to acquire the necessary rights in land
for the construction of dams, flood control projects, and other water conservation,
distribution, and supply works of any nature and to permit the flooding of lands,
and to secure the right of access to such dams and other devices and the right of
public access to any waters impounded thereby.
b. (1) If the interest sought to be acquired is an easement for a right of way for any
project authorized in this chapter for which federal or state funds have been
made available, the district may acquire the right of way by quick take
eminent domain as authorized by section 16 of article I of the Constitution of
North Dakota, after the district attempts to purchase the easement for the
right of way by:
(a) Conducting informal negotiations for not less than sixty days.
(b) If informal negotiations fail, the district shall engage in formal
negotiations by:
[1] Sending the landowner an appraisal and written offer for just
compensation, which includes a specific description of the exact
location of the right of way, by certified mail or commercial
delivery requiring a signed receipt, and receiving the signed
receipt or documentation of constructive notice.
[2] Sending the landowner a written request for a meeting by
certified mail or commercial delivery requiring a signed receipt if
there is no agreement regarding compensation or no response to
the written offer within fifteen days of receipt, and receiving the
signed receipt or documentation of constructive notice.
[3] Sending the landowner a written notice, by certified mail or
commercial delivery requiring a signed receipt, of intent to take
possession of the right of way if there is no agreement regarding
compensation or no response to the written request for a meeting
within thirty days of receipt, and receiving the signed receipt or
documentation of constructive notice.
(2) Any written communication to the landowner must include contact
information for responding to the board and a description of the required
negotiation timeline.
(3) A district may not include or utilize any reference to quick take eminent
domain during negotiations to acquire the necessary easement for a right of
way. If formal negotiation efforts fail, the district shall request approval from
the board of county commissioners of the county in which the right of way is
located to take possession of the right of way by quick take eminent domain.
After receiving the request, the county commissioners shall hold a public
meeting and give the landowner thirty days' notice of the meeting to allow
the landowner to attend. After receiving verification from the district that
there has been no reference or threat of quick take eminent domain by the
district during negotiations, the commissioners shall vote on whether to
approve the taking of the easement for a right of way using quick take
eminent domain. If the county commissioners approve the use of quick take
eminent domain by a majority vote, the district may take immediate
possession of the right of way, but not a blanket easement, if the district files
an affidavit by the chairman of the water resource board which states the
district has fulfilled the required negotiation steps and deposits the amount
of the written offer with the clerk of the district court of the county in which
the right of way is located.
(4) Within thirty days after notice has been given in writing to the landowner by
the clerk of the district court that a deposit has been made for the taking of a
right of way as authorized in this subsection, the owner of the property taken
may appeal to the district court by serving a notice of appeal upon the
acquiring agency, and the matter must be tried at the next regular or special
term of court with a jury unless a jury be waived, in the manner prescribed
for trials under chapter 32-15.
(5) If ownership of a right of way has not terminated, ownership of a right of way
acquired under this subdivision terminates automatically when the district no
longer needs the right of way for the purpose for which it was acquired.
3. Accept funds and property or other assistance, financial or otherwise, from federal,
state, and other public or private sources for the purposes of aiding the construction or
maintenance of water conservation, distribution, and flood control projects; and
cooperate and contract with the state or federal government, or any department or
agency thereof, or any municipality within the district, in furnishing assurances and
meeting local cooperation requirements of any project involving control, conservation,
distribution, and use of water.
4. Procure the services of engineers and other technical experts, and employ an attorney
to assist, advise, and act for it in its proceedings.
5. Plan, locate, relocate, construct, reconstruct, modify, maintain, repair, and control all
dams and water conservation and management devices of every nature and water
channels, and to control and regulate the same and all reservoirs, artificial lakes, and
other water storage devices within the district.
6. Maintain and control the water levels and the flow of water in the bodies of water and
streams involved in water conservation and flood control projects within the district and
regulate streams, channels, drains, or watercourses and the flow of water in them by
changing, widening, deepening, straightening, or otherwise improving them; or by
cleaning out and repairing a drain.
7. Regulate and control water for the prevention of floods and flood damages by
deepening, widening, straightening, or diking the channels or floodplains of any stream
or watercourse within the district, and construct reservoirs or other structures to
impound and regulate such waters.
8. Make rules and regulations concerning the management, control, regulation, and
conservation of waters and prevent the pollution, contamination, or other misuse of the
water resources, streams, or bodies of water included within the district.
9. Do all things reasonably necessary and proper to preserve the benefits to be derived
from the conservation, control, and regulation of the water resources of this state.
10. Construct, operate, and maintain recreational facilities, including beaches, swimming
areas, boat docking and landing facilities, toilets, wells, picnic tables, trash
receptacles, and parking areas, and to establish and enforce rules and regulations for
the use thereof.
11. Have, in addition to any powers provided in this chapter, the authority to construct an
assessment drain in accordance with the requirements of this chapter.
12. Acquire by lease, purchase, gift, condemnation, or other lawful means and to hold in
its corporate name for its use and control both real and personal property and
easements and rights of way within or without the limits of the district for all purposes
authorized by law or necessary to the exercise of any other stated power.
13. Convey, sell, dispose of, or lease personal and real property of the district as provided
by this chapter.
14. Authorize and issue warrants to finance construction of water conservation and flood
control projects, assess benefited property for part or all of the cost of such projects,
and require appropriations and tax levies to maintain sinking funds for construction
warrants on a cash basis at all times.
15. Borrow money within the limitations imposed by this chapter for projects herein
authorized and pledge security for the repayment of such loans.
16. Order or initiate appropriate legal action to compel the entity responsible for the
maintenance and repair of any bridge or culvert to remove from under, within, and
around such bridge or culvert all dirt, rocks, weeds, brush, shrubbery, other debris, and
any artificial block which hinders or decreases the flow of water through such bridge or
culvert.
17. Order or initiate appropriate legal action to compel the cessation of the destruction of
native woodland bordering within two hundred feet [60.96 meters] of that portion of a
riverbank subject to overflow flooding that will cause extensive property damage, or in
the alternative, order, that, if such destruction is permitted, the party or parties
responsible for the destruction must, when the board has determined that such
destruction will cause excessive property damage from overflow flooding due to the
erosion or blocking of the river channel, plant a shelterbelt which meets the
specifications of the board. In the event the native woodland within such area has
already been destroyed, the board may, in its discretion, order the planting of a
shelterbelt which, in the judgment of the board, will curtail the erosion or blocking of
such river channel where overflow flooding has caused extensive property damage.
For purposes of this subsection, the words "riverbank" and "river channel" relate to
rivers as defined in the United States geological survey base map of North Dakota,
edition of 1963. The provisions of this subsection shall not be construed to limit, impair,
or abrogate the rights, powers, duties, or functions of any federal, state, or local entity
to construct and maintain any flood control, irrigation, recreational, or municipal or
industrial water supply project.
18. Petition any zoning authority established pursuant to chapter 11-33, 11-35, or 40-47 or
section 58-03-13 to assume jurisdiction over a floodplain for zoning purposes when
such zoning is required to regulate and enforce the placement, erection, construction,
reconstruction, repair, and use of buildings and structures to protect and promote the
health, safety, and general welfare of the public within a floodplain area. In the event
such zoning authority fails to act or does not exist, the board may request the state
water commission to assist it in a study to determine and delineate the floodplain area.
Upon completion of such study, the board shall make suitable recommendations for
the establishment of a floodplain zone to all zoning authorities and the governing
bodies of all political subdivisions having jurisdiction within the floodplain area.
19. Plan, locate, relocate, construct, reconstruct, modify, extend, improve, operate,
maintain, and repair sanitary and storm sewer systems, or combinations thereof,
including sewage and water treatment plants, and regulate the quantity of sewage
effluent discharged from municipal lagoons; and contract with the United States
government, or any department or agency thereof, or any private or public corporation
or limited liability company, the government of this state, or any department, agency, or
political subdivision thereof, or any municipality or person with respect to any such
systems.
20. Develop water supply systems, store and transport water, and provide, contract for,
and furnish water service for domestic, municipal, and rural water purposes, irrigation,
milling, manufacturing, mining, metallurgical, and any and all other beneficial uses,
and fix the terms and rates therefor. Each district may acquire, construct, operate, and
maintain dams, reservoirs, ground water storage areas, canals, conduits, pipelines,
tunnels, and any and all works, facilities, improvements, and property necessary
therefor.
21. Coordinate proposals for installation, modification, or construction of culverts and
bridges in an effort to achieve appropriate sizing and maximum consistency of road
openings. The department of transportation, railroads, counties, and townships shall
cooperate with the districts in this effort. Each district shall also consider the possibility
of incorporating appropriate water control structures, where appropriate, as a part of
such road openings.
22. Plug abandoned water wells and participate in cost-sharing arrangements with water
well owners to plug water wells to protect aquifers from pollution or depletion, maintain
pressure, and prevent damage to surrounding property.
23. Have, in addition to any powers provided in this chapter, the authority to conduct
weather modification operations in accordance with the procedures and provisions of
chapter 61-04.1.
24. Establish, deepen, widen, and improve drains; and extend drains as necessary to
provide a suitable outlet or reasonably drain lands within a practical drainage area.
25. Install artificial subsurface drainage systems.