North Dakota § 61-16.1-23 Appeal to department of water resources

North Dakota Statutes

§ 61-16.1-23 — Appeal to department of water resources

North Dakota § 61-16.1-23

Title 61Waters

Ch. 61-16.1Operation of Water Resource Districts

This text of North Dakota § 61-16.1-23 (Appeal to department of water resources) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 61-16.1-23 (2026).

Text

Within twenty days after the meeting at which the water resource board approves the final assessment list required under section 61-16.1-22:

1.Affected landowners and any political subdivision subject to assessment, having not less than thirty-three percent of the possible votes as determined by section 61-16.1-20, which believe the assessment was not made fairly or equitably or the project is not located or designed properly, may appeal to the department of water resources by petition to review the assessments and examine the location and design of the proposed project. Upon receipt of the petition the department shall examine the lands assessed and the location and design of the proposed project, and if it appears the assessments were not made equitably, the department may correct the

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Within twenty days after the meeting at which the water resource board approves the final
assessment list required under section 61-16.1-22:

1. Affected landowners and any political subdivision subject to assessment, having not
less than thirty-three percent of the possible votes as determined by section
61-16.1-20, which believe the assessment was not made fairly or equitably or the
project is not located or designed properly, may appeal to the department of water
resources by petition to review the assessments and examine the location and design
of the proposed project. Upon receipt of the petition the department shall examine the
lands assessed and the location and design of the proposed project, and if it appears
the assessments were not made equitably, the department may correct the
assessments, and the department's correction and adjustment of the assessment is
final. If the department believes the project was located or designed improperly, the
department may order a relocation and redesign that must be followed in the
construction of the proposed project.
2. Upon filing a bond for two hundred fifty dollars with the board for the payment of the
costs of the department in the matter, any landowner or political subdivision claiming
the landowner or political subdivision will receive no benefit from the construction of a
new project may appeal that issue to the department. Upon an appeal by an individual
landowner or political subdivision, the department may determine whether there is any
benefit to the landowner or political subdivision, but not the specific amount of benefit.
The determination of the department regarding whether there is a benefit is final.
3. Before filing an appeal under this section, a landowner or political subdivision that
meets the threshold for filing an appeal under this section may request assistance
from the North Dakota mediation service to resolve grievances arising from the final
assessment list. If the North Dakota mediation service agrees to assist the aggrieved
person, the water resource board shall participate in good faith in the mediation.
Requesting assistance or engaging in mediation under this section is not a
prerequisite or a bar to appealing to the department under this section. Deadlines to
initiate appeals are not tolled by a person requesting assistance from the North Dakota
mediation service under this section.