§ 61-16.1-40.1 — Maintenance of federally constructed projects - Assessment district established

North Dakota § 61-16.1-40.1

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

Text

established.
With regard to projects constructed by a federal agency, including the soil conservation
service or natural resources conservation service, the water resource board may finance in
whole or in part the maintenance of the project with funds raised through the collection of a
special assessment levied against the land and premises benefited by maintenance of the
project. The assessments to be levied may not exceed four dollars per acre [.40 hectare]
annually on agricultural lands and may not exceed two dollars annually for each five hundred
dollars of taxable valuation of nonagricultural property. No action is required for the
establishment of the assessment district or the assessments except the water resource board
must approve the maintenance and assessment therefor by a vote of two-thirds of the members
and the board of county commissioners of the county in which the project is located must
approve and levy the assessments to be made by a vote of two-thirds of its members. If a board
that undertakes a project finds that the project may benefit lands in this state outside water
resource district boundaries, the board shall provide notice to the water resource board where
the benefited lands are located. The board of each water resource district containing lands
benefited by a project must approve the project and assessment by vote of two-thirds of its
members. The board of county commissioners in each county that contains lands benefited by a
project must approve and levy the assessment to be made by vote of two-thirds of its members.
If a project and assessment is not approved by all affected water resource boards and boards of
county commissioners, the board of each water resource district and the board of county
commissioners of each county shall meet to ensure that all common water management
problems are jointly addressed. In addition, the water resource board that undertakes the
project may proceed with the project if the board finances the cost of the project and does not
assess land outside of the district. Before an assessment may be levied under this section, a
public hearing must be held. The hearing must be preceded by notice as to date, time, location,
and subject matter published in the official newspaper in the county or counties in which the
proposed assessment is to be levied. The notice must be published at least ten days but not
more than thirty days before the public hearing.