§ 61-16.1-42 — Drains along and across public roads and railroads

North Dakota § 61-16.1-42

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

Text

1. Drains may be laid along, within the limits of, or across any public road or highway, but
not to the injury of the road. If, during the preparation of the report required under
section 61-16.1-17, a water resource board discovers it may be necessary to run a
drain across a highway, the water resource board shall notify and solicit guidance from

the department of transportation, board of county commissioners, or board of township
supervisors, as the case may be, as soon as practicable. If the water resource board
determines the drain must be run across the highway after considering any guidance
received from the department of transportation, board of county commissioners, or
board of township supervisors, the department of transportation, board of county
commissioners, or board of township supervisors shall make necessary openings
through the road or highway at its own expense after receiving notice of the water
resource board's determination. The cost to build, maintain, and repair the culverts or
bridges must be allocated as provided under section 61-16.1-43. In instances where
drains are laid along or within the rights of way of roads or highways, the drains shall
be maintained and kept open by and at the expense of the water resource district
concerned.
2. A drain may be laid along any railroad when necessary, but not to the injury of the
railroad. If, during the preparation of the report required under section 61-16.1-17, a
water resource board discovers it may be necessary to run a drain across a railroad,
the water resource board shall notify and solicit guidance from the railroad company
as soon as practicable. If the water resource board determines the drain must be run
across the railroad after considering any guidance received from the railroad company,
the railroad company, when notified of the water resource board's determination, shall
make the necessary opening through such railroad, build the required bridges and
culverts, and keep them in repair.