North Dakota § 61-16.1-43 Construction of bridges and culverts - Costs

North Dakota Statutes

§ 61-16.1-43 — Construction of bridges and culverts - Costs

North Dakota § 61-16.1-43

Title 61Waters

Ch. 61-16.1Operation of Water Resource Districts

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Bluebook

N.D. Cent. Code § 61-16.1-43 (2026).

Text

1.The water resource board shall construct any bridges or culverts over or in connection with a drain as in its judgment may be necessary to furnish passage from one part to another of any private farm or tract of land intersected by the drain. The cost of constructing the bridge or culvert must be charged as part of the cost of constructing the drain. The bridge or culvert must be maintained under the authority of the water resource board, and the necessary expense must be deemed a part of the cost of maintenance.

2.When any bridge or culvert is to be constructed on a county or township highway system over and across or in connection with a drain, the water resource board shall notify the county or township with authority for the highway and provide the county or township reasonable tim

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1. The water resource board shall construct any bridges or culverts over or in connection
with a drain as in its judgment may be necessary to furnish passage from one part to
another of any private farm or tract of land intersected by the drain. The cost of
constructing the bridge or culvert must be charged as part of the cost of constructing
the drain. The bridge or culvert must be maintained under the authority of the water
resource board, and the necessary expense must be deemed a part of the cost of
maintenance.
2. When any bridge or culvert is to be constructed on a county or township highway
system over and across or in connection with a drain, the water resource board shall
notify the county or township with authority for the highway and provide the county or
township reasonable time to review and provide input on the plans for the bridge or
culvert. The bridge or culvert must be maintained by the county or township and all
necessary maintenance expenses must be borne forty percent by the county and sixty
percent by the water resource board, unless otherwise agreed upon by the water
resource board and the highway authority. If the highway authority and the water
resource board cannot agree on the necessity or proper methodology for maintaining
the bridge or culvert, the requesting party may appeal the denial under chapter 28-34.
The cost of constructing the bridge or culvert must be shared in the following manner:
a. If funds are available, the state water commission may participate according to
the commission's rules or policies. The remaining cost must be borne forty
percent by the county and sixty percent by the district that created the need for
the construction.
b. If funds are not available to the commission for participation, forty percent of the
cost must be paid by the county and sixty percent must be charged as the cost of
the drain to the district.
c. Upon request from the water resource board, the county shall request federal
emergency funds for the construction. If the bridge or culvert is constructed with
federal financial participation, including any federal emergency funds, the costs
exceeding the amount of the federal participation must be borne by the district
and county according to the provisions of this section.