North Dakota § 61-16.1-46 Establishing new drains in location of invalid or abandoned drain

North Dakota Statutes

§ 61-16.1-46 — Establishing new drains in location of invalid or abandoned drain

North Dakota § 61-16.1-46

Title 61Waters

Ch. 61-16.1Operation of Water Resource Districts

This text of North Dakota § 61-16.1-46 (Establishing new drains in location of invalid or abandoned drain) 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 § 61-16.1-46 (2026).

Text

If any of the proceedings for the location, establishment, or construction of any drain under
the provisions of this chapter shall have been enjoined, vacated, set aside, declared void, or
voluntarily abandoned by the water resource board, for any reason whatsoever, the board may
proceed under the provisions of sections 61-16.1-17 through 61-16.1-22 to locate, establish,
and construct a new drain at substantially the same location as the abandoned or invalid drain.
For the purposes of this chapter, a drain that is not properly maintained shall be considered
abandoned. When a new drain is established at substantially the same location, the board shall
ascertain the real value of services rendered, moneys expended and work done under the
invalid or abandoned proceedings, and the extent to wh

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If any of the proceedings for the location, establishment, or construction of any drain under
the provisions of this chapter shall have been enjoined, vacated, set aside, declared void, or
voluntarily abandoned by the water resource board, for any reason whatsoever, the board may
proceed under the provisions of sections 61-16.1-17 through 61-16.1-22 to locate, establish,
and construct a new drain at substantially the same location as the abandoned or invalid drain.
For the purposes of this chapter, a drain that is not properly maintained shall be considered
abandoned. When a new drain is established at substantially the same location, the board shall
ascertain the real value of services rendered, moneys expended and work done under the
invalid or abandoned proceedings, and the extent to which the same contributes to the
construction and completion of the new drain. The board shall then issue warrants in an amount
not exceeding the value to the new drain of the work completed on the invalid or abandoned
drain and shall deliver such new warrants, pro rata, to the owners or holders of old warrants or
bonds issued under the invalid or abandoned drainage proceedings, upon the surrender of such
old warrants or bonds by the holder or holders thereof.