North Dakota § 61-16.1-50.1 Procedure to construct or extend an assessment drain through or into two or more counties

North Dakota Statutes

§ 61-16.1-50.1 — Procedure to construct or extend an assessment drain through or into two or more counties

North Dakota § 61-16.1-50.1

Title 61Waters

Ch. 61-16.1Operation of Water Resource Districts

This text of North Dakota § 61-16.1-50.1 (Procedure to construct or extend an assessment drain through or into two or more counties) 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 § 61-16.1-50.1 (2026).

Text

two or more counties.
To construct or extend an assessment drain in two or more counties, a petition must be
presented to the several water resource boards for the area in which the drain will lie for the
establishment of the drain under this chapter. The boards shall hold a joint meeting and shall
determine the necessity or expediency of the establishment of the drain. To proceed with the
drain, the boards shall agree upon the proportion of damages and benefits to accrue to the
lands affected in each county, and for this purpose the boards shall consider the entire course of
the drain through all the counties as one drain. If the boards fail to agree upon the benefits to
accrue to the lands in each county, the boards shall submit the points in controversy to the
department of water resour

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two or more counties.
To construct or extend an assessment drain in two or more counties, a petition must be
presented to the several water resource boards for the area in which the drain will lie for the
establishment of the drain under this chapter. The boards shall hold a joint meeting and shall
determine the necessity or expediency of the establishment of the drain. To proceed with the
drain, the boards shall agree upon the proportion of damages and benefits to accrue to the
lands affected in each county, and for this purpose the boards shall consider the entire course of
the drain through all the counties as one drain. If the boards fail to agree upon the benefits to
accrue to the lands in each county, the boards shall submit the points in controversy to the
department of water resources, and the department's decision is final. The boards may
apportion the cost of establishing and constructing the entire drain ratably and equitably upon
the lands in each county in proportion to the benefits to accrue to the county's lands. When the
boards have apportioned the costs, the boards shall make written reports of the apportionment
to the auditors of the several counties affected. The reports must show the portion of cost of the
entire drain to be paid by taxes upon the lands in each of the counties and must be signed by
the boards of all counties affected. Upon the filing of the reports, the several boards shall meet
and assess against the lands in each of the counties, ratably and equitably as provided by this
chapter, an amount sufficient to pay the proportion of the cost of the drain in each county. The
provisions of this chapter relating to drains within a single county govern the establishment,
construction, maintenance, repair, and cleanout of the drains.