§ 61-24.5-09 — Powers and duties of the district board of directors

North Dakota § 61-24.5-09

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-24.5: Southwest Water Authority

Text

The board of directors of the southwest water authority has the power:
1. To sue and be sued in the name of the authority.
2. To exercise the power of eminent domain in the manner provided by title 32 for the
purpose of acquiring and securing any right, title, interest, estate, or easement
necessary to carry out the duties imposed by this chapter, and particularly to acquire

the necessary rights in land for the construction of pipelines, reservoirs, connections,
valves, and all other appurtenant facilities used in connection with the southwest
pipeline project, or any part thereof.
3. To accept funds, property, and services or other assistance, financial or otherwise,
from federal, state, and other public or private sources for the purpose of aiding and
promoting the construction, maintenance, and operation of the southwest pipeline
project, or any part thereof.
4. To cooperate and contract with the state, its agencies, or its political subdivisions, or
any agency of the United States, in research and investigation or other activities
promoting the establishment, construction, development, or operation of the southwest
pipeline project, or any part thereof.
5. To furnish assurances of cooperation, and as principal and guarantor or either to enter
into a contract, or contracts, with the United States of America, or any department or
agency thereof, and with public corporations and political subdivisions of North Dakota
for the performance of obligations for the construction, operation, or maintenance of
the southwest pipeline project, or any part thereof, or for the delivery of water to any
such department, agency, or political subdivision.
6. To construct or purchase separately or in cooperation with agencies of the United
States, or the state of North Dakota, its agencies or political subdivisions, and to equip,
maintain, and operate an office and principal place of business for the district, or other
buildings or facilities to carry out activities authorized by this chapter.
7. To appoint and fix the compensation of such employees as the board shall deem
necessary to conduct the business and affairs of the authority, and to procure the
services of engineers and other technical experts, and to retain an attorney or
attorneys to assist, advise, and act for it in its proceedings.
8. To appoint from their number an executive committee and vest the same with such
powers and duties as the board may from time to time delegate thereto, in order to
facilitate the duties and work of the board in connection with the business affairs
involved in the development, construction, operation, and maintenance of the
southwest pipeline project, or any part thereof.
9. To enter into a contract or contracts for a supply of water from the United States or the
state water commission and to sell, lease, and otherwise contract to furnish any such
water for beneficial use to persons or entities within or outside the authority.
10. To accept, on behalf of the district, appointment of the district as fiscal agent of the
United States or the state water commission and authorization to make collections of
money for and on behalf of the United States or the state water commission in
connection with the southwest pipeline project, or any part thereof.
11. To sell or exchange any and all real property purchased or acquired by the authority.
All moneys received pursuant to any such sale or exchange shall be deposited to the
credit of the authority and may be disbursed for the payment of expenses of the
authority.
12. Notwithstanding any other law, to exercise the powers granted to a municipality under
subsection 5 of section 40-33-01 pursuant to the limitations set forth therein. The
authority may pay the cost of leasing any waterworks, mains, and water distribution
system and any equipment or appliances connected therewith and any property
related thereto pursuant to subsection 5 of section 40-33-01 solely from revenues to
be derived by the authority from the ownership, sale, lease, disposition, and operation
of the waterworks, mains, and water distribution system; the funds or any other
amounts invested by the authority pursuant to the laws of the state or invested on the
authority's behalf by the state, or any agency or institution of the state, in conformity
with policies of the industrial commission, including investment in a guaranteed
investment contract and any earnings thereon, to the extent pledged therefor; and
funds, if any, appropriated annually by the board of the authority or received from
federal or state sources.

13. To study and analyze options for providing additional water supplies to southwest
North Dakota for purposes, including domestic, rural water, municipal, livestock,
energy development, industrial, mining, and other uses.
14. To conduct engineering, legal, financial, educational, and other activities to further the
completion of the southwest pipeline project, or any part thereof, or any other works or
projects necessary to provide adequate water supplies for southwest North Dakota.