§ 61-35-02.1 — Conversion of water resource district water supply system to water district

North Dakota § 61-35-02.1

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-35: Water Districts

Text

district.
A water resource district that has developed a water supply system under chapter 61-16.1
may convert that system to a water district as provided in this section. The water resource
district board operating a water supply system may petition the department of water resources
to organize a district in the manner provided by section 61-35-02. The signatures of the water
resource district's board of directors on the petition and a resolution adopted by the water
supply system's users approving the petition suffice in lieu of signatures of owners of fifty
percent of the real property in the proposed district, if the petition presenter provides evidence
satisfactory to the department that a sufficient number of members of the proposed district will
subscribe or have subscribed to benefit units to make its operation feasible. The procedure for
hearing and determination of disposition of the petition is as provided by this chapter. In any
district organized upon the petition of a water resource board of directors, the following
procedures apply:
1. After final approval of the petition by the department of water resources, the secretary
of the water resource board shall file a notice with the secretary of state.
2. Upon filing of the notice, the assets and liabilities of the water supply system become
the assets and liabilities of the newly organized district without any further meetings,
voting, notice to creditors, or other actions by the members of the board.
3. The officers and board of directors of the water resource district are the officers and
board of the district.
4. The applicable laws of the state governing the water resource district board control the
initial size and the initial terms of office of officers and the board, in lieu of sections
61-35-08 through 61-35-11.
5. The district shall bring its operation and structure into compliance with the
requirements of section 61-35-08 regarding the number and qualification of directors,
section 61-35-09 regarding new bylaws, section 61-35-10 regarding dividing its
directors into classes, and section 61-35-11 regarding board meetings at the first
annual meeting of the participating members and board. The new district has all the
rights and all the property of the original water supply system and is responsible for all
its obligations. Title to any property is vested in the new district with no reversion or
impairment of ownership rights caused by the conversion to a district. A water supply
agreement entered by a water resource district is binding for its term on a successor
district organized by the water resource district, unless otherwise agreed in writing by
all parties to the agreement. The right of any creditor may not be impaired by this
section without the creditor's consent.