§ 61-39-01 — Findings and declaration of policy

North Dakota § 61-39-01

• Jurisdiction: North Dakota
• Title 61: Waters
• Ch. 61-39: Lake Agassiz Water Authority

Text

The legislative assembly declares many areas and localities in eastern and central North
Dakota do not enjoy adequate quantities of high-quality drinking water; other areas and
localities in eastern and central North Dakota do not have sufficient quantities of water to ensure
a dependable, long-term supply; greater economic security and the protection of health and
property benefits the land and water resources of this state; and the promotion of the prosperity
and general welfare of all of the people of this state depend on the effective development and
utilization of the land and water resources of this state and requires the exercise of the
sovereign powers of this state and concern a public purpose. To accomplish this public purpose,
a water authority is needed to store and distribute water to eastern and central North Dakota to
provide for the supply and distribution of water to the people of eastern and central North
Dakota for purposes, including domestic, rural water, municipal, livestock, industrial, and other
uses, with primary emphasis on domestic, rural water, and municipal uses; and provide for the
future economic welfare and prosperity of the people of this state, and particularly the people of
eastern and central North Dakota, by the bulk purchase of water from the Garrison Diversion
Conservancy District delivered by the Red River valley water supply project for beneficial and
public uses. The Garrison Diversion Conservancy District may acquire, construct, and improve
the Red River valley water supply project and may enter water supply contracts with member
cities and water districts for the sale of water for consumption within or outside the district or the
state, including with Canada. Alternatively, the Lake Agassiz water authority may enter one or
more contracts to provide for the authority to acquire bulk water from the Garrison Diversion
Conservancy District and may enter water supply contracts with member cities and water
districts for the resale of this water for consumption within or outside the state.
The legislative assembly acknowledges North Dakota and Minnesota communities jointly
use the Red River as a water resource. It is in the best interest of eastern North Dakota also to
study and possibly provide for the water needs of those Minnesota communities through a
Red River valley water supply project, particularly if that project maintains the use of the
Red River for North Dakota communities.
In furtherance of this public purpose, the state water commission may provide for the
issuance of bonds in accordance with chapter 61-02 to finance the costs of any project to
deliver water to eastern and central North Dakota or utilize other financing as addressed in this
chapter. This chapter does not abrogate or limit the rights, powers, duties, and functions of the
state water commission or department of water resources, but is supplementary to those rights,
powers, duties, and functions.