North Dakota Code 61-02-14 – Powers and duties of the commission
The commission is authorized:
Terms Used In North Dakota Code 61-02-14
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. To investigate, plan, regulate, undertake, construct, establish, maintain, control, operate, and supervise all works, dams, and projects, public and private, which in the commission’s judgment may be necessary or advisable:
a. To control the low-water flow of streams in the state.
b. To impound water for the improvement of municipal, industrial, and rural water supplies.
c. To control and regulate floodflow in the streams of the state to minimize the damage of floodwaters.
d. To conserve and develop the waters within the natural watershed areas of the state and, subject to vested rights, to divert the waters within a watershed area to another watershed area and the waters of any river, lake, or stream into another river, lake, or stream.
e. To improve the channels of the streams for more efficient transportation of the available water in the streams.
f. To provide sufficient water flow for the abatement of stream pollution.
g. To develop, restore, and stabilize the waters of the state for domestic, agricultural, and municipal needs; irrigation; flood control; recreation; and wildlife conservation by the construction and maintenance of dams, reservoirs, and diversion canals.
h. To promote the maintenance of existing drainage channels in agricultural lands and to construct needed channels.
i. To provide more satisfactory subsurface water supplies for the state’s municipalities.
j. To finance the construction, establishment, and extraordinary maintenance of public works, dams, and irrigation projects, which in the commission’s judgment may be necessary and advisable. The commission may not provide a cost-share for the costs of operation, regular maintenance, or removal of vegetative materials and sediment, for assessment drains. Snagging and clearing of watercourses are not regular maintenance.
k. To provide for the storage, development, diversion, delivery, and distribution of water for the irrigation of agricultural land and supply water for municipal and industrial purposes.
l. To provide for the drainage of lands injured by or susceptible of injury from excessive rainfall or from the utilization of irrigation water, and subject to the limitations prescribed by law, to aid and cooperate with the United States and any department, agency, or officer of the United States, and with any county, township, drainage district, or irrigation district of this state, or of another state, in the construction or improvement of the drains.
m. To provide water for stock.
n. To provide water for the generation of electric power and for mining and manufacturing purposes.
2. To define, declare, and establish rules and regulations:
a. For the sale of waters and water rights to individuals, associations, corporations, limited liability companies, municipalities, and other political subdivisions of the state and for the delivery of water to users.
b. For the full and complete supervision, regulation, and control of the water supplies within the state.
c. Governing and providing for financing by local participants to the maximum extent deemed practical and equitable in any water development project in which the state participates in cooperation with the United States or with political subdivisions or local entities.
3. To exercise full power and control of the construction, operation, and maintenance of works and the collection of rates, charges, and revenues realized from the works.
4. To sell, lease, and otherwise distribute all waters which may be developed, impounded, and diverted by the commission under this chapter, for the purposes of irrigation, the development of power, and the watering of livestock, and for any other private or public use.
5. To exercise all express and implied rights, power, and authority that may be necessary, and to do, perform, and carry out the expressed purposes of this chapter and the purposes reasonably implied incidentally to or lawfully connected with the expressed purposes of this chapter.
6. To acquire, own, and develop lands for irrigation and water conservation and to acquire, own, and develop damsites and reservoir sites and to acquire easements and rights of way for diversion and distributing systems.
7. To cooperate with the United States and any department, agency, or officer of the United States in the planning, establishment, operation, and maintenance of dams, reservoirs, diversion and distributing systems, for the utilization of the waters of the state for domestic, municipal, and industrial needs, irrigation, flood control, water conservation, and generation of electric power and for mining, agricultural, and manufacturing purposes. The commission may, within the limitations prescribed by law, acquire, convey, contribute, or grant to the United States, moneys, real and personal property, including land or easements for dams and reservoir sites and rights of way and easements for diversion and distribution systems or participate in the cost of any project.
8. To consider cost-sharing for water quality improvement projects.