North Dakota Code 61-35-22 – Hearing
1. Upon the filing with the department of water resources of a petition under section 61-35-20 or 61-35-21, the department shall fix a time for consideration of the petition. The department may hold a hearing on the petition. After consideration of the petition, and after the hearing if one is held, the department shall ascertain whether:
Terms Used In North Dakota Code 61-35-22
- Allegation: something that someone says happened.
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
a. The petition meets all of the requirements prescribed by section 61-35-20 or 61-35-21.
b. It appears from all information available to the department that each allegation included in the petition is factual.
2. If the department’s finding on each of the foregoing points is positive, the department shall declare the real property described in the petition detached from the district or declare the district dissolved. The department shall notify the secretary of the district of the department’s action, and the secretary shall amend the records of the district to show the real property described in the petition has been detached from the district. Within thirty days, the secretary shall deliver to the department all records, maps, plans, and files of the dissolved district.