§ 61-02-01 Water conservation, flood control, management, and development declared a public purpose
§ 61-02-01.1 Statewide water development program
§ 61-02-01.2 State water commission – Policies for water retention projects
§ 61-02-01.3 Comprehensive water development plan
§ 61-02-01.4 State water commission cost-share policy
§ 61-02-02 Definitions
§ 61-02-03 Apportioning or allocating water rights by commission
§ 61-02-04 State water commission – Members – Terms – Qualifications
§ 61-02-04.1 Conflict of interest
§ 61-02-05 Chairman of commission
§ 61-02-06 Principal and branch offices of commission
§ 61-02-07 Quorum – What constitutes
§ 61-02-08 Meetings of commission
§ 61-02-09 Commission a state agency – Function as state
§ 61-02-10 Commission to have seal – Judicial notice
§ 61-02-11 Commission may adopt rules and regulations – Record kept by commission – Inspection
§ 61-02-12 Compensation and expenses of appointive members of commission
§ 61-02-13 Employment of assistants
§ 61-02-14 Powers and duties of the commission
§ 61-02-14.1 Release or assignment of easements – Procedure
§ 61-02-14.2 Commission contracts may be executed by director
§ 61-02-14.3 Commission agreements – Terms, conditions, and reapplication
§ 61-02-14.4 Carryover projects – Reporting requirements to the legislative management
§ 61-02-16 Preference is given to individual farmer or irrigation district when planning or constructing irrigation projects
§ 61-02-17 Records, accounts, and statements of works and projects undertaken – Filed with office of management and budget
§ 61-02-18 Application for irrigation project – Fees to accompany – Surveys made
§ 61-02-19 Works of commission may include preparation of land for irrigation when project undertaken by commission
§ 61-02-22 Acquisition of necessary property and power of condemnation
§ 61-02-23 Actions to acquire property rights
§ 61-02-23.1 Condemnation by the water commission
§ 61-02-23.2 Devils Lake outlet – Eminent domain – Design and build construction
§ 61-02-23.3 Construction and operation of the Devils Lake outlet – Authorization – Agreement
§ 61-02-24 Cooperation and coordination with entities
§ 61-02-24.1 Cooperation and participation of political subdivisions and federally recognized Indian tribes
§ 61-02-24.2 Payments in lieu of real estate taxes
§ 61-02-25 Duties of state agencies acting through interstate compacts or agreements
§ 61-02-26 Duties of state agencies concerned with intrastate use or disposition of waters
§ 61-02-27 Proposals with respect to use or disposition of waters to be presented to department of water resources
§ 61-02-28 Plans, investigations, and surveys concerning use of waters – Special powers of commission
§ 61-02-29 Commission to have full control over unappropriated public waters of state
§ 61-02-30 Commission acquiring water rights and administering provisions of chapter – Declaration of intention
§ 61-02-32 Modification of plans by commission regarding project to appropriate waters – Filing declaration of intention
§ 61-02-33 Commission to file declaration of completion of appropriation with department of water resources
§ 61-02-34 Declaration of intention to appropriate or release waters or completion of appropriation as evidence
§ 61-02-35 When right of commission to waters attaches – Continuation of authority and jurisdiction
§ 61-02-36 Natural streams employed as a means of diversion of water – Adopting methods to determine natural flow
§ 61-02-37 Headgates and measuring devices maintained by appropriators of natural streams – Commission adopting rules preventing diversion of water
§ 61-02-38 Holder of water right on natural stream may turn control over to commission
§ 61-02-39 Commission may adjust plans and operation of project to obtain financial aid from United States
§ 61-02-40 Authority of commission to extend and be applied to natural waters of state
§ 61-02-41 Surveys for the diversion of waters
§ 61-02-42 Commission to take into consideration decrees of court adjudicating waters of natural stream
§ 61-02-43 Commission may hold hearings relating to rights of claimants – Notice – Findings made
§ 61-02-44 Controlling natural flow of stream deemed police power – Water commissioners not to deprive commission
§ 61-02-45 Commission may divert at any place on stream after impounding or acquiring the right of appropriation
§ 61-02-46 Commission may issue bonds – Legislative authorization – Payment restricted
§ 61-02-47 When bonds to mature – Callable before maturity
§ 61-02-48 Commission to determine interest rate, form, denomination, and execution of bonds
§ 61-02-49 Officers whose names are on bonds ceasing to be officers before delivery of bonds – Validity of bonds
§ 61-02-51 How bonds may be secured
§ 61-02-52 Commission may provide for registration of bonds
§ 61-02-53 Issuance and sale of bonds – Proceeds from sale – Use
§ 61-02-54 Resolution providing for issuance of bonds
§ 61-02-55 Issuance of temporary bonds
§ 61-02-56 Bond guaranty or insurance – Method
§ 61-02-57 Moneys appropriated to pay interest and principal of bonds available as a revolving fund
§ 61-02-58 Lien upon bond proceeds
§ 61-02-59 Series of bonds may be secured by trust indenture
§ 61-02-60 Trust indentures – Where filed – Filing constitutes constructive notice
§ 61-02-61 Resolution or indenture may contain provisions protecting bondholders – Expenses incurred in carrying out indenture
§ 61-02-62 Powers of commission in issuance of bonds
§ 61-02-63 Mortgage of commission – Contents – Purchaser at foreclosure sale – Rights
§ 61-02-64 Fund created by commission – Depository
§ 61-02-64.1 Contract fund – Purpose – Reimbursements to be deposited with the state treasurer
§ 61-02-64.2 Repayment of loan proceeds and reimbursements deposited in resources trust fund
§ 61-02-65 Commission to have complete system of accounting – Contents
§ 61-02-67.1 Revenues and funds available to pay bonds
§ 61-02-68.1 Borrowing on interim notes – Expenses paid and loans made from proceeds – Issuance of notes
§ 61-02-68.2 Interim financing notes guaranteed by United States agency or instrumentality – Limitations
§ 61-02-68.3 Interim financing – Proper authority required
§ 61-02-68.4 Interim financing – Independent review of feasibility of project
§ 61-02-68.5 Interim financing – Proceeds pledged as security – Assignment to commission of rights to proceeds
§ 61-02-68.6 Terms of interim financing notes – Extension of maturity dates
§ 61-02-68.7 Pledge of revenues to secure interim financing notes
§ 61-02-68.8 Additional covenants and conditions to secure interim financing notes
§ 61-02-68.9 Registration of interim financing notes – Interest payment – Redemption prior to maturity
§ 61-02-68.10 Execution and attestation of interim financing notes – Sale
§ 61-02-68.11 Bond provisions applicable to interim financing notes
§ 61-02-68.12 Interim financing notes or guarantees not a state obligation – Payment restricted to revenues – Notes or guarantees not a lien
§ 61-02-68.13 Interim financing notes as legal investments and security
§ 61-02-68.14 Guarantee issued by commission
§ 61-02-68.15 Pledges
§ 61-02-68.16 Reserve fund
§ 61-02-68.17 Additional reserves and funds
§ 61-02-68.18 Protection of service during term of guarantee or loan
§ 61-02-68.19 Interim financing notes, guarantees, or bonds for municipal, rural, and industrial water supply projects – Public interest
§ 61-02-69 Property of commission exempt from taxation
§ 61-02-71 Commission may accept and receive appropriations and contributions
§ 61-02-72 Revenue bonds of commission are legal and valid investments of financial institutions – Exemption from taxation
§ 61-02-73 Construction of chapter
§ 61-02-76 Hearing – Appeals from decision of commission
§ 61-02-77 Emergency municipal, tribal, and rural water system drinking water grant program
§ 61-02-79 Bank of North Dakota – Line of credit
§ 61-02-80 Flood control projects – Financial assistance limited
§ 61-02-81 Development in breach inundation zones – No financial assistance for dam improvements

Terms Used In North Dakota Code > Chapter 61-02 - Water Commission

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dependent: A person dependent for support upon another.
  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
  • Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
  • population: means the number of inhabitants as determined by the last preceding state or federal census. See North Dakota Code 1-01-47
  • Process: means a writ or summons issued in the course of judicial proceedings. See North Dakota Code 1-01-49
  • Property: includes property, real and personal. See North Dakota Code 1-01-49
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • qualified elector: means a citizen of the United States who is eighteen years of age or older; and is a resident of this state and of the area affected by the petition. See North Dakota Code 1-01-51
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • seal: includes an impression of such seal upon the paper alone as well as upon wax or a wafer affixed thereto. See North Dakota Code 1-01-38
  • 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
  • Trustee: A person or institution holding and administering property in trust.
  • United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37
  • year: means twelve consecutive months. See North Dakota Code 1-01-33