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Chapter 61-02

Water Commission
Section Section Name
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
61-02-01.5 North Dakota outdoor heritage fund grants - Effect on local cost-share
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 state engineer
61-02-14.3 Commission agreements ‑ Terms, conditions, and reapplication
61-02-15 Provisions of chapter not to limit or deprive state department of health of authority
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
61-02-20 Approval of commission necessary before constructing certain size dams ‑ Inspection during construction
61-02-21 Sewage and waste disposal or discharge ‑ Water supply plant ‑ Approval of commission required
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 all existing agencies
61-02-24.1 Cooperation and participation of political subdivisions
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 state engineer
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
61-02-31 Priority of a water right dates from when
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 state engineer
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
61-02-50 Bonds issued are negotiable
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
61-02-66 Construction fund ‑ Contents ‑ Disbursements ‑ Surplus remaining
61-02-67 Revenue bond payment fund ‑ Contents
61-02-67.1 Revenues and funds available to pay bonds
61-02-68 State treasurer to pay interest on bonds ‑ Redemption of bonds ‑ Appropriation
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
61-02-70 Expenses paid from administrative fund
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
61-02-74 Certain moneys to be deposited in general fund
61-02-75 Hearing witnesses ‑ Subpoena ‑ Oath ‑ Fees
61-02-76 Hearing ‑ Appeals from decision of commission
61-02-77 Emergency municipal, tribal, and rural water system drinking water grant program
61-02-78 Infrastructure revolving loan fund ‑ Continuing appropriation ‑ Rules
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

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