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Chapter 61-35

Water Districts
Section Section Name
61-35-01 Definitions
61-35-02 Petition
61-35-02.1 Conversion of water resource district water supply system to water district
61-35-03 Petition contents
61-35-04 Hearing after filing
61-35-05 Contents of notice
61-35-06 Appearances
61-35-07 Findings ‑ Order
61-35-08 Meeting of members ‑ Election of board
61-35-09 Bylaws submitted at special meeting
61-35-10 Directors divided into classes ‑ Terms ‑ Vacancies
61-35-11 Board meetings
61-35-12 Powers of district board
61-35-13 Contracts for construction or maintenance of a project
61-35-14 Financing project through improvement bonds or special assessments ‑ Apportionment of benefits
61-35-15 Revenue bonds
61-35-16 Plans and specifications
61-35-17 Selling water
61-35-18 Inclusion of property in district ‑ Inclusion of municipality ‑ Merger
61-35-19 Taxing prohibited
61-35-20 Exclusion of real property from district
61-35-21 Inactive district dissolved
61-35-22 Hearing
61-35-23 Disposition of assets
61-35-24 Not exempt from other requirements
61-35-25 Alternate operation by nonprofit corporation or cooperative
61-35-26 Annexation of land by a municipality
61-35-26.1 Statement of intent
61-35-26.2 Plans for water service by providers ‑ Filing plans ‑ Existing agreements
61-35-26.3 State water commission funding
61-35-26.4 Water service agreement ‑ Mediation ‑ Administrative law judge
61-35-27 Personal liability
61-35-28 Proceedings to confirm contracts, special assessments, and other acts
61-35-29 Authorization to organize association of rural water systems
61-35-30 Resolution authorizing project and the issuance of revenue bonds
61-35-31 Refunding bonds authorized by resolution ‑ Adoption ‑ Taking effect
61-35-32 Cost of project ‑ How determined
61-35-33 Provisions governing bonds
61-35-34 Sale of bonds ‑ When private sale authorized ‑ Public sale and notice
61-35-35 Bonds and receipts or certificates issued pending preparation of bonds ‑ Negotiability
61-35-36 Validity of bonds
61-35-37 Bonds exempt from taxation
61-35-38 Covenants that may be inserted in resolution authorizing bonds
61-35-39 Liability of district for bonds ‑ Taxing power prohibited ‑ Bond not a lien
61-35-40 Duties of district and officers
61-35-41 Remedies of bondholders in general
61-35-42 Receiver of project ‑ When appointed
61-35-43 Powers and duties of receiver of project
61-35-44 Court may direct receiver to surrender possession of project
61-35-45 Receiver subject to jurisdiction of court ‑ Jurisdiction of court
61-35-46 Construction
61-35-47 Limitations on authorizations contained in chapter ‑ Effect of chapter on bonds issued before August 1, 1995
61-35-48 Power of district to defray expense of improvements by special assessments
61-35-49 Waterworks and water mains ‑ Acquisition of waterworks, sewage treatment and disposal plants, and sewer systems
61-35-50 Acquiring property for sewers, water mains, and water supply beyond district limits
61-35-51 Condemnation of land and rights of way for special improvements ‑ Taking of possession ‑ Trial ‑ Appeal ‑ Vacation of judgment
61-35-52 Improvement districts to be created
61-35-53 Size and form of improvement districts ‑ Regulations governing
61-35-54 Engineer's report required ‑ Contents
61-35-55 Approval of plans, specifications, and estimates
61-35-56 District engineer to retain copy of plans, specifications, and estimates ‑ Sale of copies
61-35-57 Plans, specifications, and estimates filed in office of district
61-35-58 Hearing ‑ Notice ‑ Contents
61-35-59 Voting on proposed projects
61-35-60 Voting right or powers of landowners
61-35-61 Assessment of cost of project
61-35-62 Assessment list to be published ‑ Notice of hearing ‑ Alteration of assessments ‑ Confirmation of assessment list ‑ Filing
61-35-63 Appeal to department of water resources
61-35-64 When assessments may be made
61-35-65 Reassessment of benefits
61-35-66 Correction of errors and mistakes in special assessments ‑ Requirements governing
61-35-67 Lien of special assessment
61-35-68 Sewer or water improvements in districts may be paid for by service charges
61-35-69 Abbreviations, letters, or figures may be used in proceedings for levy and collection of special assessments
61-35-70 District office to keep complete record of improvements ‑ Record as evidence
61-35-71 Defects and irregularities in improvement proceedings are not fatal
61-35-72 Payment of special assessments ‑ Interest
61-35-73 Lien between vendor and vendee of special assessments
61-35-74 Sewer special assessments extended over a period of not more than thirty years
61-35-75 Water main and waterworks special assessments extended over a period of not more than thirty years
61-35-76 Payments in full of assessments ‑ Payments to county treasurer or district treasurer ‑ Receipts
61-35-77 Certification of assessments to county auditor
61-35-78 District treasurer to insert amount of improvements in county real estate book or other forms ‑ Regulations governing
61-35-79 Extension of special assessments on tax lists ‑ Collection ‑ Payment over to district
61-35-80 Special assessment record book kept by county auditor ‑ Assessments certified for more than one year
61-35-81 County treasurer to certify and receipt for amount of special assessments collected ‑ Contents of certificate ‑ Procedure for abatement
61-35-82 Interest and penalties added to special assessments ‑ County treasurer to collect and pay over
61-35-83 Special improvement moneys to be kept separate ‑ Designation and numbering of funds ‑ Diversion of moneys prohibited
61-35-84 Bonds ‑ When payable ‑ Amounts ‑ Interest
61-35-85 Bonds may be used in making payments on contract ‑ Bonds payable out of fund on which drawn ‑ May be used to pay special assessments
61-35-86 Refunding special assessment bonds ‑ Purposes for which such bonds may be issued ‑ Payment of bonds
61-35-87 Foreclosure of tax lien on property when general and special assessment taxes are delinquent
61-35-88 Call for bids ‑ Contents ‑ Advertising
61-35-89 Bid to be accompanied by a bond ‑ Bond retained upon failure of bidder to contract ‑ Amount of bond
61-35-90 Execution of bidder's bond
61-35-91 Conditions of bidder's bond
61-35-92 Bids ‑ Filing ‑ Sealing ‑ Endorsing ‑ Opening ‑ Considering
61-35-93 Opening of bids ‑ Bids to be entered on minutes
61-35-94 Rejection of bids ‑ Readvertising for bids or construction by district without contract ‑ Re-evaluation of project
61-35-95 Engineer's statement of estimated cost required ‑ Board to enter into contracts
61-35-96 Contractor's bond ‑ Execution
61-35-97 Conditions for contractor's bond
61-35-98 Approval of bonds ‑ Return of bidder's bond
61-35-99 Failure to execute contractor's bond
61-35-100 Insufficiency of bonds ‑ New bonds required ‑ Failure to furnish
61-35-101 Execution and filing of contract
61-35-102 Conditions and terms
61-35-103 Contractor to be paid during progress of work ‑ Retainage ‑ Failure to pay ‑ Rate of interest ‑ Investment of retainage

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