Bill Summary – FastDemocracy

0631.01000
     Sixty-eighth
     Legislative Assembly                    HOUSE BILL NO. 1218
     of North Dakota
     Introduced by
       Representatives Nelson, D. Anderson, Davis, M. Ruby
       Senators Sorvaag, Vedaa
  A BILL for an Act to amend and reenact sections 61-24.6-02, 61-24.6-03, 61-24.6-04, and
  61-24.6-06 of the North Dakota Century Code, relating to the creation of the northwest area
  water supply authority; and to provide for application.
  BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
      SECTION 1. AMENDMENT. Section 61-24.6-02 of the North Dakota Century Code is
  amended and reenacted as follows:
      61-24.6-02. Northwest area water supply advisory committeeauthority - Created.
      The northwest area water supply advisory committeeauthority consists of the following
  representatives, who, except for the members elected under subsection 4, are appointed by the
 director of the department of water resourcesstate water commission:
     1.   One personFour representatives from the city of Minot recommended by the Minot city
          council, one of whom shall represent North Prairie rural water district.
     2.   One person from the Bottineau, Burke, McHenry, McLean, Pierce, Renville, and Ward
          County water resource districts recommended jointly by the governing boards of the
          Bottineau, Burke, McHenry, McLean, Pierce, Renville, and Ward County water
          resource districtsrepresentative of all seasons water users district recommended by
          the all seasons users district board of directors.
     3.   One representative of the state water commission recommended by the
          commissionupper Souris water district recommended by the upper Souris water
          district board of directors.
     4.   One representative of the Turtle Mountain Band of Chippewa Indians recommended
          by the tribal council who will serve as a nonvoting memberTwo representatives of
          cities other than the city of Minot, with direct water service from the northwest area
          water supply project to be selected by election by cities during the annual meeting of
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           the North Dakota league of cities, with one position being elected in every even-
           numbered year beginning in 2024.
      5.   One representative of rural water distribution systems located in northwestern North
           Dakota. This representative must be a resident of Bottineau, Burke, McHenry,
           McLean, Pierce, Renville, or Ward Countythe state water commission recommended
           by the state water commission.
      6.   One representative of a municipality other than the city of Minot, located in Bottineau,
           Burke, McHenry, McLean, Pierce, Renville, or Ward Countythe Garrison Diversion
           Conservancy District recommended by the Garrison Diversion Conservancy District
          board of directors who serves as a nonvoting member.
     7.   One representative of the Garrison Diversion Conservancy District recommended by
          the board of directors of the conservancy districtTurtle Mountain Band of Chippewa
          Indians recommended by the tribal council who will serve as a nonvoting member.
     8.   One at-large representative.
     SECTION 2. AMENDMENT. Section 61-24.6-03 of the North Dakota Century Code is
 amended and reenacted as follows:
     61-24.6-03. Advisory committeeNorthwest area water supply authority - Duty -
 Officers - Meetings - Compensation - Staffing.
     The northwest area water supply advisory committeeauthority shall develop
 recommendations for the legislative management regarding the transition of long-term
 operations and management of the northwest area water supply project. The members of the
 authority shall serve four-year terms. The advisory committeeauthority shall elect a chairman
 and vice chairman and meet no less often than once per quarter at the times and places
 necessary to carry out the purposes of this chapter. The advisory committeeauthority members
 may be reimbursed for their mileage and expenses in the amount provided for by sections
 44-08-04 and 54-06-09. The advisory committeeauthority members serve at the pleasure of the
 director of the department of water resourcesstate water commission. Vacancies must be filled
 in the same manner as original appointments are made. The state water
 commissiondepartment of water resources shall provide staffing and support for the advisory
 committeeauthority.
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      SECTION 3. AMENDMENT. Section 61-24.6-04 of the North Dakota Century Code is
  amended and reenacted as follows:
      61-24.6-04. Powers of the state water commission in consultation with the northwest
  area water supply advisory committeeauthority.
      The state water commission shall consult with the northwest area water supply advisory
  committeeauthority regarding the following duties of the commission:
      1.     Accept funds, property, services, or other assistance, financial or otherwise, from
             federal, state, tribal, and other public or private sources for the purpose of aiding and
             promoting the development of a project to deliver water to northwestern North Dakota.
     2.     Cooperate and contract with the state, its agencies, or its political subdivisions, the
            Three Affiliated Tribes, or any agency of the United States, in research and
            investigation or other activities promoting the development of a project to deliver water
            to northwestern North Dakota.
     3.     Appoint and procure the services of engineers, attorneys, and others to assist in
            developing a project to deliver water to northwestern North Dakota.
     4.     Exercise such other powers as may be necessary for, or incidental to, the
            achievement of the purposes of this chapter.
     5.     Construct, operate, and manage a project to deliver water throughout the project area.
     SECTION 4. AMENDMENT. Section 61-24.6-06 of the North Dakota Century Code is
 amended and reenacted as follows:
     61-24.6-06. Commission to fix water rates for the northwest area water supply
 project.
     The state water commission, after consulting with the northwest area water supply advisory
 committeeauthority, shall establish the payments for water service to be paid by water user
 entities for purchase of water from the northwest area water supply project. The payments for
 water service must include each water user entity's proportionate share of the operation,
 maintenance, and replacement costs, and also include a component for payment for capital
 costs. The commission shall include in its determination of each water user entity's share of
 operation, maintenance, and replacement costs an amount to be deposited in the northwest
 area water supply project reserve fund for replacement, as established by section 61-24.6-07,
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 for replacement and extraordinary maintenance of northwest area water supply project works.
 The amount of the reserve fund for replacement must be determined by the commission.
     SECTION 5. APPLICATION. Notwithstanding section 60-24.6-03, the terms of the initial
 members of the northwest area water supply authority may be for a period of less than four
 years in order to initiate staggered terms.
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Statutes affected: 
INTRODUCED: 61-24.6-02, 61-24.6-03, 61-24.6-04, 61-24.6-06
FIRST ENGROSSMENT: 61-24.6-02, 61-24.6-03, 61-24.6-04, 61-24.6-06
Enrollment: 61-24.6-02, 61-24.6-03, 61-24.6-04, 61-24.6-06