The bill amends section 61-16.1-53 of the North Dakota Century Code, which pertains to the removal of noncomplying dikes, dams, or other water conservation devices. It establishes a process for the water resource board to investigate complaints regarding unauthorized constructions. If the board finds that a dike, dam, or other device has been built in violation of existing laws, it must notify the landowner by certified mail, detailing the nature of the noncompliance and the required actions. The landowner is given a minimum of fifteen days to remove the structure, after which the board may take action to remove it and assess the costs against the property.

The bill also clarifies that in cases of emergency, the board can seek an injunction from the district court to prevent further construction or to mandate removal. Additionally, it allows for the assessment of costs to be shared among multiple responsible landowners on a pro rata basis. If a complaint is deemed frivolous, the board has the authority to impose costs on the complainant. The amendments streamline the process for addressing unauthorized water conservation structures while ensuring that landowners are informed and given an opportunity to respond.

Statutes affected:
INTRODUCED: 61-16.1-53
Enrollment: 61-16.1-53
PREFILED: 61-16.1-53