25.0494.01000
Sixty-ninth
Legislative Assembly SENATE BILL NO. 2106
of North Dakota
Introduced by
Senator Beard
1 A BILL for an Act to create and enact a new section to chapter 61-01 of the North Dakota
2 Century Code, relating to weather modification operations in the state; to amend and reenact
3 subsection 1 of section 37-17.1-11, and sections 58-03-07, 61-02.1-02.1, and 61-16.1-09 of the
4 North Dakota Century Code, relating to weather modification; to repeal section 37-17.1-15 and
5 chapter 61-04.1 of the North Dakota Century Code, relating to weather modification; and to
6 provide a penalty.
7 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
8 SECTION 1. AMENDMENT. Subsection 1 of section 37-17.1-11 of the North Dakota
9 Century Code is amended and reenacted as follows:
10 1. In addition to disaster or emergency mitigation measures as included in the state and
11 local disaster or emergency operational plans, the governor shall consider, on a
12 continuing basis, steps that couldmay be taken to mitigate or reduce the harmful
13 consequences of disasters or emergencies. At the governor's direction, and pursuant
14 to any other authority and capability they haveof state agencies, state agencies
15 charged with responsibilities in connection with floodplain management, stream
16 encroachment and flow regulation, weather modification, fire prevention and control,
17 air quality, public works, land use and land use planning, and construction standards,
18 shall make studies of disaster or emergency mitigation-related matters. The governor,
19 from time to time, periodically shall make recommendations to the legislative
20 assembly, local governments, and other appropriate public and private entities as may
21 facilitate measures for mitigation or reduction of the harmful consequences of
22 disasters or emergencies.
23 SECTION 2. AMENDMENT. Section 58-03-07 of the North Dakota Century Code is
24 amended and reenacted as follows:
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1 58-03-07. Powers of electors.
2 The electors of each township have the power at the annual township meeting to:
3 1. To establishEstablish one or more pounds within the township, to determine the
4 location of the pounds, to determine the number of poundmasters and to choose the
5 poundmasters, and to discontinue pounds which have been established.
6 2. To selectSelect the township officers required to be chosen.
7 3. To directDirect the institution or defense of actions in all controversies in which the
8 township is interested.
9 4. To directDirect the raising of suchthe sums as they may deemdeemed necessary to
10 prosecute or defend actions in which the township is interested.
11 5. To makeMake all rules and regulations for the impounding of animals.
12 6. To make suchMake bylaws, rules, and regulations as may be deemed necessary to
13 carry into effect the powers granted to the township.
14 7. To imposeImpose penalties for each offense on persons offending against any rule or
15 regulation established by the township.
16 8. To applyApply penalties when collected in suchthe manner as they deemdeemed most
17 conducive to the interests of the township.
18 9. To ratifyRatify or reject recommendations offered by the board of township supervisors
19 for the expenditure of funds for the purpose of purchasing building sites and for the
20 purchase, location, erection, or removal of any building or erection for township
21 purposes. NoA recommendation shallmay not be adopted except by a two-thirds vote
22 of the electors present and voting at any annual township meeting.
23 10. To authorizeAuthorize and empower the board of township supervisors to purchase
24 liquids, compounds, or other ingredients for the destruction of noxious weeds, and
25 sprinklers to be used in spraying saidthe liquids or compounds. NoA township
26 shallmay not purchase more than two such sprinklers in any one year.
27 11. To authorizeAuthorize aid to a district fair association within the limits provided in
28 title 4.
29 12. To authorizeAuthorize the levy of township taxes for the repair and construction of
30 roads and bridges and for other township charges and expenses within the limits
31 prescribed in title 57.
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1 13. To directDirect the expenditure of funds raised for the repair and construction of roads
2 within the limits provided in title 24.
3 14. To authorizeAuthorize the dissolution of the township in the manner provided in this
4 title.
5 15. To authorize theAuthorize entering into a contract for fire protection as provided for in
6 section 18-06-10.
7 16. To authorizeAuthorize the expenditure of funds for the eradication of gophers, prairie
8 dogs, crows, or magpies.
9 17. To authorize the expenditure of township funds for weather modification activities.
10 18. To authorizeAuthorize the expenditure of funds to pay membership fees in county,
11 state, and national associations of township governments. This subsection may not be
12 construed to authorize a mill levy.
13 19.18. To supportSupport an airport or to support or create an airport authority and to levy a
14 tax for airport purposes within the limitations of section 2-06-15.
15 20.19. To directDirect the transfer of township funds to a rural fire protection district or rural
16 fire department for fire protection within the township.
17 21.20. To directDirect the transfer of township funds to a rural ambulance service district for
18 emergency medical service within the township.
19 22.21. To establishEstablish special assessment districts in accordance with chapter 58-18.
20 SECTION 3. AMENDMENT. Section 61-02.1-02.1 of the North Dakota Century Code is
21 amended and reenacted as follows:
22 61-02.1-02.1. Funding - Statewide water development projects - Bond issuance
23 amount.
24 1. The priorities for the statewide water development program must be authorized and
25 declared in the public interest. These priorities include municipal,:
26 a. Municipal, rural, and industrial projects; irrigation
27 b. Irrigation projects; general
28 c. General water management projects, including rural flood control, snagging and
29 clearing, channel improvement, recreation, and planning studies; flood and
30 d. Flood control projects; and weather modification projects, which are authorized
31 and declared to be in the public interest.
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1 2. The state water commission may provide the funds necessary to construct thesethe
2 projects authorized under subsection 1 from money appropriated to the state water
3 commission from the resources trust fund or by issuing bonds in an amount not to
4 exceed sixty million dollars plus the costs of issuance of the bonds, capitalized
5 interest, and reasonably required reserves. The proceeds of any bonds issued under
6 the authority provided in this section are appropriated to the state water commission
7 for the purposes set forth in this section.
8 2.3. If the state water commission determines it is appropriate to do so, it may, in lieu of
9 issuing or in combination with the issuance of bonds pursuant to this section or section
10 61-02.1-01, for all or part of the state's cost share for the projects set forth in those
11 provisions, use funds appropriated to it from the resources trust fund.
12 SECTION 4. AMENDMENT. Section 61-16.1-09 of the North Dakota Century Code is
13 amended and reenacted as follows:
14 61-16.1-09. Powers of water resource board.
15 Each water resource board shall have the power and authority to:
16 1. Sue and be sued in the name of the district.
17 2. Exercise the power of eminent domain as follows:
18 a. Except as permitted under subdivision b, the board shall comply with title 32 for
19 the purpose of acquiring and securing by eminent domain any rights, titles,
20 interests, estates, or easements necessary or proper to carry out the duties
21 imposed by this chapter, and particularly to acquire the necessary rights in land
22 for the construction of dams, flood control projects, and other water conservation,
23 distribution, and supply works of any nature and to permit the flooding of lands,
24 and to secure the right of access to suchthe dams and other devices and the
25 right of public access to any waters impounded thereby.
26 b. (1) If the interest sought to be acquired is an easement for a right of way for any
27 project authorized in this chapter for which federal or state funds have been
28 made available, the district may acquire the right of way by quick take
29 eminent domain as authorized by section 16 of article I of the Constitution of
30 North Dakota, after the district attempts to purchase the easement for the
31 right of way by:
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1 (a) Conducting informal negotiations for not less than sixty days.; or
2 (b) If informal negotiations fail, the district shall engageengaging in formal
3 negotiations by:
4 [1] Sending the landowner an appraisal and written offer for just
5 compensation, which includes a specific description of the exact
6 location of the right of way, by certified mail or commercial
7 delivery requiring a signed receipt, and receiving the signed
8 receipt or documentation of constructive notice.
9 [2] Sending the landowner a written request for a meeting by
10 certified mail or commercial delivery requiring a signed receipt if
11 there is no agreement regarding compensation or no response to
12 the written offer within fifteen days of receipt, and receiving the
13 signed receipt or documentation of constructive notice.
14 [3] Sending the landowner a written notice, by certified mail or
15 commercial delivery requiring a signed receipt, of intent to take
16 possession of the right of way if there is no agreement regarding
17 compensation or no response to the written request for a
18 meeting within thirty days of receipt, and receiving the signed
19 receipt or documentation of constructive notice.
20 (2) Any written communication to the landowner must include contact
21 information for responding to the board and a description of the required
22 negotiation timeline.
23 (3) A district may not include or utilizeuse any reference to quick take eminent
24 domain during negotiations to acquire the necessary easement for a right of
25 way. If formal negotiation efforts fail, the district shall request approval from
26 the board of county commissioners of the county in which the right of way is
27 located to take possession of the right of way by quick take eminent domain.
28 After receiving the request, the county commissioners shall hold a public
29 meeting and give the landowner thirty days' notice of the meeting to allow
30 the landowner to attend. After receiving verification from the district that
31 there has been no reference or threat of quick take eminent domain by the
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1 district during negotiations, the commissioners shall vote on whether to
2 approve the taking of the easement for a right of way using quick take
3 eminent domain. If the county commissioners approve the use of quick take
4 eminent domain by a majority vote, the district may take immediate
5 possession of the right of way, but not a blanket easement, if the district files
6 an affidavit by the chairman of the water resource board which states the
7 district has fulfilled the required negotiation steps and deposits the amount
8 of the written offer with the clerk of the district court of the county in which
9 the right of way is located.
10 (4) Within thirty days after notice has been given in writing to the landowner by
11 the clerk of the district court that a deposit has been made for the taking of a
12 right of way as authorized in this subsection, the owner of the property taken
13 may appeal to the district court by serving a notice of appeal upon the
14 acquiring agency, and the matter must be tried at the next regular or special
15 term of court with a jury unless a jury beis waived, in the manner prescribed
16 for trials under chapter 32-15.
17 (5) If ownership of a right of way has not terminated, ownership of a right of way
18 acquired under this subdivision terminates automatically when the district no
19 longer needs the right of way for the purpose for which it was acquired.
20 3. Accept funds and property or other assistance, financial or otherwise, from federal,
21 state, and other public or private sources for the purposes of aiding the construction or
22 maintenance of water conservation, distribution, and flood control projects; and
23 cooperate and contract with the state or federal government, or any department or
24 agency thereof, or any municipality within the district, in furnishing assurances and
25 meeting local cooperation requirements of any project involving control, conservation,
26 distribution, and use of water.
27 4. Procure the services of engineers and other technical experts, and employ an attorney
28 to assist, advise, and act for it in its proceedings.
29 5. Plan, locate, relocate, construct, reconstruct, modify, maintain, repair, and control all
30 dams and water conservation and management devices of every nature and water
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1 channels, and to control and regulate the same and all reservoirs, artificial lakes, and
2 other water storage devices within the district.
3 6. Maintain and control the water levels and the flow of water in the bodies of water and
4 streams involved in water conservation and flood control projects within the district and
5 regulate streams, channels, drains, or watercourses and the flow of water in them by
6 changing, widening, deepening, straightening, or otherwise improving them; or by
7 cleaning out and repairing a drain.
8 7. Regulate and control water for the prevention of floods and flood damages by
9 deepening, widening, straightening, or diking the channels or floodplains of any stream
10 or watercourse within the district, and construct reservoirs or other structures to
11 impound and regulate suchthe waters.
12 8. Make rules and regulations concerning the management, control, regulation, and
13 conservation of waters and prevent the pollution, contamination, or other misuse of the
14 water resources, streams, or bodies of water included within the district.
15 9. Do all things reasonably necessary and proper to preserve the benefits to be derived
16 from the conservation, control, and regulation of the water resources of this state.
17 10. Construct, operate, and maintain recreational facilities, including beaches, swimming
18 areas, boat docking and landing facilities, toilets, wells, picnic tables, trash
19 receptacles, and parking areas, and to establish and enforce rules and regulations for
20 the use thereofof the recreational facilities.
21 11. Have, in addition to any powers provided in this chapter, the authority to construct an
22 assessment drain in accordance with the requirements of this chapter.
23 12. Acquire by lease, purchase, gift, condemnation, or other lawful means and to hold in
24 its corporate name for its use and control