61-21.1 Water Project Development
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<![CDATA[CHAPTER 61-21.1WATER PROJECT DEVELOPMENT61-21.1-01. Definitions. In this chapter, unless the context or subject matter otherwiserequires:1."Commission" means the state water commission.2."Cost of works" means necessary costs for designing, engineering, surveying, and<br>construction of a water project.3."Landowner" means any person who holds ownership rights in real estate sufficient<br>to have a legally protectable interest in the real estate, including a tenancy or<br>leasehold interest.4."Lender" includes the Bank of North Dakota.5."Person" does not include any governmental entity or an urban or rural water users<br>association.6."Water project" means any project for conserving, draining, and distributing water,<br>including reservoirs, dams, diversion canals, distribution canals, channels, ditches,<br>lateral ditches, drains, dikes, and pumping units, constructed for the purpose of<br>irrigation, watering stock, or supplying water for domestic, agricultural, recreational,<br>fish and wildlife use, flood control, drainage, water conservation and regulation,<br>storage, diversion, or carrying of water.61-21.1-02.Industrial commission to issue bonds - Program administered byagriculture commissioner. Bonds may be issued by the industrial commission pursuant to<br>chapter 4-36 for the purpose of making loans to lenders and requiring the proceeds of the loans<br>to be used by the lenders to make loans to landowners for water projects.The industrialcommission, for the administration of the program established pursuant to this chapter, may<br>delegate to the agriculture commissioner, and the agriculture commissioner is authorized to<br>exercise, all administrative powers granted to the industrial commission pursuant to chapter 4-36.61-21.1-03.Contents of application - Approval by water commission.A waterproject and the cost of works must be approved by the commission before a loan to finance the<br>cost of works is eligible to be made by a lender with the proceeds of a loan from the industrial<br>commission.An application for approval must be in writing in a form prescribed by thecommission and must include:1.The name and address of the applicant;2.An economic analysis of the water project;3.An engineering analysis of the water project;4.An analysis of the water project's impact upon surrounding land and landowners;5.Copies of all governmental permits and licenses and private rights or permissions<br>required to complete the water project;6.Maps, plans, and other documentation describing the water project and its location;7.Proof of the necessary ownership rights to construct the water project; and8.Any other information the commission may require.Page No. 161-21.1-04. Review of applications - Conditions - Approval. An applicant shall submitthe application to the commission. The commission shall review all applications received. If the<br>commission determines that further information is required or that the proposed water project is<br>not meritorious or feasible, the application must be returned to the applicant. Upon return of the<br>application, an applicant may provide the information or make necessary modifications and refile<br>the application. An application that has been returned twice may not be resubmitted without prior<br>approval of the commission. If no further information is required and the commission determines<br>that the proposed water project is meritorious and feasible, the commission shall approve the<br>application and forward it to the agriculture commissioner.61-21.1-05. Meritorious and feasible water project - Determination. A water projectis meritorious and feasible if it meets the following criteria:1.The benefit of the water project must exceed all costs of the water project, or be<br>beneficial for water conservation, fish and wildlife, and recreation use.2.The water project must be designed, engineered, surveyed, and constructed in a<br>safe manner using existing proven knowledge and techniques.3.All governmental permits and rights and private rights or permissions required to<br>complete the water project must be obtained.61-21.1-06.Eminent domain unaffected.The approval or provision of financialassistance for any water project under this chapter does not change the right of any entity to<br>exercise the power of eminent domain. The exercise of the power of eminent domain under this<br>chapter is subject to chapter 32-15.61-21.1-07.Assumption of liability - Condition to obtaining funding.The stateassumes no liability and provides no guarantee that a water project that is financially assisted<br>under this chapter will not cause damages or will operate as expected. In order to obtain any<br>financial assistance under this chapter, a landowner shall agree in writing to indemnify and hold<br>harmless the state, its employees, and its agents and assigns, for any liability or claim of liability<br>arising from the establishment, construction, reconstruction, repair, maintenance, or operation of<br>the water project.Page No. 2Document Outlinechapter 61-21.1 water project development]]>