AN ACT to amend and reenact section 61-16.1-45 of the North Dakota Century Code, relating to maintenance of drainage projects.
Summary
HB 1280 amends North Dakota law governing the maintenance of assessment drains and other drainage projects. The bill keeps the existing annual maintenance levy cap of $4 per acre on benefited agricultural land, but clarifies that water resource districts may choose between two assessment methods: one based on the relative benefit assessments originally assigned or later reassessed, and another that requires agricultural land to be assessed uniformly while nonagricultural property is assessed based on taxable valuation, up to $2 per $500 of taxable value.
The bill also preserves the ability of a water resource board to accumulate maintenance funds for up to six years when annual levies are not enough to cover cleaning and repair costs. If the cost of maintenance exceeds what can be raised in that six-year period, the board must obtain approval from a majority of landowners before obligating the district for the expense. HB 1280 further adds a voting restriction: a benefited landowner who has not paid the required assessment may not vote on whether the district should incur those costs.
Impact
HB 1280 affects Section 61-16.1-45 of the North Dakota Century Code and primarily changes how drainage maintenance assessments may be calculated and enforced. It gives water resource boards clearer discretion in choosing an assessment method, reinforces levy limits on agricultural and nonagricultural property, and adds a delinquency-based voting restriction for landowners participating in project approval elections. The bill directly impacts drainage districts, water resource boards, agricultural landowners, and nonagricultural property owners within assessment drain areas.
Sentiment
The bill appears to have broad legislative support and little visible opposition. It passed the House unanimously, 91-0, and the Senate by a strong margin, 42-4, suggesting general agreement with the need to clarify and manage drainage maintenance funding. The available record does not include committee testimony, but the vote totals indicate the measure was viewed favorably overall.
Contention
The main policy issues in the bill are how maintenance costs should be allocated among agricultural and nonagricultural property owners and whether landowners who have not paid assessments should be allowed to vote on authorizing additional district obligations. Any opposition likely centers on the fairness of the assessment formulas, the burden on nonagricultural property, or the restriction on voting rights for delinquent landowners. However, the recorded floor votes show only limited dissent, indicating these concerns did not generate significant resistance.
A BILL for an Act to amend and reenact section 61-32-03.3 of the North Dakota Century Code, relating to smaller subsurface water management systems; and to provide a penalty.
A BILL for an Act to amend and reenact section 61-16.1-38, subsection 1 of section 61-16.1-53.1, section 61-32-03, and subsection 1 of section 61-32-08 of the North Dakota Century Code, relating to deadlines for permits issued by the department of water resources.