AN ACT to amend and reenact section 61-05-10 of the North Dakota Century Code, relating to the formation of irrigation districts.
Summary
SB 2065 amends North Dakota Century Code section 61-05-10, which governs the process for forming irrigation districts. The bill keeps the existing petition-and-hearing framework but updates the language to reflect that the Department of Water Resources will review the petition, maps, preliminary designs, probable cost, and feasibility study before the hearing and will prepare a summary report or determination on the proposed district’s practicability and feasibility.
The bill also clarifies the notice and filing requirements for proposed irrigation districts. It requires notice of the hearing to be filed with county auditors in each affected county and published for two consecutive weeks in newspapers of general circulation and official county newspapers, with the hearing set at least 20 days after first publication. The department must file its report or determination with each county auditor, make it available for public inspection, and present it to the electors of the proposed district at the hearing on organization.
Impact
The bill makes a targeted procedural change to the laws governing irrigation district formation in Chapter 61-05 by replacing older references to a “report” with a “determination” and by clarifying the Department of Water Resources’ pre-hearing review duties. It does not create a new program or change the substantive standards for whether an irrigation district may be formed, but it does refine the administrative process, public notice, and documentation requirements that apply to proposed districts, county auditors, and electors.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the Senate unanimously, 47-0, and the House overwhelmingly, 91-1, indicating strong bipartisan agreement on the need to update and clarify the irrigation district formation process. The absence of committee transcript discussion suggests there was little public dispute or debate recorded in the available materials.
Contention
No major points of contention are evident in the available record. The only notable issue is the technical nature of the amendment itself: it modernizes terminology and clarifies the Department of Water Resources’ role in evaluating feasibility and presenting its findings. Because the bill concerns irrigation district organization, any potential concerns would likely center on administrative burden, notice requirements, or local control, but the voting record shows almost no opposition.
AN ACT to amend and reenact subsection 1 of section 54-10-14, subsection 1 of section 54-10-15, and sections 61-35-09 and 61-35-10 of the North Dakota Century Code, relating to oversight of water districts.
AN ACT to amend and reenact sections 61-04-05.1, 61-16.1-53.1, and 61-32-08 of North Dakota Century Code, relating to hearing and appeals processes of the department of water resources.
AN ACT to amend and reenact sections 15.1-12-02 and 15.1-12-05 of the North Dakota Century Code, relating to annexation of property to a school district; and to declare an emergency.