AN ACT to amend and reenact sections 61-16.1-11, 61-16.1-15.1, and 61-16.1-59 of the North Dakota Century Code, relating to the joint exercise of powers of joint water resource boards, mandating the formation of joint water resource boards for projects affecting two or more counties, and proceedings to confirm special actions.
SB 2276 revises North Dakota law governing joint water resource boards and the handling of water projects that affect more than one county. It requires districts in the Red River, James River, Mouse River, Missouri River, and Devils Lake drainage basins to form and remain members of a joint water resource board for their basin, and it expands the authority of those joint boards to coordinate planning, budgeting, contracting, and tax levies for basin-wide projects. The bill also clarifies how joint boards are constituted, including equal representation from participating districts, and preserves their status as political subdivisions of the state.
The bill further changes the process for projects located in or benefiting multiple counties by requiring a joint board before construction and assessment, while also setting procedures for notice, reassessment, and county auditor levy duties. If local officials fail to cooperate, the bill authorizes mandamus actions and allows courts to award costs and attorney’s fees. It also creates a dispute-resolution path: mediation through the North Dakota mediation service, review by the Department of Water Resources, and then appeal to district court if needed. Finally, it expands the ability of water resource boards to seek judicial confirmation of contracts, special assessments, warrants, and other special actions, including when another board fails to cooperate in good faith.
SB 2276 amends sections 61-16.1-11, 61-16.1-15.1, and 61-16.1-59 of the North Dakota Century Code to make joint water resource boards mandatory for certain multi-county drainage basins and to tighten the procedures for multi-county water projects and assessments. It affects water resource districts, county boards, county auditors, landowners subject to assessments, the Department of Water Resources, and the North Dakota mediation service. The bill also authorizes basin-level tax levies up to two mills, clarifies assessment and reassessment authority, and adds enforcement and confirmation mechanisms for joint board actions.
The bill appears to have broad legislative support. It passed the Senate unanimously and the House by a wide margin, with only one dissenting vote in the House. The vote pattern suggests general agreement with the bill’s goal of improving coordination and resolving disputes in regional water management, especially for projects crossing county lines.
The main points of contention are structural and procedural rather than ideological. The bill centralizes authority by requiring joint boards in specified drainage basins and by compelling cooperation on projects affecting more than one county, which may concern local districts that prefer more autonomy. It also gives the Department of Water Resources a formal role in resolving disputes and allows courts to award attorney’s fees and costs when a board or county auditor fails to cooperate, creating potential friction over enforcement and oversight. The lone House dissent suggests at least some concern about mandatory participation, assessment authority, or the expanded dispute-resolution framework.