Bill
SB 2065
Requires the Department of Water Resources to publish a feasibility determination for proposed irrigation districts before the organizing hearing, and share it publicly.
Amends and reenacts NDCC §61‑05‑10 (formation of irrigation districts)
Status
- Introduced by: Energy and Natural Resources Committee (at the request of the Department of Water Resources)
- Enacted: Passed Senate (47–0) and House (91–1); signed by Governor 05/15/2025; effective immediately 05/15/2025.
Purpose and intent
- To clarify and standardize the Department of Water Resources’ procedures and public‑notice requirements when reviewing petitions to form irrigation districts, and to ensure electors and county officials receive a written feasibility determination prior to the organizing hearing.
Key provisions
- Department review and hearing scheduling:
- The Department of Water Resources must examine the petition, maps, plans, probable cost, and other data for a proposed irrigation district and set a time and place for a hearing on the petition.
- Public notice:
- A notice that the petition will be heard must be filed with each county auditor for counties in which the proposed district lies.
- The notice must be published once a week for two consecutive weeks in general‑circulation newspapers where the district is located and in each county’s official newspaper.
- The hearing date must be at least 20 days after the first publication.
- Feasibility report / determination:
- Before the hearing the Department must review maps, preliminary designs, probable cost, and the feasibility study and prepare (or cause to be prepared) a summary report showing probable cost and a determination outlining the practicability and feasibility of the proposed irrigation plan.
- A copy of that report/determination must be filed with each county auditor where the proposed district is situated and made available for public inspection.
- The Department must submit the report/determination to the electors of the proposed district at the hearing on the petition.
Who is affected
- Department of Water Resources: responsible for review, preparing the report/determination, and filing/submitting it to officials and electors.
- County auditors and local newspapers: receive notices and host public filings/records.
- Petitioners (landowners) and electors in proposed irrigation districts: receive the feasibility determination and participate in the organizing hearing.
- General public: gains access to the Department’s feasibility determination prior to the hearing.
Procedural/timeline implications
- Establishes minimum public‑notice timeline (publication twice, hearing ≥20 days after first notice).
- Requires the Department to complete and file a feasibility determination prior to the hearing, which may affect staff workload and timing for district organization.
- Enhances transparency by requiring the report be publicly available and presented to electors at the hearing.
Fiscal impact
- The text does not specify funding amounts; potential minor administrative costs or workload increases for the Department and county auditors to prepare, file, publish, and disseminate the determination.
Compiled from official sources — confirm details with the bill’s official record.
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