AN ACT to amend and reenact section 61-34-04 of North Dakota Century Code, relating to eligibility for the drought disaster livestock water assistance program.

69th Legislative Assembly (2025-26)

Expands drought livestock water aid by allowing projects begun without prior approval and on Indian land to qualify, after USDA FSA denial if applicable.

Filed with Secretary Of State 03/14

Main purpose

To clarify and expand eligibility and application procedures for North Dakota’s Drought Disaster Livestock Water Assistance Program administered by the Department of Water Resources (the “program”), including explicit eligibility for projects located on Indian land and allowing certain projects begun after applying to remain eligible for state funding consideration.

Key provisions

Amends NDCC § 61-34-04 (Eligibility — Application for assistance).

Applicant prerequisite: applicants with livestock water supply problems caused by drought must first apply for water cost-share assistance from the U.S. Department of Agriculture Farm Service Agency (USDA FSA).

If USDA FSA denies cost-share assistance, the applicant may forward the FSA application to the state commission for consideration; the forwarded application must include documentation from USDA FSA stating the reason for denial.

The Department of Water Resources must review all applications received by the commission.

Clarifies that, notwithstanding other law, a water supply project that was commenced after the applicant applied for state funding — but that was started without prior Department approval — remains eligible for funding consideration.

The Department will provide funds to approved applications only in accordance with program rules/eligibility criteria and only to the extent funding is available.

Explicitly adds that drought disaster livestock water assistance projects located on Indian land are eligible for the program.

Who is affected

Primary: livestock producers and ranchers in North Dakota experiencing livestock water shortages due to drought, including tribal/Indian land operators.

Agencies: Department of Water Resources (program administration and application review), the State Water Commission (as the commission referenced), and USDA FSA (as the required initial cost‑share application source).

Potentially affected: state budget and appropriations if program demand rises.

Procedural/timeline notes and status

Statute amended: NDCC § 61-34-04.

Sponsor/Request: Introduced by the House Agriculture Committee at the request of the Department of Water Resources (Sixty-ninth Legislative Assembly, Regular Session 2025).

According to provided information, the bill was approved by both chambers (House and Senate vote tallies listed in the enrolled copy) and was filed with the Secretary of State on 03/14/2025.

Funding remains discretionary: payments are made only “to the extent that funding is available,” so program expansion does not guarantee additional appropriations.

Potential impact (practical considerations)

Broadens practical access to state assistance by: (1) allowing projects already started without prior Department approval to still be considered; and (2) explicitly including projects on Indian land.

May increase application volume and pressure on available program funds; applicants must exhaust or be denied USDA FSA cost-share before state consideration, which keeps federal coordination central.

Requiring an official USDA denial letter may delay state consideration for some applicants but ensures the state targets applicants who lack federal cost-share support.

Bill