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SB 2276

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.

69th Legislative Assembly (2025-26) Introduced by Larry Luick

Reinforces joint water resource boards for multi-county projects, allowing up to two mills tax by beneficiary districts and mandatory formation of joint boards with equal district

Filed with Secretary Of State 04/25
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Bill Summary · SB 2276

Summary — SB 2276 (North Dakota, 2025)

Status: Filed with Secretary of State 04/25/2025. Introduced March 11, 2025 (Sen. Luick).

Purpose

SB 2276 amends and reenacts portions of the Water Resource District chapter (NDCC §§ 61‑16.1‑11, 61‑16.1‑15.1, and 61‑16.1‑59). Its primary intent is to (1) clarify and expand rules for joint exercise of powers by water resource districts through joint water resource boards, (2) require formation of joint boards for projects that benefit or are located in more than one county, and (3) amend procedures related to confirmation of special actions (section 61‑16.1‑59).

Key provisions and changes

  • Joint boards as political subdivisions:

    • A joint water resource board created under §61‑16.1‑11 is a political subdivision of the state.
    • The agreement creating a joint board must state purpose, powers, and method of exercise; the joint board must have an equal number of members from each member district (members’ number, terms, or qualifications may be specified by agreement).
    • Residence requirements for holding district office do not apply to officers appointed to carry out a joint agreement.

  • Budgeting and taxation:

    • A joint board may adopt an annual budget (by July 1) and member districts may levy, by resolution, a tax up to two mills on taxable real property within each member district/river basin or region subject to the agreement. The levy may exceed other levies otherwise authorized for a district.
    • Half of levy proceeds go to the joint board’s administrative fund (regulatory activities and construction/maintenance of projects of common benefit); the remainder goes to construction funds for projects benefiting more than one district.
    • Joint boards must account for funds and report receipts/disbursements to the State Water Commission as prescribed.

  • Mandated formation of joint boards for multi‑county projects (§61‑16.1‑15.1):

    • Two or more districts that will construct or assess a project located in or benefiting more than one county must create a joint board under §61‑16.1‑11 before beginning construction or assessments.
    • If districts do not agree to a joint project, a district may nevertheless undertake the project by providing notice and the required engineer’s report to the joint board for projects located in specified major drainage basins (listed in the bill).
    • Joint boards (or districts proceeding under notice) must follow existing statutory procedures (§§ 61‑16.1‑15 through 61‑16.1‑36) for project creation, assessments, and issuance of special warrants.
    • Reassessment provisions: if reassessment shows property in another county benefits, the notifying district must ask to form a joint board; if refused, the district may proceed and include the property in the assessment; affected landowners retain appeal rights. County auditors must levy assessments as directed; refusal may be addressed by a writ of mandamus (chapter 32‑34), and prevailing joint board/district may recover costs and reasonable attorneys’ fees.
    • Provisions address deadlock among joint board members (text truncated in provided materials; bill continues procedures to resolve disagreements).

  • Drainage‑basin agreements:

    • All districts within named drainage basins (e.g., Red River, James River, Mouse River, Missouri River, Devils Lake — the bill includes various basin lists in different drafts) must, by agreement, form and remain members of a joint water resource board for their basin; agreements and amendments must be filed with the Department of Water Resources.

  • Section 61‑16.1‑59:

    • The bill also amends §61‑16.1‑59 (proceedings to confirm special actions), but the specific revised language was not included in the materials provided.

Who is affected

  • Water resource districts and their boards (required to form joint boards for multi‑county projects).
  • County auditors (directed to levy assessments per joint board/district determinations).
  • Landowners within assessment districts (subject to assessments; retain appeal rights).
  • Taxpayers within affected districts (subject to up to two‑mill levy).
  • State Water Commission and Department of Water Resources (reporting and filing of agreements).
  • Potentially county commissioners in specified basins (authority to approve the levy).

Procedural / timeline notes

  • Introduced March 11, 2025; read and referred to Natural Resources; Rule and committee deadlines listed in legislative history; filed with Secretary of State on 04/25/2025.
  • The bill retroactively notes application for §61‑16.1‑11 (the statute as amended includes a “Retroactive application” note).

Potential impacts / considerations

  • Strengthens and centralizes inter‑county coordination for multi‑county water projects by requiring joint boards and clearly allocating budgeting and assessment authority.
  • Could expedite multi‑county projects by clarifying procedures, but may increase administrative coordination demands and create new tax levies (up to two mills) for local property owners.
  • The requirement that joint boards have equal representation from member districts and that agreements be filed with the Department of Water Resources increases formal oversight and uniformity across drainage basins.
  • Stakeholders — especially county auditors, district boards, and landowners facing reassessment — should review the bill’s procedural timelines, appeal rights, and the unspecified amendments to §61‑16.1‑59 when final text is available.

Compiled from official sources — confirm details with the bill’s official record.

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