GeoLawWatch: Tracking Weather & Climate Legislation

A BILL for an Act to create and enact a new section to chapter 61-01 of the North Dakota Century Code relating to weather modification operations in the state to amend and reenact subsection 1 of section 37-17.1-11 and sections 58-03-07 61-02.1-02.1 and 61-16.1-09 of the North Dakota Century Code relating to weather modification to repeal section 37-17.1-15 and chapter 61-04.1 of the North Dakota Century Code relating to weather modification and to provide a penalty
BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA
SECTION 1 AMENDMENT Subsection 1 of section 37-17.1-11 of the North Dakota Century Code is amended and reenacted as follows
1 In addition to disaster or emergency mitigation measures as included in the state and local disaster or emergency operational plans the governor shall consider on a continuing basis steps that may be taken to mitigate or reduce the harmful consequences of disasters or emergencies At the governors direction and pursuant to any other authority and capability of state agencies state agencies charged with responsibilities in connection with floodplain management stream encroachment and flow regulation fire prevention and control air quality public works land use and land use planning and construction standards shall make studies of disaster or emergency mitigation-related matters The governor periodically shall make recommendations to the legislative assembly local governments and other appropriate public and private entities as may facilitate measures for mitigation or reduction of the harmful consequences of disasters or emergencies
SECTION 2 AMENDMENT Section 58-03-07 of the North Dakota Century Code is amended and reenacted as follows
58-03-07 Powers of electors
The electors of each township have the power at the annual township meeting to
1 Establish one or more pounds within the township to determine the location of the pounds to determine the number of poundmasters and to choose the poundmasters and to discontinue pounds which have been established
2 Select the township officers required to be chosen
3 Direct the institution or defense of actions in all controversies in which the township is interested
4 Direct the raising of the sums deemed necessary to prosecute or defend actions in which the township is interested
5 Make all rules and regulations for the impounding of animals
6 Make bylaws rules and regulations as may be deemed necessary to carry into effect the powers granted to the township
7 Impose penalties for each offense on persons offending against any rule or regulation established by the township
8 Apply penalties when collected in the manner deemed most conducive to the interests of the township
9 Ratify or reject recommendations offered by the board of township supervisors for the expenditure of funds for the purpose of purchasing building sites and for the purchase location erection or removal of any building or erection for township purposes A recommendation may not be adopted except by a two-thirds vote of the electors present and voting at any annual township meeting
10 Authorize and empower the board of township supervisors to purchase liquids compounds or other ingredients for the destruction of noxious weeds and sprinklers to be used in spraying the liquids or compounds A township may not purchase more than two such sprinklers in any one year
11 Authorize aid to a district fair association within the limits provided in title 4
12 Authorize the levy of township taxes for the repair and construction of roads and bridges and for other township charges and expenses within the limits prescribed in title 57
13 Direct the expenditure of funds raised for the repair and construction of roads within the limits provided in title 24
14 Authorize the dissolution of the township in the manner provided in this title
15 Authorize entering into a contract for fire protection as provided for in section 18-06-10
16 Authorize the expenditure of funds for the eradication of gophers prairie dogs crows or magpies
17 Authorize the expenditure of funds to pay membership fees in county state and national associations of township governments This subsection may not be construed to authorize a mill levy
18 Support an airport or to support or create an airport authority and to levy a tax for airport purposes within the limitations of section 2-06-15
19 Direct the transfer of township funds to a rural fire protection district or rural fire department for fire protection within the township
20 Direct the transfer of township funds to a rural ambulance service district for emergency medical service within the township
21 Establish special assessment districts in accordance with chapter 58-18
SECTION 3 AMENDMENT Section 61-02.1-02.1 of the North Dakota Century Code is amended and reenacted as follows
61-02.1-02.1 Funding Statewide water development projects Bond issuance amount
1 The priorities for the statewide water development program must be authorized and declared in the public interest These priorities include
a Municipal rural and industrial projects
b Irrigation projects
c General water management projects including rural flood control snagging and clearing channel improvement recreation and planning studies
d Flood control projects
2 The state water commission may provide the funds necessary to construct the projects authorized under subsection 1 from money appropriated to the state water commission from the resources trust fund or by issuing bonds in an amount not to exceed sixty million dollars plus the costs of issuance of the bonds capitalized interest and reasonably required reserves The proceeds of any bonds issued under the authority provided in this section are appropriated to the state water commission for the purposes set forth in this section
3 If the state water commission determines it is appropriate to do so it may in lieu of issuing or in combination with the issuance of bonds pursuant to this section or section 61-02.1-01 for all or part of the states cost share for the projects set forth in those provisions use funds appropriated to it from the resources trust fund
SECTION 4 AMENDMENT Section 61-16.1-09 of the North Dakota Century Code is amended and reenacted as follows
61-16.1-09 Powers of water resource board
Each water resource board shall have the power and authority to
1 Sue and be sued in the name of the district
2 Exercise the power of eminent domain as follows
a Except as permitted under subdivision b the board shall comply with title 32 for the purpose of acquiring and securing by eminent domain any rights titles interests estates or easements necessary or proper to carry out the duties imposed by this chapter and particularly to acquire the necessary rights in land for the construction of dams flood control projects and other water conservation distribution and supply works of any nature and to permit the flooding of lands and to secure the right of access to the dams and other devices and the right of public access to any waters impounded thereby
b 1 If the interest sought to be acquired is an easement for a right of way for any project authorized in this chapter for which federal or state funds have been made available the district may acquire the right of way by quick take eminent domain as authorized by section 16 of article I of the Constitution of North Dakota after the district attempts to purchase the easement for the right of way by
a Conducting informal negotiations for not less than sixty days or
b If informal negotiations fail engaging in formal negotiations by
1 Sending the landowner an appraisal and written offer for just compensation which includes a specific description of the exact location of the right of way by certified mail or commercial delivery requiring a signed receipt and receiving the signed receipt or documentation of constructive notice
2 Sending the landowner a written request for a meeting by certified mail or commercial delivery requiring a signed receipt if there is no agreement regarding compensation or no response to the written offer within fifteen days of receipt and receiving the signed receipt or documentation of constructive notice
3 Sending the landowner a written notice by certified mail or commercial delivery requiring a signed receipt of intent to take possession of the right of way if there is no agreement regarding compensation or no response to the written request for a meeting within thirty days of receipt and receiving the signed receipt or documentation of constructive notice
2 Any written communication to the landowner must include contact information for responding to the board and a description of the required negotiation timeline
3 A district may not include or use any reference to quick take eminent domain during negotiations to acquire the necessary easement for a right of way If formal negotiation efforts fail the district shall request approval from the board of county commissioners of the county in which the right of way is located to take possession of the right of way by quick take eminent domain After receiving the request the county commissioners shall hold a public meeting and give the landowner thirty days notice of the meeting to allow the landowner to attend After receiving verification from the district that there has been no reference or threat of quick take eminent domain by the district during negotiations the commissioners shall vote on whether to approve the taking of the easement for a right of way using quick take eminent domain If the county commissioners approve the use of quick take eminent domain by a majority vote the district may take immediate possession of the right of way but not a blanket easement if the district files an affidavit by the chairman of the water resource board which states the district has fulfilled the required negotiation steps and deposits the amount of the written offer with the clerk of the district court of the county in which the right of way is located
4 Within thirty days after notice has been given in writing to the landowner by the clerk of the district court that a deposit has been made for the taking of a right of way as authorized in this subsection the owner of the property taken may appeal to the district court by serving a notice of appeal upon the acquiring agency and the matter must be tried at the next regular or special term of court with a jury unless a jury is waived in the manner prescribed for trials under chapter 32-15
5 If ownership of a right of way has not terminated ownership of a right of way acquired under this subdivision terminates automatically when the district no longer needs the right of way for the purpose for which it was acquired
3 Accept funds and property or other assistance financial or otherwise from federal state and other public or private sources for the purposes of aiding the construction or maintenance of water conservation distribution and flood control projects and cooperate and contract with the state or federal government or any department or agency thereof or any municipality within the district in furnishing assurances and meeting local cooperation requirements of any project involving control conservation distribution and use of water
4 Procure the services of engineers and other technical experts and employ an attorney to assist advise and act for it in its proceedings
5 Plan locate relocate construct reconstruct modify maintain repair and control all dams and water conservation and management devices of every nature and water channels and to control and regulate the same and all reservoirs artificial lakes and other water storage devices within the district
6 Maintain and control the water levels and the flow of water in the bodies of water and streams involved in water conservation and flood control projects within the district and regulate streams channels drains or watercourses and the flow of water in them by changing widening deepening straightening or otherwise improving them or by cleaning out and repairing a drain
7 Regulate and control water for the prevention of floods and flood damages by deepening widening straightening or diking the channels or floodplains of any stream or watercourse within the district and construct reservoirs or other structures to impound and regulate the waters
8 Make rules and regulations concerning the management control regulation and conservation of waters and prevent the pollution contamination or other misuse of the water resources streams or bodies of water included within the district
9 Do all things reasonably necessary and proper to preserve the benefits to be derived from the conservation control and regulation of the water resources of this state
10 Construct operate and maintain recreational facilities including beaches swimming areas boat docking and landing facilities toilets wells picnic tables trash receptacles and parking areas and to establish and enforce rules and regulations for the use of the recreational facilities
11 Have in addition to any powers provided in this chapter the authority to construct an assessment drain in accordance with the requirements of this chapter
12 Acquire by lease purchase gift condemnation or other lawful means and to hold in its corporate name for its use and control both real and personal property and easements and rights of way within or without the limits of the district for all purposes authorized by law or necessary to the exercise of any other stated power
13 Convey sell dispose of or lease personal and real property of the district as provided by this chapter
14 Authorize and issue warrants to finance construction of water conservation and flood control projects assess benefited property for part or all of the cost of the projects and require appropriations and tax levies to maintain sinking funds for construction warrants on a cash basis at all times
15 Borrow money within the limitations imposed by this chapter for projects authorized under this chapter and pledge security for the repayment of the loans
16 Order or initiate appropriate legal action to compel the entity responsible for the maintenance and repair of any bridge or culvert to remove from under within and around the bridge or culvert all dirt rocks weeds brush shrubbery other debris and any artificial block that hinders or decreases the flow of water through the bridge or culvert
17 Order or initiate appropriate legal action to compel the cessation of the destruction of native woodland bordering within two hundred feet of that portion of a riverbank subject to overflow flooding that will cause extensive property damage or in the alternative order that if the destruction is permitted the party or parties responsible for the destruction must when the board has determined that the destruction will cause excessive property damage from overflow flooding due to the erosion or blocking of the river channel plant a shelterbelt which meets the specifications of the board In the event the native woodland within the area has already been destroyed the board may in its discretion order the planting of a shelterbelt which in the judgment of the board will curtail the erosion or blocking of the river channel where overflow flooding has caused extensive property damage For purposes of this subsection the words riverbank and river channel relate to rivers as defined in the United States geological survey base map of North Dakota edition of 1963 The provisions of this subsection may not be construed to limit impair or abrogate the rights powers duties or functions of any federal state or local entity to construct and maintain any flood control irrigation recreational or municipal or industrial water supply project
18 Petition any zoning authority established pursuant to chapter 11-33 11-35 or 40-47 or section 58-03-13 to assume jurisdiction over a floodplain for zoning purposes when the zoning is required to regulate and enforce the placement erection construction reconstruction repair and use of buildings and structures to protect and promote the health safety and general welfare of the public within a floodplain area In the event the zoning authority fails to act or does not exist the board may request the state water commission to assist the board in a study to determine and delineate the floodplain area Upon completion of the study the board shall make suitable recommendations for the establishment of a floodplain zone to all zoning authorities and the governing bodies of all political subdivisions having jurisdiction within the floodplain area
19 Plan locate relocate construct reconstruct modify extend improve operate maintain and repair sanitary and storm sewer systems or combinations thereof including sewage and water treatment plants and regulate the quantity of sewage effluent discharged from municipal lagoons and contract with the United States government or any department or agency of the United States government or any private or public corporation or limited liability company the government of this state or any department agency or political subdivision thereof or any municipality or person with respect to any such systems
20 Develop water supply systems store and transport water and provide contract for and furnish water service for domestic municipal and rural water purposes irrigation milling manufacturing mining metallurgical and any and all other beneficial uses and fix the terms and rates therefor Each district may acquire construct operate and maintain dams reservoirs ground water storage areas canals conduits pipelines tunnels and any and all works facilities improvements and property necessary therefor
21 Coordinate proposals for installation modification or construction of culverts and bridges in an effort to achieve appropriate sizing and maximum consistency of road openings The department of transportation railroads counties and townships shall cooperate with the districts in this effort Each district shall also consider the possibility of incorporating appropriate water control structures where appropriate as a part of the road openings
22 Plug abandoned water wells and participate in cost-sharing arrangements with water well owners to plug water wells to protect aquifers from pollution or depletion maintain pressure and prevent damage to surrounding property
23 Establish deepen widen and improve drains and extend drains as necessary to provide a suitable outlet or reasonably drain lands within a practical drainage area
24 Install artificial subsurface drainage systems
SECTION 5 A new section to chapter 61-01 of the North Dakota Century Code is created and enacted as follows
Weather modification prohibited Penalty
1 It is a class B misdemeanor for a person to perform or contract for the performance of weather modification in the state
2 As used in this section weather modification means and extends to the control alteration and amelioration of weather elements including human-caused changes in the natural precipitation process hail suppression or modification and alteration of other weather phenomena including clouds temperature wind direction and velocity and the initiating increasing decreasing and otherwise modifying by artificial methods of precipitation in the form of rain snow hail mist or fog through cloud seeding electrification or by other means to provide immediate practical benefits
SECTION 6 REPEAL Section 37-17.1-15 and Chapter 61-04.1 of the North Dakota Century Code are repealed