Summary and status of select bills that may be of particular interest to the rural water community:

HB 1020 (At the request of the Governor) A BILL for an Act to provide an appropriation for defraying the expenses of the state water commission; to provide legislative intent; to provide an exemption; to provide a line of credit; and to provide an appropriation for repayment of the line of credit.

This is the operating budget bill for the State Water Commission.

Sponsor(s): Appropriations Committee

Sponsor(s): Rep. Porter, R. Kelsch & Sen. Cook

This bill would provide an appropriation from the permanent oil tax trust fund to the State Water Commission to provide a grant of $1.75 million to the R & T Water Supply Association to assist in the local cost share and a $350,000 grant for the assistance in repaying of bonds for the City of Stanley water pipeline.

Sponsor(s): Rep. Skarphol, Rust & Sen. Andrist

This bill states that notwithstanding any other provision of law, any federal funds made available to the state from federal action to stimulate the national economy, may be accepted, but may not be spent until appropriated by the legislative assembly.

Sponsor(s): Rep. Carlson, Boucher & Sen. Stenehjem, O'Connell

This bill amends section 40-47-01.1 of the ND Century Code to reduce a city's zoning authority in any quarter quarter section of unincorporated territory if a majority of the quarter quarter section is located within one-half mile of the corporate limits of the city.  Currently, rather than a half-mile, the authority ranges from one-four miles depending on the population of the city.  Also, a city exercising its extraterritorial subdivision or zoning authority cannot adopt any regulation other than a regulation adopted by the governmental entity exercising subdivision or zoning authority in the area before extension of the city's authority.

Sponsor(s): Rep. Damschen, D. Johnson, Wrangham & Sen. Klein 

The reasoning behind this concurrent resolution is because current language preserves the rights of the states over land and water use planning. A change in the language from "navigable water" to "waters of the United States" may transfer this responsibility to the Federal government which would undermine the states' authority to plan the development and use of land and water resources and to allocate water within each state's jurisdiction.

Sponsor(s): Rep. Brandenburg, Belter, Boe & Sen. Heckaman, O'Connell, Wanzek

This is another bill relating to extraterritorial zoning jurisdiction of cities; however, this one retains the current extraterritorial limits of one mile for a city with a population of fewer than five thousand, two miles for a city with a population of at least five thousand but fewer than twenty-five thousand, and four miles for a city of twenty-five thousand or more.  It also states that the zoning and subdivision regulations of the city govern the entire extraterritorial area assumed by the city.  Lastly, it provides for a mediation process if the extraterritorial jurisdiction of one city overlaps into another city's extraterritorial jurisdiction.   

Sponsor(s): Introduced by Legislative Council

This bill adds a declaration to study and further develop water resources to provide adequate water supplies for energy, industrial, agriculture, and other opportunities in southwest North Dakota. It also changes the year from 2010 to 2020, through which the authority may levy taxes.

Sponsor(s):Sen. Wardner, Christmann, Robinson & Rep. Hanson, Hofstad, Nottestad

This bill amends section 61-04-03 of the North Dakota Century Code and basically states that applications must designate the estimated target aquifer and depth of the proposed water appropriation.  It also states that the distance for notifying potentially impacted parties is increased from a one mile radius to two miles.

Sponsor(s): Sen. Mathern, Potter & Rep. Drovdal, S. Meyer, Mock, Onstad

Sponsor(s): Sen. G. Lee, Anderson, Wanzek & Rep. Berg, S. Kelsh, Pollert

This bill requires the State Water Commission to provide sixty-five percent of the funding for any flood control project eligible for state cost-sharing or matching funds.

Sponsor(s): Sen. Fischer, Flakoll, Robinson & Rep. Damschen, Kaldor, S. Kelsh

This bill amends section 61-24.7-01 of the North Dakota Century Code and states that the State Water Commission will provide a one-third share of the cost of the Red River Valley Water Supply Project.  It also sates that the share must be provided by funds from bonding and by appropriations from the resources trust fund or the general fund. 

Sponsor(s): Sen. Fischer, Flakoll, Nelson & Rep. Hawken, Hofstad, Kaldor 

This bill in effect eliminates the Garrison Diversion Conservancy District and transfers all its powers, responsibilities, funding, etc. to the State Water Commission.

Sponsor(s): Sen. Fischer, Erbele & Rep. Hawken, S. Kelsh 

This bill increases the cost limit from $100,000 to $200,000 for requiring plans and specifications by a registered professional engineer or architect and requires bidding for projects when over $200,000.

Sponsor(s): Sen. O'Connell, Olafson & Rep. Hunskor, Klein

This bill adds a new section to chapter 4-35.1 of the North Dakota Century Code that states that any person engaging in chemigation must obtain a permit from the Commissioner of Agriculture for each chemigation site.  It also requires the Commissioner to report to the Legislative Council on the status of the rules as they relate to chemigation through irrigation systems and which must address check valves, secondary containment systems, and any other requirements to ensure the safety of the water supply.

Sponsor(s): Sen. Lindaas, Olafson & Rep. Kaldor, Monson, Schmidt