Legislative Liaison Issue 14

Southwest Water Authority Bills

HB 1278 Relates to the removal of the City of Mandan from the Southwest Water Authority.

This bill was originally written to remove the City of Mandan from the Southwest Water Authority, however; it was amended so that rather than remove Mandan, the City will now have representation on the Southwest Water Authority board of directors.

SB 2193 Relates to the powers and duties and tax levy of the Southwest Water Authority.

This bill added 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 extends the year from 2010 to 2020, through which the authority may levy taxes.

Garrison Diversion Conservancy District/Red River Valley Water Supply Bills

SB 2298 Relates to authorizing revenue bonds for the Red River Valley Water Supply Project; relating to the Garrison Conservancy District.

The bill allows water to be made available to areas outside the Garrison Diversion Conservancy District, adds pipelines to the list of facilities which the District can exercise the power of eminent domain, allows the District to borrow money as well as issue and sell revenue bonds, allows the District to distribute water to western Minnesota, and allows the District to enter into water service contracts.

SB 2317 Relates to the funding plan for the Red River Valley Water Supply Project.

SB 2317 establishes that the State through the State Water Commission will provide a one-third share of the cost of constructing the Red River Valley Water Supply Project and allows appropriated general funds to be carried over to future bienniums, and allows that State funding be appropriated concurrently or separately from the Federal and local funding.

The original version of this bill stated that the one-third share must be provided by funds from bonding and by appropriations from the resources trust fund or the general fund. The House amended the bill by removing that requirement.

SB 2336 Relates to the duties of the Garrison Diversion Conservancy District and the State Water Commission.

This bill that Senators Tom Fischer and Robert Erbele, and Representatives Kathy Hawken and Scot Kelsh sponsored was originally meant to eliminate the Garrison Diversion Conservancy District and turn over all records, property, duties, liabilities, etc. to the State Water Commission.

After numerous amendments, the final outcome was that rather than dissolve the District, a Water-related Topics Overview Committee will be appointed by the Legislative Council in the same manner as the council appoints other interim committees. The committee must meet quarterly and is responsible for legislative overview of water-related topics and related matters and for any necessary discussions with adjacent states on water-related topics. The committee will consist of nine members and the Legislative Council shall designate the chairman of the committee. The committee shall operate according to the statutes and procedure governing the operation of other Legislative Council interim committees.

Extraterritorial Zoning Jurisdiction Bills

HB 1554 relates to extraterritorial zoning jurisdiction of cities.

See Bismarck Tribune article of May 13 for more information.

SB 2027 also relates to extraterritorial zoning jurisdiction of cities. This bill failed to pass.

Miscellaneous Bills

HB 1305 provides an appropriation to the State Water Commission for water supply project grants.

HB 1305 originally appropriated $2.1 million from the Permanent Oil Trust Fund for the R & T Water Supply Association. In the end, this bill provided a grant of up to $864,000 to assist in the local cost-share of the R & T Water Supply Project, a grant of up to $985,000 to assist in the local cost-share of Burke, Divide, and Williams Rural Water, a grant of up to $593,000 to assist in the local cost-share of the Wildrose Water Supply Project, and provided a grant of up to $350,000 to assist in the repayment of outstanding bonds associated with the Stanley Water Pipeline Construction Project.

HB 1487 relates to the receipt of federal economic stimulus funding or fiscal relief funding.

This bill allows the State to accept funding made available to stimulate the national economy or to address State fiscal recovery but the funding may not be spent until appropriated by the Legislative Assembly or the Emergency Commission.

SB 2401 relates to requirements for plans and specifications and bids for public improvements.

This bill was originally written to increase the cost limit from one hundred to two hundred thousand dollars for requiring design plans and specifications by a registered architect or engineer and requires bidding only for projects exceeding two hundred thousand dollars. The House amended this bill to consider a study rather than to enact a law.

SB 2440 relates to chemigation site permits and provides for a Legislative Council report.

Although SB 2440 was defeated in the Senate by a narrow margin, water resource advocates have not given up on pushing for stricter rules on the use of irrigation systems that apply farm chemicals (chemigation) in ND. Read more HERE.