Articles of organization or bylaws may restrict sales to members - When membership interest to become appurtenant to land - Sale of water to others
N.D. Cent. Code § 61-13-03.1
in effect61-13-03.1. Articles of organization or bylaws may restrict sales to members - When
membership interest to become appurtenant to land - Sale of water to others.
Any limited liability company organized for irrigation purposes may provide in the articles of
organization or bylaws that water must be sold, distributed, supplied, or delivered only to owners
of the limited liability company's membership interests and that these membership interests
must be appurtenant to the land described in the document evidencing these membership
interests. If a copy of the articles of organization or bylaws is recorded in the office of the
recorder of the county in which the lands are situated, the membership interests become
appurtenant to the lands and may be transferred only with the sale or transfer of the lands,
except in the event of sale or forfeiture of the membership interests for delinquent assessments
on the land as provided in section 61-13-04. Notwithstanding any provision in the limited liability
company's articles of organization or bylaws, any limited liability company organized for
irrigation purposes may sell water to an irrigation district, this state, or any department or
agency of this state, and to the United States, or any department or agency of the United
States, at the same rates as to holders of membership interests of the limited liability company.
If lands to which any membership interest is appurtenant are acquired by the state, the United
States, or any department or agency of the state or the United States, the membership interest
must be canceled by the limited liability company and must be reissued to any persons
acquiring title to the land at a later date.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t61c13.pdf#nameddest=61-13-03p1Fetched: 10/16/2026