Joint powers of flood irrigation boards in two or more counties - Apportionment of cost
N.D. Cent. Code § 61-12-31
in effect61-12-31. Joint powers of flood irrigation boards in two or more counties -
Apportionment of cost.
Whenever it shall be deemed necessary by the boards of flood irrigation of two or more
counties in this state to construct or extend a project through or into two or more counties in the
state, the several boards of flood irrigation in the counties into or through which such proposed
project may extend when completed, are empowered to establish, construct, and maintain such
project through or into two or more counties in the following manner:
1. There first shall be presented to the board of flood irrigation in each of such counties a
petition for the establishment of such flood irrigation project in the several counties as
provided by law, and the boards of the several counties shall determine upon the
necessity or expediency of the establishment of such flood irrigation project as
provided by law;
2. The several boards of flood irrigation of the counties through or into which such
proposed project may run then shall meet and agree upon the proportion of damages
and benefits to accrue to the lands affected in each county, and for this purpose they
shall consider the entire course and territory of such project in all said counties as one
project;
3. They may apportion the cost of establishing and constructing such entire project
ratably and equitably upon the lands in each county in proportion to the benefits to
accrue to such lands;
4. When they have so apportioned the same they shall make a written report of such
apportionment to the auditors of the several counties affected, and the report shall
show the portion of the cost of such entire project to be paid by taxes upon the lands in
each of such counties. Such report shall be signed by the boards of flood irrigation of
all counties affected; and
5. Upon the filing of such report, the board of flood irrigation of each county shall meet
and assess against the lands in such county ratably and equitably as provided by law
an amount sufficient to pay the proportion of the cost of such drain fixed for such
county by all said boards.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://ndlegis.gov/cencode/t61c12.pdf#nameddest=61-12-31Fetched: 10/16/2026