61-02-14. Powers and duties of the commission
The commission is authorized:
1. To investigate, plan, regulate, undertake, construct, establish, maintain, control,
operate, and supervise all works, dams, and projects, public and private, which in the
commission's judgment may be necessary or advisable:
a. To control the low-water flow of streams in the state.
b. To impound water for the improvement of municipal, industrial, and rural water
supplies.
c. To control and regulate floodflow in the streams of the state to minimize the
damage of floodwaters.
d. To conserve and develop the waters within the natural watershed areas of the
state and, subject to vested rights, to divert the waters within a watershed area to
another watershed area and the waters of any river, lake, or stream into another
river, lake, or stream.
e. To improve the channels of the streams for more efficient transportation of the
available water in the streams.
f. To provide sufficient water flow for the abatement of stream pollution.
g. To develop, restore, and stabilize the waters of the state for domestic,
agricultural, and municipal needs; irrigation; flood control; recreation; and wildlife
conservation by the construction and maintenance of dams, reservoirs, and
diversion canals.
h. To promote the maintenance of existing drainage channels in agricultural lands
and to construct needed channels.
i. To provide more satisfactory subsurface water supplies for the state's
municipalities.
j. To finance the construction, establishment, and extraordinary maintenance of
public works, dams, and irrigation projects, which in the commission's judgment
may be necessary and advisable. The commission may not provide a cost-share
for the costs of operation, regular maintenance, or removal of vegetative
materials and sediment, for assessment drains. Snagging and clearing of
watercourses are not regular maintenance.
k. To provide for the storage, development, diversion, delivery, and distribution of
water for the irrigation of agricultural land and supply water for municipal and
industrial purposes.
l. To provide for the drainage of lands injured by or susceptible of injury from
excessive rainfall or from the utilization of irrigation water, and subject to the
limitations prescribed by law, to aid and cooperate with the United States and any
department, agency, or officer of the United States, and with any county,
township, drainage district, or irrigation district of this state, or of another state, in
the construction or improvement of the drains.
m. To provide water for stock.
n. To provide water for the generation of electric power and for mining and
manufacturing purposes.
2. To define, declare, and establish rules and regulations:
a. For the sale of waters and water rights to individuals, associations, corporations,
limited liability companies, municipalities, and other political subdivisions of the
state and for the delivery of water to users.
b. For the full and complete supervision, regulation, and control of the water
supplies within the state.
c. Governing and providing for financing by local participants to the maximum extent
deemed practical and equitable in any water development project in which the
state participates in cooperation with the United States or with political
subdivisions or local entities.
3. To exercise full power and control of the construction, operation, and maintenance of
works and the collection of rates, charges, and revenues realized from the works.
4. To sell, lease, and otherwise distribute all waters which may be developed,
impounded, and diverted by the commission under this chapter, for the purposes of
irrigation, the development of power, and the watering of livestock, and for any other
private or public use.
5. To exercise all express and implied rights, power, and authority that may be necessary,
and to do, perform, and carry out the expressed purposes of this chapter and the
purposes reasonably implied incidentally to or lawfully connected with the expressed
purposes of this chapter.
6. To acquire, own, and develop lands for irrigation and water conservation and to
acquire, own, and develop damsites and reservoir sites and to acquire easements and
rights of way for diversion and distributing systems.
7. To cooperate with the United States and any department, agency, or officer of the
United States in the planning, establishment, operation, and maintenance of dams,
reservoirs, diversion and distributing systems, for the utilization of the waters of the
state for domestic, municipal, and industrial needs, irrigation, flood control, water
conservation, and generation of electric power and for mining, agricultural, and
manufacturing purposes. The commission may, within the limitations prescribed by
law, acquire, convey, contribute, or grant to the United States, moneys, real and
personal property, including land or easements for dams and reservoir sites and rights
of way and easements for diversion and distribution systems or participate in the cost
of any project.
8. To consider cost-sharing for water quality improvement projects.
