61-40-05. Authority of the western area water supply authority
In addition to authority declared under section 61-40-01, the board of directors of the
western area water supply authority may:
1. Sue and be sued in the name of the authority.
2. Exercise the power of eminent domain in the manner provided by title 32 or as
described in this chapter for the purpose of acquiring and securing any right, title,
interest, estate, or easement necessary or proper to carry out the duties imposed by
this chapter, and particularly to acquire the necessary rights in land for the construction
of an entire part of any pipeline, reservoir, connection, valve, pumping installation, or
other facility for the storage, transportation, or utilization of water and all other
appurtenant facilities used in connection with the authority. However, if the interest
sought to be acquired is a right of way for any project authorized in this chapter, the
authority, after making a written offer to purchase the right of way and depositing the
amount of the offer with the clerk of the district court of the county in which the right of
way is located, may take immediate possession of the right of way, as authorized by
section 16 of article I of the Constitution of North Dakota. Within thirty days after notice
has been given in writing to the landowner by the clerk of the district court that a
deposit has been made for the taking of a right of way as authorized in this subsection,
the owner of the property taken may appeal to the district court by serving a notice of
appeal upon the acquiring agency, and the matter must be tried at the next regular or
special term of court with a jury unless a jury be waived, in the manner prescribed for
trials under chapter 32-15.
3. Accept funds, property, services, pledges of security, or other assistance, financial or
otherwise, from federal, state, and other public or private sources for the purpose of
aiding and promoting the construction, maintenance, and operation of the authority.
The authority may cooperate and contract with the state or federal government, or any
department or agency of state or federal government, or any city, water district, or
water system within the authority, in furnishing assurances and meeting local
cooperation requirements of any project involving treatment, control, conservation,
distribution, and use of water.
4. Cooperate and contract with the agencies or political subdivisions of this state or other
states, in research and investigation or other activities promoting the establishment,
construction, development, or operation of the authority.
5. Appoint and fix the compensation and reimbursement of expenses of employees as
the board determines necessary to conduct the business and affairs of the authority
and to procure the services of engineers and other technical experts, and to retain
attorneys to assist, advise, and act for the authority in its proceedings.
6. Operate and manage the authority to distribute water to authority members and others
within or outside the territorial boundaries of the authority and this state.
7. Hold, own, sell, or exchange any and all property purchased or acquired by the
authority. All money received from any sale or exchange of property must be deposited
to the credit of the authority and may be used to pay expenses of the authority.
8. Enter contracts to obtain a supply of bulk water through the purchase of infrastructure,
bulk water sale or lease, which contracts may provide for payments to fund some or all
of the authority's costs of acquiring, constructing, or reconstructing one or more water
supply or infrastructure.
9. Acquire, construct, improve, and own water supply infrastructure, office and
maintenance space in phases, in any location, and at any time.
10. Enter contracts to provide for a bulk sale, lease, or other supply of water for beneficial
use to persons within or outside the authority. The contracts may provide for payments
to fund some or all of the authority's costs of acquiring, constructing, or reconstructing
one or more water system projects, as well as the authority's costs of operating and
maintaining one or more projects, whether the acquisition, construction, or
reconstruction of any water supply project actually is completed and whether water
actually is delivered pursuant to the contracts. The contracts the cities, water districts,
and other entities that are members of the western area water supply authority are
authorized to execute are without limitation on the term of years.
11. Borrow money as provided in this chapter.
12. Make all contracts, execute all instruments, and do all things necessary or convenient
in the exercise of its powers or in the performance of its covenants or duties or in order
to secure the payment of its obligations, but an encumbrance, mortgage, or other
pledge of property of the authority may not be created by any contract or instrument.
13. Accept from any authorized state or federal agency loans or grants for the planning,
construction, acquisition, lease, or other provision of a project, and enter agreements
with the agency respecting the loans or grants. Other than state-guaranteed loans,
additional debt that may form the basis of a claim for territorial or franchise protection
for industrial water sales for oil and gas exploration and production may be acquired
by the authority or member entities only upon approval by the state water commission
and the emergency commission.
14. Contract debts and borrow money, pledge property of the authority for repayment of
indebtedness, and provide for payment of debts and expenses of the authority.
15. Operate and manage the authority to distribute water to any out-of-state cities or water
systems that contract with the authority.
16. Accept, apply for, and hold water allocation permits.
17. Adopt rules concerning the planning, management, operation, maintenance, sale, and
ratesetting regarding water sold by the authority. The authority may adopt a rate
structure with elevated rates set for project industrial water depot and lateral supplies
in recognition that a large component of the project expense is being incurred to meet
the demands of industrial users. The industrial water depot and lateral rate structure
must be approved in accordance with section 61-40-11.
18. Develop water supply systems; store and transport water; and provide, contract for,
and furnish water service for domestic, municipal, and rural water purposes; milling,
manufacturing, mining, industrial, metallurgical, and any and all other beneficial uses;
and fix the terms and rates therefore. The authority may acquire, construct, operate,
and maintain dams, reservoirs, ground water storage areas, canals, conduits,
pipelines, tunnels, and any and all treatment plants, works, facilities, improvements,
and property necessary the same without any required public vote before taking
action.
19. Contract to purchase or improve water supply infrastructure or to obtain bulk water
supplies without requiring any vote of the public on the projects or contracts. In relation
to the initial construction of the system and for the purposes of entering a contract with
the authority, municipalities are exempt from the public voting requirements or water
contract duration limitations otherwise imposed by section 40-33-16.
20. Accept assignment by member entities of contracts that obligate member entities to
provide a water supply, contracts that relate to construction of water system
infrastructure, or other member entity contracts that relate to authorities transferred to
the authority under this chapter.
21. Issue revenue bonds to repay its loan obligations to the Bank of North Dakota. For the
purpose of issuing such revenue bonds, the provisions of chapters 40-35 and 40-36
apply to the extent necessary and consistent with S.L. 2017, ch. 19, § 12.
