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ND SB2211

Bill

Status

Passed

5/2/2019

Primary Sponsor

Brad Bekkedahl

Click for details

Origin

Senate

66th Legislative Assembly

AI Summary

  • Creates section 61-33-01.1 establishing guidelines for determining the ordinary high water mark, requiring vegetation and soils analysis as primary physical indicators and allowing hydrological measurements, debris, and other secondary indicators as supplementary evidence.

  • Amends mineral ownership provisions to clarify that state sovereign land mineral ownership of riverbeds inundated by Pick-Sloan Missouri basin project dams extends only to the historical Missouri riverbed channel up to the ordinary high water mark.

  • Authorizes the board of university and school lands to contract with qualified engineering and surveying firms to analyze final review findings and determine acreage above and below the ordinary high water mark on a quarter-quarter or government lot basis.

  • Requires operators and the board of university and school lands to release held royalty proceeds for oil and gas mineral tracts lying entirely above the ordinary high water mark within six months and complete acreage adjustments and refunds within two years.

  • Establishes a two-year statute of limitations for district court actions challenging the ordinary high water mark determination or final acreage determination, with clear and convincing evidence standard required to vary from determined boundaries.

Legislative Description

Sovereign lands, determining the ordinary high water mark, and the ownership of mineral rights of land subject to inundation by Pick-Sloan Missouri basin project dams; to provide for application; and to declare an emergency.

Last Action

Signed by Governor 05/01

5/2/2019

Committee Referrals

Energy and Natural Resources4/15/2019
Appropriations3/12/2019
Energy and Natural Resources1/11/2019

Full Bill Text

No bill text available