S.B. 2036 Summary

• Creates twelve new sections to chapter 61-16.1 governing water resource boards and consolidates drainage assessment procedures by repealing chapter 61-21 and section 61-16.1-01.

• Authorizes water resource boards to acquire right-of-way easements through eminent domain for assessment drains, with detailed negotiation and quick-take procedures requiring county commissioner approval and 60-day informal negotiation periods.

• Establishes comprehensive procedures for assessment drain projects including engineer reports, public hearings, voter approval requirements (50% threshold), and appeal processes to the department of water resources and district courts.

• Permits water resource boards to include water resource board members as eligible fund investors and allows assessment of non-contiguous benefited properties for drainage projects with procedural requirements for multi-county drains.

• Adds definitions, penalties for frivolous complaints, mediation provisions, and new sections addressing lateral drain designations, contract extensions, drain warrants, sinking funds, and procedures for closing noncomplying drains.