ORDER MODIFYING CASS COUNTY DRAIN NO.

ORDER
MODIFYING CASS COUNTY
DRAIN NO. 12
WHEREAS, the Rush River Water Resource District (the “District”) is a North Dakota water resource district and political subdivision under N.D. Cent. Code Chapter 61-16.1; and
WHEREAS, the Natural Resources Conservation Service (“NRCS”), formerly known as the Soil Conservation Service, constructed improvements to the Rush River, including segments in portions of Amenia, Rush River, Harmony, Raymond, Berlin, and Harwood Townships; and
WHEREAS, under Sections 61-16.1-40 and 61-16.1-40.1 of the North Dakota Century Code, following construction of those improvements to the Rush River by NRCS, the District owns, operates, and maintains the improved portions of the Rush River as a federally-constructed assessment drain known as Cass County Drain No. 12 (“Drain 12”); and
WHEREAS, in accordance with Section 61-16.1-40.1 of the North Dakota Century Code, the District levies an annual maintenance levy to fund and finance its operation and maintenance of Drain 12; and
WHEREAS, a tributary enters the Rush River/Drain 12 in the Southeast Quarter of Section 30 of Harwood Township; and
WHEREAS, recently, the District discovered that, at some point following NRCS’ original construction of Drain 12, NRCS constructed improvements to the tributary as a lateral to Drain 12, extending from the Southeast Quarter of Section 30, at the discharge into Drain 12, south across portions of the North Half of Section 31 of Harwood Township, and concluding at the west boundary of Section 31; and
WHEREAS, NRCS referred to the tributary improvements as “Lateral No. 1 to Drain No. 12”; and
WHEREAS, the District owns certain right of way for purposes of Lateral No. 1 in the Southeast Quarter of Section 30 and the North Half of Section 31 of Harwood Township; and
WHEREAS, the District previously conducted the requisite procedures for purposes of creating the Drain 12 assessment district under Section 61-16.1-40.1; and
WHEREAS, Lateral No. 1 is within the existing Drain 12 assessment district under Section 61-16.1-40.1, and, similarly, all properties that benefit from Lateral No. 1 are currently within the Drain 12 assessment district; and
WHEREAS, adding Lateral No. 1 as a component of Drain 12 would not require the addition of any new properties to the existing Drain 12 assessment district; and
WHEREAS, the Drain 12 assessment list is on file with the District; and
WHEREAS, adding Lateral No. 1 as a component of Drain 12 will not require any improvements to Lateral No. 1; and
WHEREAS, under a Resolution Authorizing Entry of Order Modifying Cass County Drain No. 12 dated January 19, 2021 (the “Resolution”), the District determined that including Lateral No. 1 as a component of Drain 12, and utilizing Drain 12 funds to operate and maintain Lateral No. 1, would benefit those properties that drain into and otherwise benefit from Lateral No. 1; and
NOW THEREFORE, IT IS ORDERED, that the District hereby approves the addition of Lateral No. 1, including that portion of a tributary in the Southeast Quarter of Section 30 and the North Half of Section 31 of Harwood Township, as identified in the Resolution, as a component of Drain 12.
IT IS FURTHER ORDERED, that the District will continue to manage, own, operate, and maintain Drain 12, including Lateral No. 1, as a federally-constructed assessment drain under Sections 61-16.1-40 and 61-16.1-40.1 of the North Dakota Century Code.
IT IS FURTHER ORDERED, that the District will utilize maintenance funds generated in accordance with Section 61-16.1-40.1 to finance and fund the operation and maintenance of Lateral No. 1.
IT IS FURTHER ORDERED, that the addition of Lateral No. 1 does not constitute or require construction of a new “lateral drain” under North Dakota law, and the addition of Lateral No. 1 as a component of Drain 12 does not require an assessment district vote or any other additional legal proceedings.
Date Approved: January 19, 2021
APPROVED:
William Hejl, Chair
ATTEST:
Carol Harbeke Lewis
Secretary-Treasurer
(Jan. 27, 2021) 2873603