North Dakota Century Code Title 61. Waters § 61-35-18. Inclusion of property in district--Inclusion of municipality--Merger

1. Owners of real property outside any district which can be served economically by the facilities of the district may petition to be attached to the district. The petition must be filed with the department of water resources, and the department shall proceed in substantially the same manner as provided by this chapter for filing of and proceeding on a petition for organization of a district.

2. All or part of an incorporated city may be included in the boundaries of any existing district or a district being newly organized, provided the governing body of the city by resolution or ordinance gives its consent.

3. Boards of two or more districts by concurrent action and by approval of the department of water resources may merge their districts into one. In case of merger, the members of the boards of the merged districts may serve until the next annual meeting at which time the district shall comply with the requirements of section 61-35-08 regarding the number and eligibility of directors, adopt new bylaws, and set the terms of the new board according to section 61-35-10. The resulting district shall take over all the assets and legal liabilities of the districts joining in the merger. Obligations of any district secured by the revenue of the systems operated by the district must continue to be required, or a sinking fund must be established for that purpose created from revenue from the system operated over the same area by the resulting district in accordance with the laws under which the obligations were issued, until all obligations of the old district have been retired.

4. If there is a conflict between two or more districts concerning which district will serve an area, the department of water resources, after a public hearing, shall determine which district can provide services more adequately and economically within the area.