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Technical fix to water-conveyance definition moves forward after judge flagged inconsistency
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Summary
Senate Bill 2153 corrects statutory language so that a ‘project’ includes water conveyance and the works listed in the following subsection; sponsors said the change restores legislative intent after a court case exposed the drafting error.
The House Energy and Natural Resources Committee voted to recommend do-pass on Senate Bill 2153, a technical statutory correction that restores the original legislative intent for the Water Commission’s definition of a “project.”
Senator Mike Dwyer, sponsor of the bill, told the committee the modification corrects a drafting error introduced in 2019: a reference added at that time unintentionally narrowed the definition of “project” to water-conveyance projects only. He said the bill amends the statute so “a project means a water conveyance project or any of the works defined in subsection 11,” restoring the original scope.
Eric Volk, executive director of North Dakota Rural Water, said the change was prompted by litigation in which a judge observed the statutory wording was inconsistent with the Water Commission’s intent. Volk said the fix aligns the statute with how the Water Commission funds and cost-shares water projects.
Aaron Carranza of the Department of Water Resources said the change returns the statute to the original legislative intent and is not intended to change policy or cost-share practice. The committee recommended do-pass and placed the bill on the consent calendar; no opposition was recorded in committee testimony.
