Bill would shift probable-cost estimate to petitioning entity in irrigation-district formations

The House Energy and Natural Resources Committee recommended a do-pass for Senate Bill 2065 after Department of Water Resources staff described the bill’s changes to the irrigation-district formation process.

Pat Fridgen, planning and education division director for the Department of Water Resources, said current North Dakota Century Code requires petitioners to prepare a feasibility study but does not require them to estimate probable cost. “What is not required of the petitioner is a probable cost estimate of what the actual works may ultimately cost the petitioners,” Fridgen said. He explained that DWR currently must prepare a summary report and a probable-cost estimate before scheduling a hearing, and the bill would instead allow DWR to make a determination based on the petitioners’ feasibility study, which could be a short memorandum.

Fridgen said shifting the cost-estimate responsibility to the petitioning entity would avoid redundancy and speed the process because petitioners and their consultants already develop detailed feasibility studies that include maps, sources, storage locations and conveyance systems.

Committee members asked for clarification about how an irrigation district differs from an individual irrigation permit holder; Fridgen said an irrigation district is a local political subdivision composed of multiple irrigators that can enter cost-share agreements with the Water Commission. The committee voted to recommend do-pass and placed the bill on the consent calendar for the next stage.