Committee gives due‑pass recommendation to narrow technical fix in water conveyance statute

The Senate Energy and Natural Resources Committee on Feb. 7 voted to give a due‑pass recommendation on Senate Bill 2153, a narrowly focused bill that corrects a cross‑reference in the statutory definition of water conveyance projects.

Sen. Mike Dwyer, R‑District 47, introduced the bill and told the committee the change simply corrects a drafting error that left one set of enumerated "works" out of the legal definition when subsections were renumbered. "If you look at subsection 10 which is highlighted ... it references subsection 10 but subsection 10 became subsection 11," Dwyer said, explaining the bill updates the reference so the code reflects the intended list of works that constitute a water conveyance project.

Eric Volk of North Dakota Rural Water and Dan Wagsland of the North Dakota Grain Growers Association testified in support, saying the correction resolves confusion raised in recent litigation and will help project managers and permit reviewers apply the statute consistently. No state agencies opposed the technical fix.

Sen. Beard moved a due‑pass recommendation; Sen. Inghitt seconded. The clerk recorded a roll call: six ayes, zero nays, one absent. Committee members will carry the bill forward to the full Senate under the due‑pass recommendation.

The bill is limited to a statutory cross‑reference correction and does not change substantive policy for water management or conveyance projects.