North Dakota Code § 24-03-08

Determinations of surface water flow and appropriate highway
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construction.
Whenever and wherever a highway under the supervision, control, and jurisdiction of the 
department or under the supervision, control, and jurisdiction of the board of county 
commissioners of any county or the board of township supervisors has been or will be 
constructed over a watercourse or draw into which flow surface waters from farmlands, the 
department of water resources , upon petition of the majority of landowners of the area affected 
or at the request of the board of county commissioners, township supervisors, or a water 
resource board, shall determine as nearly as practicable the design discharge that the crossing 
is required to carry to meet the stream crossing standards prepared by the department and the 
department of water resources . When the determination has been made by the department of 
water resources, the department of transportation , the board of county commissioners, or the 
board of township supervisors, as the case may be, upon notification of the determination, shall 
install a culvert or bridge of sufficient capacity to permit the water to flow freely and unimpeded 
through the culvert or under the bridge. The department, county, and township are not liable for 
any damage to any structure or property caused by water detained by the highway at the 
crossing if the highway crossing has been constructed in accordance with the stream crossing 
standards prepared by the department and the department of water resources.

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