North Dakota Code § 40-33-13

Municipality may sell surplus electricity or water outside of municipal limits
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Whenever the governing body shall deem it advisable, a municipality owning and operating 
its own electric lighting system or waterworks may enter into contracts with persons, 
corporations, or limited liability companies maintaining manufacturing plants, residences, or 
other buildings outside of the municipal limits, to furnish such plants or buildings with electricity 
or water if it can be furnished from the surplus remaining after supplying the needs of the 
municipality and its inhabitants.

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