North Dakota Code § 40-33-16

Municipality may purchase water for distribution
Open in Lexace · Ask the AI about this section
1. Any city owning a system for the distribution of water for fire protection and other 
public purposes and for selling water to its inhabitants and industries, but for which the 
water supply is unsuitable or inadequate, may contract to purchase water at wholesale 
for those purposes from any person, firm, public or private corporation, or limited 

liability company able and willing to furnish the same, upon the terms and during the 
period, not exceeding forty years, as the city governing body deems appropriate. The 
contract must be authorized by an ordinance submitted to the voters for approval by a 
majority of those voting on the proposition before it takes effect. Pursuant to the 
ordinance and contract, the city may bind itself:
a. To establish and maintain rates and charges for supplying water by it to its 
inhabitants and industries, either according to a prescribed schedule agreed upon 
or sufficient to produce net stated amounts for specified periods during the life of 
the contract, or both, and to appropriate and use the same for payments to 
become due under the contract, and, if the contract so provides, the city is 
obligated to pay for the water solely out of the net revenues;
b. To pay, at an agreed rate or rates, for all water taken by the city under the 
contract and not resold by it; and
c. To do and perform any other acts or things the governing body deems reasonable 
and appropriate for the procurement of the water on the most efficient and 
economical basis.
2. Notwithstanding subsection 1, contracts to purchase water from the water supply 
system created by the Red River valley water supply project may have a term 
exceeding forty years and, if executed in relation to the initial construction of the 
system, need not be submitted to the voters for approval.
3. If any payments under any contract are to be made solely out of net revenues, the 
contract may fix and prescribe the method or basis on which net revenues are to be 
computed.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.