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Show NORTH DAKOTA 583 ards.30 The act contains both civil procedures and criminal penalties to insure compliance with its provisions.81 b. OTHER PUBLIC WATER AGENCIES The Garrison diversion conservancy district, created in 1955 32 to supervise the operation of the Garrison diversion unit in North Dakota, covers 25 counties. The State supreme court has held that the act does not constitute an unconstitutional delegation of legisla- tive power and does not violate the due process clauses of the State and Federal constitutions. As a State corporation, the district has delegated power to exercise eminent domain and to levy taxes, within the limits prescribed by the statute.33 Irrigation Districts, patterned after California legislation, have been authorized since 1917,84 and many have been organized. In gen- eral, they operate specific irrigation distribution systems. Assessments levied on lands within the district consist of a set charge on each ir- rigable acre.35 The organization of water management districts, which deal with local water problems, were authorized in 1935.36 Drainage districts in North Dakota apparently go back as far as 1883.37 C. PRIVATE WATER AGENCIES Private corporations may be organized for the purpose of establish- ing irrigation systems for the sale or distribution of water to its members or stockholders.38 The corporation apparently acquires the water right, and the bylaws may provide that the shares of stock shall be appurtenant to the land described in the certificate. If so, the stock can then be transferred only with a sale or transfer of the land. 3. Surface Waters 3.1 Method of Acquiring Rights As noted earlier, appropriation water rights are acquired by ob- taining a permit from the State engineer. The basic procedural steps to be followed in obtaining such a right, and the discretion to be exercised by the engineer in reviewing and acting upon applications to appropriate, are discussed in section 2.1 above. Unused riparian rights seem to have been extinguished in North Dakota, both with respect to surface watercourses and ground water. One may acquire a riparian right to use water for domestic purposes (an exempt use), upon acquiring riparian land, or may even acquire other riparian rights of reasonable use if the use predated the statute extinguishing unused riparian rights. However, these considerations so Sec. 61-28-05. si Sec. 61-28-08. 82 Ch. 61-24, as amended in 1961. 8s In re Garrison Diversion Conservancy Dist., 144 N.W. 2d 82 (N.D. 1966). m Chs. 61-05 to 61-11. w Sec. 61-09-01 (1971 supp.). 88 Sees. 61-16-01 to 61-16-48 (1971 supp.); see Snortland v. Nelson County, 123 N.W. 2d (N.D. 1963). 87 See R. Beck and B. Bohlman, Drainage Law in North Dakota: An Overview, 47 N.D. L. Rev. 471 (1971). *>Secs. 61-13-02 to 61-13-04. |