61-36 Devils Lake Outlet Committee - North Dakota Statutes

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CHAPTER 61-36DEVILS LAKE OUTLET COMMITTEE61-36-01. Devils Lake outlet management advisory committee - Members - Terms -Vacancies.The Devils Lake outlet management advisory committee consists of the stateengineer or the state engineer's designee, one member appointed by the Red River joint water
resource board, one member appointed by the Devils Lake joint water resource board, one
member appointed by the upper Sheyenne River joint water resource board, one county
commissioner from Ramsey County appointed by the Ramsey County board of county
commissioners, one county commissioner from Benson County appointed by the Benson County
board of county commissioners, a representative of the Spirit Lake Nation appointed by the tribal
council of the Spirit Lake Nation, and three members appointed by the governor. The members
appointed by the governor must represent the interests affected by downstream impacts of
operating an outlet to Devils Lake. An appointed member may designate a substitute to serve in
that person's capacity at such meetings that person may be unable to attend. Except for the first
term, all appointed members serve for a term of four years or until their successors are appointed
and qualified. For the first term, two of the members from the Devils Lake basin must serve
two-year terms and two of the other appointed members must serve two-year terms, provided
that at least one member representing the interests affected by downstream impacts of operating
an outlet to Devils Lake must remain on the committee for a four-year term. The chairman shall
hold the first meeting within two months after August 1, 1997. Terms expire on the first day of
July. Each appointed member must be a qualified elector of the state and is subject to removal
by judicial procedure. A vacancy must be filled in the same manner as original appointments for
the remainder of the unexpired term. Before entering upon the discharge of official duties, each
appointed member shall take, subscribe, and file with the secretary of state the oath prescribed
for civil officers.61-36-02. Chairman - Quorum - Meetings. The state engineer is the chairman of thecommittee. A majority of the members of the committee constitutes a quorum. The committee
may hold meetings at the call of the chairman or at the request of three members of the
committee at such times and places as the chairman provides.61-36-03. Compensation and expenses. Each member appointed by the governor isentitled to receive as compensation sixty-two dollars and fifty cents per day and must be
reimbursed for expenses, while attending meetings of the committee.61-36-04. Development of an annual operating plan. The committee shall develop anannual operating plan for the operation of the Devils Lake outlet. The plan must specify the lake
elevation at which pumping will take place.In developing the annual operating plan, thecommittee shall consider spring runoff forecasts, weather forecasts, summer flooding potential,
downstream impacts, including water quality and streambank erosion, flooding, and any other
factors the committee determines should be considered. The committee must recommend a
plan of operation to the state water commission within two weeks following the first official
numeric national weather service spring snowmelt flood outlook. If a majority of members are
unable to agree on a plan, one or more minority plans may be submitted to the state water
commission. The state water commission may approve, recommend changes, or make changes
to the annual operating plan.Page No. 1Document Outlinechapter 61-36 devils lake outlet committee