1. Maple River WRD-Garsteig Embden maintenance assessment district

Manager Melvin introduced the following resolution and moved its adoption: MAPLE RIVER WATER RESOURCE DISTRICT RESOLUTION DECLARING THE NECESSITY TO CREATE THE GARSTEIG-EMBDEN MAINTENANCE DISTRICT WHEREAS, the Maple River Water Resource District (the "District") is a water resource district and political subdivision under Chapter 61-16.1 of the North Dakota Century Code. WHEREAS, the District's jurisdictional boundaries include certain watershed improvements previously constructed by the Soil Conservation Service (the "SCS"), a precursor to the Natural Resources Conservation Service, including various dams, channel improvements, drains, floodways, and other improvements. WHEREAS, the SCS previously constructed a floodwater retention project commonly known as "Garsteig Dam"; a floodwater retention project commonly known as "Embden Dam"; and channel improvements all within a watershed that is within what is now the District's jurisdictional boundaries; a map of the location of Garsteig Dam, Embden Dam, and the various channel improvements within the watershed is attached as Exhibit A; collectively, these improvements are the "Garsteig-Embden Improvements." WHEREAS, Section 61-16.1-40 of the North Dakota Century Code provides that if a federal agency constructs any water control improvement but no longer operates or maintains the improvement, the improvement automatically becomes the jurisdiction and responsibility of the water resource district where the improvement is located. WHEREAS, the SCS does not operate or maintain the Garsteig-Embden Improvements, and, therefore, the District is responsible for operation and maintenance of the Garsteig-Embden Improvements, in accordance with Section 61-16.1-40. WHEREAS, a water resource district typically generates maintenance revenue for purposes of operating and maintaining an improvement by creating a special assessment district, comprised of owners of parcels that will benefit from the improvement who must vote to create the assessment district to construct and maintain an improvement; following construction of a project approved by the members of a special assessment district, a water resource district may then levy annual maintenance levies against the properties within the special assessment district to finance operation and maintenance. WHEREAS, the SCS financed the construction of the Garsteig-Embden Improvements, without creation of any special assessment district by the District, nor did SCS provide any other funding mechanism for the District regarding the District's statutory obligations to operate and maintain the Garsteig-Embden Improvements; as a result, the District is responsible for operation and maintenance of the Garsteig-Embden Improvements, in accordance with Section 61-16.1-40, but the District currently lacks authority to levy an annual maintenance levy from properties that benefit from the Garsteig-Embden Improvements to properly operate and maintain them.