61-35-01. Definitions.
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/nd/title-61/chapter-61-35-water-districts/61-35-01·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
As used in this chapter:
1. "Auditor" means the county auditor.
2. "Benefit unit" means the fee each member pays, for each service that is planned to be
connected to the water system, for the privilege of using the district's facilities.
3. "Board" means the board of directors of a district.
4. "Bond" means any revenue bond, refunding bond, or improvement bond, or other
evidence of indebtedness of a district issued under this chapter.
5. "Director" means a member of the board of directors.
6. "District" means a water district organized under this chapter.
7. "Federal agency" includes the United States, the president of the United States, or any
agency, instrumentality, or corporation of the United States which has been or may be
designated or created by or pursuant to any act or acts or joint resolutions of the
Congress of the United States or which may be owned or controlled, directly or
indirectly, by the United States.
8. "Holder of bonds" or "bondholder", or any similar term, means any person who is the
registered owner of any outstanding revenue bond, improvement bond, or refunding
bonds.
9. "Law" means any statute of this state. 10. "Member" means an owner of real property that is located within a district, the tenant
of the real property, or another person acting for the owner with the owner's written
consent. 11. "Participating member" means a member who has subscribed to and paid the
established fee for at least one benefit unit in a district, in the manner provided by this
chapter. 12. "Project" means any work, undertaking, enterprise, or any combination of two or more
projects which a district is authorized to construct and from which the district has
derived or may derive revenues. "Project" includes all improvements, betterments,
extensions, and replacements of work, undertaking, or enterprises, and all
appurtenances, facilities, easements, lands, rights in land, water rights, contract rights,
approaches, dams, reservoirs, generating stations, sewage disposal plants,
intercepting sewers, trunk connections, other sewer and water mains, filtration works,
pumping stations, equipment, franchises, and structures in connection with or
incidental to any work, undertaking, or enterprise a district is authorized to construct. 13. "Refinancing" means funding, refunding, paying, or discharging, by means of refunding
bonds or the proceeds from the sale of refunding bonds, all or any part of any notes,
bonds, or other obligations issued to finance or to aid in financing the acquisition,
construction, or improvement of a project and payable solely from all or any part of the
revenue or interest on the revenue of the project in arrears or about to become due
whether or not such interest is represented by interest certificates. 14. "Refunding bonds" means notes, bonds, certificates, or other obligations of a district
issued under this chapter, the proceeds of which are to be used to pay the principal of
or interest on any outstanding bonds or other obligations. 15. "Revenues" means all fees, tolls, rates, rentals, and charges levied and collected by a
district in connection with, and all other income and receipts of whatever kind or
character derived by a district from, the operation of any project. 16. "Warrant" means an order drawn by the proper official of a district on its treasury, the
warrant of order to be so drawn that when signed by the district treasurer in an
appropriate place it becomes a check on the depository of such district, and a warrant
upon the treasury may not be delivered or mailed to the payee or the payee's agent or
representative until the warrant has been signed by the district treasurer and entered
on the district's books as a check drawn on a bank depository.