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
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
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