61-36 Devils Lake Outlet Committee

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