ND HOUSE BILL 1385

tracts with the state water commission.” The bill was met with overwhelming supporting votes from both the State House and Senate with no “nays” and a single “absentee”.

This bill is seen publicly as an effort to avoid another situation like the 2016 Standing Rock Sioux Nation demonstrations in Cannonball North Dakota when indigenous tribe members and their supporters were met in freezing conditions with water cannons and armed military personnel. Subsequently the demonstrators were forced to abandon their encampments in an emergency fashion leaving trash and refuse behind for state officials and local residents to contend with. The incident lasted for much longer than originally anticipated, ended up making national headlines and attracting some larger civil rights groups and even a couple celebrities. For a state that usually keeps its voice low and strong, this was not a good image for the press to be reporting on when ultimately it appeared to be a series of egregious miscommunications about pipeline building plans.

Fast forward to today, House Bill 1385 amends the language to clearly define the parties that can enter into water agreements such as “Any political subdivision, including county, township, city, park district, and water resource district, and federally recognized Indian tribes, may separately or jointly, with the state of North Dakota through the commission, or federal departments or agencies, investigate, plan, and do all things necessary for participating in or undertaking underground or surface water surveys, development, construction, reconstruction, and maintenance of works, dams, and projects for the beneficial utilization and control of water resources, and may enter into contracts with the commission to pay rents, charges, or other payments for the use of works of the commission.”

The new amendment directly involves local Native American tribes in the decision making process of things like pipeline routes and water access areas. Quite a few citizens of North Dakota were under the assumption that legal stipulations like this already existed but common courtesy and an equitable attitude were the only things that had maintained the relationship between Tribal leaders and the oil companies since the discovery of oil in the Bakken. As bigger companies moved in from out of state during the last booms, the North Dakota traditions of mutual respect seemed have been put on the back burner a bit thus resulting in the 2016 Standing Rock incident but now, with this amendment passed and signed, all Native Tribes with any stake in water resources have a say and a duty to be involved in any planning of development of its resources for the benefit of everyone. This once again demonstrates the North Dakota attitude of equal no-drama solutions to everyday issues that allows us to get back to working hard.