[{"_1":2,"_100":-5,"_101":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6380535,"mediaKeyId","2131257-a359006d3827e59cc41835b09f3c2df9","parentId",2131257,"title","Sergeant County lawmakers and farmers ask legislature to tap flexible transportation fund for Legal Drain 11 repairs","audioSeconds",3844,"startMs",435000,"endMs",4279000,"viewUrl","/Search/View?dp=1&key=2131257-a359006d3827e59cc41835b09f3c2df9&start=435&end=4279","thumbnailUrl","https://assets.pipeline.soar.com/2131257-a359006d3827e59cc41835b09f3c2df9/thumbnail_435000.jpg","articleUrl","/articles/6380535/North-Dakota/Sergeant-County-lawmakers-and-farmers-ask-legislature-to-tap-flexible-transportation-fund-for-Legal-Drain-11-repairs","mediaUrl","https://secure.pipeline.soar.com/6380535-3c45d50f28dee52323e8a00c1ae727b7/orig.mp4?Expires=1771173335&Signature=YILJvxN94KG9ySGfZ7X7yYhTJnf7gkeGIqI8XcqvDLLBqHzYIl7sUhfKIbG8ADeLbKtj--CRQoz3j1xWEiOfP~EKclLVxNsFVwI7JoN-M2qk2h~S-w1~cUUsVX8slbSDg4CuI6U3JDT97ai~gWZUCsi2m1Sdkr~8ksBgXKPl17JJMXPZIt3zupKFbJS9BKGLenQhJslFyqyxWi5xG9i8fOEglHCSQAtbx9wEzb8ldE0mu2p~M9z3ydJOOKicm6EUBixVANbn06UjqDw1RaodlUsBfes7icyj-OAMz-MrD9h8qi~5MEgg4LBcDML1eQ91tPiITLlRr8Y1QYwLd7~BDQ__&Key-Pair-Id=KUT5TJCACFTXG","author","House Transportation, ND","date","2025-01-17T00:00:00Z","article","Representative Brandenburg, sponsor of House Bill 1202, told the House Transportation Committee that work by the state on Highway 13 in 2013—where the Department of Transportation replaced smaller culverts with much larger openings—substantially increased flow into Legal Drain 11 and created long-term flooding and road-safety problems for Sergeant County.

\"Before that, there was 3 36 inch culverts and 3 different spots... they went and put in 2 double 54s,\" Representative Brandenburg said, explaining that the changes increased the water flow dramatically and contributed to downstream erosion, sloughing and road closures. He introduced HB 1202 to authorize up to $3 million from the state’s flexible transportation fund for culvert and bridge crossings and related work.

The bill’s backers emphasized public-safety and farm-productivity impacts. Roger Zeneca, a Sergeant County farmer and water board member, told the committee that township and county roads south of Highway 13 have been underwater “at times for almost 6 months of the year,” and said the crossings create delays for emergency vehicles and present safety risks for school buses and other traffic.

\"The biggest concern I personally have had over this whole issue is safety,\" Zeneca said. Lucas Chimenisky, another Sergeant County farmer and water board member, described why past funding was capped at a $4-per-acre maintenance levy and why boards historically phased work in to keep assessments low. Michael Wyham, also a water board member, said the Supreme Court ruling that halted additional work occurred after some phases were already completed and that the district had planned financing for earlier phases using maintenance levies and cash on hand.

Representatives on the committee pressed for details. Representative Kaufman asked what portion of any appropriation would be used for litigation; Brandenburg said litigation costs ran “somewhere up to close to over $1,000,000” but said he would remove litigation-expense language from the bill and that his intent for the flexible fund money was to pay for larger culverts and road crossings downstream.

The Department of Transportation, represented at the hearing by Ron Hanke, opposed designating a targeted $3 million from the flex fund for this single project. Hanke said the flex fund was established with an application and scoring process and cautioned against earmarking the fund outside that process. He said certain crossing repairs could be eligible through the normal application process but that the fund does not generally cover cleaning an entire drain.

Committee members and witnesses discussed several practical and legal constraints. Witnesses and Representative Brandenburg described lengthy litigation in Sergeant County that delayed work, increased construction costs and produced legal bills they estimate at roughly $1.1 million; project cost estimates that were $3.1 million in 2016 rose to $7.9 million by a later bid; and some work completed under the old practice left the county with outstanding bonds and crossing obligations the county commission has since resisted paying pending a vote. Witnesses said the Supreme Court ruled further work could not proceed without a vote of all landowners within the watershed.

Committee members suggested two tracks: consider a policy solution that would limit who may vote in future drainage votes or preserve the existing scoring/application process for transportation dollars rather than earmarking flex-fund money. Representative Koppelman noted he expected related policy bills in the Natural Resources committee. At the hearing’s end committee leadership said they would hold the bill to allow the sponsor time to discuss amendments and policy fixes and to gather additional information.

No committee vote was taken on HB 1202 during the hearing.","mediaType","Video","parentTitle","House Transportation Jan 17, 2025","oneSentenceSummary","Representative Brandenburg asked the House Transportation Committee to approve up to $3 million from the state’s flexible transportation fund to address undersized road crossings and downstream erosion tied to Legal Drain 11 after highway culvert upgrades increased flow into the ditch.","taxTitle","Transportation, House of Representatives, Legislative, North Dakota","taxId",28897,"location","North Dakota","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6380526,"Committee votes to repeal statute enabling DOT membership in Western States transportation compact",951,4800000,5751000,"/Search/View?dp=1&key=2131257-a359006d3827e59cc41835b09f3c2df9&start=4800&end=5751","https://assets.pipeline.soar.com/2131257-a359006d3827e59cc41835b09f3c2df9/thumbnail_4800000.jpg","/articles/6380526/North-Dakota/Committee-votes-to-repeal-statute-enabling-DOT-membership-in-Western-States-transportation-compact","https://secure.pipeline.soar.com/6380526-5821c7c4640d191dab0c8460e4430672/orig.mp4?Expires=1771173335&Signature=BqNbka6g-FZoJt0LaVHmoJxCuygJ21uaFCK2mpYvzxPlzkaHQ8EWdlAoMIay4h2Yw9ZyyQzsTpymKM9YkcGSnL5j6NCyhce9hTsWBUNe2hhBcH6eEKBX-BttRZ89MmVD346CFyd22JAYwaECtxwIhGfWVS-uW8YKTDfxi4D62ankDedN292TR7tAo4qOnQE2CzWo-8-mUIeZJ8Hc~8EJMO3UGKLIRTwvIYuHaRPrRQL3SHcANBU~hjuP5~etkFtKLK1j2z9wLso9oaSPhR5I~kyB9434BKVupKlLAAavocs1wQ3bQKmj6FoDLW1koLuVyMYUh~sX-58dd95GiXyicg__&Key-Pair-Id=KUT5TJCACFTXG","Representative Ruby told the House Transportation Committee that the provision of state law permitting the Department of Transportation to join a multistate highway transportation agreement (commonly known as the Western States Transportation Alliance, WESTA) had outlived its usefulness. He described dwindling participation and no meetings since the COVID period and asked the committee to repeal the statutory authorization.

\"We have done no meetings, no activity since for sure 2020,\" Representative Ruby said, and suggested it was time to remove the provision from state code so the DOT would not have an open statutory obligation to join or pay dues to the compact.

Wade Swenson, the N.D. Department of Transportation office operations director, told the committee the DOT supports HB 1215. Swenson said DOT has ceased paying dues and there has been no recent WESTA activity; the department wanted the statute repealed so it is not automatically obligated to join or fund an inactive compact. He told the panel that the DOT’s last payment was $5,000 per year in 2022 and that the agency’s preference is to avoid statutory earmarks that compel membership or payments when the compact is inactive.

Committee members asked clarifying questions about WESTA’s history and purpose; representatives discussed the compact’s earlier focus on cross-state uniformity for vehicle size and weight and permit coordination. Representative Ruby said the compact’s goals were worthwhile but that participation and output had faded, and that the department and committee should not be required by statute to maintain membership.

After brief discussion, Representative Hendricks moved a do-pass recommendation on HB 1215; Representative Freilich seconded. The clerk took a roll call and the committee recorded a unanimous yes vote. The committee recorded a do-pass recommendation and assigned Representative Fraylich as bill carrier.","The House Transportation Committee voted to advance House Bill 1215, a measure repealing statutory language that authorized the Department of Transportation to join a multistate highway compact (the Western States Transportation Alliance).",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6380528,"Committee endorses bill to name stretch of Highway 18 for Medal of Honor recipient Henry Gerke",1166,4355000,5521000,"/Search/View?dp=1&key=2131257-a359006d3827e59cc41835b09f3c2df9&start=4355&end=5521","https://assets.pipeline.soar.com/2131257-a359006d3827e59cc41835b09f3c2df9/thumbnail_4355000.jpg","/articles/6380528/North-Dakota/Committee-endorses-bill-to-name-stretch-of-Highway-18-for-Medal-of-Honor-recipient-Henry-Gerke","https://secure.pipeline.soar.com/6380528-6d207591db0ace461a4f8d5381a40007/orig.mp4?Expires=1771173335&Signature=A~qjMLliM0i2jdm6~j~SVOA0Yqo0Tnii3A-E2B2jVPZbsHyNALk2-9it-ubX1eSsYkU~7F-5wTDVsIl5C5GD2A6GB8Ml-NMj5mGQ0O3Qdk2Hk-lCAUf5aF-a3KCFYUdAG27WHZ5y9NRdJm9RFS~-vgV4KQ2Ky1UldQTBg8ucvSRYK~yOOxmd8SiCrMxG4L3kqlw7ANw19GYz61~o0v2CubC4WlzapzQHXG2e0l8Eu58IyXs~hQpoCOF7MtKrYydGuOrtuUWVLBJHihyqzahCix~xEa64-Brj920JPVheiCsPgVmniulShq2jwh1jwGiCWlJ-dQ6rf4FttWQmqZNLag__&Key-Pair-Id=KUT5TJCACFTXG","Representative Munson presented House Bill 1212, asking the committee to name a portion of State Highway 18 in northeast North Dakota the “Bridal First Class Henry Gerke Memorial Highway” to honor Henry Gerke, a World War II Marine who reportedly sacrificed his life by jumping on a grenade to save a comrade.

\"He was given the Medal of Honor... he jumped on that grenade and blew himself up to save the person, his friend,\" Representative Munson said, describing Gerke’s service in the Solomon Islands and the desire of his hometown, Nitschee, to preserve his memory with a highway designation.

No witnesses spoke in opposition. The committee moved the bill forward: Representative Christensen moved a do-pass recommendation and Representative Johnston seconded. A roll-call recommendation was recorded; the clerk read a series of members who each voted yes on the committee recommendation.

The committee chair declared the motion carried and asked for a committee volunteer to carry the bill to the floor. Representative Hendricks was noted as the carry. The do-pass recommendation advances HB 1212 to the next stage in the legislative process.","The House Transportation Committee recommended a do-pass for House Bill 1212, which would designate a portion of State Highway 18 as the Henry Gerke Memorial Highway in recognition of a World War II Medal of Honor recipient from Nitschee. The committee voted unanimously to advance the bill.","actionData","errors"]

Article not found

Sergeant County lawmakers and farmers ask legislature to tap flexible transportation fund for Legal Drain 11 repairs

Committee votes to repeal statute enabling DOT membership in Western States transportation compact

Committee endorses bill to name stretch of Highway 18 for Medal of Honor recipient Henry Gerke