MAPLE RIVER WATER RESOURCES DISTRICT RESOLUTION AUTHORIZING DRAIN NO. 34 IMPROVEMENT PROJECT NO. 2022-01 WHEREAS, The Maple River Water Resources District (the “District”) is a water resources district of North Dakota and a political subdivision under Title 61 of the North Dakota Century Code. WHEREAS the District owns, operates and manages CASS COUNTY DRAIN NO. 34 (“Drain 34”), a legal rating drain under North Dakota law. WHEREAS, The District administers an Assessment District comprised of properties that benefit from Drain 34 (the “Drain 34 Assessment District”); the district imposes an annual fee on the Drain 34 Assessment District to pay and fund the costs of operating, maintaining, rebuilding and improving Drain 34 for the benefit of properties within the Drain Assessment District 34. WHEREAS, The District has concluded that certain improvements are required to Drain 34, including channel and culvert improvements, to provide better control over the Drain 34 watershed and to provide more effective and efficient drainage to the profit from properties in the Drain Assessment District 34 . WHEREAS, The District refers to the proposed improvements to Drain 34 as CASS COUNTY DRAIN NO. 34 IMPROVEMENT PROJECT NO. 2022-01 (the “Project”). WHEREAS, the following is a more detailed description of the project: The project will consist of the reconstruction of four miles of drain 34 in sections 18, 19, 30 and 31 of Normanna Township. The project will include channel improvements, embankment improvements, culvert replacements and road crossing improvements. The project will begin at the northwest corner of Normanna Township Section 18, on the east side of 163rd Avenue SE, and will continue south for four miles, and will include crossing improvements at 50th Street intersections SE, County Road 36, 52nd Street SE and 53rd Street SE. The project will include topographic surveys, hydrological and hydraulic analyses, culvert crossings and channel design; installation of interception drainage culverts with gate valves for drainage of adjacent fields; installation of erosion control rockfill; improving township and county highway crossings; purchase of permanent and temporary rights of way; utility moves; and other miscellaneous items as needed. WHEREAS the Project will not require the addition of new properties to the existing Drain 34 Assessment District; WHEREAS, The District has concluded that the Project will provide more effective and efficient drainage through Drain 34; increase in the drainage capacity thanks to the drain 34; increased control over the Drain 34 watershed area; improved escape protection for adjacent properties; improved drainage for the benefit of the Drain 34 watershed; and more effective and efficient operation and maintenance of Drain 34. WHEREAS additional assessments will not be required to construct the Project; rather, pursuant to Sections 61-21-46 and 61-16.1-45 of the North Dakota Century Code, the District will use funds generated from the Drain 34 Assessment District’s annual levies to fund and fund the project. THEREFORE BE IT RESOLVED that the District find, determine and declare the need to develop plans and specifications regarding the design of the project; acquire the right of way necessary to accommodate the project; and to ultimately construct, operate, manage and maintain the Project and Drain 34. BE IT FURTHER RESOLVED that the District find, determine and declare that the Project will benefit properties and landowners within the Drain 34 Assessment District. BE IT FURTHER RESOLVED that the District find, determine and declare that the project will provide more effective and efficient drainage through Drain 34; increased capacity thanks to drain 34; increased control over the Drain 34 watershed area; improved escape protection for adjacent properties; improved drainage for the benefit of the Drain 34 assessment district; and more effective and efficient operation and maintenance of Drain 34. BE IT FURTHER RESOLVED that the District designate and authorize Moore Engineering, Inc. and Ohnstad Twichell, PC, respectively, to perform the following tasks on behalf of the District with respect to construction, the financing, operation, management, ownership and maintenance of the project: a) carry out studies as necessary for the purposes of the design of the project and the identification of the right-of-way necessary to accommodate the project; b) prepare profiles, plans and specifications for the construction of the project; c) prepare a report regarding any road crossing improvements required to accommodate the project; d) identify the temporary and permanent right-of-way that the district must acquire to accommodate the project; e) Engage appraisers to carry out real estate appraisals to identify fair compensation for the temporary and permanent right-of-way that the district must acquire to accommodate the project; f) negotiate with landowners and otherwise administer the acquisition of the right of way; g) acquire the temporary and permanent right-of-way required to accommodate the Project, in the name of the District and at the values ​​set by the District; h) coordinate utility relocations as required to accommodate the project; (i) post bids for the construction of the Project as required by North Dakota law; j) administering tenders and the administration of construction contracts; k) Cooperate with road authorities and otherwise administer road crossing improvements necessary to accommodate the Project; (l) prepare a bond issue and otherwise secure project financing; m) seek and obtain all necessary permits and approvals from all applicable federal and state entities, including the North Dakota State Engineer’s Office; n) seek cost sharing from any applicable federal, state, or local government entity, including the North Dakota State Water Board; and (o) otherwise perform all other duties necessary to finance, finance, develop, design, construct, operate, manage, own and maintain the Project. BE IT FURTHER RESOLVED that the District will use funds generated pursuant to Sections 61-21-46 and 61-16.1-45 to fund and finance the project. BE IT FURTHER RESOLVED that the project will not constitute the construction of a “lateral drain” under North Dakota law. BE IT FURTHER RESOLVED that the District will not require the Drain 34 Assessment District to exceed the maximum annual drawdown threshold of four dollars over a six year period and therefore the project does not require a vote. excess levy, a supplemental assessment district vote, a landowner’s vote, or any other supplemental legal process under North Dakota law. APPROVED: Rodger Olson, President CERTIFICATE: Carol Harbeke Lewis Secretary-Treasurer Date Approved: October 6, 2022 (Oct 12, 2022) 109268