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HF 1810

as introduced - 87th Legislature (2011 - 2012) Posted on 02/10/2012 12:16pm

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 01/13/2012

Current Version - as introduced

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A bill for an act
relating to capital investment; establishing the Lake Superior-Poplar River Water
District; appropriating money for the construction of water facilities; authorizing
the sale and issuance of state bonds.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin LAKE SUPERIOR-POPLAR RIVER WATER DISTRICT.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Lake Superior-Poplar River Water District is
created as a municipal corporation, having the powers provided under Minnesota Statutes,
chapters 110A; 429, notwithstanding any provision of chapter 110A to the contrary; and
444. Notwithstanding any law to the contrary, the district shall not have the power to issue
general obligation bonds. Minnesota Statutes, sections 110A.04, 110A.07, and 110A.09 to
110A.18, shall not apply to the district or to the board created by this act.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For purposes of applying Minnesota Statutes, chapter 110A,
to this act, "works" and "systems" shall include irrigation purposes, "court" is deemed to
refer to the board of county commissioners, and "secretary of state" is deemed to refer to
the county auditor.
new text end

new text begin Subd. 3. new text end

new text begin Territory included in the district. new text end

new text begin The territory of the district shall
include all lands within sections 20, 21, 28, 29, 32, and 33 of Township 60 North, Range 3
West of the Fourth Principal Median. Additional territory may be added as provided in
Minnesota Statutes, sections 110A.19 to 110A.22.
new text end

new text begin Subd. 4. new text end

new text begin Payment of costs. new text end

new text begin No person shall be obligated to purchase or be entitled
to receive water from the district unless that person is a party to a contract to purchase
water from the district. Excluding any initial capital investment funded by the state, all
capital and operating expenses of the district shall be paid by the users in proportion to
their use of water. The cost of distribution lines: (1) departing from the main water pipe
from Lake Superior to the domestic water treatment plant to any user; or (2) from the
water treatment plant to any user, shall be paid for by the user of the water either at the
time of installation or by user charges that allow the district to recoup the full cost of the
distribution lines and the cost of financing. Subject to this subdivision and the availability
of water under any applicable permit with a state or federal agency, any owner of land
within the district may contract with the district for the purchase of water.
new text end

new text begin Subd. 5. new text end

new text begin Board of directors; elections. new text end

new text begin (a) The district shall be governed by a
board of directors which shall have not less than three nor more than 13 members. The
district's initial directors shall be appointed by the Cook County Board of Commissioners,
with one director representing the domestic water users to serve for three years; up to two
directors representing the irrigation water users, one to serve for two years and one to
serve for three years; and up to two directors representing the commercial, stock watering,
and industrial users, one to serve for one year and one to serve for two years.
new text end

new text begin (b) The district's establishment shall take effect upon the Cook County Board of
Commissioners' appointment of the initial directors. The initial directors shall meet for
the purposes of organization within 30 days of their appointment. Thereafter, except
as otherwise provided in this subdivision, directors shall be elected in accordance with
Minnesota Statutes, section 110A.24, from election divisions comprised of domestic water
users, irrigation water users, and commercial, stock watering, and industrial users. Each
use classification shall be entitled to elect one director, plus one additional director if its
expected water usage for the following fiscal year exceeds ten percent of total water
usage. Each water user within each use classification shall be entitled to cast one vote for
each one percent of expected water usage for the following fiscal year. A homeowner's
association shall vote on behalf of its members if duly authorized by appropriate action by
the association's members. Prior to each election, the board of directors shall determine
the use classifications entitled to vote, the expected water use percentage of each user and
of use classification for the following fiscal year, and the number of directors each use
classification is entitled to elect. The election shall be conducted and supervised by the
board of directors and ratified by the Cook County Board of Commissioners.
new text end

new text begin EFFECTIVE DATE; LOCAL APPROVAL. new text end

new text begin This section is effective the day after
the governing body of Cook County and its chief clerical officer comply with Minnesota
Statutes, section 645.021, subdivisions 2 and 3.
new text end

Sec. 2. new text begin APPROPRIATION AND BOND SALE.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $3,600,000 is appropriated from the bond proceeds
fund to the Public Facilities Authority for a grant to the district created in section 1 to
acquire easements, licenses, and other interests in real property, and to engineer, design,
permit, and construct works and systems to transport and treat water from Lake Superior
through the Poplar River Valley to serve domestic water users, irrigation water users, and
commercial, stock watering, and industrial users. This appropriation or any portion of it is
available when the authority has determined that at least $1,200,000 has been committed
to the project from nonstate sources. Expenditures made on or after October 1, 2011, for
this project shall count towards the match of nonstate sources.
new text end

new text begin Subd. 2. new text end

new text begin Bond sale. new text end

new text begin To provide the money appropriated in this section from the
bond proceeds fund, the commissioner of management and budget shall sell and issue
bonds of the state in an amount up to $3,600,000 in the manner, upon the terms, and with
the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the
Minnesota Constitution, article XI, sections 4 to 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end