HF 740

as introduced - 87th Legislature (2011 - 2012) Posted on 02/28/2011 10:01am

A bill for an act
relating to water; allowing number of watershed district managers to be
decreased; amending Minnesota Statutes 2010, section 103D.305.

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

Section 1.

Minnesota Statutes 2010, section 103D.305, is amended to read:

103D.305 deleted text begin INCREASING deleted text end new text begin ADJUSTING THE new text end NUMBER OF MANAGERS.

Subdivision 1.

Initiation.

A proceeding to increase new text begin or decrease new text end the number of
managers of a watershed district must be initiated by filing a petition with the board.

Subd. 2.

Petition signatures.

The petition to increase new text begin or decrease new text end the number of
managers must request the increase new text begin or decrease new text end and be signed by one or more of the
following groups:

(1) one-half or more of the counties within the watershed district;

(2) counties with 50 percent or more of the area within the watershed district;

(3) a majority or greater number of the cities within the watershed district;

(4) 50 or more resident owners residing in the watershed district, excluding resident
owners within the corporate limits of a city if the city has signed the petition; or

(5) the managers of the watershed district.

Subd. 3.

Hearing order.

When the board receives a petition to increase new text begin or decrease
new text end the number of managers of a watershed district, the board must order a hearing on the
petition.

Subd. 4.

Hearing notice.

(a) The board must give notice of the hearing to increase
new text begin or decrease new text end the number of managers by publication in a legal newspaper published in
counties affected by the watershed district. The last publication must occur at least ten
days before the hearing.

(b) The board must give notice of the hearing by mail to the auditors of counties and
to the chief executive officials of municipalities affected by the watershed district.

(c) The notice must include:

(1) a statement that a petition to increase new text begin or decrease new text end the number of managers of the
watershed district has been filed with the board;

(2) a general description of the purpose of the watershed district;

(3) a general description of the property in the watershed district;

(4) the date, time, and location of the hearing; and

(5) a statement that all persons affected or interested in the watershed district may
attend and give statements at the hearing.

Subd. 5.

Hearing.

(a) If the board determines at the hearing that an increase new text begin or
decrease new text end in the number of managers would benefit the public welfare, public interest, and
the purpose of this chapter, the board must increase new text begin or decrease new text end the number of managers.

(b) If the watershed district affects more than one county, the board, by order, must
direct the distribution of the managers among the affected counties.