HF 1483

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to natural resources; providing for the protection and restoration of water
quality in lakes and bodies of water of regional significance; appropriating
money; proposing coding for new law in Minnesota Statutes, chapter 383B.

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

Section 1.

new text begin [383B.741] REGIONAL PARK WATER QUALITY.
new text end

new text begin (a) For the purpose of preserving or restoring the quality of lakes or other water
resources, protecting the public health and welfare, and protecting the public's interest
in natural resources, the Three Rivers Park District has, in addition to the powers set
forth in sections 398.08 and 398.09, the following powers relative to water resources
within or bordering upon parks or reserves over which the Three Rivers Park District
has supervisory authority or ownership:
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new text begin (1) to enter into joint power agreements pursuant to section 471.59;
new text end

new text begin (2) to cooperate or contract with any state or subdivision of a state or federal agency,
private corporation, political subdivision, or cooperative association;
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new text begin (3) to perform all acts expressly authorized, and all other acts necessary and proper
for the Three Rivers Park District to carry out and exercise the powers expressly vested
in it;
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new text begin (4) to exercise the power of eminent domain without the restrictions of section
398.09, paragraph (b), clause (1), and in the cases where a significant water resource is
impaired and acquisition of the property involved is necessary to accomplish the purpose
set forth herein;
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new text begin (5) to make necessary surveys or use other reliable surveys and data and develop
projects and programs to acquire data to accomplish the purposes of this section;
new text end

new text begin (6) to establish and maintain devices for acquiring and recording hydrological and
water quality data;
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new text begin (7) to construct, clean, repair, alter, abandon, consolidate, reclaim, or change the
course or terminus of any public ditch drain, sewer, and, subject to permitting requirements
of the Department of Natural Resources, any river or watercourse, natural or artificial,
within the Three Rivers Park District;
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new text begin (8) to acquire, operate, construct, and maintain dams, dikes, reservoirs, water supply
systems, and appurtenant works;
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new text begin (9) to acquire by gift, purchase, or by the right of eminent domain, necessary real
and personal property;
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new text begin (10) to make contracts or other arrangement with the federal government, persons,
railroads, or other corporations, political subdivisions, and the state or other states, with
drainage authorities, flood control, soil conservation, or other improvement districts in
this state or other states, for cooperation or assistance in constructing, maintaining, and
operating the projects of the Three Rivers Park District, or for the control of its waters, or
for making surveys and investigations or reports on them; and
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new text begin (11) to build, construct, reconstruct, repair, enlarge, improve, or in any other
manner obtain storm water systems, including mains, holding areas and ponds, and other
appurtenances and related facilities for the collection and disposal of storm water, maintain
and operate the facilities, and acquire by gift, purchase, lease, condemnation, or otherwise
any and all land and easements required for that purpose.
new text end

new text begin (b) The Three Rivers Park District is exempt from fees charged by political
subdivisions for permits required for activities conducted under this section.
new text end

new text begin (c) If the powers delegated by this section constitute the exclusive source of
authority for any activity undertaken by the Three Rivers Park District, the district's action
may only be undertaken pursuant to a joint powers agreement with another entity having
water management authority relating to the lake or other water resource involved.
new text end

Sec. 2. new text begin APPROPRIATION.
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new text begin $5,000,000 is appropriated from the general fund in fiscal year 2008 to the Three
Rivers Park District to be used, along with an equal amount provided by the district, for
the purposes set forth in this act. Appropriated money not expended by December 31,
2012, reverts to the state. The district shall annually certify to the satisfaction of the
commissioner of revenue that appropriated money that is being spent is being matched by
the district, and that the activities undertaken are consistent with purposes established in
this act. Ninety days prior to undertaking any activities pursuant to this act, other than
planning or other preliminary activities, the district shall provide all affected local units
of government including organizations with responsibility over water resources and the
commissioner of natural resources with a copy of the project plan and afford interested
parties an opportunity to provide input and commentary. All money appropriated by the
state in this section and matched by the district shall be accounted for separately. This
appropriation may be used to:
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new text begin (1) control or alleviate damage from flood waters;
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new text begin (2) improve stream channels for drainage, navigation, and any other public purpose;
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new text begin (3) improve storm water management systems;
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new text begin (4) create storm water best management practices;
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new text begin (5) regulate the flow of streams and conserve the streams' water;
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new text begin (6) protect and improve lake and stream water quality;
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new text begin (7) provide for sanitation and public health, and regulate the use of streams, ditches,
or watercourses to dispose of water;
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new text begin (8) repair, improve, relocate, modify, consolidate, and abandon all or part of
drainage systems;
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new text begin (9) control or alleviate soil erosion and siltation of watercourses or water basins;
new text end

new text begin (10) make improvements of the beds, banks, and shores of lakes, streams, and
wetlands for preservation and beneficial use; and
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new text begin (11) protect or enhance the water quality in watercourses or water basins.
new text end