HF 2536

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

A bill for an act
relating to environment; authorizing establishment of basin boards; appropriating
money; amending Minnesota Statutes 2006, section 103D.205, subdivision
3; Minnesota Statutes 2007 Supplement, section 103B.102, subdivision 2;
proposing coding for new law in Minnesota Statutes, chapters 103A; 103B.

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

Section 1.

new text begin [103A.212] BASIN WATERSHED MANAGEMENT POLICY.
new text end

new text begin The quality of life of every Minnesotan depends on water. Minnesota's rivers, lakes,
streams, wetlands, and groundwater provide a foundation for the state's recreational,
municipal, commercial, industrial, agricultural, environmental, aesthetic, and economic
well being. The legislature finds that it is in the public interest to manage water resources
from the perspective of watersheds and river basins to achieve protection, preservation,
enhancement, and restoration of the state's valuable water resources.
new text end

Sec. 2.

Minnesota Statutes 2007 Supplement, section 103B.102, subdivision 2, is
amended to read:

Subd. 2.

Definitions.

For the purposes of this section, "local water management
entities" means new text begin basin boards, new text end watershed districts, soil and water conservation districts,
metropolitan water management organizations, and counties operating separately or
jointly in their role as local water management authorities under chapter 103B, 103C,
103D, or 103G and chapter 114D.

Sec. 3.

new text begin [103B.176] DEFINITIONS.
new text end

new text begin (a) For the purposes of sections 103B.176 to 103B.179, the following terms have
the meanings given.
new text end

new text begin (b) "Basin board" means a formally organized joint powers organization representing
the watershed management organizations defined in paragraph (d) established along
boundaries of the nine major river basins listed in section 103B.177, subdivision 2.
new text end

new text begin (c) "Local water management entities" means watershed districts, soil and water
conservation districts, metropolitan water management organizations, lake improvement
districts, lake conservation districts, and counties under this chapter and chapters 103C,
103D, and 114.
new text end

new text begin (d) "Watershed management organization" means a watershed district under chapter
103D; a watershed management organization under section 103B.211; or a formally
organized joint powers organization of counties, cities, soil and water conservation
districts, and watershed districts located outside the seven-county metropolitan area
as defined under section 473.121, subdivision 2, encompassing one or more of the
state's major watersheds. Lake improvement districts are not watershed management
organizations.
new text end

Sec. 4.

new text begin [103B.177] BASIN WATERSHED MANAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Basin management purpose. new text end

new text begin The purposes of basin watershed
management are to:
new text end

new text begin (1) protect, preserve, and use natural surface and groundwater storage and retention
systems;
new text end

new text begin (2) maximize benefits of public capital expenditures needed to correct flooding and
water quality problems;
new text end

new text begin (3) identify and plan for means to effectively protect and improve surface and
groundwater quality;
new text end

new text begin (4) establish more uniform policies, goals, and objectives for surface and
groundwater management;
new text end

new text begin (5) prevent erosion of soil and associated pollutants into surface water systems;
new text end

new text begin (6) promote groundwater recharge;
new text end

new text begin (7) protect and enhance fish and wildlife habitat;
new text end

new text begin (8) secure other benefits associated with the sustainable use and management of
surface and groundwater resources;
new text end

new text begin (9) promote coordination and cooperation among basin water management
organizations;
new text end

new text begin (10) work with other public agencies and citizen volunteers collecting scientific data
used to identify and restore impaired waters; and
new text end

new text begin (11) facilitate resolution of water resources conflicts.
new text end

new text begin Subd. 2. new text end

new text begin Basin boards. new text end

new text begin A basin board is established in each of the state's
major river basins. A basin board's purpose is to coordinate basin water management
activities, implement projects and programs of common benefit to the basin, and monitor
performance of local water management entities. The major river basins are:
new text end

new text begin (1) Rainy River Basin;
new text end

new text begin (2) Great Lakes Basin;
new text end

new text begin (3) St. Croix River Basin;
new text end

new text begin (4) Middle Mississippi River Basin;
new text end

new text begin (5) Lower Mississippi-Cedar Rivers Basin;
new text end

new text begin (6) Missouri-Des Moines Rivers Basin;
new text end

new text begin (7) Upper Mississippi River Basin;
new text end

new text begin (8) Minnesota River Basin; and
new text end

new text begin (9) Red River of the North Basin.
new text end

new text begin Subd. 3. new text end

new text begin Membership; organization. new text end

new text begin Membership of the basin boards in
subdivision 2 consists of one member from each of the existing watershed management
organizations or from each of the major watershed units where there is no formally
organized watershed management organization within the basin. The governing body for
each watershed management organization shall appoint one member. If no watershed
management organization exists, the counties and soil and water conservation districts
located wholly or partially within, or any watershed district located partially within,
each major watershed unit shall jointly appoint one member that resides in the major
watershed unit. A member of a basin board must be a county commissioner, soil and water
conservation district supervisor, a watershed district manager, or an elected city official.
new text end

new text begin (b) Each basin board shall annually elect from among its members a chair, vice-chair,
and secretary-treasurer who shall serve for concurrent three-year terms. The chair shall
preside over all meetings of the basin board and may call special meetings at reasonable
times and with adequate notice, when necessary. The vice-chair shall preside over the
meetings of the basin board in the absence of the chair. The secretary-treasurer or the
designee of the secretary-treasurer shall keep a record of all proceedings of the basin board.
The secretary-treasurer shall provide for the proper receipt and disbursement of funds.
new text end

new text begin (c) On or before January 1, 2010, each basin board shall submit to the Board of
Water and Soil Resources for approval a basin board organization plan that details
the basin board's membership, structure, and operating authority in order to meet the
requirements of sections 103B.176 to 103B.179.
new text end

new text begin Subd. 4. new text end

new text begin Advisory committee. new text end

new text begin (a) A basin board must annually appoint an advisory
committee to advise and assist the basin board on all matters affecting the interests of
the basin and make recommendations to the basin board on all contemplated projects
and improvements in the basin.
new text end

new text begin (b) An advisory committee must consist of at least six members. Half of the
members of the advisory committee members should be public officials from local units of
government and the other half should be landowners within the basin. The members must
be residents of the basin.
new text end

new text begin Subd. 5. new text end

new text begin Basin management plans. new text end

new text begin On or before January 1, 2012, each basin board
shall adopt a basin management plan and submit the plan to the Board of Water and Soil
Resources for approval. The basin management plan must build on local water plans,
establish goals and measurable outcomes, and coordinate actions addressing the water
quality, flood protection, land conservation, and related ecosystem needs of the basin.
new text end

new text begin Subd. 6. new text end

new text begin Watershed management organization plans. new text end

new text begin Effective January 1, 2010,
all watershed management organization plans and local water plans developed under
sections 103B.231, 103B.235, 103B.255, 103B.311, 103B.501, 103B.601, 103B.651,
103C.331, subdivision 11, and 103D.401, shall be submitted to the appropriate basin
board for review and comment on the consistency of the proposed plan with the basin
management plan. A county or soil and water conservation district may use this plan to
meet the local water management plan requirements of sections 103B.311 and 103C.331,
subdivision 11.
new text end

new text begin Subd. 7. new text end

new text begin Authority. new text end

new text begin (a) A basin board may hire or contract for resources to carry
out its responsibilities under this section.
new text end

new text begin (b) A basin board has the authority to and must participate in interstate and
international river basin organizations that are geographically and hydrologically
connected with the river basin.
new text end

Sec. 5.

new text begin [103B.178] WATERSHED MANAGEMENT ORGANIZATIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Authority. new text end

new text begin (a) A party to a joint powers agreement under section
471.59 to jointly or cooperatively manage or plan for the management of surface water
and groundwater in a watershed under this section has, in addition to other authorities
granted under section 471.59, the authority to prepare, adopt, and implement a plan for the
watershed meeting the requirements of section 103B.231.
new text end

new text begin (b) Decisions by a joint powers board may not require more than a majority vote,
except a decision on a capital improvement project, which may require no more than a
two-thirds vote.
new text end

new text begin Subd. 2. new text end

new text begin Review of watershed boundaries. new text end

new text begin Before commencing planning, a
watershed management organization established under this section and section 471.59
must submit a map delineating the boundaries of the watershed management organization
to the Board of Water and Soil Resources for review and comment. The Board of Water
and Soil Resources has 60 days to comment.
new text end

Sec. 6.

new text begin [103B.179] ACCOUNTABILITY AND OVERSIGHT.
new text end

new text begin Subdivision 1. new text end

new text begin Standards. new text end

new text begin A basin board may, in its basin management plan, adopt
additional performance and operational standards for its member watershed management
organizations. Water management organizations or local water management entities are
not eligible for Clean Water Legacy restoration and protection implementation grants or
loans unless they are formally organized and have a water plan approved by the Board of
Water and Soil Resources and there is cooperation, coordination, and implementation on
a watershed basis.
new text end

new text begin Subd. 2. new text end

new text begin Corrective actions. new text end

new text begin (a) In addition to any other powers granted to the
Board of Water and Soil Resources, the Board of Water and Soil Resources may intervene
for the purpose of resolving disputes between a basin board and its member watershed
management organizations.
new text end

new text begin (b) A basin board may petition the Board of Water and Soil Resources to establish a
watershed management district if deficiencies identified by the Board of Water and Soil
Resources are not corrected within two years. The Board of Water and Soil Resources
may, after public notice and hearing, declare a watershed management organization
nonimplementing and initiate proceedings for establishment of a watershed district.
new text end

Sec. 7.

Minnesota Statutes 2006, section 103D.205, subdivision 3, is amended to read:

Subd. 3.

Signatures.

The establishment petition must be signed by one or more
of the following groups:

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

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

(3) a majority of the cities within the proposed watershed district; deleted text begin or
deleted text end

(4) 50 or more resident owners residing in the proposed watershed district, excluding
resident owners within the corporate limits of a city if the city has signed the petition deleted text begin . deleted text end new text begin ; or
new text end

new text begin (5) a basin board under section 103B.179, subdivision 2.
new text end

Sec. 8. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated in fiscal year .... from ... to .... as a onetime appropriation for
grants to the basin boards to assist in development of the basin plan goals, objectives,
priorities, and outcomes.
new text end

new text begin $....... in fiscal year .... and $....... in fiscal year .... are appropriated from ... to the
Board of Water and Soil Resources for increased staffing and capacity to support the
watershed management effort of this act.
new text end