HF 3882

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to drainage; changing the law governing 
  1.3             watershed and drainage districts; amending Minnesota 
  1.4             Statutes 1996, sections 103D.201, subdivision 2; 
  1.5             103D.335, subdivision 9; 103D.715, subdivision 4; 
  1.6             103D.721, subdivision 3; 103E.005, subdivision 11; 
  1.7             103E.011, subdivision 4, and by adding a subdivision; 
  1.8             103E.015, subdivision 2, and by adding a subdivision; 
  1.9             103E.021, subdivisions 1 and 4; 103E.025; 103E.091, 
  1.10            subdivisions 1 and 4; 103E.202, subdivisions 3, 4, and 
  1.11            by adding a subdivision; 103E.212, subdivision 3; 
  1.12            103E.215, subdivision 4; 103E.221, subdivisions 2 and 
  1.13            6; 103E.225, subdivision 1; 103E.245, subdivisions 1, 
  1.14            2, and 4; 103E.255; 103E.261, subdivisions 4 and 5; 
  1.15            103E.285, subdivision 10; 103E.305, subdivision 1; 
  1.16            103E.315, subdivisions 1, 5, and 6; 103E.321, 
  1.17            subdivision 1; 103E.323, subdivision 1; 103E.341; 
  1.18            103E.351, subdivisions 1 and 2; 103E.411, subdivision 
  1.19            1; 103E.701, subdivisions 2 and 6; 103E.805, 
  1.20            subdivisions 1 and 3; and 103E.811, subdivisions 3 and 
  1.21            5; repealing Minnesota Statutes 1996, sections 
  1.22            103E.097; 103E.105; 103E.115; 103E.121; and 103E.315, 
  1.23            subdivision 7. 
  1.24  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.25     Section 1.  Minnesota Statutes 1996, section 103D.201, 
  1.26  subdivision 2, is amended to read: 
  1.27     Subd. 2.  [SPECIFIC PURPOSES.] A watershed district may be 
  1.28  established for any of the following purposes: 
  1.29     (1) to control or alleviate damage from flood waters; 
  1.30     (2) to improve stream channels for drainage, navigation, 
  1.31  and any other public purpose; 
  1.32     (3) to reclaim or fill wet and overflowed land restore and 
  1.33  create wetlands; 
  1.34     (4) to provide a water supply for irrigation; 
  2.1      (5) to regulate the flow of streams and conserve the 
  2.2   streams' water; 
  2.3      (6) to divert or change all or part of watercourses; 
  2.4      (7) to provide or conserve water supply for domestic, 
  2.5   industrial, recreational, agricultural, or other public use; 
  2.6      (8) to provide for sanitation and public health, and 
  2.7   regulate the use of streams, ditches, or watercourses to dispose 
  2.8   of waste; 
  2.9      (9) to repair, improve, relocate, modify, consolidate, and 
  2.10  abandon all or part of drainage systems within a watershed 
  2.11  district; 
  2.12     (10) to control or alleviate soil erosion and siltation of 
  2.13  watercourses or water basins; 
  2.14     (11) to regulate improvements by riparian property owners 
  2.15  of the beds, banks, and shores of lakes, streams public waters, 
  2.16  and wetlands for preservation and beneficial public use; 
  2.17     (12) to provide for hydroelectric power generation; 
  2.18     (13) to protect or enhance the water quality in 
  2.19  watercourses or water basins; and 
  2.20     (14) to provide for the protection of groundwater and 
  2.21  regulate its use to preserve it for beneficial purposes.  
  2.22     Sec. 2.  Minnesota Statutes 1996, section 103D.335, 
  2.23  subdivision 9, is amended to read: 
  2.24     Subd. 9.  [WATER CONTROL WORKS.] The managers may acquire, 
  2.25  operate, construct, and maintain dams, dikes, reservoirs, water 
  2.26  supply systems, and appurtenant works and restore and create 
  2.27  wetlands.  
  2.28     Sec. 3.  Minnesota Statutes 1996, section 103D.715, 
  2.29  subdivision 4, is amended to read: 
  2.30     Subd. 4.  [BENEFITS AND DAMAGES TO STATE LAND HELD FOR 
  2.31  CONSERVATION PURPOSES.] For all watershed district projects, 
  2.32  benefits and damages to property owned by the state or a state 
  2.33  agency, held and used for the purposes described in sections 
  2.34  103E.025 and 103E.315, subdivision 1, must be determined using 
  2.35  the procedure provided in sections 103E.025 and 103E.315, 
  2.36  subdivision 1.  If a state permit is required from the 
  3.1   commissioner to construct the project, state land may not be 
  3.2   taken, damaged, or benefited until the permit is issued. 
  3.3      Sec. 4.  Minnesota Statutes 1996, section 103D.721, 
  3.4   subdivision 3, is amended to read: 
  3.5      Subd. 3.  [STATE PROPERTY LAND HELD FOR CONSERVATION 
  3.6   PURPOSES.] For all watershed district projects, benefits and 
  3.7   damages to property owned by the state or a state agency that is 
  3.8   held and used for the purposes described in sections 103E.025 
  3.9   and 103E.315, subdivision 1, shall be determined using the 
  3.10  procedure provided in sections 103E.025 and 103E.315, 
  3.11  subdivision 1.  If a state permit is required from the 
  3.12  commissioner to construct the project, state land may not be 
  3.13  taken, damaged, or benefited until the permit is issued. 
  3.14     Sec. 5.  Minnesota Statutes 1996, section 103E.005, 
  3.15  subdivision 11, is amended to read: 
  3.16     Subd. 11.  [DRAINAGE PROJECT.] "Drainage project" means a 
  3.17  new drainage system, a repair, an improvement of a drainage 
  3.18  system, an improvement of an outlet, or a lateral.  
  3.19     Sec. 6.  Minnesota Statutes 1996, section 103E.011, 
  3.20  subdivision 4, is amended to read: 
  3.21     Subd. 4.  [FLOOD CONTROL.] The drainage authority may 
  3.22  construct necessary dams, structures, and improvements and 
  3.23  maintain them to impound and release flood water to prevent 
  3.24  damage.  The dams, structures, and improvements may be 
  3.25  constructed with or without a drainage project.  For a water 
  3.26  body or watercourse that is not public waters The drainage 
  3.27  authority may: 
  3.28     (1) lower or establish the level of water in the water body 
  3.29  or watercourse public waters or wetlands to control flood 
  3.30  waters; 
  3.31     (2) build structures and improvements to maintain a water 
  3.32  body or watercourse for flood control or other public purposes; 
  3.33  and 
  3.34     (3) construct dikes or dams in a water body to maintain 
  3.35  water at the level designated by the drainage authority and to 
  3.36  drain part of the water body public waters or wetlands.  
  4.1      Sec. 7.  Minnesota Statutes 1996, section 103E.011, is 
  4.2   amended by adding a subdivision to read: 
  4.3      Subd. 5.  [CONFORMANCE WITH CHAPTER 103G.] The drainage 
  4.4   authority may change the course, current, or cross-section of 
  4.5   public waters or drain or fill wetlands only in conformance with 
  4.6   chapter 103G. 
  4.7      Sec. 8.  Minnesota Statutes 1996, section 103E.015, 
  4.8   subdivision 2, is amended to read: 
  4.9      Subd. 2.  [DETERMINING PUBLIC UTILITY, BENEFIT, OR 
  4.10  WELFARE POLICY.] In any proceeding to establish a drainage 
  4.11  project, or in the construction of or other work affecting a 
  4.12  public drainage system under any law, the drainage authority or 
  4.13  other authority having jurisdiction over the proceeding must 
  4.14  give proper consideration to the environmental policies of the 
  4.15  state set out in chapter 103A, conservation of soil, water, 
  4.16  forests, wild animals, and related natural resources, and to 
  4.17  other public interests affected, together with other material 
  4.18  matters as provided by law in determining whether the project 
  4.19  will be of public utility, benefit, or welfare.  
  4.20     Sec. 9.  Minnesota Statutes 1996, section 103E.015, is 
  4.21  amended by adding a subdivision to read: 
  4.22     Subd. 3.  [FLOODING, WATER QUALITY, AND OTHER ENVIRONMENTAL 
  4.23  EFFECTS.] The drainage authority shall not approve a project 
  4.24  which will increase flooding or decrease water quality in 
  4.25  downstream waters, or will or is likely to result in pollution, 
  4.26  impairment, or destruction of natural resources in violation of 
  4.27  chapters 116B and 116D. 
  4.28     Sec. 10.  Minnesota Statutes 1996, section 103E.021, 
  4.29  subdivision 1, is amended to read: 
  4.30     Subdivision 1.  [SPOIL BANKS MUST BE SPREAD AND GRASS 
  4.31  PLANTED.] (a) In any proceeding to establish, construct, 
  4.32  improve, or do any work affecting a public drainage system under 
  4.33  any law that appoints viewers to assess benefits and damages, 
  4.34  the authority having jurisdiction over the proceeding shall 
  4.35  order spoil banks to be spread consistent with the plan and 
  4.36  function of the drainage system.  The authority shall order that 
  5.1   permanent grass, other than a noxious weed, be planted on the 
  5.2   banks and on a strip 16-1/2 feet in width or to the crown of the 
  5.3   leveled spoil bank, whichever is the greater, on each side of 
  5.4   the top edge of the channel of the ditch.  The acreage and 
  5.5   additional property required for the planting must be acquired 
  5.6   by the authority having jurisdiction.  
  5.7      (b) By December 31, 2000, each drainage authority, 
  5.8   including watershed districts, shall submit to the agricultural 
  5.9   committees of the legislature a map showing all the drainage 
  5.10  ditches for which the authority is responsible, indicating where 
  5.11  grass strips have been ordered under paragraph (a).  By December 
  5.12  31, 2003, each authority shall have completed the process 
  5.13  described in paragraph (a) for all of its ditches, initiating 
  5.14  redetermination of benefits proceedings where necessary in order 
  5.15  to accomplish that purpose. 
  5.16     Sec. 11.  Minnesota Statutes 1996, section 103E.021, 
  5.17  subdivision 4, is amended to read: 
  5.18     Subd. 4.  [COMPLIANCE WORK BY DRAINAGE AUTHORITY.] (a) If a 
  5.19  property owner does not bring an area into compliance with this 
  5.20  section as provided in the compliance notice, the inspection 
  5.21  committee or drainage inspector must notify the drainage 
  5.22  authority.  If a property owner does not bring an area into 
  5.23  compliance after being notified under section 103E.705, 
  5.24  subdivision 2, the drainage authority must issue an order to 
  5.25  have the work performed to bring the property into compliance.  
  5.26  After the work is completed, the drainage authority must send a 
  5.27  statement of the expenses incurred to bring the property into 
  5.28  compliance to the auditor of the county where the property is 
  5.29  located and to the property owner.  
  5.30     (b) The drainage authority shall notify all owners of 
  5.31  noncompliant areas by December 31, 2000, and carry out further 
  5.32  proceedings under paragraph (a) as necessary to have all areas 
  5.33  compliant by December 31, 2003. 
  5.34     Sec. 12.  Minnesota Statutes 1996, section 103E.025, is 
  5.35  amended to read: 
  5.36     103E.025 [PROCEDURE FOR DRAINAGE PROJECT THAT AFFECTS STATE 
  6.1   LAND OR WATER AREA USED BENEFITS AND DAMAGES TO AREAS HELD FOR 
  6.2   CONSERVATION PURPOSES.] 
  6.3      Subdivision 1.  [AREAS SUBJECT TO THIS SECTION.] If a land 
  6.4   or water area: 
  6.5      (1) is subject to a perpetual conservation easement as 
  6.6   defined in chapter 84C or is owned by the state and or other 
  6.7   public entity, or is owned by a nonprofit conservation 
  6.8   organization recognized as a 501(c)(3) charity by the United 
  6.9   States Internal Revenue Service; 
  6.10     (2) is held or used to protect or propagate wild animals, 
  6.11  provide hunting or fishing for the public, or for any other 
  6.12  purpose relating to the conservation, development, or use of 
  6.13  soil, water, forests, wild animals, or related natural 
  6.14  resources; and 
  6.15     (3) will be affected by any public project or proceeding 
  6.16  for drainage under any law, 
  6.17  then all procedures relating to the project or proceeding are 
  6.18  subject to this section, if applicable. 
  6.19     Subd. 2.  [CONDITIONS TO TAKE OR DAMAGE STATE LAND AND 
  6.20  WATER AREAS.] (a) Any part of the state such land or water area 
  6.21  held for conservation purposes may be taken or damaged for a 
  6.22  public project after payment of just compensation as provided by 
  6.23  law and under the provisions of this subdivision. 
  6.24     (b) The authority having jurisdiction of the drainage 
  6.25  project or proceeding shall first find and determine that there 
  6.26  is public necessity for the taking or damage that is greater 
  6.27  than the public interest in the purposes for which the affected 
  6.28  land and water areas are held or used by the state. 
  6.29     (c) In determining the compensation to be paid for the 
  6.30  taking or damage, the authority must give proper consideration 
  6.31  to the value of the land and water area for the purposes it is 
  6.32  held or used by the state and other material elements of value. 
  6.33     (d) Public waters and wetlands may not be taken, damaged, 
  6.34  or impaired except as otherwise expressly authorized by law, and 
  6.35  a provision of any other law for the protection or conservation 
  6.36  of public waters and wetlands may not be abridged or superseded 
  7.1   by this subdivision. 
  7.2      Subd. 3.  [CONSIDERATIONS IN DETERMINING BENEFITS.] In 
  7.3   determining Benefits may not be assigned to the state such land 
  7.4   or water area in any proceeding to levy assessments or offset 
  7.5   benefits against damages, proper consideration must be given to 
  7.6   the value of the area for the purpose it is held or used by the 
  7.7   state, with other material elements of value unless the owner 
  7.8   consents.  Owners who do not consent may not thereafter act so 
  7.9   as to increase water runoff from their land to the drainage 
  7.10  system, and thereafter have no standing to object to abandonment 
  7.11  to all or any part of the system. 
  7.12     Subd. 4.  [AMOUNTS PAID TO STATE.] Any amounts paid to the 
  7.13  state for taking or damaging the state land or water area in a 
  7.14  proceeding must be credited to the proper account for 
  7.15  acquisition, development, or maintenance of the areas, and the 
  7.16  amount is appropriated to the commissioner for those purposes to 
  7.17  remain available until expended. 
  7.18     Subd. 5.  [MONEY TO PAY ASSESSMENTS.] Assessments for 
  7.19  benefits made against the state land or water area in a 
  7.20  proceeding must be paid out of money appropriated and available 
  7.21  to pay assessments as provided by law.  
  7.22     Sec. 13.  Minnesota Statutes 1996, section 103E.091, 
  7.23  subdivision 1, is amended to read: 
  7.24     Subdivision 1.  [GROUNDS FOR APPEAL.] A party may appeal to 
  7.25  the district court from a recorded order of a drainage authority 
  7.26  made in a drainage proceeding that determines: 
  7.27     (1) the amount of benefits; 
  7.28     (2) the amount of damages; or 
  7.29     (3) fees or expenses allowed; or 
  7.30     (4) whether the environmental and land use requirements and 
  7.31  criteria of section 103E.015, subdivision 1, are met.  
  7.32     Sec. 14.  Minnesota Statutes 1996, section 103E.091, 
  7.33  subdivision 4, is amended to read: 
  7.34     Subd. 4.  [APPEAL TRIAL.] (a) The issues in the appeal are 
  7.35  entitled to a trial by a jury in the district court of the 
  7.36  county where the drainage proceeding was pending. 
  8.1      (b) At the request of the appellant, the trial must be held 
  8.2   at the district court of the county where the affected property 
  8.3   is located.  The court administrator of the district court where 
  8.4   the appeal is first filed shall make, certify, and file with the 
  8.5   court administrator of the district court of the county where 
  8.6   the trial is transferred, a transcript of the papers and 
  8.7   documents on file in the court administrator's office in the 
  8.8   proceedings related to the matters of the appeal.  After the 
  8.9   final determination of the appeal, the court administrator of 
  8.10  the district court that tried the appeal shall certify and 
  8.11  return the verdict to the district court of the county where the 
  8.12  drainage proceedings were filed. 
  8.13     (c) The appeal shall take precedence over all other civil 
  8.14  court matters.  If there is more than one appeal to be tried in 
  8.15  one county, the court may, on its own motion or the motion of an 
  8.16  interested party, consolidate two or more appeals and try them 
  8.17  together, but the rights of the appellants must be determined 
  8.18  separately.  If the appellant does not prevail, the cost of the 
  8.19  trial must be paid by the appellant.  
  8.20     (d) The court administrator of the district court where the 
  8.21  appeal is filed shall file a certified copy of the final 
  8.22  determination of the appeal with the auditor of the affected 
  8.23  counties. 
  8.24     Sec. 15.  Minnesota Statutes 1996, section 103E.202, 
  8.25  subdivision 3, is amended to read: 
  8.26     Subd. 3.  [WITHDRAWAL OF A PETITIONER.] After a petition 
  8.27  has been filed, a petitioner may not withdraw from the 
  8.28  petition except with the written consent of all other 
  8.29  petitioners on the filed petition at any time before the ditch 
  8.30  authority makes a final decision on the project, but is liable 
  8.31  for costs incurred in the proceeding to that point.  Whenever 
  8.32  withdrawals reduce the petition to less than the minimum 
  8.33  required petitioners, the ditch authority must dismiss the 
  8.34  proceeding.  
  8.35     Sec. 16.  Minnesota Statutes 1996, section 103E.202, is 
  8.36  amended by adding a subdivision to read: 
  9.1      Subd. 3a.  [PETITIONER'S OBLIGATIONS AND RIGHTS.] In order 
  9.2   to be valid, a petition signature must be accompanied by a 
  9.3   Drainage Petitioner's Notice of Obligations and rights signed by 
  9.4   the same person.  The notice must read as follows:  
  9.5       DRAINAGE PETITIONER'S NOTICE OF OBLIGATIONS AND RIGHTS
  9.6      .. Each person who signs a petition for a drainage project 
  9.7   is jointly and severally liable for costs of the proceeding, if 
  9.8   the project is dismissed or a contract not awarded. 
  9.9      .. A petitioner may withdraw from the petition at any time 
  9.10  up until the ditch authority makes a final decision on the 
  9.11  project, but the petitioner shall be liable for a share of costs 
  9.12  incurred in the proceeding up to the time of withdrawal. 
  9.13     .. Whenever enough petitioners have withdrawn from a 
  9.14  petition to reduce the number of remaining petitioners below the 
  9.15  minimum required, the ditch authority must dismiss the 
  9.16  petitioned project. 
  9.17     
  9.18     The petitioner has read this notice and understands it. 
  9.19     
  9.20       _____________________         ________________________
  9.21              Date                    Signature of petitioner 
  9.22     Sec. 17.  Minnesota Statutes 1996, section 103E.202, 
  9.23  subdivision 4, is amended to read: 
  9.24     Subd. 4.  [FILING PETITION AND BOND.] A petition for a 
  9.25  drainage project, signed notices of obligations and rights, and 
  9.26  a bond must be filed with the auditor.  If a drainage system is 
  9.27  within two or more counties, the petition must be filed with the 
  9.28  auditor of the county with the greatest area of property that 
  9.29  the proposed drainage project passes over. 
  9.30     Sec. 18.  Minnesota Statutes 1996, section 103E.212, 
  9.31  subdivision 3, is amended to read: 
  9.32     Subd. 3.  [PETITION REQUIREMENTS.] The petition must: 
  9.33     (1) describe the 40-acre tracts or government lots and 
  9.34  property where the proposed new drainage system passes over, 
  9.35  including names and addresses of the property owners from 
  9.36  records in the county assessor's office; 
 10.1      (2) describe the starting point, the general course, and 
 10.2   the terminus of the proposed drainage system; 
 10.3      (3) state why the proposed drainage system is 
 10.4   necessary; and 
 10.5      (4) state that the proposed drainage system will benefit 
 10.6   and be useful to the public and will promote public health; and 
 10.7      (5) state that the petitioners will pay all costs of the 
 10.8   proceedings if the proceedings are dismissed or the contract for 
 10.9   the construction of the proposed drainage system is not awarded. 
 10.10     Sec. 19.  Minnesota Statutes 1996, section 103E.215, 
 10.11  subdivision 4, is amended to read: 
 10.12     Subd. 4.  [PETITION.] (a) A petition must be signed by: 
 10.13     (1) at least 26 percent of the owners of the property 
 10.14  affected by the proposed improvement; 
 10.15     (2) at least 26 percent of the owners of property that the 
 10.16  proposed improvement passes over; 
 10.17     (3) the owners of at least 26 percent of the property area 
 10.18  affected by the proposed improvement; or 
 10.19     (4) the owners of at least 26 percent of the property area 
 10.20  that the proposed improvement passes over. 
 10.21     (b) The petition must be filed with the auditor or, for a 
 10.22  drainage system in more than one county, with the auditor of the 
 10.23  county having the largest area of property the improvement would 
 10.24  be located on. 
 10.25     (c) The petition must: 
 10.26     (1) designate the drainage system proposed to be improved 
 10.27  by number or another description that identifies the drainage 
 10.28  system; 
 10.29     (2) state that the drainage system has insufficient 
 10.30  capacity or needs enlarging or extending to furnish sufficient 
 10.31  capacity or a better outlet; 
 10.32     (3) describe the starting point, general course, and 
 10.33  terminus of any extension; 
 10.34     (4) describe the improvement, including the names and 
 10.35  addresses of owners of the 40-acre tracts or government lots and 
 10.36  property that the improvement passes over; and 
 11.1      (5) state that the proposed improvement will be of public 
 11.2   utility and promote the public health; and 
 11.3      (6) contain an agreement by the petitioners that they will 
 11.4   pay all costs and expenses that may be incurred if the 
 11.5   improvement proceedings are dismissed. 
 11.6      Sec. 20.  Minnesota Statutes 1996, section 103E.221, 
 11.7   subdivision 2, is amended to read: 
 11.8      Subd. 2.  [PETITION.] (a) A petition must be signed by the 
 11.9   board of an affected county, by at least 26 percent of the 
 11.10  owners of adjoining overflowed property, or by the owners of at 
 11.11  least 26 percent of the area of the overflowed property.  The 
 11.12  petition must: 
 11.13     (1) describe the property that has been or is likely to be 
 11.14  overflowed including the names and addresses of the property 
 11.15  owners from records in the county assessor's office; 
 11.16     (2) state in general terms by number or otherwise the 
 11.17  drainage systems that have caused or are likely to cause the 
 11.18  overflow; 
 11.19     (3) describe the location of the overflowed drainage 
 11.20  system, watercourse, or body of water and the outlet; 
 11.21     (4) show the necessity of the improvement by enlarging the 
 11.22  system or controlling the waters by off-take ditches, additional 
 11.23  outlets, or otherwise; 
 11.24     (5) show that the outlet improvement will protect the 
 11.25  adjoining property from overflow; and 
 11.26     (6) state that the improvement will be of public benefit 
 11.27  and utility and improve the public health; and 
 11.28     (7) state that the petitioners will pay all costs incurred 
 11.29  if the proceedings are dismissed or a contract for construction 
 11.30  of the outlet improvement is not awarded.  
 11.31     (b) The petitioners, except for a petition made by the 
 11.32  board, shall give the required bond. 
 11.33     Sec. 21.  Minnesota Statutes 1996, section 103E.221, 
 11.34  subdivision 6, is amended to read: 
 11.35     Subd. 6.  [BENEFITED PROPERTY TO BE DETERMINED BY VIEWERS.] 
 11.36  If, after the preliminary survey report hearing, a detailed 
 12.1   survey is ordered and viewers are appointed, the viewers shall 
 12.2   determine and report the benefits to all property from the 
 12.3   outlet improvement including property drained or to be drained 
 12.4   by the existing drainage system and proposed drainage 
 12.5   project the ditch authority determines that the drainage system 
 12.6   is causing flooding, the authority shall order a detailed 
 12.7   survey.  Costs of the project shall be apportioned on all 
 12.8   properties that were assessed benefits for the system, in the 
 12.9   same ratios that repair costs are assessed.  
 12.10     Sec. 22.  Minnesota Statutes 1996, section 103E.225, 
 12.11  subdivision 1, is amended to read: 
 12.12     Subdivision 1.  [PETITION.] (a) Persons that own property 
 12.13  in the vicinity of an existing drainage system may petition for 
 12.14  a lateral that connects their property with the drainage 
 12.15  system.  The petition must be signed by at least 26 percent of 
 12.16  the owners of the property or by the owners of at least 26 
 12.17  percent of the area of the property that the lateral passes 
 12.18  over.  The petition must be filed with the auditor, or for 
 12.19  property in more than one county, the petition must be filed 
 12.20  with the auditor of the county with the largest property area to 
 12.21  be passed over by the lateral.  The petition must: 
 12.22     (1) describe in general terms the starting point, general 
 12.23  course, and terminus of the proposed lateral; 
 12.24     (2) describe the property traversed by the lateral 
 12.25  including the names and addresses of the property owners from 
 12.26  records in the county assessor's office; 
 12.27     (3) state the necessity to construct the lateral; 
 12.28     (4) state that, if constructed, the lateral will be of 
 12.29  public benefit and utility and promote the public health; 
 12.30     (5) request that the lateral be constructed and connected 
 12.31  with the drainage system; and 
 12.32     (6) (5) provide that the petitioners will pay all costs 
 12.33  incurred if the proceedings are dismissed or if a contract for 
 12.34  the construction of the lateral is not awarded.  
 12.35     (b) The petitioners shall give the bond required by section 
 12.36  103E.202, subdivision 5. 
 13.1      Sec. 23.  Minnesota Statutes 1996, section 103E.245, 
 13.2   subdivision 1, is amended to read: 
 13.3      Subdivision 1.  [SURVEY.] The engineer shall proceed 
 13.4   promptly to: 
 13.5      (1) examine the petition and order; 
 13.6      (2) make a preliminary survey of the area likely to be 
 13.7   affected by the proposed drainage project to enable the engineer 
 13.8   to determine whether the proposed drainage project is necessary 
 13.9   and feasible with reference to the environmental and land use 
 13.10  criteria in section 103E.015, subdivision 1; 
 13.11     (3) examine and gather information related to determining 
 13.12  whether the proposed drainage project substantially affects 
 13.13  areas that are will alter public waters or wetlands; and 
 13.14     (4) if the proposed drainage project requires construction 
 13.15  of an open channel, examine the nature and capacity of the 
 13.16  outlet and any necessary extension. 
 13.17     Sec. 24.  Minnesota Statutes 1996, section 103E.245, 
 13.18  subdivision 2, is amended to read: 
 13.19     Subd. 2.  [LIMITATION OF SURVEY.] The engineer shall 
 13.20  restrict the preliminary survey to the drainage area described 
 13.21  in the petition, except that to secure an outlet the engineer 
 13.22  may run levels necessary to determine the distance for the 
 13.23  proper fall of the water.  The preliminary survey must consider 
 13.24  the impact of the proposed drainage project on the environmental 
 13.25  and land use criteria in section 103E.015, subdivision 1.  The 
 13.26  drainage authority may have other areas surveyed after: 
 13.27     (1) giving notice by mail of a hearing to survey additional 
 13.28  areas, to be held at least ten days after the notice is mailed, 
 13.29  to the petitioners and persons liable on the petitioners' bond; 
 13.30     (2) holding the hearing; 
 13.31     (3) obtaining consent of the persons liable on the 
 13.32  petitioners' bond; and 
 13.33     (4) ordering the additional area surveyed by the engineer.  
 13.34     Sec. 25.  Minnesota Statutes 1996, section 103E.245, 
 13.35  subdivision 4, is amended to read: 
 13.36     Subd. 4.  [PRELIMINARY SURVEY REPORT.] The engineer shall 
 14.1   report the proposed drainage project plan or recommend a 
 14.2   different practical plan.  The report must give sufficient 
 14.3   information, in detail, to inform the drainage authority on 
 14.4   issues related to feasibility, and show changes necessary to 
 14.5   make the proposed plan practicable and feasible including 
 14.6   extensions, laterals, and other work.  If the engineer finds the 
 14.7   proposed drainage project in the petition is feasible and 
 14.8   complies with the environmental and land use criteria in section 
 14.9   103E.015, subdivision 1, the engineer shall include in the 
 14.10  preliminary survey report a preliminary plan of the drainage 
 14.11  project showing the proposed ditches, tile, laterals, and other 
 14.12  improvements, the outlet of the project, the watershed of the 
 14.13  drainage project or system, and the property likely to be 
 14.14  affected and its known owners.  The plan must show:  
 14.15     (1) the elevation of the outlet and the controlling 
 14.16  elevations of the property likely to be affected referenced to 
 14.17  standard sea level datum, if practical; 
 14.18     (2) the probable size and character of the ditches and 
 14.19  laterals necessary to make the plan practicable and feasible; 
 14.20     (3) the character of the outlet and whether it is 
 14.21  sufficient; 
 14.22     (4) the probable cost of the drains and improvements shown 
 14.23  on the plan; 
 14.24     (5) all other information and data necessary to disclose 
 14.25  the practicability, necessity, and feasibility of the proposed 
 14.26  drainage project; 
 14.27     (6) consideration of the drainage project under the 
 14.28  environmental and land use criteria in section 103E.015, 
 14.29  subdivision 1; and 
 14.30     (7) other information as ordered by the drainage authority. 
 14.31     Sec. 26.  Minnesota Statutes 1996, section 103E.255, is 
 14.32  amended to read: 
 14.33     103E.255 [COMMISSIONER'S PRELIMINARY ADVISORY REPORT.] 
 14.34     The commissioner shall make a preliminary advisory report 
 14.35  to the drainage authority with an opinion about the adequacy of 
 14.36  the preliminary survey report.  The commissioner shall state any 
 15.1   additional investigation and evaluation that should be done 
 15.2   relating to public waters and wetlands that may be affected and 
 15.3   environmental and land use criteria in section 103E.015, 
 15.4   subdivision 1, and cite specific portions of the preliminary 
 15.5   survey report that are determined inadequate.  The commissioner 
 15.6   shall file an initial preliminary advisory report with the 
 15.7   auditor before the date of the preliminary hearing.  The 
 15.8   commissioner may request additional time for review and 
 15.9   evaluation of the preliminary survey report if additional time 
 15.10  is necessary for proper evaluation.  A request for additional 
 15.11  time for filing the commissioner's preliminary advisory report 
 15.12  may not be made more than five days after the date of the notice 
 15.13  by the auditor that a date is to be set for the preliminary 
 15.14  hearing.  An extension of time may not exceed two weeks after 
 15.15  the date of the request.  
 15.16     Sec. 27.  Minnesota Statutes 1996, section 103E.261, 
 15.17  subdivision 4, is amended to read: 
 15.18     Subd. 4.  [DISMISSAL.] (a) The drainage authority shall 
 15.19  dismiss the proceedings if it determines that: 
 15.20     (1) the proposed drainage project is not feasible; 
 15.21     (2) the adverse environmental impact is greater than the 
 15.22  public benefit and utility after considering the environmental 
 15.23  and land use considered under the criteria in section 103E.015, 
 15.24  subdivision 1 precludes the project, and the engineer has not 
 15.25  reported a plan to make the proposed drainage project feasible 
 15.26  and acceptable; 
 15.27     (3) the proposed drainage project is not of public benefit 
 15.28  or utility project's costs will exceed its benefits; or 
 15.29     (4) the outlet is not adequate.  
 15.30     (b) If the proceedings are dismissed, any other action on 
 15.31  the proposed drainage project must begin with a new petition.  
 15.32     Sec. 28.  Minnesota Statutes 1996, section 103E.261, 
 15.33  subdivision 5, is amended to read: 
 15.34     Subd. 5.  [FINDINGS AND ORDER.] (a) The drainage authority 
 15.35  shall state, by order, its findings and any changes that must be 
 15.36  made in the proposed drainage project from those outlined in the 
 16.1   petition, including changes necessary to minimize or mitigate 
 16.2   adverse impact on the environment, if it determines that: 
 16.3      (1) the proposed drainage project outlined in the petition, 
 16.4   or modified and recommended by the engineer, is feasible; 
 16.5      (2) there is necessity for the proposed drainage project; 
 16.6      (3) the proposed drainage project will be of public benefit 
 16.7   and promote the public health, after considering the 
 16.8   environmental and land use conforms with the criteria in section 
 16.9   103E.015, subdivision 1; and 
 16.10     (4) the outlet is adequate. 
 16.11     (b) Changes may be stated by describing them in general 
 16.12  terms or filing a map that outlines the changes in the proposed 
 16.13  drainage project with the order.  The order and accompanying 
 16.14  documents must be filed with the auditor.  
 16.15     Sec. 29.  Minnesota Statutes 1996, section 103E.285, 
 16.16  subdivision 10, is amended to read: 
 16.17     Subd. 10.  [OTHER INFORMATION ON PRACTICABILITY AND 
 16.18  NECESSITY OF DRAINAGE PROJECT.] Other data and information to 
 16.19  inform the drainage authority of the practicability and 
 16.20  necessity of the proposed drainage project must be made 
 16.21  available including a comprehensive examination and the 
 16.22  recommendation by the engineer regarding the environmental and 
 16.23  land use criteria in section 103E.015, subdivision 1. 
 16.24     Sec. 30.  Minnesota Statutes 1996, section 103E.305, 
 16.25  subdivision 1, is amended to read: 
 16.26     Subdivision 1.  [APPOINTMENT.] When the order for a 
 16.27  detailed survey is made, the drainage authority shall, by order, 
 16.28  appoint viewers consisting of three disinterested residents of 
 16.29  the state qualified to assess benefits and damages.  The viewers 
 16.30  must meet the qualifications for commissioners in eminent domain 
 16.31  proceedings specified in section 117.075.  The drainage 
 16.32  authority may establish additional qualifications for viewers. 
 16.33     Sec. 31.  Minnesota Statutes 1996, section 103E.315, 
 16.34  subdivision 1, is amended to read: 
 16.35     Subdivision 1.  [STATE LAND AREAS HELD FOR CONSERVATION 
 16.36  PURPOSES.] Property owned by the state held for conservation 
 17.1   purposes must have benefits and damages reported in the same 
 17.2   manner as taxable lands subject pursuant to the provisions 
 17.3   relating to conservation areas in section 103E.025. 
 17.4      Sec. 32.  Minnesota Statutes 1996, section 103E.315, 
 17.5   subdivision 5, is amended to read: 
 17.6      Subd. 5.  [EXTENT AND BASIS OF BENEFITS.] (a) The viewers 
 17.7   shall determine the amount of benefits to all property within 
 17.8   the watershed, whether the property is benefited immediately by 
 17.9   the construction of the proposed drainage project or the 
 17.10  proposed drainage project can become an outlet for drainage, 
 17.11  makes an outlet more accessible, or otherwise directly benefits 
 17.12  the property.  The benefits may must be based on:  
 17.13     (1) an increase in the current market value of property as 
 17.14  a result of constructing the project;. 
 17.15     (2) an increase in the potential for agricultural 
 17.16  production as a result of constructing the project; or 
 17.17     (3) an increased value of the property as a result of a 
 17.18  potential different land use. 
 17.19     (b) Benefits and damages may be assessed only against the 
 17.20  property benefited or damaged or an easement interest in 
 17.21  property for the exclusive use of the surface of the property. 
 17.22     Sec. 33.  Minnesota Statutes 1996, section 103E.315, 
 17.23  subdivision 6, is amended to read: 
 17.24     Subd. 6.  [BENEFITS FOR PROPOSED DRAINAGE PROJECT AS 
 17.25  OUTLET.] (a) If the proposed drainage project furnishes an 
 17.26  outlet to an existing drainage system and benefits the property 
 17.27  drained by the existing system, the viewers shall equitably 
 17.28  determine and assess:  
 17.29     (1) the benefits of the proposed drainage project to each 
 17.30  tract or lot drained by the existing drainage system; or 
 17.31     (2) a single amount as an outlet benefit to the existing 
 17.32  drainage system; or 
 17.33     (3) benefits on a watershed acre basis.  
 17.34     (b) Assessments that conform with the provisions in this 
 17.35  subdivision are valid.  If a single sum is assessed as an outlet 
 17.36  benefit, the lien for the assessment must be prorated on all 
 18.1   property benefited by the existing drainage system in proportion 
 18.2   to the benefits determined for the existing drainage system.  
 18.3      (c) Within the watershed that drains to the area where a 
 18.4   project is located, the viewers may assess outlet benefits on: 
 18.5      (1) property that is responsible for increased 
 18.6   sedimentation in downstream areas of the watershed; and 
 18.7      (2) property that is responsible for increased drainage 
 18.8   system maintenance or increased drainage system capacity because 
 18.9   the natural drainage on the property has been altered or 
 18.10  modified to accelerate the drainage of water from the property.  
 18.11     Sec. 34.  Minnesota Statutes 1996, section 103E.321, 
 18.12  subdivision 1, is amended to read: 
 18.13     Subdivision 1.  [REQUIREMENTS.] The viewers' report must 
 18.14  show, in tabular form, for each lot, 40-acre tract, and fraction 
 18.15  of a lot or tract under separate ownership that is benefited or 
 18.16  damaged: 
 18.17     (1) a description of the lot or tract, under separate 
 18.18  ownership, that is benefited or damaged; 
 18.19     (2) the names of the owners as they appear on the current 
 18.20  tax records of the county and their addresses; 
 18.21     (3) the number of acres in each tract or lot; 
 18.22     (4) the number and value of acres added to a tract or lot 
 18.23  by the proposed drainage of public waters; 
 18.24     (5) the damage, if any, to riparian rights; 
 18.25     (6) the damages paid for the permanent grass strip under 
 18.26  section 103E.021. 
 18.27     (7) the total number and value of acres added to a tract or 
 18.28  lot by the proposed drainage of public waters, wetlands, and 
 18.29  other areas not currently being cultivated; 
 18.30     (8) the number of acres and amount of benefits being 
 18.31  assessed for drainage of areas which before the drainage 
 18.32  benefits could be realized would require a public waters work 
 18.33  permit to work in public waters under section 103G.245, an 
 18.34  approved wetland replacement plan under section 103G.222, a 
 18.35  permit to excavate or fill a navigable water body under United 
 18.36  States Code, title 33, section 403, or a permit to discharge 
 19.1   into waters of the United States under United States Code, title 
 19.2   33, section 1344; 
 19.3      (9) the number of acres and amount of benefits being 
 19.4   assessed for drainage of areas that would be considered 
 19.5   conversion of a wetland under United States Code, title 16, 
 19.6   section 3821, if the area was placed in agricultural production; 
 19.7      (10) the amount of right-of-way acreage required; and 
 19.8      (11) the amount that each tract or lot will be benefited or 
 19.9   damaged.  
 19.10     Sec. 35.  Minnesota Statutes 1996, section 103E.323, 
 19.11  subdivision 1, is amended to read: 
 19.12     Subdivision 1.  [REPORT.] Within 30 days after the viewers' 
 19.13  report is filed, the auditor must make a property owners' report 
 19.14  from the information in the viewers' report showing for each 
 19.15  property owner benefited or damaged by the proposed drainage 
 19.16  project: 
 19.17     (1) the name and address of the property owner; 
 19.18     (2) each lot or tract and its area that is benefited or 
 19.19  damaged; 
 19.20     (3) the total number and value of acres added to a tract or 
 19.21  lot by the proposed drainage of public waters, wetlands, and 
 19.22  other areas not currently being cultivated; 
 19.23     (4) the number of acres and amount of benefits being 
 19.24  assessed for drainage of areas which before the drainage 
 19.25  benefits could be realized would require a public waters work 
 19.26  permit to work in public waters under section 103G.245, an 
 19.27  approved wetland replacement plan under section 103G.222, a 
 19.28  permit to excavate or fill a navigable water body under United 
 19.29  States Code, title 33, section 403, or a permit to discharge 
 19.30  into waters of the United States under United States Code, title 
 19.31  33, section 1344; 
 19.32     (5) the number of acres and amount of benefits being 
 19.33  assessed for drainage of areas that would be considered 
 19.34  conversion of a wetland under United States Code, title 16, 
 19.35  section 3821, if the area was placed in agricultural production; 
 19.36     (6) the damage, if any, to riparian rights; 
 20.1      (7) the amount of right-of-way acreage required; 
 20.2      (8) the amount that each tract or lot will be benefited or 
 20.3   damaged; 
 20.4      (9) the net damages or benefits to each property owner; 
 20.5      (10) the estimated cost to be assessed to the property 
 20.6   owner based on the cost of the drainage project in the 
 20.7   engineer's detailed survey report; and 
 20.8      (11) a copy of the benefits and damages statement under 
 20.9   section 103E.321, subdivision 2, paragraph (a), relating to the 
 20.10  property owner. 
 20.11     Sec. 36.  Minnesota Statutes 1996, section 103E.341, is 
 20.12  amended to read: 
 20.13     103E.341 [DRAINAGE AUTHORITY FINAL ORDER.] 
 20.14     Subdivision 1.  [DISMISSAL OF PROCEEDINGS.] The drainage 
 20.15  authority must dismiss the proceedings and petition, by order, 
 20.16  if it determines that:  
 20.17     (1) the benefits of the proposed drainage project are less 
 20.18  than the total cost, including damages awarded; 
 20.19     (2) the proposed drainage project will not be of public 
 20.20  benefit and utility is not practicable; or 
 20.21     (3) the proposed drainage project is not practicable after 
 20.22  considering the environmental and land use does not conform with 
 20.23  the criteria in section 103E.015, subdivision 1.  
 20.24     Subd. 2.  [ESTABLISHMENT OF PROPOSED DRAINAGE PROJECT.] (a) 
 20.25  The drainage authority shall establish, by order, a proposed 
 20.26  drainage project if it determines that:  
 20.27     (1) the detailed survey report and viewers' report have 
 20.28  been made and other proceedings have been completed under this 
 20.29  chapter; 
 20.30     (2) the reports made or amended are complete and correct; 
 20.31     (3) the damages and benefits have been properly determined; 
 20.32     (4) the estimated benefits are greater than the total 
 20.33  estimated cost, including damages; 
 20.34     (5) the proposed drainage project will be of public utility 
 20.35  and benefit, and will promote the public health conforms with 
 20.36  the criteria in section 103E.315; and 
 21.1      (6) the proposed drainage project is practicable.  
 21.2      (b) The order must contain the drainage authority's 
 21.3   findings, adopt and confirm the viewers' report as made or 
 21.4   amended, and establish the proposed drainage project as reported 
 21.5   and amended.  
 21.6      Sec. 37.  Minnesota Statutes 1996, section 103E.351, 
 21.7   subdivision 1, is amended to read: 
 21.8      Subdivision 1.  [CONDITIONS TO REDETERMINE BENEFITS AND 
 21.9   DAMAGES; APPOINTMENT OF VIEWERS.] If the drainage authority 
 21.10  determines that the original benefits or damages determined in a 
 21.11  drainage proceeding do not reflect reasonable present day land 
 21.12  values or that the benefited or damaged areas have changed, or 
 21.13  if more than 50 percent of the owners of property benefited or 
 21.14  damaged by a drainage system petition for correction of an error 
 21.15  that was made at the time of the proceedings that established 
 21.16  the drainage system a redetermination, the drainage 
 21.17  authority may shall appoint three viewers to redetermine and 
 21.18  report the benefits and damages and the benefited and damaged 
 21.19  areas.  
 21.20     Sec. 38.  Minnesota Statutes 1996, section 103E.351, 
 21.21  subdivision 2, is amended to read: 
 21.22     Subd. 2.  [HEARING AND PROCEDURE.] (a) The redetermination 
 21.23  of benefits and damages shall proceed as provided for viewers 
 21.24  and the viewers' report in sections 103E.025 and 103E.311 to 
 21.25  103E.321. 
 21.26     (b) The auditor must prepare a property owners' report from 
 21.27  the viewers' report.  A copy of the property owners' report must 
 21.28  be mailed to each owner of property affected by the drainage 
 21.29  system.  
 21.30     (c) The drainage authority shall hold a final hearing on 
 21.31  the report and confirm the benefits and damages and benefited 
 21.32  and damaged areas.  The final hearing shall proceed as provided 
 21.33  under sections 103E.325, 103E.335, and 103E.341, except that the 
 21.34  hearing shall be held within 30 days after the property owners' 
 21.35  report is mailed. 
 21.36     Sec. 39.  Minnesota Statutes 1996, section 103E.411, 
 22.1   subdivision 1, is amended to read: 
 22.2      Subdivision 1.  [PETITION.] A municipality may use a 
 22.3   drainage system as an outlet for its municipal drainage system 
 22.4   or the overflow from the system under the provisions of this 
 22.5   section.  The municipality must petition to the drainage 
 22.6   authority to use the drainage system.  The petition must: 
 22.7      (1) show the necessity for the use of the drainage system 
 22.8   as an outlet; 
 22.9      (2) show that the use of the drainage system will be of 
 22.10  public benefit and utility and promote the public health; 
 22.11     (3) be accompanied by a plat showing the location of the 
 22.12  drainage system and the location of the municipal drainage 
 22.13  system; and 
 22.14     (4) (3) be accompanied by specifications showing the plan 
 22.15  of connection from the municipal drainage system to the drainage 
 22.16  system.  
 22.17     Sec. 40.  Minnesota Statutes 1996, section 103E.701, 
 22.18  subdivision 2, is amended to read: 
 22.19     Subd. 2.  [REPAIRS AFFECTING PUBLIC WATERS OR WETLANDS.] 
 22.20  Before a repair is ordered, the drainage authority must notify 
 22.21  the commissioner if the repair may affect public waters, or 
 22.22  wetlands that have been in existence more than 25 years.  If the 
 22.23  commissioner disagrees with the repair depth, the engineer, a 
 22.24  representative appointed by the director, and a soil and water 
 22.25  conservation district technician must jointly determine the 
 22.26  repair depth using soil borings, field surveys, and other 
 22.27  available data or appropriate methods.  Costs for determining 
 22.28  the repair depth beyond the initial meeting must be shared 
 22.29  equally by the drainage system and the commissioner.  The 
 22.30  determined repair depth must be recommended to the drainage 
 22.31  authority.  The drainage authority may accept the joint 
 22.32  recommendation and proceed with the repair.  If the repair 
 22.33  drains a wetland which has been in existence more than 25 years, 
 22.34  and the wetland is not otherwise exempt under section 103G.2241, 
 22.35  the repair project must include replacement of the lost wetland. 
 22.36     Sec. 41.  Minnesota Statutes 1996, section 103E.701, 
 23.1   subdivision 6, is amended to read: 
 23.2      Subd. 6.  [WETLAND RESTORATION AND MITIGATION.] Repair of a 
 23.3   drainage system may include the preservation, restoration, or 
 23.4   enhancement of public waters or wetlands; public water and 
 23.5   wetland replacement under section sections 103G.211 and 
 23.6   103G.222; and the realignment of a drainage system to prevent 
 23.7   drainage of a public water or wetland. 
 23.8      Sec. 42.  Minnesota Statutes 1996, section 103E.805, 
 23.9   subdivision 1, is amended to read: 
 23.10     Subdivision 1.  [PETITION.] After the construction of a 
 23.11  drainage system, the owner of benefited property may petition 
 23.12  the drainage authority to remove property from the drainage 
 23.13  system or abandon any part of the drainage system that is not of 
 23.14  public benefit and utility and does not serve a substantial 
 23.15  useful purpose to property remaining in the system if: 
 23.16     (1) waters are diverted from property assessed for benefits 
 23.17  so that the drainage from the property does not use or affect 
 23.18  the drainage system; or 
 23.19     (2) a dam authorized by law is constructed in the drainage 
 23.20  system so that the property above the dam cannot use or receive 
 23.21  benefits from the drainage system; 
 23.22     (3) the property is held for conservation purposes as 
 23.23  defined in section 103E.025; or 
 23.24     (4) the property, or the properties adjoining the part 
 23.25  proposed to be abandoned, do not otherwise benefit from the 
 23.26  system.  
 23.27     Sec. 43.  Minnesota Statutes 1996, section 103E.805, 
 23.28  subdivision 3, is amended to read: 
 23.29     Subd. 3.  [HEARING.] (a) When the petition is filed, the 
 23.30  drainage authority in consultation with the auditor or the 
 23.31  secretary shall set a time and location for a hearing on the 
 23.32  partial abandonment petition and shall give notice by 
 23.33  publication of the hearing to all persons interested in the 
 23.34  drainage system.  
 23.35     (b) At the hearing, the drainage authority shall make 
 23.36  findings and shall direct, by order, that the petitioners' 
 24.1   property be removed from the drainage system if the drainage 
 24.2   authority determines: 
 24.3      (1) that the waters from the petitioners' property have 
 24.4   been diverted from the drainage system, or that a dam has been 
 24.5   lawfully constructed and the property cannot use the drainage 
 24.6   system; 
 24.7      (2) that the property qualifies under section 103E.025, or 
 24.8   otherwise is not benefited by the drainage system and does not 
 24.9   use or affect the drainage system;, and 
 24.10     (3) that removing the property from the drainage system 
 24.11  will not prejudice the property owners and property remaining in 
 24.12  the system. 
 24.13     (c) The drainage authority shall make findings and direct, 
 24.14  by order, that part of the drainage system be abandoned if the 
 24.15  drainage authority determines that part of the drainage system 
 24.16  does not serve a substantial useful purpose to any property 
 24.17  remaining in the system and is not of a substantial public 
 24.18  benefit and utility.  
 24.19     Sec. 44.  Minnesota Statutes 1996, section 103E.811, 
 24.20  subdivision 3, is amended to read: 
 24.21     Subd. 3.  [PETITION.] The petition must designate the 
 24.22  drainage system proposed to be abandoned and show that the 
 24.23  drainage system is not of public benefit and utility because the 
 24.24  agricultural property that used the drainage system has been 
 24.25  generally abandoned or is held for conservation purposes or 
 24.26  other purposes that do not benefit from continued operation of 
 24.27  the drainage system, or because the drainage system has ceased 
 24.28  to function and its restoration is not practical.  
 24.29     Sec. 45.  Minnesota Statutes 1996, section 103E.811, 
 24.30  subdivision 5, is amended to read: 
 24.31     Subd. 5.  [ABANDONMENT HEARING.] (a) At the hearing, the 
 24.32  drainage authority or court shall examine the petition and 
 24.33  determine whether it is sufficient and shall hear all interested 
 24.34  parties.  
 24.35     (b) If a property owner assessed benefits for the drainage 
 24.36  system appears and makes a written objection to the abandonment 
 25.1   of the drainage system, the drainage authority or court shall 
 25.2   appoint three disinterested persons qualified under section 
 25.3   103E.305, subdivision 1, as viewers to examine the property and 
 25.4   report to the drainage authority or court.  The hearing must be 
 25.5   adjourned to make the examination and report and a date must be 
 25.6   set to reconvene.  The viewers, if appointed, shall proceed to 
 25.7   examine the property of the objecting owner and report as soon 
 25.8   as possible to the drainage authority or court with the 
 25.9   description and situation of the property and whether the 
 25.10  drainage system drains or otherwise affects the property.  
 25.11     (c) When the hearing is reconvened, the drainage authority 
 25.12  or court shall consider the viewers' report and all evidence 
 25.13  offered, and: 
 25.14     (1) if the drainage authority determines that the drainage 
 25.15  system serves any useful purpose to any property or the general 
 25.16  public, the petition for abandonment must be denied; or 
 25.17     (2) if the drainage authority determines that the drainage 
 25.18  system does not serve any useful purpose to any affected 
 25.19  property and is not of public benefit and utility or that the 
 25.20  cost of restoring or maintaining the system would exceed the 
 25.21  benefits to the affected properties, the drainage authority or 
 25.22  court shall make findings and shall, by order, abandon the 
 25.23  drainage system otherwise it shall deny the petition.  
 25.24     Sec. 46.  [REPEALER.] 
 25.25     Minnesota Statutes 1996, sections 103E.097; 103E.105; 
 25.26  103E.115; 103E.121; and 103E.315, subdivision 7, are repealed.