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Minnesota Legislature

Office of the Revisor of Statutes

HF 66

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 01/29/2013 11:26am

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

Current Version - 1st Engrossment

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A bill for an act
relating to waters; modifying drainage system provisions; amending Minnesota
Statutes 2012, sections 103E.005, subdivisions 4, 6, by adding a subdivision;
103E.101, subdivisions 2, 3, 4, 5, by adding subdivisions; 103E.227, subdivision
1; 103E.525, subdivision 1; 103E.701, subdivisions 1, 6; 103E.715, subdivision 6.

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

Section 1.

Minnesota Statutes 2012, section 103E.005, subdivision 4, is amended to
read:


Subd. 4.

Board.

"Board" means the board of commissioners of the countynew text begin, a joint
county board, the board of managers of the watershed district, or a metropolitan watershed
management organization that serves as the drainage authority
new text end where the drainage system
or project is located.

Sec. 2.

Minnesota Statutes 2012, section 103E.005, subdivision 6, is amended to read:


Subd. 6.

Director.

"Director" means the director of the Division of deleted text beginWaters
deleted text endnew text begin Ecological and Water Resourcesnew text end in the Department of Natural Resources.

Sec. 3.

Minnesota Statutes 2012, section 103E.005, is amended by adding a subdivision
to read:


new text begin Subd. 28a. new text end

new text begin Secretary. new text end

new text begin "Secretary" means the secretary of the watershed district that
serves as the drainage authority for the applicable drainage system.
new text end

Sec. 4.

Minnesota Statutes 2012, section 103E.101, subdivision 2, is amended to read:


Subd. 2.

Record requirements.

All maps, plats, profiles, plans, and specifications
prepared and used in relation to a proceeding must:

(1) be uniform;

(2) have each sheet deleted text beginbound anddeleted text end marked to identify the proceeding by the drainage
project and system number;

(3) show the name of the person preparing the sheet;

(4) show the date the sheet was prepared; and

(5) conform to rules and standards prescribed by the director deleted text beginof the Division of Watersdeleted text end.

Sec. 5.

Minnesota Statutes 2012, section 103E.101, subdivision 3, is amended to read:


Subd. 3.

Index of proceedings and records.

The auditor new text beginor secretary new text endshall keep
all orders, exhibits, maps, charts, profiles, plats, plans, specifications, and records of
the proceedings. These records may not be removed except when the board makes a
written order to remove them. The auditor new text beginor secretary new text endshall keep an accurate index of
the proceedings and related documents in a deleted text beginbound bookdeleted text endnew text begin readily usable, resilient, and
secure manner
new text end.

Sec. 6.

Minnesota Statutes 2012, section 103E.101, subdivision 4, is amended to read:


Subd. 4.

Engineer's documents.

All original plats, profiles, records, and field
books made by the engineer during the proceedings or the construction of a drainage
project are public records and the property of the drainage authority. These public records
must be filed with the auditor new text beginor secretary new text endunder the direction of the drainage authority
when construction is completed or when the engineer stops acting for the drainage project,
whichever is earlier.

Sec. 7.

Minnesota Statutes 2012, section 103E.101, is amended by adding a subdivision
to read:


new text begin Subd. 4a. new text end

new text begin Reestablishment of drainage system records. new text end

new text begin (a) If, after thorough
investigation of drainage system records, a drainage authority finds that records
establishing the alignment, cross-section, profile, or right-of-way of a drainage system that
it administers are lost, destroyed, or otherwise incomplete, it may, by order, reestablish
records defining the alignment; cross-section; profile; hydraulic structure locations,
materials, dimensions, and elevations; or right-of-way of the drainage system as originally
constructed or subsequently improved in accordance with this chapter. The procedure
for reestablishing drainage system records must involve, at a minimum, investigation
and a report of findings by a professional engineer licensed in Minnesota supported by
existing records and evidence, including, but not limited to, applicable aerial photographs,
soil borings or test pits, culvert dimensions and invert elevations, and bridge design
records. The existing and reestablished records together must define the alignment;
cross-section; profile; hydraulic structure locations, materials, dimensions, and elevations;
and right-of-way of the drainage system. Drainage system records reestablished under
this subdivision do not interrupt prescriptive occupation.
new text end

new text begin (b) The description of a drainage system under this subdivision may be initiated by
the drainage authority on its own motion or by any party affected by the drainage system
filing a petition. If the system is under the jurisdiction of a county board, the petition must
be filed with the auditor. If the system is under the jurisdiction of a joint county drainage
authority, the petition must be filed with the auditor of the county with the largest area
of property in the drainage system. If the system is under the jurisdiction of a watershed
district board, the petition must be filed with the secretary.
new text end

new text begin (c) When a drainage authority directs by resolution or when a petition is filed under
this subdivision, the drainage authority, in consultation with the auditor or secretary,
shall set a time and location for a hearing after the engineer's report is complete. The
auditor or secretary shall give notice of the hearing by mail to the commissioner of natural
resources, the executive director of the Board of Water and Soil Resources, the petitioner
or petitioners, and all property owners benefited or damaged by the drainage system and
shall give notice to other interested parties either in a newspaper of general circulation in
the drainage system area or by publication on a Web site of the drainage authority.
new text end

new text begin (d) Drainage system records reestablished under this subdivision constitute official
drainage system records. A finding of drainage system right-of-way in the applicable
order is a defense to a trespass claim and shall be given due weight in any subsequent
court proceeding to establish the existence or nature of a property encumbrance.
new text end

Sec. 8.

Minnesota Statutes 2012, section 103E.101, subdivision 5, is amended to read:


Subd. 5.

Filing and storage facilities.

County boards shall provide the auditornew text begin,
and watershed district boards shall provide the secretary,
new text end with necessary filing and storage
facilities to protect the files and records of all proceedingsnew text begin under its jurisdictionnew text end. The
county boards new text beginand watershed district boards new text endmay provide for the copying and filing of the
documents and records of proceedings by photographic devices as provided for public
records under section 15.17. In the event of loss of the originals, the photographic copies
are originals after authentication by the auditornew text begin or secretarynew text end.

Sec. 9.

Minnesota Statutes 2012, section 103E.101, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Transfer of drainage system records. new text end

new text begin (a) When a watershed district
assumes authority for a drainage system according to section 103D.625, the county or
joint county board transferring authority shall transfer all of the original records for the
drainage system to the watershed district, except as provided in paragraph (b).
new text end

new text begin (b) Physical or electronic copies of drainage system records that are authenticated by
the county auditor having the original records may be used in place of the originals by the
watershed district until the watershed district has necessary records storage facilities to
protect the original records or, in the case of a partial transfer of a drainage system, until
the entire drainage system is transferred to the watershed district.
new text end

Sec. 10.

Minnesota Statutes 2012, section 103E.227, subdivision 1, is amended to read:


Subdivision 1.

Petition.

(a) To conserve and make more adequate use of our water
resourcesnew text begin or to incorporate wetland or water quality enhancing elements as authorized by
section 103E.011, subdivision 5
new text end, a person, public or municipal corporation, governmental
subdivision, the state or a department or agency of the state, the commissioner of natural
resources, and the United States or any of its agencies, may petition to impound, reroute,
or divert drainage system waters for beneficial use.

(b) If the drainage system is under the jurisdiction of a county drainage authority, the
petition must be filed with the auditor of the county. If the drainage system is under the
jurisdiction of a joint county drainage authority, the petition must be filed with the county
having the largest area of property in the drainage system, where the primary drainage
system records are kept, and a copy of the petition must be submitted to the auditor of each
of the other counties participating in the joint county drainage authority. If the system is
under the jurisdiction of a watershed district, the petition must be filed with the secretary
of the district. The auditor of an affected county or the secretary of a watershed district
must make a copy of the petition available to the public.

(c) The petition must contain the location of the installation, concept plans for the
proposed project, and a map that identifies the areas likely to be affected by the project.

(d) The petition shall identify the sources of funds to be used to secure the necessary
land rights and to construct the project and the amount and rationale for any drainage
system funds requested.

(e) The petitioner or drainage authority must also acquire a public waters work
permit or a water use permit from the commissioner of natural resources if required under
chapter 103G.

Sec. 11.

Minnesota Statutes 2012, section 103E.525, subdivision 1, is amended to read:


Subdivision 1.

Hydraulic capacity.

A public or private bridge or culvert may not be
constructed or maintained across or in a drainage system with less hydraulic capacity than
specified in the detailed survey report, except with the written approval of the director
deleted text beginof the division of watersdeleted text end. If the detailed survey report does not specify the hydraulic
capacity, a public or private bridge or culvert in or across a drainage system ditch may not
be constructed without the director's approval of the hydraulic capacity.

Sec. 12.

Minnesota Statutes 2012, section 103E.701, subdivision 1, is amended to read:


Subdivision 1.

Definition.

The term "repair," as used in this section, means to
restore all or a part of a drainage system as nearly as practicable to the same deleted text begincondition
deleted text endnew text begin hydraulic capacitynew text end as originally constructed and subsequently improved, including
resloping of ditches and leveling of deleted text beginwastedeleted text endnew text begin spoilnew text end banks if necessary to prevent further
deterioration, realignment to original construction if necessary to restore the effectiveness
of the drainage system, and routine operations that may be required to remove obstructions
and maintain the efficiency of the drainage system. "Repair" also includes:

(1) incidental straightening of a tile system resulting from the tile-laying technology
used to replace tiles; and

(2) replacement of tiles with the next larger size that is readily available, if the
original size is not readily available.

Sec. 13.

Minnesota Statutes 2012, section 103E.701, subdivision 6, is amended to read:


Subd. 6.

Wetland restoration and deleted text beginmitigationdeleted text endnew text begin replacement; water quality
protection and improvement
new text end.

Repair of a drainage system may include the preservation,
restoration, or enhancement of wetlands; wetland replacement under section 103G.222;
deleted text beginanddeleted text end the realignment of a drainage system to prevent drainage of a wetlandnew text begin; and the
incorporation of measures to reduce channel erosion and otherwise protect or improve
water quality
new text end.

Sec. 14.

Minnesota Statutes 2012, section 103E.715, subdivision 6, is amended to read:


Subd. 6.

Repair by resloping ditches, new text beginincorporating multistage ditch
cross-section,
new text endleveling deleted text beginwastedeleted text endnew text begin spoilnew text end banks, installing erosion control, deleted text beginanddeleted text endnew text begin ornew text end removing
trees.

(a) For a drainage system that is to be repaired by resloping ditches, new text beginincorporating
a multistage ditch cross-section,
new text endleveling deleted text beginwastedeleted text endnew text begin spoilnew text end banks, installing erosion control
measures, or removing trees, before ordering the repair, the drainage authority must
appoint viewers to assess and report on damages and benefits if it determines that:

(1) the resloping, new text beginincorporation of a multistage ditch cross-section, spoil bank
new text endleveling, deleted text begininstallingdeleted text endnew text begin installation ofnew text end erosion control measures, or tree removal will require
the taking of any property not contemplated and included in the deleted text beginoriginaldeleted text end proceeding for
the establishment new text beginor subsequent improvement new text endof the drainage system;new text begin or
new text end

(2) any deleted text beginwastedeleted text endnew text begin spoilnew text end bank leveling new text beginor tree removal new text endwill directly benefit property where
the new text beginspoil new text endbank levelingnew text begin or tree removalnew text end is specifieddeleted text begin; anddeleted text endnew text begin.
new text end

deleted text begin (3) the installation of erosion control measures will aid the long-term efficiency
of the drainage system.
deleted text end

(b) The viewers shall assess and report damages and benefits as provided by sections
103E.315 and 103E.321. The drainage authority shall hear and determine the damages
and benefits as provided in sections 103E.325, 103E.335, and 103E.341. The hearing shall
be held within 30 days after the property owners' report is mailed. Damages must be paid
as provided by section 103E.315 as a part of the cost of the repair, and benefits must be
added to the benefits previously determined as the basis for the pro rata assessment for the
repair of the drainage system for the repair proceeding only.