SF 2208

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to water; providing for collection of revenue 
  1.3             by watershed districts; amending Minnesota Statutes 
  1.4             1994, section 444.075, by adding a subdivision; 
  1.5             proposing coding for new law in Minnesota Statutes, 
  1.6             chapter 103D. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [103D.729] [WATER MANAGEMENT DISTRICT.] 
  1.9      Subdivision 1.  [WATER MANAGEMENT DISTRICT.] A watershed 
  1.10  district may establish a water management district or districts 
  1.11  in the territory within the watershed, for the purpose of 
  1.12  collecting revenues and paying the costs of projects initiated 
  1.13  under section 103B.231, 103D.601, 103D.605, 103D.611, or 
  1.14  103D.730. 
  1.15     Subd. 2.  [PROCEDURE.] A watershed district may establish a 
  1.16  water management district only by amendment to its plan in 
  1.17  accordance with section 103D.411, or 103B.231 for watershed 
  1.18  districts in the metropolitan area, and compliance with 
  1.19  subdivisions 3 and 4.  The amendment shall describe with 
  1.20  particularity the territory or the area to be included in the 
  1.21  water management district, the amount of the necessary charges, 
  1.22  the methods used to determine charges, and the length of time 
  1.23  the water management district will remain in force.  After 
  1.24  adoption the amendment shall be filed with the county auditor 
  1.25  and county recorder of each county affected by the water 
  1.26  management district.  The water management district may be 
  2.1   dissolved by the procedure prescribed for the establishment of 
  2.2   the water management district. 
  2.3      Subd. 3.  [NOTIFICATION.] The managers shall, ten days 
  2.4   prior to a hearing or decision on projects implemented under 
  2.5   this section, provide notice to the city, town, or county within 
  2.6   the affected area.  The city, town, or county receiving notice 
  2.7   shall submit to the managers' concerns relating to the 
  2.8   implementation of the project.  The managers shall consider the 
  2.9   concerns of the city, town, or county in the decision on the 
  2.10  project. 
  2.11     Subd. 4.  [RESOLUTION OF DISPUTES.] Unresolved differences 
  2.12  between local governments and the managers may be brought before 
  2.13  the committee on dispute resolution under section 103B.101, 
  2.14  subdivision 10.  Within 45 days of receiving the request for 
  2.15  dispute resolution, the committee must consider the concerns of 
  2.16  the local government.  The committee has 30 days after meeting 
  2.17  to issue a recommendation to the board for final decision. 
  2.18     Sec. 2.  [103D.730] [STORM WATER FACILITIES.] 
  2.19     (a) Any watershed district may build, construct, 
  2.20  reconstruct, repair, enlarge, improve, or in any other manner 
  2.21  obtain storm water systems, including mains, holding areas and 
  2.22  ponds, and other appurtenances and related facilities for the 
  2.23  collection and disposal of storm water, maintain and operate the 
  2.24  facilities, and acquire by gift, purchase, lease, condemnation, 
  2.25  or otherwise any and all land and easements required for that 
  2.26  purpose. 
  2.27     (b) The authority granted is in addition to all other 
  2.28  powers with reference to the facilities otherwise granted by the 
  2.29  laws of this state or by this chapter. 
  2.30     Sec. 3.  Minnesota Statutes 1994, section 444.075, is 
  2.31  amended by adding a subdivision to read: 
  2.32     Subd. 2a.  [COLLECTION OF CHARGES BY WATERSHED 
  2.33  DISTRICTS.] (a) With respect to watershed districts, charges 
  2.34  established under section 103D.729 for the purpose of projects 
  2.35  under section 103D.730 may be billed and collected in a manner 
  2.36  the district shall determine, including certification to the 
  3.1   counties with territory within the district for collection by 
  3.2   the counties.  A county may bill and collect the charges in a 
  3.3   manner the county board shall determine or as described in 
  3.4   paragraph (b). 
  3.5      (b) On or before October 15 in each year, the district or 
  3.6   county board may certify to the county auditor all unpaid 
  3.7   outstanding charges, and a description of the lands against 
  3.8   which the charges arose.  The county auditor shall extend the 
  3.9   charges with interest not to exceed the interest rate provided 
  3.10  for in section 279.03, subdivision 1, upon the tax rolls of the 
  3.11  county for the taxes of the year in which the charge is filed.  
  3.12  The charge with interest shall be carried into the tax becoming 
  3.13  due and payable in January of the following year, and shall be 
  3.14  enforced and collected in the manner provided for the 
  3.15  enforcement and collection of real property taxes.  The charges, 
  3.16  if not paid, shall become delinquent and subject to the same 
  3.17  penalties and the same rate of interest as real property taxes. 
  3.18     (c) Any individual may appeal the charges under section 
  3.19  103D.535.