SF 3316

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to water; requiring reports by drainage authorities to the Board of Water
and Soil Resources; creating a work group; proposing coding for new law in
Minnesota Statutes, chapter 103E.

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

Section 1.

new text begin [103E.023] REPORTS TO BOARD OF WATER AND SOIL
RESOURCES.
new text end

new text begin (a) The drainage authority of each county must report to the Board of Water and
Soil Resources by October 1 of each year on the following:
new text end

new text begin (1) the number of miles of open public drainage ditches that are under the jurisdiction
of the authority;
new text end

new text begin (2) the number of ditch projects or proceedings under the authority's jurisdiction,
since the last survey, that have triggered the appointment of viewers and the requirement
for installation of permanent grass buffer strips according to section 103E.021;
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new text begin (3) the number of miles of public drainage ditches under the authority's jurisdiction
that are required to have a one-rod or wider permanent grass buffer strip according to
section 103E.021;
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new text begin (4) the number of miles of public drainage ditches identified in clause (3) that have
had the required grass buffer strips installed, including which sides of the ditch;
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new text begin (5) of the grass buffer strips installed according to section 103E.021 under the
authority's jurisdiction, the number of miles currently in place;
new text end

new text begin (6) whether the authority has rules or policies for the harvest of grass buffer strips by
the landowner or assigns according to section 103E.021, subdivision 2;
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new text begin (7) how many miles have had regular inspection of ditches and required grass
buffer strips according to sections 103E.021, subdivision 4, and 103E.705, subdivision
2, since the last survey;
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new text begin (8) the number of times since the last survey that the authority has taken the
following grass buffer strip compliance actions according to sections 103E.021,
subdivision 4, and 103E.705, subdivision 2:
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new text begin (i) sent a compliance notice to a noncompliant property owner;
new text end

new text begin (ii) issued an order to have the necessary work performed to bring a noncompliant
property into compliance with section 103E.021; or
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new text begin (iii) sent a statement to the county auditor and the property owner of the expenses
incurred to bring a property into compliance;
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new text begin (9) whether the authority has a plan or procedure in place to update drainage ditch
benefit determinations on a routine basis; and
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new text begin (10) any additional comments about grass buffer strips or section 103E.021.
new text end

new text begin (b) The Board of Water and Soil Resources must provide a summary of the reports
to the house and senate committees having jurisdiction over the environment and natural
resources by the end of the year in which the reports were submitted.
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new text begin (c) The Board of Water and Soil Resources shall provide a summary of the reports
on its Web site.
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Sec. 2. new text begin BUFFER IMPLEMENTATION WORK GROUP.
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new text begin (a) The Board of Water and Soil Resources shall appoint a work group to recommend
methods of improving implementation of Minnesota Statutes, section 103E.021. The
board shall provide administrative support for the work group.
new text end

new text begin (b) The work group shall consist of representatives of:
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new text begin (1) agriculture;
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new text begin (2) environmental organizations;
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new text begin (3) local government;
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new text begin (4) the Department of Natural Resources;
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new text begin (5) the Pollution Control Agency;
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new text begin (6) the Department of Agriculture; and
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new text begin (7) the University of Minnesota.
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new text begin (c) By January 15, 2007, the work group shall report to the house and senate
committees having jurisdiction over environment and natural resources with
recommendations to:
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new text begin (1) evaluate barriers to implementation of Minnesota Statutes, section 103E.021, and
recommended solutions;
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new text begin (2) improve enforcement of Minnesota Statutes, section 103E.021;
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new text begin (3) provide incentives to implement Minnesota Statutes, section 103E.021;
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new text begin (4) amend statutes to encourage implementation of Minnesota Statutes, section
103E.021;
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new text begin (5) develop recommended methods for drainage records modernization; and
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new text begin (6) define authority to use ditch maintenance funds for grass buffer strip
implementation.
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new text begin (d) The work group expires upon submission of the report required under paragraph
(c).
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Sec. 3. new text begin EFFECTIVE DATE.
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new text begin Sections 1 and 2 are effective July 1, 2006, and the first county reports must be
submitted by October 1, 2006.
new text end