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Minnesota Legislature

Office of the Revisor of Statutes

SF 3407

as introduced - 90th Legislature (2017 - 2018) Posted on 03/16/2018 08:31am

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

Current Version - as introduced

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A bill for an act
relating to water; modifying watershed management organization planning
requirements; modifying watershed district purposes;amending Minnesota Statutes
2016, sections 103B.201; 103B.231, subdivisions 3a, 4, 6; 103B.235, subdivision
2; 103B.255, subdivision 7; 103D.201, subdivision 2.


Section 1.

Minnesota Statutes 2016, section 103B.201, is amended to read:


The purposes of the water management programs required by sections 103B.205 to
103B.255 are to:

(1) protect, preserve, and use natural surface and groundwater storage and retention

(2) minimize public capital expenditures needed to correct flooding and new text beginproblems with
new text end water quality deleted text beginproblemsdeleted text endnew text begin and quantitynew text end;

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

(4) establish more uniform local policies and official controls for surface and groundwater

(5) prevent erosion of soil into surface water systems;

(6) new text beginslow the movement of water and new text endpromote groundwater recharge;

(7) protect and enhance fish and wildlife habitat and water recreational facilities; deleted text beginand
deleted text end

(8)new text begin protect and enhance surface water and groundwater resources used for drinking
water; and
new text end

new text begin (9)new text end secure the other benefits associated with the proper management of surface new text beginwater
new text end and deleted text beginground waterdeleted text endnew text begin groundwaternew text end.

Sec. 2.

Minnesota Statutes 2016, section 103B.231, subdivision 3a, is amended to read:

Subd. 3a.

Priority schedule.

(a) The Board of Water and Soil Resources in consultation
with the state review agencies and the Metropolitan Council may develop a priority schedule
for the revision of plans required under this chapter.

(b) The prioritization should be based on but not be limited to status of current plan,
scheduled revision dates, anticipated growth and development, existing and potential
problems, and regional deleted text beginwater qualitydeleted text end goals and prioritiesnew text begin for water quality and quantitynew text end.

(c) The schedule will be used by the Board of Water and Soil Resources in consultation
with the state review agencies and the Metropolitan Council to direct watershed management
organizations of when they will be required to revise their plans.

(d) In the event that a plan expires prior to notification from the Board of Water and
Soil Resources under this section, the existing plan, authorities, and official controls of a
watershed management organization shall remain in full force and effect until a revision is

(e) Watershed management organizations submitting plans and draft plan amendments
for review prior to the board's priority review schedule, may proceed to adopt and implement
the plan revisions without formal board approval if the board fails to adjust its priority
review schedule for plan review, and commence its statutory review process within 45 days
of submittal of the plan revision or amendment.

Sec. 3.

Minnesota Statutes 2016, section 103B.231, subdivision 4, is amended to read:

Subd. 4.

General standards.

(a) The watershed management plan must specify the
period covered by the plan and must extend at least five years but no more than ten years
from the date the board approves the plan. Plans that contain revision dates inconsistent
with this section must comply with that date, provided it is not more than ten years beyond
the date of board approval.

(b) The plan must be reviewed for consistency with an adopted county groundwater
plan, and revised to the degree necessary to become compliant with the groundwater plan
no later than two years after adoption by the county. A one-year extension may be granted
by the board. Upon the request of a watershed management organization, the county shall
provide a written statement that:

(1) identifies any substantial inconsistencies between the watershed plan and the
groundwater plan and any substantial adverse effects of the watershed plan on the
groundwater plan; deleted text beginand
deleted text end

(2) evaluates, estimates the cost of, and recommends alternatives for amending the
watershed plan to rectify any substantial inconsistencies and adverse effectsdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (3) provides recommendations to improve groundwater quality and quantity.
new text end

(c) The plan shall contain the elements required by subdivision 6. Each element shall
be set out in the degree of detail and prescription necessary to accomplish the purposes of
sections 103B.205 to 103B.255, considering the character of existing and anticipated physical
and hydrogeologic conditions, land use, and development and the severity of existing and
anticipated water management problems in the watershed.

(d) Existing plans of a watershed management organization shall remain in force and
effect until amended or superseded by plans adopted under sections 103B.205 to 103B.255.

(e) Watershed management organizations shall coordinate their planning activities with
contiguous watershed management organizations and counties conducting water planning
and implementation under sections 103B.101 and 103B.301 to 103B.355.

Sec. 4.

Minnesota Statutes 2016, section 103B.231, subdivision 6, is amended to read:

Subd. 6.


(a) The plan shall:

(1) describe the existing physical environment, land use, and development in the area
and the environment, land use, and development proposed in existing local and metropolitan
comprehensive plans;

(2) present information on the hydrologic system and its components, including drainage
systems previously constructed under chapter 103E, and existing and potential problems
related thereto;

(3) state objectives and policies, including management principles, alternatives and
modifications, new text beginsurface new text endwaternew text begin and groundwaternew text end quality, new text begingroundwater recharge goals, new text endand
protection of natural characteristics;

(4) set forth a management plan, including the hydrologic and water quality conditions
that will be sought and significant opportunities for improvement;

(5) describe the effect of the plan on existing drainage systems;

(6) identify high priority areas for wetland preservation, enhancement, restoration, and
establishment and describe any conflicts with wetlands and land use in these areas;

(7) describe conflicts between the watershed plan and existing plans of local government

(8) set forth an implementation program consistent with the management plan, which
includes a capital improvement program and standards and schedules for amending the
comprehensive plans and official controls of local government units in the watershed to
bring about conformance with the watershed plan; and

(9) set out procedures and timelines for amending the plan.

(b) The board shall adopt rules to establish standards and requirements for amendments
to watershed plans. The rules must include:

(1) performance standards for the watershed plans, which may distinguish between plans
for urban areas and rural areas;

(2) minimum requirements for the content of watershed plans and plan amendments,
including public participation process requirements for amendment and implementation of
watershed plans;

(3) standards for the content of capital improvement programs to implement watershed
plans, including a requirement that capital improvement programs identify structural and
nonstructural alternatives that would lessen capital expenditures; and

(4) how watershed plans are to specify the nature of the official controls required to be
adopted by the local units of government, including uniform erosion control, storm water
retention, and wetland protection ordinances in the metropolitan area.

Sec. 5.

Minnesota Statutes 2016, section 103B.235, subdivision 2, is amended to read:

Subd. 2.


(a) Each local plan, in the degree of detail required in the watershed
plan, shall:

(1) describe existing and proposed physical environment and land use;

(2) define drainage areas and the volumes, rates, and paths of storm water runoff;

(3) identify areas and elevations for storm water storage adequate to meet performance
standards new text beginand groundwater recharge goals new text endestablished in the watershed plan;

(4) define water quality and water quality protection methods adequate to meet
performance standards established in the watershed plan;

(5) identify regulated areas; and

(6) set forth an implementation program, including a description of official controls and,
as appropriate, a capital improvement program.

(b) The Board of Water and Soil Resources shall adopt rules establishing minimum local
plan standards and a model environmental management ordinance for use by local
government units in implementing local water plans. The standards apply to plan amendments
made to conform to changes in the watershed plans that are adopted under the board rules
required by section 103B.231, subdivision 6.

Sec. 6.

Minnesota Statutes 2016, section 103B.255, subdivision 7, is amended to read:

Subd. 7.


A groundwater plan must:

(1) cover the entire area within the county;

(2) describe existing and expected changes to the physical environment, land use, and
development in the county;

(3) summarize available information about the groundwater and related resources in the
county, including existing and potential distribution, availability, quality, new text beginrecharge rates,
new text end and use;

(4) state the goals, objectives, scope, and priorities of groundwater protection in the
countynew text begin, including goals to slow the movement of water to improve water quality and increase
groundwater recharge
new text end;

(5) contain standards, criteria, and guidelines for the protection of groundwater from
pollution and for various types of land uses in environmentally sensitive areas, critical areas,
or previously contaminated areas;

(6) describe relationships and possible conflicts between the groundwater plan and the
plans of other counties, local government units, and watershed management organizations
in the affected groundwater system;

(7) set forth standards, guidelines, and official controls for implementation of the plan
by watershed management organizations and local units of government; and

(8) include procedures and timelines for amending the groundwater plan.

Sec. 7.

Minnesota Statutes 2016, section 103D.201, subdivision 2, is amended to read:

Subd. 2.

Specific purposes.

new text begin(a) new text endA watershed district may be established for any of the
following purposes:

(1) to control or alleviate damage from flood waters;

(2) to improve stream channels for drainage, navigation, and any other public purpose;

(3) to reclaim or fill wet and overflowed land;

(4) to provide a water supply for irrigation;

(5) to regulate the flow of streams and conserve the streams' water;

(6) to divert or change all or part of watercourses;

(7) to provide or conserve water supply for domestic, industrial, recreational, agricultural,
or other public use;

(8) to provide for sanitation and public health, and regulate the use of streams, ditches,
or watercourses to dispose of waste;

(9) to repair, improve, relocate, modify, consolidate, and abandon all or part of drainage
systems within a watershed district;

(10) to control or alleviate soil erosion and siltation of watercourses or water basins;

(11) to regulate improvements by riparian property owners of the beds, banks, and shores
of lakes, streams, and wetlands for preservation and beneficial public use;

(12) to provide for hydroelectric power generation;

(13) to protect or enhance the water quality in watercourses or water basins; deleted text beginand
deleted text end

(14) to provide for the protection of groundwater and regulate its use to preserve it for
beneficial purposesdeleted text begin.deleted text endnew text begin; and
new text end

new text begin (15) to slow the movement of water to protect surface waters and recharge groundwater
new text end

new text begin (b) Once established, a watershed district must slow the movement of water to protect
surface waters and recharge groundwater resources.
new text end