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SF 3869

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Current Version - as introduced

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A bill for an act
relating to waters; requiring watershed districts and water management
organizations to submit information to counties; amending Minnesota Statutes
2006, sections 103B.211, subdivision 1; 103B.231, subdivision 14; 103D.351;
103D.911, subdivision 2.

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

Section 1.

Minnesota Statutes 2006, section 103B.211, subdivision 1, is amended to
read:


Subdivision 1.

Authority.

(a) Any agreement under section 471.59 to jointly
or cooperatively manage or plan for the management of surface water in a watershed
delineated pursuant to subdivision 2, as required by sections 103B.205 to 103B.255,
may provide, in addition to other provisions authorized by section 471.59, for a joint
board having:

(1) the authority to prepare, adopt, and implement a plan for the watershed meeting
the requirements of section 103B.231;

(2) the authority to review and approve local water management plans as provided in
section 103B.235;

(3) the authority of a watershed district under chapter 103D to regulate the use and
development of land in the watershed when one or more of the following conditions exists:

(i) the local government unit exercising planning and zoning authority over the land
under sections 366.10 to 366.19, 394.21 to 394.37, or 462.351 to 462.364, does not have a
local water management plan approved and adopted in accordance with the requirements
of section 103B.235 or has not adopted the implementation program described in the plan;

(ii) an application to the local government unit for a permit for the use and
development of land requires an amendment to or variance from the adopted local water
management plan or implementation program of the local unit; or

(iii) the local government unit has authorized the organization to require permits for
the use and development of land;

(4) the authority of a watershed district under section 103D.625, to accept the
transfer of drainage systems in the watershed, to repair, improve, and maintain the
transferred drainage systems, and to construct all new drainage systems and improvements
of existing drainage systems in the watershed, provided that: (i) projects may be carried
out under the powers granted in sections 103B.205 to 103B.255 or chapter 103D or 103E;
and (ii) proceedings of the board with respect to the systems must be in conformance with
the watershed plan adopted under section 103B.231new text begin and subject to approval by all counties
in which the watershed district is located
new text end ;

(5) the authority of a watershed district under section 103D.911 to adopt a budget
and decide on the total amount necessary to be raised from ad valorem tax levies to meet
the budgetnew text begin , provided the budget is submitted to and approved by the county board of each
county included in whole or in part within the boundaries of the watershed
new text end ;

(6) the authority of a watershed district under section 103D.915 to certify its budget
with the auditor of each county having territory within the joint powers watershed
management organization;

(7) the authority of a watershed district under section 103D.901 to file approved
assessment statements with each affected county; and

(8) other powers necessary to exercise the authority under clauses (1) to (3),
including the power to enter into contracts for the performance of functions with
governmental units or persons.

(b) The Board of Water and Soil Resources shall adopt rules prescribing minimum
requirements for the content of watershed management organization joint powers
agreements.

(c) Decisions by a joint powers board may not require more than a majority vote,
except a decision on a capital improvement project, which may require no more than a
two-thirds vote.

Sec. 2.

Minnesota Statutes 2006, section 103B.231, subdivision 14, is amended to read:


Subd. 14.

Annual report.

The Board of Water and Soil Resources shall adopt
rules establishing:

(1) requirements for annual watershed management organization financial reports to
the board, including a report on administrative, project, and other expendituresnew text begin . The board
shall require that an annual financial report be sent to the county board of each county
included in whole or in part within the boundaries of the watershed
new text end ;

(2) standards for annual financial audits by certified public accountants, procedures
for the board to follow before ordering state financial and performance audits as
determined by the board, and procedures for charging the costs of financial and
performance audits to the watershed management organization; and

(3) requirements for the content of annual activity reports to the board, which must
include the number and type of permits issued, complaints received, plan and ordinance
violations, projects constructed, new officers installed, variances granted, status of local
unit adoption and enforcement of model ordinance requirements, and financial conditions
of the watershed management organization.

Sec. 3.

Minnesota Statutes 2006, section 103D.351, is amended to read:


103D.351 ANNUAL REPORT.

(a) The managers must prepare a yearly report of the financial conditions of the
watershed district, the status of all projects, the business transacted by the watershed
district, other matters affecting the interests of the watershed district, and a discussion of
the managers' plans for the succeeding year.

(b) Copies of the report must be transmitted to the Board of Water and Soil
Resources, the commissioner, deleted text begin anddeleted text end the directornew text begin , and the county board of each county in the
watershed district
new text end within a reasonable time.

Sec. 4.

Minnesota Statutes 2006, section 103D.911, subdivision 2, is amended to read:


Subd. 2.

Adoptionnew text begin ; submission to countynew text end .

On or before September 15 of each
year, the managers shall adopt a budget for the next year and decide on the total amount
necessary to be raised from ad valorem tax levies to meet the watershed district's budgetnew text begin
and submit a copy of the budget to the county board of each county in the watershed
district
new text end .