Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 207-S.F.No. 353 
           An act relating to metropolitan water management; 
          providing assessment and notice procedures; providing 
          for county ground water plans; amending Minnesota 
          Statutes 1986, sections 112.60, by adding 
          subdivisions; 112.64, by adding a subdivision; 
          473.875; 473.876, by adding subdivisions; and 473.878, 
          subdivisions 3, 5, 6, 7, and 9; proposing coding for 
          new law in Minnesota Statutes, chapter 473. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 112.60, is 
amended by adding a subdivision to read:  
    Subd. 1a.  [ASSESSMENT NOTICE FOR METROPOLITAN WATERSHEDS.] 
For a watershed district entirely within the metropolitan area, 
the auditor must mail an assessment notice to property owners 
and corporations benefited and damaged before the assessment is 
made in subdivision 1.  The assessment notice must include:  
    (1) the amount to be specially assessed against the 
property; 
    (2) the right of the property owner to prepay the entire 
assessment and to whom prepayment must be made; 
    (3) whether partial prepayment of the assessment is 
authorized; 
    (4) the time within which prepayment may be made without 
interest being charged; and 
    (5) the rate of interest to be charged if the assessment is 
not prepaid within the required time period. 
    Sec. 2.  Minnesota Statutes 1986, section 112.60, is 
amended by adding a subdivision to read: 
    Subd. 5.  [PREPAYMENT FOR METROPOLITAN WATERSHED 
DISTRICTS.] (a) For a watershed district entirely within the 
metropolitan area, a property owner or corporation may prepay 
the entire assessment at any time before the first installment 
of the assessment is entered on the tax lists for the year with 
the interest that has accrued to the date of payment, except 
that interest may not be charged on an assessment that is 
prepaid within 30 days after the assessment notice is mailed. 
    (b) After the first installment of an assessment is entered 
on the tax list, a property owner or corporation may prepay the 
entire assessment remaining due before November 15 with interest 
accrued to December 31 of the year in which the prepayment is 
made. 
    Sec. 3.  Minnesota Statutes 1986, section 112.64, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [NOTICE AND PREPAYMENT FOR METROPOLITAN 
WATERSHEDS.] For a watershed district entirely within the 
metropolitan area, the auditor must mail an assessment notice to 
the owners of affected property as provided in section 112.60, 
subdivision 1a, before the assessment is levied.  The assessment 
may be prepaid as provided in section 112.60, subdivision 5. 
    Sec. 4.  Minnesota Statutes 1986, section 473.875, is 
amended to read: 
    473.875 [SURFACE METROPOLITAN WATER MANAGEMENT PROGRAM 
PROGRAMS; PURPOSES.] 
    The purpose of the surface water management programs 
required by sections 473.875 to 473.883 is to protect, preserve 
and use natural surface and ground water storage and retention 
systems in order to (a) reduce to the greatest practical extent 
the public capital expenditures necessary to control excessive 
volumes and rates of runoff, (b) protect and improve surface and 
ground water quality, (c) prevent flooding and erosion from 
surface flows, (d) promote ground water recharge, (e) protect 
and enhance fish and wildlife habitat and water recreational 
facilities, and (f) secure the other benefits associated with 
the proper management of surface and ground water.  
    Sec. 5.  Minnesota Statutes 1986, section 473.876, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [GROUND WATER PLAN.] "Ground water plan" means a 
county plan adopted under section 12. 
    Sec. 6.  Minnesota Statutes 1986, section 473.876, is 
amended by adding a subdivision to read: 
    Subd. 2b.  [GROUND WATER SYSTEM.] "Ground water system" 
means one of the 14 principal aquifers of the state as defined 
by the United States Geological Survey in the Water-Resources 
Investigations 81-51, entitled "Designation of Principal Water 
Supply Aquifers in Minnesota" (August 1981), and its revisions. 
    Sec. 7.  Minnesota Statutes 1986, section 473.878, 
subdivision 3, is amended to read: 
    Subd. 3.  [GENERAL STANDARDS.] (a) The watershed management 
plan shall extend through the year 1990 or any year thereafter 
which is evenly divisible by five. 
     (b) The plan must be updated before the expiration of the 
period covered by the plan.  The plan must be reviewed for 
consistency with an adopted county ground water plan, and 
revised as necessary, whenever the watershed plan undergoes 
substantial revision or updating.  In counties that adopt or 
amend ground water plans within five years following the 
effective date of section 12, watershed plans must be reviewed 
for consistency with the county ground water plan, and revised 
as necessary, not later than six years following the effective 
date of section 12.  In counties that adopt or amend ground 
water plans after five years following the effective date of 
section 12, watershed plans must be reviewed for consistency 
with the county ground water plan, and revised as necessary, not 
later than one year following the adoption or amendment of the 
ground water plan.  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 ground water plan and any substantial 
adverse effects of the watershed plan on the ground water plan, 
and (2) evaluates, estimates the cost of, and recommends 
alternatives for amending the watershed plan to rectify any 
substantial inconsistencies and adverse effects.  
    (c) The plan shall contain the elements required by 
subdivision 4.  Each element shall be set out in the degree of 
detail and prescription necessary to accomplish the purposes of 
sections 473.875 to 473.883, 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) The plan shall be prepared and submitted for review 
under subdivision 5 not later than December 31, 1986. 
    (e) Existing plans of a watershed management organization 
shall remain in force and effect until amended or superseded by 
plans adopted under sections 473.875 to 473.883.  Existing or 
amended plans of a watershed management organization which meet 
the requirements of sections 473.875 to 473.883 may be submitted 
for review under subdivision 5. 
    Sec. 8.  Minnesota Statutes 1986, section 473.878, 
subdivision 5, is amended to read: 
    Subd. 5.  [LOCAL REVIEW.] (a) Upon completion of the plan 
but before final adoption by the organization, the organization 
shall submit the plan for review and comment to all counties, 
soil and water conservation districts, towns, and statutory and 
home rule charter cities having territory within the watershed.  
Any local government unit which expects that substantial 
amendment of its local comprehensive plan will be necessary in 
order to bring local water management into conformance with the 
watershed plan shall describe as specifically as possible, 
within its comments, the amendments to the local plan which it 
expects will be necessary.  If the county has a ground water 
plan, the county shall review and comment on the consistency of 
the watershed plan with the county ground water plan.  
Differences among local governmental agencies regarding the plan 
must be mediated.  
     (b) Sixty days after the submission to local government 
units for comment, the organization shall submit the plan, any 
comments received, and any appropriate amendments to the plan, 
to the board of the county or counties having territory within 
the watershed.  The county shall approve or disapprove projects 
in the capital improvement program which may require the 
provision of county funds pursuant to section 112.60, 
subdivision 2, or 473.883.  The county shall have 60 days to 
complete its review of the capital improvement program.  If the 
county fails to complete its review within the prescribed 
period, unless an extension is agreed to by the organization the 
program shall be deemed approved.  If the watershed extends into 
more than one county and one or more counties disapprove of all 
or part of a capital improvement program while the other county 
or counties approve, the program shall be submitted to the water 
resources board for review pursuant to subdivision 7.  
    Sec. 9.  Minnesota Statutes 1986, section 473.878, 
subdivision 6, is amended to read: 
    Subd. 6.  [REVIEW BY METROPOLITAN COUNCIL.] After 
completion of the review under subdivision 5, the plan and all 
comments received shall be submitted to the metropolitan council 
for review.  Notwithstanding any provision to the contrary in 
sections 112.46 and 473.165, the council shall review the plan 
in the same manner and with the same authority and effect as 
provided for the council's review of the comprehensive plans of 
local government units under section 473.175.  The council shall 
comment on the apparent conformity with metropolitan system 
plans of any anticipated amendments to local comprehensive 
plans.  The council may mediate and attempt to resolve 
differences among local governmental agencies regarding the plan.
    Sec. 10.  Minnesota Statutes 1986, section 473.878, 
subdivision 7, is amended to read: 
    Subd. 7.  [REVIEW BY STATE AGENCIES.] After completion of 
the review under subdivision 6, the plan and all comments 
received shall be submitted to the commissioner commissioners of 
natural resources and health and the director of the pollution 
control agency for review and comment on the consistency of the 
plan with state laws and rules relating to water and related 
land resources, and to the water resources board for review 
under section 112.46.  Except as otherwise provided in this 
subdivision, the water resources board shall review the plan as 
provided in section 112.46.  The board shall review the plan for 
conformance with the requirements of chapter 112 and sections 
473.875 to 473.883.  The board shall not prescribe a plan, but 
may disapprove all or parts of a plan which it determines is not 
in conformance with the requirements of chapter 112 and sections 
473.875 to 473.883.  If the capital improvement program is the 
subject of a dispute between counties, the water resources board 
shall make a final decision on the issue.  The decision shall be 
binding on the organization and the counties involved. 
    Sec. 11.  Minnesota Statutes 1986, section 473.878, 
subdivision 9, is amended to read: 
    Subd. 9.  [AMENDMENTS.] To the extent and in the manner 
required by the adopted plan, all amendments to the adopted plan 
shall be submitted to the towns, cities, county, and other 
agencies for review in accordance with the provisions of 
subdivisions 5, 6, and 7.  Amendments necessary to revise the 
plan to be consistent with county ground water plan, as required 
by subdivision 3, must be submitted for review in accordance 
with subdivisions 5, 6, and 7. 
    Sec. 12.  [473.8785] [GROUND WATER PLANS.] 
    Subdivision 1.  [AUTHORITY.] A metropolitan county may 
prepare and adopt ground water plans in accordance with this 
section. 
    Subd. 2.  [RESPONSIBLE UNITS.] The county may prepare and 
adopt the plan or, upon request of a soil and water conservation 
district, the county may delegate to the soil and water 
conservation district the preparation and adoption of all or 
part of a plan and the performance of other county 
responsibilities regarding the plan under this section and 
section 473.878. 
    Subd. 3.  [LOCAL COORDINATION.] To assure the coordination 
of efforts of all units of government during the preparation and 
implementation of watershed and ground water plans, the county 
shall conduct meetings with local units of government and 
watershed management organizations, and may enter into 
agreements with local units of government and watershed 
management organizations establishing the responsibilities 
during the preparation and implementation of the water plans. 
    Subd. 4.  [ASSISTANCE; ADVISORY COMMITTEE.] The county may 
contract with the Minnesota geological survey, the United States 
geological survey, a soil and water conservation district, or 
other public or private agencies or persons for services in 
performing the county's responsibilities regarding the plan 
under this section and section 473.878.  Counties may enter into 
agreements with other counties or local units of government 
under section 471.59 for the performance of these 
responsibilities.  To assist in the development of the ground 
water plan, the county shall seek the advice of the Minnesota 
geological survey, the departments of health and natural 
resources, the pollution control agency, and other appropriate 
local, state, and federal agencies, and shall name an advisory 
committee of 15 members.  The committee must include 
representatives of various interests, including construction, 
agriculture, hydrogeology, and well drilling.  At least four 
members of the committee must be from the public at large with 
no direct pecuniary interest in any project involving ground 
water protection.  At least seven members must be appointed from 
watershed management organizations, statutory and home rule 
charter cities, and towns, and these local government 
representatives must be geographically distributed so that at 
least one is appointed from each county commissioner district.  
The county shall consult the advisory committee on the 
development, content, and implementation of the plan, including 
the relationship of the ground water plan and existing watershed 
and local water management plans, the effect of the ground water 
plan on the other plans, and the allocation of costs and 
governmental authority and responsibilities during 
implementation. 
    Subd. 5.  [GENERAL STANDARDS.] The ground water plan must 
extend through the year 1995 or any year thereafter which is 
evenly divisible by five.  The plan must contain the elements 
required by subdivision 6.  Each element must be set out in the 
degree of detail and prescription necessary to accomplish the 
purposes of sections 473.875 to 473.883, considering the 
character of existing and anticipated physical and hydrogeologic 
conditions, land use, and development and the severity of 
existing and anticipated ground water management problems in the 
county.  To the fullest extent possible in a manner consistent 
with ground water protection, a county shall make maximum use of 
existing and available data and studies in preparing the ground 
water plan and incorporate into its ground water plan relevant 
data from existing plans and studies and the relevant provisions 
of existing plans adopted by watershed management organizations 
having jurisdiction wholly or partly within the county. 
    Subd. 6.  [CONTENTS.] A ground water 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 ground water 
and related resources in the county, including existing and 
potential distribution, availability, quality, and use; 
    (4) state the goals, objectives, scope, and priorities of 
ground water protection in the county; 
    (5) contain standards, criteria, and guidelines for the 
protection of ground water 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 ground water plan and the plans of other counties, local 
government units, and watershed management organizations in the 
affected ground water system; 
    (7) set forth standards and guidelines for implementation 
of the plan by watershed management organizations and local 
units of government; and 
    (8) include a procedure for amending the ground water plan. 
    Subd. 7.  [LOCAL REVIEW AND COMMENT.] Upon completion of 
the ground water plan but before final adoption by the county, 
the county shall submit the plan for review and comment to each 
soil and water conservation district, town, statutory and home 
rule charter city, and watershed management organization having 
territory within the county.  The county also shall submit the 
plan to any other county or watershed management organization or 
district in the affected ground water system that could affect 
or be affected by implementation of the plan.  Any political 
subdivision or watershed management organization that expects 
that substantial amendment of its plans would be necessary in 
order to bring them into conformance with the county ground 
water plan shall describe as specifically as possible, within 
its comments, the amendments that it expects would be necessary 
and the cost of amendment and implementation.  Reviewing 
entities have 60 days to review and comment.  Differences among 
local governmental agencies regarding the plan must be mediated. 
    Subd. 8.  [REVIEW BY METROPOLITAN COUNCIL.] After 
completion of the review under subdivision 7, the plan and all 
comments received must be submitted to the metropolitan council 
for review.  Notwithstanding any provision to the contrary in 
sections 112.46 and 473.165, the council shall review the plan 
in the same manner and with the same authority and effect as 
provided for the council's review of the comprehensive plans of 
local government units under section 473.175.  The council shall 
comment on the apparent conformity with metropolitan system 
plans of any anticipated amendments to watershed plans and local 
comprehensive plans.  The council shall summarize and evaluate 
the cost of rectifying inconsistencies between the ground water 
plan and watershed plans.  If the council finds that significant 
funding problems, needs, or inequities will result from the 
ground water plan, the council shall report to the legislature 
on the matter and on appropriate means of allocating and paying 
costs.  The council may mediate and attempt to resolve 
differences among local governmental agencies regarding the plan.
    Subd. 9.  [REVIEW BY STATE AGENCIES.] After completion of 
the review under subdivision 8, the plan and all comments 
received must be submitted to the commissioners of natural 
resources and health and the director of the pollution control 
agency for review and comment on the consistency of the plan 
with state laws and rules relating to water and related land 
resources, and to the water resources board for review under 
section 112.46.  Except as otherwise provided in this 
subdivision, the water resources board shall review the plan as 
provided in section 112.46.  The board shall review the plan for 
conformance with the requirements of chapter 112 and sections 
473.875 to 473.883.  The board may not prescribe a plan, but may 
disapprove all or parts of a plan which it determines is not in 
conformance with the requirements of chapter 112 and sections 
473.875 to 473.883. 
    Subd. 10.  [ADOPTION; IMPLEMENTATION.] The county shall 
adopt and implement its ground water plan within 120 days after 
approval of the plan by the water resources board. 
    Subd. 11.  [AMENDMENTS.] To the extent and in the manner 
required by the adopted plan, all amendments to the adopted plan 
must be submitted to the towns, cities, counties, and other 
agencies for review in accordance with the provisions of 
subdivisions 7 to 9. 
    Sec. 13.  [APPLICATION.] 
    Sections 4 to 12 apply in the counties of Anoka, Carver, 
Dakota, Hennepin, Ramsey, Scott, and Washington. 
    Approved May 26, 1987