Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 601-S.F.No. 1894 
           An act relating to environment and natural resources; 
          amending provisions relating to metropolitan water 
          management organizations; providing legislative 
          commission oversight of the metropolitan water 
          management act; providing for appointment of 
          metropolitan watershed district managers from 
          residents within the district; authorizing management 
          and financing of drainage systems under certain laws; 
          clarifying water management purposes; providing for 
          removal for just cause of members of watershed 
          management organization boards; authorizing a 
          technical advisory committee; requiring watershed 
          management organizations to prepare newsletters, 
          annual reports, and audits; providing for preparation 
          of watershed plans and implementation of plans; 
          providing penalties for not implementing plans; 
          authorizing and directing the board of water and soil 
          resources to adopt rules; providing for appeal of plan 
          failures; providing for requests for proposals for 
          certain services; authorizing accumulation of levy 
          proceeds; appropriating money; requiring a drainage 
          system report; amending Minnesota Statutes 1988, 
          sections 110B.28; 110B.30; 112.42, subdivision 3; 
          473.875; 473.876, by adding a subdivision; 473.877, 
          subdivision 1; 473.878, subdivisions 1, 1a, 2, 3, 4, 
          6, 8, and by adding subdivisions; 473.879, subdivision 
          2; 473.881; 473.882, subdivision 1; and 473.883, 
          subdivisions 3 and 7; Minnesota Statutes 1989 
          Supplement, section 473.883, subdivision 6; proposing 
          coding for new law in Minnesota Statutes, chapters 112 
          and 473. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
     Section 1.  Minnesota Statutes 1988, section 110B.28, is 
amended to read:  
    110B.28 [COMMISSION OVERSIGHT; REPORT REQUIRED.] 
    The board shall, on or before January 15 of each year, 
submit to the legislative water commission on Minnesota 
resources a written report on the board's functions and the 
implementation of the comprehensive local water management 
act and sections 473.875 to 473.883 since the previous report 
under this section was submitted.  The report to the commission 
must include the board's recommendations for changes to the 
comprehensive local water management act and sections 473.875 to 
473.883 and any recommendations for funding.  The board shall 
also report to the commission at other times requested by the 
commission.  The commission may make recommendations to the 
legislature concerning the funding, implementation, and 
amendment of the act and sections 473.875 to 473.883.  
    Sec. 2.  Minnesota Statutes 1988, section 110B.30, is 
amended to read:  
    110B.30 [APPLICATION.] 
    Sections 110B.01 to 110B.28 do not apply in areas subject 
to the requirements of sections 473.875 to 473.883 under section 
473.878, subdivision 1, and in areas covered by an agreement 
entered into by December 31, 1985, under section 473.878, 
subdivision 1a, except as otherwise provided in sections 
110B.04, subdivision 4, clause (4); and 110B.08, subdivisions 1, 
clauses (3) and (4) and 2, clause (b).  
    Sec. 3.  Minnesota Statutes 1988, section 112.42, 
subdivision 3, is amended to read:  
    Subd. 3.  [TERMS; SUCCESSOR APPOINTMENTS; VACANCIES.] (a) 
At least 30 days before the expiration of the term of office of 
the first managers named by the board, the county commissioners 
of each county affected shall meet and appoint successors to the 
first managers.  If the nominating petition for the district 
originated from a majority of the cities in the district, or if 
the district is wholly within the metropolitan area, the county 
commissioners shall appoint the managers from a list of persons 
nominated jointly or severally by the towns and municipalities 
within the district.  If the district is wholly within the 
metropolitan area, the county commissioners shall appoint the 
managers from a list of persons nominated jointly or severally 
by the towns and municipalities within the district.  The list 
must contain at least three nominees for each position to be 
filled.  Managers for a district wholly within the metropolitan 
area must be appointed to fairly represent by residence the 
various hydrologic areas within the district.  
    (b) The list of nominees must be submitted to the affected 
county board at least 60 days before the expiration of the term 
of office.  If the list is not submitted within 60 days prior to 
the expiration of the term of office, the county commissioners 
shall select the managers from eligible individuals within the 
district.  The county commissioners shall meet and appoint the 
successors at least 30 days before any manager's term expires.  
If the district affects more than one county, distribution of 
the managers among the counties affected shall be as directed by 
the board.  
    (c) Ten years after the order of establishment, the board 
may redistribute the managers among the counties if 
redistribution is in accordance with the purposes of this 
chapter.  The board may take this action upon petition of the 
county board of commissioners of any county affected by the 
district and after public hearing on the petition.  A petition 
for the redistribution of managers must not be filed with the 
board more than once in ten years.  
     (d) If the number of manager positions in the board's 
findings and order establishing the district is three, the terms 
of office of the first county-appointed managers shall be one 
for a term of one year, one for a term of two years, and one for 
a term of three years.  If the number of managers is five, one 
manager's term shall be one year, two managers' terms shall be 
two years, and two managers' terms shall be three years.  If the 
board of managers consists of more than five members, the 
managers shall be appointed so that as nearly as possible 
one-third serve terms of one year, one-third serve terms of two 
years, and one-third serve terms of three years.  If the 
district affects more than one county, the board shall direct 
the distribution of the one-, two-, and three-year terms among 
the affected counties.  Thereafter, the term of office for each 
manager must be three years, and until a successor is appointed 
and qualified.  If the district affects more than five counties, 
in order to provide for the orderly distribution of the 
managers, the board may determine and identify the manager areas 
within the territory of the district and select the appointing 
county board of commissioners for each manager's area.  Any 
vacancy in an office of a manager must be filled by the 
appointing county board of commissioners.  
    (e) A record of all appointments made under this 
subdivision must be filed with the county auditor of each county 
affected, with the secretary of the board of managers, and with 
the secretary of the board.  A person appointed as a manager 
must be a voting resident of the district and must not be a 
public officer of the county, state, or federal government, 
except that a soil and water conservation supervisor may be a 
manager.  
    Sec. 4.  [112.4305] [TECHNICAL ADVISORY COMMITTEES.] 
    For a district wholly within the metropolitan area, the 
board of managers shall establish a technical advisory committee 
consisting of representatives of affected statutory and home 
rule charter cities, counties, and soil and water conservation 
districts.  
    Sec. 5.  [473.157] [WATER RESOURCES PLAN.] 
    To help achieve federal and state water quality standards, 
provide effective water pollution control, and help reduce 
unnecessary investments in advanced wastewater treatment, the 
council shall adopt a water resources plan that includes 
management objectives and target pollution loads for watersheds 
in the metropolitan area.  The council shall recommend to the 
board of water and soil resources performance standards for 
watershed plans in the metropolitan area, including standards 
relating to the timing of plan revisions and proper water 
quality management. 
    Sec. 6.  Minnesota Statutes 1988, section 473.875, is 
amended to read:  
    473.875 [METROPOLITAN WATER MANAGEMENT PROGRAMS; PURPOSES.] 
    The purpose purposes of the water management programs 
required by sections 473.875 to 473.883 is are 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.  
    (1) protect, preserve, and use natural surface and 
groundwater storage and retention systems; 
    (2) minimize public capital expenditures needed to correct 
flooding and water quality problems; 
    (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 management; 
    (5) prevent erosion of soil into surface water systems; 
    (6) promote groundwater recharge; 
    (7) protect and enhance fish and wildlife habitat and water 
recreational facilities; and 
    (8) secure the other benefits associated with the proper 
management of surface and ground water.  
    Sec. 7.  Minnesota Statutes 1988, section 473.876, is 
amended by adding a subdivision to read:  
    Subd. 6a.  [SUBWATERSHED UNIT.] "Subwatershed unit" means a 
hydrologic area less than the entire area under the jurisdiction 
of a watershed management organization.  
    Sec. 8.  Minnesota Statutes 1988, section 473.877, 
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 473.875 to 
473.883, may provide, in addition to other provisions authorized 
by section 471.59, for a joint board having:  
    (a) (1) the authority to prepare, adopt, and implement a 
plan for the watershed meeting the requirements of section 
473.878; 
    (b) (2) the authority to review and approve local water 
management plans as provided in section 473.879; 
    (c) (3) the authority of a watershed district under chapter 
112 to regulate the use and development of land in the watershed 
when one or more of the following conditions exists:  (1) (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 473.879 or has not adopted the 
implementation program described in the plan; (2) (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; (3) and (iii) the local government 
unit has authorized the organization to require permits for the 
use and development of land; 
    (d) (4) the authority of a watershed district under section 
112.65 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 chapter 106A, 112, or 473 and sections 106A.005 to 
106A.811 and that; and (ii) proceedings of the board with 
respect to the systems must be in conformance with the watershed 
plan adopted under section 473.878; and 
    (e) (5) other powers necessary to exercise the authority 
under clauses (a) (1) to (c) (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. 9.  [473.8775] [WATERSHED MANAGEMENT ORGANIZATIONS.] 
    Subdivision 1.  [APPOINTMENT OF MEMBERS.] Watershed 
management organizations shall notify the board of water and 
soil resources of member appointments and vacancies in member 
positions within 30 days.  Appointing authorities shall fill 
vacant positions by 90 days after the vacancy occurs.  
    Subd. 2.  [NOTICE OF BOARD VACANCIES.] Appointing 
authorities for watershed management organization board members 
shall publish a notice of vacancies resulting from expiration of 
members' terms and other reasons.  The notices must be published 
at least once in a newspaper of general circulation in the 
watershed management organization area.  The notices must state 
that persons interested in being appointed to serve on the 
watershed management organization board may submit their names 
to the appointing authority for consideration.  Published notice 
of the vacancy must be given at least 15 days before an 
appointment or reappointment is made.  
    Subd. 3.  [REMOVAL.] Appointing authorities may remove 
members of watershed management organization boards for just 
cause.  The board of water and soil resources shall adopt rules 
prescribing standards and procedures for removing members of 
watershed management organization boards for just cause. 
    Subd. 4.  [NEWSLETTER.] A watershed management organization 
shall publish and distribute at least one newsletter or other 
appropriate written communication each year to residents.  The 
newsletter or other communication must explain the 
organization's water management programs and list the officers 
and telephone numbers.  
    Subd. 5.  [REQUESTS FOR PROPOSALS FOR SERVICES.] A 
watershed management organization shall at least every two years 
solicit interest proposals for legal, professional, or technical 
consultant services before retaining the services of an attorney 
or consultant or extending an annual services agreement.  
    Subd. 6.  [FORMATION OF ASSOCIATION.] The board of water 
and soil resources shall facilitate the formation of an 
association of watershed management organizations and inform the 
association, if formed, of similar national associations with 
which it may become affiliated.  
    Subd. 7.  [DRAINAGE SYSTEMS.] Watershed management 
organizations may accept transfer of drainage systems under 
sections 473.875 to 473.883.  
    Sec. 10.  Minnesota Statutes 1988, section 473.878, 
subdivision 1, is amended to read:  
    Subdivision 1.  [REQUIREMENT.] (a) A watershed management 
plan is required for watersheds comprising all minor watershed 
units wholly or partly within the metropolitan area.  For the 
purposes of this section a minor watershed unit shall be 
considered within the metropolitan area if units having more 
than 90 percent of its their area is within the metropolitan 
area., the watershed management plan shall be prepared, adopted, 
and implemented in accordance with the requirements of sections 
473.875 to 473.883.  
    (b) Minor watershed units having 90 percent or less of 
their area within the metropolitan area shall prepare a plan or 
have the county prepare a watershed management plan for their 
area in accordance with the requirements of sections 473.875 to 
473.883 or chapter 110B, as determined by the board of water and 
soil resources.  
    Sec. 11.  Minnesota Statutes 1988, section 473.878, 
subdivision 1a, is amended to read:  
    Subd. 1a.  [OPTIONAL PARTICIPATION IN METROPOLITAN WATER 
MANAGEMENT ORGANIZATION.] Local government units, within or 
outside of the metropolitan area, having territory that is not 
subject to the requirements of this section but that is within a 
watershed part of which is subject to the requirements of this 
section, may enter into an agreement under section 473.877.  A 
local government unit that enters into an agreement under this 
subdivision has the duties imposed and the authority granted in 
sections 473.875 to 473.883.  
    Sec. 12.  Minnesota Statutes 1988, section 473.878, 
subdivision 2, is amended to read:  
    Subd. 2.  [RESPONSIBLE UNITS.] (a) Where a watershed 
management organization exists, the plan for the watershed shall 
be prepared and adopted by the organization.  
    (b) If a watershed management organization is not 
established by July 1, 1985, for any minor watershed unit 
located wholly outside of Hennepin and Ramsey counties, is 
terminated, or the board of water and soil resources determines 
a plan is not being implemented in accordance with its rules, 
the county or counties containing the watershed unit shall 
prepare, adopt, and implement the watershed plan and for this 
purpose the county or counties have the planning, review, 
permitting, and financing authority of a watershed management 
organization specified in sections 473.877 to 473.883.  If a 
watershed management organization is not established by July 1, 
1985, for any minor watershed unit within the metropolitan area 
and wholly or partly within Hennepin or Ramsey counties, the 
county or counties containing the watershed unit shall petition 
for the establishment of a watershed district under chapter 112, 
provided, however, that a district established pursuant to such 
a petition shall not cross a primary river nor a river forming 
the boundary between a metropolitan county and a county outside 
the metropolitan area, shall have boundaries which are based 
upon negotiations among all local government units which may 
have territory within the district and adjacent watersheds and 
shall not cross county boundaries to include territory whose 
distinguishing characteristic is multiple drainage points into a 
primary river.  A watershed management organization may request 
a county to prepare all or part of a plan.  A county may 
delegate the preparation of all or part of a plan to the county 
soil and water conservation district.  Upon request of a 
statutory or home rule charter city or town, a county may 
delegate the preparation of all or part of a plan to the city or 
town.  
    (c) If the board of water and soil resources determines 
that a county is not implementing the plan, has not delegated 
implementation of the plan, and has not petitioned for the 
creation of a watershed district: 
    (1) state agencies may withhold from local government units 
state funding for water programs for projects within the 
watershed; 
    (2) state agencies may withhold from local government units 
delegation of state water resource regulatory authority within 
the watershed; and 
    (3) state agencies may suspend issuance of water-related 
permits within the watershed.  
     The provisions of this paragraph apply until the board of 
water and soil resources determines that a plan is being 
implemented in accordance with its rules. 
    (d) Appeals from the board of water and soil resources 
determination are made in the same manner as appeals under 
section 110B.25, subdivision 5. 
    Sec. 13.  Minnesota Statutes 1988, 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 August 1, 
1987, watershed plans must be reviewed for consistency with the 
county ground water plan, and revised as necessary, not later 
than six years following August 1, 1987.  In counties that adopt 
or amend ground water plans after five years following August 1, 
1987, 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.  
    (f) Watershed management organizations shall coordinate 
their planning activities with contiguous watershed management 
organizations and counties conducting water planning and 
implementation under chapter 110B.  
    Sec. 14.  Minnesota Statutes 1988, section 473.878, 
subdivision 4, is amended to read:  
    Subd. 4.  [CONTENTS.] (a) The plan shall:  
    (a) (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; 
    (b) (2) present information on the hydrologic system and 
its components, including any drainage systems previously 
constructed under sections 106A.005 to 106A.811, and existing 
and potential problems related thereto; 
    (c) (3) state objectives and policies, including management 
principles, alternatives and modifications, water quality, and 
protection of natural characteristics; 
    (d) (4) set forth a management plan, including the 
hydrologic and water quality conditions that will be sought and 
significant opportunities for improvement; 
    (e) (5) describe the effect of the plan on existing 
drainage systems; 
    (f) (6) describe conflicts between the watershed plan and 
existing plans of local government units; 
    (g) (7) 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 
    (h) (8) set out a procedure 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, stormwater 
retention, and wetland protection ordinances in the metropolitan 
area.  
     Sec. 15.  Minnesota Statutes 1988, 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 shall advise the board of water and soil 
resources on whether the plan conforms with the management 
objectives and target pollution loads stated in the council's 
water resources plan and shall recommend changes in the plan 
that would satisfy the council's plan.  The council may mediate 
and attempt to resolve differences among local governmental 
agencies regarding the plan. 
    Sec. 16.  Minnesota Statutes 1988, section 473.878, 
subdivision 8, is amended to read:  
    Subd. 8.  [ADOPTION; IMPLEMENTATION.] (a) The organization 
shall adopt and implement its plan within 120 days after 
compliance with the provisions of subdivision 7 and approval of 
the plan by the board of water and soil resources.  A watershed 
district may implement its approved plan and approved capital 
improvement program by resolution of the majority of the board 
of managers and without respect to the provisions of chapter 112 
requiring the managers to wait upon petitions for projects, to 
submit projects for review by the board of water and soil 
resources, and to limit the cost and purposes of projects.  
    (b) The board of water and soil resources shall adopt rules 
establishing standards and criteria for making determinations of 
whether watershed management organizations and counties are 
implementing watershed plans as required under subdivision 1.  
    Sec. 17.  Minnesota Statutes 1988, section 473.878, is 
amended by adding a subdivision to read:  
    Subd. 10.  [PLAN REVIEW.] The board of water and soil 
resources shall review each watershed management organization 
plan at least once every five years and recommend appropriate 
changes.  
    Sec. 18.  Minnesota Statutes 1988, section 473.878, is 
amended by adding a subdivision to read:  
   Subd. 11.  [APPEALS OF PLAN FAILURES.] Persons aggrieved by 
an alleged failure to comply with the provisions of an approved 
plan may request review by the board of water and soil 
resources.  The board shall establish a procedure for resolving 
disputes and making a determination on whether the plan is being 
implemented. 
    Sec. 19.  Minnesota Statutes 1988, section 473.878, is 
amended by adding a subdivision to read:  
    Subd. 12.  [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 expenditures; 
    (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. 20.  [473.880] [RULE REVIEW.] 
    The board of water and soil resources shall review the 
rules relating to sections 473.875 to 473.883 at least once 
every five years and adopt necessary amendments.  
    Sec. 21.  Minnesota Statutes 1988, section 473.879, 
subdivision 2, is amended to read:  
    Subd. 2.  [STANDARDS; CONTENTS.] (a) Each local plan, in 
the degree of detail required in the watershed plan, shall:  
    (a) (1) describe existing and proposed physical environment 
and land use; 
    (b) (2) define drainage areas and the volumes, rates, and 
paths of stormwater runoff; 
    (c) (3) identify areas and elevations for stormwater 
storage adequate to meet performance standards established in 
the watershed plan; 
    (d) (4) define water quality and water quality protection 
methods adequate to performance standards established in the 
watershed plan; 
    (e) (5) identify regulated areas; and 
    (f) (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 
14. 
    Sec. 22.  Minnesota Statutes 1988, section 473.881, is 
amended to read:  
    473.881 [NO EXEMPTION FROM LEVY LIMIT.] 
    Any levy to pay the increased costs to a local government 
unit or watershed management organization of implementing 
sections 473.878 and 473.879 or to pay costs of improvements and 
maintenance of improvements identified in an approved and 
adopted plan shall be in addition to any other taxes authorized 
by law and shall be disregarded in the calculation of limits on 
taxes imposed by chapter 275, except levies pursuant to section 
473.883, subdivision 7, for taxes payable in 1985 and thereafter.
Notwithstanding any provision to the contrary in chapter 112, a 
watershed district may levy a tax sufficient to pay the 
increased costs to the district of implementing sections 473.878 
and 473.879.  The proceeds of any tax levied under this section 
shall be deposited in a separate fund and expended only for the 
purposes authorized by this section.  Watershed management 
organizations and local government units may accumulate the 
proceeds of levies as an alternative to issuing bonds to finance 
improvements.  The amount authorized under this section and 
levied by a governmental subdivision is not exempt from sections 
275.50 to 275.56. 
    Sec. 23.  Minnesota Statutes 1988, section 473.882, 
subdivision 1, is amended to read:  
    Subdivision 1.  [WATERSHED MANAGEMENT TAX DISTRICT.] (a) 
Any local government unit planning for water management under 
sections 473.878 and 473.879 may establish a watershed 
management tax district in the territory within the watershed, 
for the purpose of paying the costs of the planning required 
under sections 473.878 and 473.879.  
    (b) Any local government unit which has part of its 
territory within a watershed for which a plan has been adopted 
in accordance with section 473.878 and which has a local water 
management plan adopted in accordance with section 473.879 may 
establish a watershed management tax district in the territory 
within the watershed or a minor watershed subwatershed unit in 
the watershed, for the purpose of paying capital costs of the 
water management facilities described in the capital improvement 
program of the plans and for the purpose of paying for normal 
and routine maintenance of the facilities.  
    (c) A county or counties required by section 473.878, 
subdivision 2, to prepare, adopt, and implement a watershed plan 
shall apportion the costs of planning, capital improvements, and 
maintenance proportionate to benefits.  The county may apportion 
the costs among the minor watershed subwatershed units in the 
watershed, or among the statutory and home rule charter cities 
and towns having territory in the watershed, and for this 
purpose may establish more than one watershed management tax 
district in the watershed.  
    Sec. 24.  Minnesota Statutes 1988, section 473.883, 
subdivision 3, is amended to read:  
    Subd. 3.  [APPORTIONMENT OF COSTS.] If the territory of the 
watershed management organization extends into more than one 
county, the cost of the improvement shall be certified to the 
respective county boards in the proportions prescribed in the 
capital improvement program of the organization.  The 
certification of the watershed management organization may 
apportion the cost among some or all of the minor watershed 
subwatershed units in the watershed and for this purpose may 
require the establishment of more than one tax district in the 
watershed.  
    Sec. 25.  Minnesota Statutes 1989 Supplement, section 
473.883, subdivision 6, is amended to read:  
    Subd. 6.  [TAX.] For the payment of principal and interest 
on the bonds issued under subdivision 5 and the payment required 
under subdivision 4, the county shall irrevocably pledge and 
appropriate the proceeds of a tax levied on all taxable property 
located within the territory of the watershed management 
organization or minor watershed subwatershed unit for which the 
bonds are issued.  Each year until the reserve for payment of 
the bonds is sufficient to retire the bonds, the county shall 
levy on all taxable property in the territory of the 
organization or unit, without respect to any statutory or other 
limitation on taxes, an amount of taxes sufficient to pay 
principal and interest on the bonds and to restore any 
deficiencies in reserves required to be maintained for payment 
of the bonds.  The tax levied on rural towns other than urban 
towns may not exceed 0.02418 percent of taxable market value, 
unless approved by resolution of the town electors.  If at any 
time the amounts available from the levy on property in the 
territory of the organization are insufficient to pay principal 
and interest on the bonds when due, the county shall make 
payment from any available funds in the county treasury.  The 
amount of any taxes which are required to be levied outside of 
the territory of the watershed management organization or unit 
or taken from the general funds of the county to pay principal 
or interest on the bonds shall be reimbursed to the county from 
taxes levied within the territory of the watershed management 
organization or unit.  
    Sec. 26.  Minnesota Statutes 1988, section 473.883, 
subdivision 7, is amended to read:  
    Subd. 7.  [MAINTENANCE LEVY.] For the purpose of creating a 
maintenance fund to be used for normal and routine maintenance 
of a work of improvement constructed in whole or part with money 
provided by the county pursuant to subdivision 4, the board of 
managers of a watershed district, with the approval of the 
county, may impose an ad valorem levy on all property located 
within the territory of the watershed district or minor 
watershed subwatershed unit.  The levy shall be certified, 
levied, collected, and distributed as provided in section 
112.611, and shall be in addition to any other money levied and 
distributed to the district thereunder.  The proceeds of the 
levy shall be deposited in a separate maintenance and repair 
account to be used only for the purpose for which the levy was 
made.  
    Sec. 27.  [DRAINAGE SYSTEM REPORT.] 
    Drainage authorities in the metropolitan area shall 
inventory and evaluate public ditches under their jurisdiction, 
prepare a report describing the general condition of the public 
ditch following the criteria under Minnesota Statutes, section 
106A.015, and submit the report to the board of water and soil 
resources by July 1, 1992.  The board shall provide guidance and 
technical assistance to the drainage authorities in meeting this 
requirement. 
    Sec. 28.  [COOPERATION IN PLANNING.] 
    The council shall establish an advisory water quality 
management task force to assist the council in the plans and 
recommendations required by section 5.  The council and the 
board shall coordinate agency activities and technical 
assistance to watershed management organizations and local 
governments to achieve the maximum benefit from staff resources. 
    Sec. 29.  [APPLICATION.] 
    Sections 5 to 28 apply in the counties of Anoka, Carver, 
Dakota, Hennepin, Ramsey, Scott, and Washington. 
     Sec. 30.  [APPROPRIATION.] 
    $57,000 previously appropriated from the general fund to 
the board of water and soil resources for fiscal year 1991, 
including appropriations in Laws 1989, chapters 269, section 9; 
and 326, article 10, section 1, subdivision 4, either for 
administrative costs or for grants, is available to be used to 
carry out this act.  
    Sec 31.  [EFFECTIVE DATE.] 
    Sections 9, subdivisions 2 and 4; and 19, are effective 
July 1, 1992.  Section 22 is effective for taxes levied in 1989, 
payable in 1990, and subsequent years. 
    Presented to the governor April 28, 1990 
    Signed by the governor May 3, 1990, 5:49 p.m.