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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 184-H.F.No. 1238 
                  An act relating to waters; planning, development, 
                  review, reporting, and coordination of surface and 
                  groundwater management in the metropolitan area; 
                  amending Minnesota Statutes 1994, sections 103B.205, 
                  by adding a subdivision; 103B.211, subdivision 1; 
                  103B.231, subdivisions 3, 4, 6, 7, 8, 9, 11, and by 
                  adding a subdivision; 103B.235, subdivision 3; 
                  103B.241, subdivision 1; 103B.245, subdivisions 1 and 
                  4; 103B.251, subdivisions 3 and 7; 103B.255, 
                  subdivisions 6, 7, 8, 9, 10, and 12; 103B.311, 
                  subdivisions 4 and 6; 103B.3369, subdivisions 5 and 6; 
                  103B.355; and 103B.611, subdivisions 1 and 2; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 103B; repealing Minnesota Statutes 1994, 
                  sections 103B.227, subdivision 6; 103B.231, 
                  subdivisions 5 and 12; and 103B.3365. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 103B.205, is 
        amended by adding a subdivision to read: 
           Subd. 10b.  [STATE REVIEW AGENCIES.] "State review agencies"
        means the commissioners of natural resources, the pollution 
        control agency, agriculture, and health. 
           Sec. 2.  Minnesota Statutes 1994, 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.231; and 
           (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 
        budget; 
           (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. 3.  Minnesota Statutes 1994, section 103B.231, 
        subdivision 3, is amended to read: 
           Subd. 3.  [RESPONSIBLE UNITS.] (a) Where a watershed 
        management organization exists, the plan for the watershed must 
        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 103B.211 to 103B.255.  
           (c) 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 103D provided, however, that a district 
        established pursuant to a petition: is terminated or the board 
        of water and soil resources determines a plan is not being 
        implemented the county or counties shall petition for the 
        establishment of a watershed district under chapter 103D. 
           (1) may not cross a primary river or a river forming the 
        boundary between a metropolitan county and a county outside the 
        metropolitan area; and 
           (2) must have boundaries that are based upon negotiations 
        among all local government units that may have territory within 
        the district and adjacent watersheds; and 
           (3) may not cross county boundaries to include territory 
        whose distinguishing characteristic is multiple drainage points 
        into a primary river.  
           (d) A watershed management organization may request a 
        county to prepare all or part of a plan.  
           (e) A county may delegate the preparation of all or part of 
        a plan to the county soil and water conservation district.  
           (f) 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.  
           (g) If the board of water and soil resources determines 
        that a watershed management organization or county has not 
        developed a draft plan, 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; and 
           (4) the board may request state agencies to withhold 
        portions of state aid funding used for the installation of curb 
        and gutter and other drainage facilities of public 
        transportation projects 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. 
           (h) Appeals from the board of water and soil resources 
        determination are made in the same manner as appeals under 
        section 103B.345, subdivision 5. 
           Sec. 4.  Minnesota Statutes 1994, section 103B.231, is 
        amended by adding a subdivision 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 shall 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 water quality goals and priorities. 
           (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) Upon notification from the board of water and soil 
        resources that a revision of a plan is required, a watershed 
        management organization shall have 24 months from the date of 
        notification to revise and submit a plan for review. 
           (e) 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 approved. 
           (f) A one-year extension to submit a revised plan may be 
        granted by the board. 
           (g) 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. 5.  Minnesota Statutes 1994, 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 
        through the year 1990 or any later year that is evenly divisible 
        by five 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 updated before the expiration of the 
        period covered by the plan.  The plan must be reviewed for 
        consistency with an adopted county groundwater plan, and revised 
        as necessary, whenever the watershed plan undergoes substantial 
        revision or updating.  In counties that adopt or amend 
        groundwater plans within five years following August 1, 1987, 
        watershed plans must be reviewed for consistency with the county 
        groundwater plan, and revised as necessary, not later than six 
        years following August 1, 1987.  In counties that adopt or amend 
        groundwater plans after five years following August 1, 1987, 
        watershed plans must be reviewed for consistency with the county 
        groundwater plan, and revised as necessary, not later than one 
        year following the adoption or amendment of the groundwater plan 
        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; 
        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 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) The plan shall be prepared and submitted for review 
        under subdivision 7 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 103B.205 to 103B.255.  Existing or 
        amended plans of a watershed management organization which meet 
        the requirements of sections 103B.205 to 103B.255 may be 
        submitted for review under subdivision 7.  
           (f) (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. 6.  Minnesota Statutes 1994, section 103B.231, 
        subdivision 6, is amended to read: 
           Subd. 6.  [CONTENTS.] (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, water quality, and 
        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 units; 
           (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 a procedure 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, stormwater 
        retention, and wetland protection ordinances in the metropolitan 
        area.  
           Sec. 7.  Minnesota Statutes 1994, section 103B.231, 
        subdivision 7, is amended to read: 
           Subd. 7.  [LOCAL REVIEW OF THE DRAFT PLAN.] (a) Upon 
        completion of the plan but before final adoption by the 
        organization, the organization must submit the draft plan for a 
        60-day review and comment period to all counties, the 
        metropolitan council, the state review agencies, the board of 
        water and soil resources, soil and water conservation districts, 
        towns, and statutory and home rule charter cities having 
        territory within the watershed.  A local government unit that 
        expects that substantial amendment of its local comprehensive 
        plan will be necessary to bring local water management into 
        conformance with the watershed plan must describe as 
        specifically as possible, within its comments, the amendments to 
        the local plan that it expects will be necessary.  If the county 
        has a groundwater plan, the county must review and comment on 
        the consistency of the watershed plan with the county 
        groundwater plan.  Differences among local governmental agencies 
        regarding the plan must be mediated.  Notwithstanding sections 
        103D.401, 103D.405, 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. 
           (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 watershed management organization must respond 
        in writing to any concerns expressed by the review agencies 
        within 30 days of receipt thereof. 
           (c) The watershed management organization must hold a 
        public hearing on the draft plan no sooner than 30 days and no 
        later than 45 days after the 60-day review period of the draft 
        plan.  The county board or boards of the affected counties shall 
        approve or disapprove projects in the capital improvement 
        program which may require the provision of county funds pursuant 
        to section 103B.251 or 103D.901, subdivision 2.  The Each county 
        has 60 days up until the date of the public hearing on the draft 
        plan 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 board 
        of water and soil resources for review pursuant to subdivision 9.
           Sec. 8.  Minnesota Statutes 1994, section 103B.231, 
        subdivision 8, is amended to read: 
           Subd. 8.  [REVIEW BY METROPOLITAN COUNCIL AND STATE REVIEW 
        AGENCIES.] After completion of the review under subdivision 7, 
        the draft plan and, any amendments thereto, all written comments 
        received on the plan, a record of the public hearing, and a 
        summary of changes incorporated as a result of the review 
        process shall be submitted to the metropolitan council, the 
        state review agencies, and the board of water and soil resources 
        for final review.  Notwithstanding any provision to the contrary 
        in sections 103D.401, 103D.405, 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.  The state review 
        agencies shall review and comment on the consistency of the plan 
        with state laws and rules relating to water and related land 
        resources.  The state review agencies shall forward their 
        comments within 45 days after they receive the final review 
        draft of the plan to the board.  A state review agency may 
        request and receive up to a 30-day extension of this review 
        period from the board. 
           Sec. 9.  Minnesota Statutes 1994, section 103B.231, 
        subdivision 9, is amended to read: 
           Subd. 9.  [REVIEW BY STATE AGENCIES APPROVAL BY THE BOARD.] 
        After completion of the review under subdivision 8, the plan and 
        all comments received shall be submitted to the commissioners of 
        natural resources, health, and 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 board of water and soil resources for review under 
        sections 103D.401 and 103D.405.  Except as otherwise provided in 
        this subdivision, the board of water and soil resources shall 
        review the plan as provided in sections 103D.401 and 103D.405.  
        The board shall review the plan for conformance with the 
        requirements of sections 103B.205 to 103B.255, and chapter 
        103D.  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 sections 103B.205 to 103B.255, and 
        chapter 103D.  If the capital improvement program is the subject 
        of a dispute between counties, the board of water and soil 
        resources shall make a final decision on the issue.  The 
        decision shall be binding on the organization and the counties 
        involved.  The board shall complete its review under this 
        section within 90 days. 
           Sec. 10.  Minnesota Statutes 1994, section 103B.231, 
        subdivision 11, is amended to read: 
           Subd. 11.  [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 the 
        metropolitan council, the state review agencies, and the board 
        of water and soil resources for review in accordance with the 
        provisions of subdivisions 7, 8, and 9.  Amendments necessary to 
        revise the plan to be consistent with the county groundwater 
        plan, as required by subdivision 4, must be submitted for review 
        in accordance with subdivisions 7, 8, and 9.  Minor amendments 
        to a plan shall be reviewed in accordance with standards 
        prescribed in the watershed management plan.  
           Sec. 11.  Minnesota Statutes 1994, section 103B.235, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REVIEW.] After consideration but before adoption 
        by the governing body, each local unit shall submit its water 
        management plan to the watershed management organization for 
        review for consistency with the watershed plan adopted pursuant 
        to section 103B.231.  If the county or counties having territory 
        within the local unit have a state-approved and locally adopted 
        groundwater plan, the local unit shall submit its plan to the 
        county or counties for review.  The county or counties have 45 
        days to review and comment on the plan.  The organization shall 
        approve or disapprove the local plan or parts of the plan.  The 
        organization shall have 60 days to complete its review.  If the 
        organization fails to complete its review within the prescribed 
        period, the local plan shall be deemed approved unless an 
        extension is agreed to by the local unit.  
           Sec. 12.  Minnesota Statutes 1994, section 103B.241, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [WATERSHED PLANS AND PROJECTS.] A levy to 
        pay the increased costs to Notwithstanding chapter 103D, a local 
        government unit or watershed management organization of 
        implementing sections 103B.231 and 103B.235 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.  Notwithstanding any provision to the 
        contrary in chapter 103D, a watershed district may levy a tax 
        sufficient to pay the increased costs to the district of 
        implementing sections 103B.231 and 103B.235 may levy a tax to 
        pay the increased costs of preparing a plan under sections 
        103B.231 and 103B.235 or for projects identified in an approved 
        and adopted plan necessary to implement the purposes of section 
        103B.201.  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.  
           Sec. 13.  Minnesota Statutes 1994, section 103B.245, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [WATERSHED MANAGEMENT TAX DISTRICT.] (a) 
        Any local government unit planning for water management under 
        sections 103B.231 and 103B.235 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 103B.231 and 103B.235.  
           (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 103B.231 and which has a local water 
        management plan adopted in accordance with section 103B.235 may 
        establish a watershed management tax district in the territory 
        within the watershed or a 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 103B.231, 
        subdivision 3, 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 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.  
           (d) Notification of new watershed management tax districts 
        established under this subdivision must be made to the county 
        auditor by July 1 in order to be effective for taxes payable in 
        the following year. 
           Sec. 14.  Minnesota Statutes 1994, section 103B.245, 
        subdivision 4, is amended to read: 
           Subd. 4.  [BONDS.] After adoption of the ordinance under 
        subdivision 2, and after a contract for the construction of all 
        or part of an improvement has been entered into or the work has 
        been ordered done by day labor, the local government unit may 
        issue obligations in the amount it deems necessary to pay in 
        whole or in part the capital cost incurred and estimated to be 
        incurred in making the improvement project.  The obligations 
        shall be payable out of the proceeds of the tax levied pursuant 
        to subdivision 3.  The local unit may by resolution of its 
        governing body adopted prior to the sale of obligations pledge 
        the full faith, credit and taxing power of the local unit to 
        assure payment of the principal and interest in the event the 
        proceeds of the tax levy in the district are insufficient to pay 
        principal and interest.  The amount of any taxes which are 
        required to be levied outside of the territory of the tax 
        district or taken from the general funds of the local unit to 
        pay principal and interest on the obligations shall be 
        reimbursed to the local unit from taxes levied within the 
        territory of the tax district.  Obligations shall be issued in 
        accordance with chapter 475, except that an election is not 
        required and the amount of any obligations shall not be included 
        in determining the net indebtedness of the local unit under the 
        provisions of any law or charter limiting indebtedness.  
           Sec. 15.  Minnesota Statutes 1994, section 103B.251, 
        subdivision 3, is amended to read: 
           Subd. 3.  [IMPROVEMENT HEARING NOTICE.] (a) The 
        organization shall then hold a public hearing on the proposed 
        improvement, following publication once each week for two 
        successive weeks before the date of the hearing in a legal 
        newspaper published in the county or counties in which a part or 
        all of the affected waters and lands are located.  The last 
        publication shall occur not more than 30 days nor less than ten 
        days before the hearing.  
           (b) The notice shall state the time and place of hearing, 
        the general nature of the proposed improvement, the estimated 
        cost, and the method by which the cost of the improvement is to 
        be paid, including the cost to be allocated to each county or 
        minor watershed unit under subdivision 5.  The cost must be 
        apportioned according to the benefits received by property in 
        the county.  
           (c) At least ten days before the hearing, notice by mail 
        shall be given to the counties and to each home rule charter or 
        statutory city or town located wholly or partly within the 
        territory of the watershed management organization.  
           (d) Failure to give mailed notice or defects in the notice 
        shall not invalidate the proceedings.  
           Sec. 16.  Minnesota Statutes 1994, section 103B.251, 
        subdivision 7, is amended to read: 
           Subd. 7.  [BONDS.] In order to make the payment required by 
        subdivision 6, the county board of each county may issue general 
        obligation bonds of the county in the amount necessary to pay 
        all or part of the cost of improvements projects certified to 
        the county board or to refund general obligation bonds issued 
        for this purpose.  The bonds shall be sold, issued, and secured 
        in accordance with the provisions of chapter 475 for general 
        obligation bonds, except as otherwise provided in this 
        subdivision.  No election shall be required.  
           Sec. 17.  [103B.252] [EMERGENCY PROJECTS.] 
           Subdivision 1.  [GENERAL AUTHORITY.] Notwithstanding 
        chapter 103D, a local government unit or a watershed management 
        organization which has an approved and adopted plan may 
        undertake and perform emergency projects under this section. 
           Subd. 2.  [DECLARATION OF EMERGENCY.] If the joint powers 
        board, watershed district managers, or local government unit 
        find that conditions exist that present a clear and imminent 
        danger to the health or welfare of the people of the watershed 
        management organization or local government unit, and that to 
        delay action would prejudice the interests of the people of the 
        watershed management organization or local government unit, or 
        would likely cause permanent harm, the joint powers board, 
        watershed district managers, or local government unit may 
        declare the existence of an emergency and designate the 
        location, watershed or subwatershed unit, nature, and extent of 
        the emergency. 
           Subd. 3.  [PROJECT ORDER.] If an emergency has been 
        declared to the extent necessary to protect the interests of the 
        watershed management organization or the local government unit, 
        the joint powers board, watershed district managers, or local 
        government unit may order that the work be done under the 
        direction of the joint powers board, watershed district 
        managers, or local government unit and their engineer, without a 
        contract. 
           Sec. 18.  Minnesota Statutes 1994, section 103B.255, 
        subdivision 6, is amended to read: 
           Subd. 6.  [GENERAL STANDARDS.] (a) The groundwater plan 
        must specify the period covered by the plan and must extend 
        through the year 1995 or any later year that is evenly divisible 
        by five at least five years but no more than ten years from the 
        date the board approves the plan.  The plan must contain the 
        elements required by subdivision 7.  Each element must 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 groundwater management 
        problems in the county.  
           (b) To the fullest extent possible in a manner consistent 
        with groundwater protection, a county shall make maximum use of 
        existing and available data and studies in preparing the 
        groundwater plan and incorporate into its groundwater 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.  
           Sec. 19.  Minnesota Statutes 1994, section 103B.255, 
        subdivision 7, is amended to read: 
           Subd. 7.  [CONTENTS.] 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, and use; 
           (4) state the goals, objectives, scope, and priorities of 
        groundwater protection in the county; 
           (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 and, guidelines, and official 
        controls for implementation of the plan by watershed management 
        organizations and local units of government; and 
           (8) include a procedure procedures and timelines for 
        amending the groundwater plan. 
           Sec. 20.  Minnesota Statutes 1994, section 103B.255, 
        subdivision 8, is amended to read: 
           Subd. 8.  [LOCAL REVIEW AND COMMENT OF THE DRAFT PLAN.] (a) 
        Upon completion of the groundwater plan but before final 
        adoption by the county, the county shall submit the draft plan 
        for a 60-day review and comment period to adjoining counties, 
        the metropolitan council, the state review agencies, the board 
        of water and soil resources, 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 groundwater 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 groundwater 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.  Notwithstanding sections 
        103D.401, 103D.405, and 473.165, the council shall review the 
        plan in the same manner and with the same authority and effect 
        as provided in section 473.175 for review of the comprehensive 
        plans of local government units.  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 advise the board of 
        water and soil resources on whether the plan conforms with the 
        management objectives stated in the council's water resources 
        plan and shall recommend changes in the plan that would satisfy 
        the council's plan. 
           (b) The county must respond in writing to any concerns 
        expressed by the reviewing agencies within 30 days of receipt 
        thereof. 
           (c) The county shall hold a public hearing on the draft 
        plan no sooner than 30 days and no later than 45 days after the 
        60-day review period of the draft plan. 
           Sec. 21.  Minnesota Statutes 1994, section 103B.255, 
        subdivision 9, is amended to read: 
           Subd. 9.  [REVIEW BY METROPOLITAN COUNCIL AND STATE 
        AGENCIES.] After completion of the review under subdivision 8, 
        the draft plan and, any amendments thereto, all written comments 
        received on the plan, a record of the public hearing, and a 
        summary of changes incorporated as part of the review process 
        must be submitted to the metropolitan council, the state review 
        agencies, and the board of water and soil resources for final 
        review.  Notwithstanding any provision to the contrary in 
        sections 103D.401, 103D.405, 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 groundwater plan and watershed plans.
        If the council finds that significant funding problems, needs, 
        or inequities will result from the groundwater 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.  The state review agencies shall 
        review and comment on the consistency of the plan with state 
        laws and rules relating to water and related land resources.  
        The state review agencies shall forward their comments to the 
        board within 45 days after they receive the final review draft 
        of the plan.  A state review agency may request and receive up 
        to a 30-day extension of this review period from the board. 
           Sec. 22.  Minnesota Statutes 1994, section 103B.255, 
        subdivision 10, is amended to read: 
           Subd. 10.  [REVIEW BY STATE AGENCIES APPROVAL BY THE 
        BOARD.] (a) After completion of the review under subdivision 9, 
        the plan and all comments received must be submitted to the 
        commissioners of natural resources, health, and 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 board of water and soil resources for 
        review under sections 103D.401 and 103D.405.  
           (b) Except as otherwise provided in this subdivision, the 
        board of water and soil resources shall review the plan as 
        provided in section 103D.401.  The board shall review the plan 
        for conformance with the requirements of sections 103B.205 to 
        103B.255, and chapter 103D.  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 sections 103B.205 to 
        103B.255, and chapter 103D.  
           Sec. 23.  Minnesota Statutes 1994, section 103B.255, 
        subdivision 12, is amended to read: 
           Subd. 12.  [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 the 
        metropolitan council, the state review agencies, and the board 
        of water and soil resources for review in accordance with the 
        provisions of subdivisions 8 to 10.  
           Sec. 24.  Minnesota Statutes 1994, section 103B.311, 
        subdivision 4, is amended to read: 
           Subd. 4.  [WATER PLAN REQUIREMENTS.] (a) A comprehensive 
        water plan must: 
           (1) cover the entire area within a county; 
           (2) address water problems in the context of watershed 
        units and groundwater systems; 
           (3) be based upon principles of sound hydrologic management 
        of water, effective environmental protection, and efficient 
        management; 
           (4) be consistent with comprehensive water plans prepared 
        by counties and watershed management organizations wholly or 
        partially within a single watershed unit or groundwater system; 
        and 
           (5) apply to every year through the year 1995 or any later 
        year that is evenly divisible by five and be updated before the 
        period covered expires. the comprehensive water plan must 
        specify the period covered by the comprehensive water plan and 
        must extend at least five years but no more than ten years from 
        the date the board approves the comprehensive water plan.  
        Comprehensive water 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.  A two-year extension of the revision date of a 
        comprehensive water plan may be granted by the board, provided 
        no projects are ordered or commenced during the period of the 
        extension. 
           (b) Existing water and related land resources plans, 
        including plans related to agricultural land preservation 
        programs developed pursuant to chapter 40A, must be fully 
        utilized in preparing the comprehensive water plan.  Duplication 
        of the existing plans is not required.  
           Sec. 25.  Minnesota Statutes 1994, section 103B.311, 
        subdivision 6, is amended to read: 
           Subd. 6.  [SCOPE OF PLANS.] Comprehensive water plans must 
        include: 
           (1) a description of the existing and expected changes to 
        physical environment, land use, and development in the county; 
           (2) available information about the surface water, 
        groundwater, and related land resources in the county, including 
        existing and potential distribution, availability, quality, and 
        use; 
           (3) objectives for future development, use, and 
        conservation of water and related land resources, including 
        objectives that concern water quality and quantity, and 
        sensitive areas, wellhead protection areas, high priority areas 
        for wetland preservation, enhancement, restoration, and 
        establishment, stormwater management for developing areas, and 
        related land use conditions, and a description of actions that 
        will be taken in affected watersheds or groundwater systems to 
        achieve the objectives; 
           (4) a description of potential changes in state programs, 
        policies, and requirements considered important by the county to 
        management of water resources in the county; 
           (5) a description of conflicts between the comprehensive 
        water plan and existing plans of other local units of 
        government; 
           (6) a description of possible conflicts between the 
        comprehensive water plan and existing or proposed comprehensive 
        water plans of other counties in the affected watershed units or 
        groundwater systems; 
           (7) a program for implementation of the plan that is 
        consistent with the plan's management objectives and includes 
        schedules for amending official controls and water and related 
        land resources plans of local units of government to conform 
        with the comprehensive water plan, and the schedule, components, 
        and expected state and local costs of any projects to implement 
        the comprehensive water plan that may be proposed, although this 
        does not mean that projects are required by this section; and 
           (8) a procedure for amending the comprehensive water plan.  
           Sec. 26.  Minnesota Statutes 1994, section 103B.3369, 
        subdivision 5, is amended to read: 
           Subd. 5.  [FINANCIAL ASSISTANCE.] The board may award 
        grants to watershed management organizations in the seven-county 
        metropolitan area or counties only to carry out water resource 
        protection and management programs identified as priorities in 
        comprehensive local water plans.  Grants may be used to employ 
        persons and to obtain and use information necessary to: 
           (1) develop comprehensive local water plans under sections 
        103B.255 and 103B.311 that have not received state funding for 
        water resources planning as provided for in Laws 1987, chapter 
        404, section 30, subdivision 5, clause (a); and 
           (2) revise comprehensive local water plans under section 
        103B.201; and 
           (3) implement comprehensive local water plans.  
        A base grant shall be awarded to a county that levies a water 
        implementation tax at the a rate established under section 
        275.50, subdivision 5, paragraph (z), which shall be determined 
        by the board.  The minimum amount of the water implementation 
        tax shall be a tax rate times the adjusted net tax capacity of 
        the county for the preceding year.  The rate shall be the rate, 
        rounded to the nearest .001 of a percent, that, when applied to 
        the adjusted net tax capacity for all counties, raises the 
        amount of $1,500,000.  The base grant will be in an amount equal 
        to $37,500 less the amount raised by that levy.  If the amount 
        necessary to implement the local water plan for the county is 
        less than $37,500, the amount of the base grant shall be the 
        amount that, when added to the levy amount, equals the amount 
        required to implement the plan.  For counties where the tax rate 
        generates an amount equal to or greater than $18,750, the base 
        grant shall be in an amount equal to $18,750. 
           Sec. 27.  Minnesota Statutes 1994, section 103B.3369, 
        subdivision 6, is amended to read: 
           Subd. 6.  [LIMITATIONS.] (a) Grants provided to implement 
        programs under this section must be reviewed by the state agency 
        having statutory program authority to assure compliance with 
        minimum state standards.  At the request of the state agency 
        commissioner, the board shall revoke the portion of a grant used 
        to support a program not in compliance.  
           (b) Grants provided to develop or revise comprehensive 
        local water plans may not be awarded for a time longer than two 
        years.  
           (c) A county may not request or be awarded grants for 
        project implementation unless a comprehensive water plan has 
        been adopted. 
           Sec. 28.  Minnesota Statutes 1994, section 103B.355, is 
        amended to read: 
           103B.355 [APPLICATION.] 
           Sections 103B.301 to 103B.355 do not apply in areas subject 
        to the requirements of sections 103B.201 to 103B.255 under 
        section 103B.231, subdivision 1, and in areas covered by an 
        agreement entered into by December 31, 1985, under section 
        103B.231, subdivision 2, except as otherwise provided in 
        sections 103B.311, subdivision 4, clause (4); and 103B.315, 
        subdivisions 1, clauses (3) and (4), and 2, clause (b). 
           Sec. 29.  Minnesota Statutes 1994, section 103B.611, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [COMPOSITION.] The district is governed by 
        a board composed of members elected appointed by the governing 
        bodies of the municipalities included in the district.  Each 
        municipality shall elect may appoint one member.  
           Sec. 30.  Minnesota Statutes 1994, section 103B.611, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TERM.] The term of office of each board member 
        is three years unless the appointing municipality recalls the 
        member and either appoints another member for the balance of the 
        term or leaves the office vacant for the balance of the term.  
        This subdivision applies both to members serving on the 
        effective date of this act and to members appointed after the 
        effective date of this act. 
           Sec. 31.  [REVISOR INSTRUCTION.] 
           In the next and subsequent editions of Minnesota Statutes, 
        the revisor of statutes shall renumber section 103B.205, 
        subdivision 10a, as subdivision 10b, and shall renumber section 
        103B.205, subdivision 10b, as subdivision 10a. 
           Sec. 32.  [REPEALER.] 
           Minnesota Statutes 1994, sections 103B.227, subdivision 6; 
        103B.231, subdivisions 5 and 12; and 103B.3365, are repealed. 
           Sec. 33.  [EFFECTIVE DATE.] 
           Under Minnesota Statutes, section 645.023, subdivision 1, 
        clause (a), section 29 takes effect, without local approval, the 
        day following final enactment. 
           Presented to the governor May 16, 1995 
           Signed by the governor May 18, 1995, 3:00 p.m.