Office of the Revisor of Statutes
Minnesota Session Laws - 1995, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 199-H.F.No. 1055
An act relating to waters; eliminating the position of
board of water and soil resources secretary;
increasing board members' compensation; duties of
advisory committees; rule approval procedure;
guidelines for management plans; exemptions from
review; appeals from rules, permit decisions, and
orders; informal dispute resolution; assessment basis;
benefits or damages to state-owned land; property
acquisition procedures; water resource studies and
programs; eminent domain procedure; amending Minnesota
Statutes 1994, sections 103D.101, subdivision 4;
103D.205, subdivisions 1 and 4; 103D.221, subdivision
2; 103D.255, subdivision 1; 103D.261, subdivision 1;
103D.271, subdivisions 2 and 4; 103D.305, subdivision
1; 103D.311, subdivision 4; 103D.315, subdivisions 1,
8, and 11; 103D.321, subdivision 2; 103D.331;
103D.335, subdivisions 5, 6, 11, 13, and by adding a
subdivision; 103D.341, subdivision 2; 103D.351;
103D.401, subdivisions 1 and 2; 103D.405, subdivision
1; 103D.515, subdivision 4; 103D.531; 103D.535,
subdivisions 1, 4, and 5; 103D.537; 103D.611,
subdivisions 1, 4, and 5; 103D.621, subdivision 4;
103D.625, subdivisions 3 and 4; 103D.631, subdivision
2; 103D.635, subdivisions 1 and 3; 103D.705,
subdivision 1; 103D.711, subdivision 2; 103D.715,
subdivisions 3 and 4; 103D.721, subdivisions 2 and 3;
103D.741, subdivision 1; 103D.745, subdivisions 2 and
3; 103D.811, subdivisions 1 and 3; 103D.901,
subdivisions 2, 4, and 5; 103D.905, subdivisions 3 and
5; 103D.921, subdivisions 1 and 3; 103D.925; and
117.011; proposing coding for new law in Minnesota
Statutes, chapter 103D.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. Minnesota Statutes 1994, section 103D.101,
subdivision 4, is amended to read:
Subd. 4. [RECORDS.] The board must keep a record of all
proceedings before it and maintain the record on file the record
with the secretary of the board. Copies of the record may be
obtained on terms and conditions prescribed by the board.
Sec. 2. Minnesota Statutes 1994, section 103D.205,
subdivision 1, is amended to read:
Subdivision 1. [FILING.] To establish a watershed
district, an establishment petition must be filed with the
secretary of the board.
Sec. 3. Minnesota Statutes 1994, section 103D.205,
subdivision 4, is amended to read:
Subd. 4. [FILING ESTABLISHMENT PETITIONS.] The petitioners
must file a copy of the establishment petition with the auditors
of the counties affected by the proposed watershed district, the
commissioner, and the director. The original establishment
petition, with a signed statement of delivery or receipt for
each of the establishment petitions submitted to the auditors of
affected counties, the commissioners, and the directors, must be
filed with the secretary of the board.
Sec. 4. Minnesota Statutes 1994, section 103D.221,
subdivision 2, is amended to read:
Subd. 2. [NOTICE.] (a) The board must give notice of the
establishment hearing by publication in a legal newspaper that
is published in counties affected by the proposed watershed
district. The last publication must occur at least ten days
before the establishment hearing.
(b) The board must give notice of the establishment hearing
by mail to the auditors of counties and to the chief executive
officials of municipalities affected by the proposed watershed
district.
(c) The notice must include:
(1) a statement that an establishment petition has been
filed with the board and auditors of counties affected by the
proposed watershed district;
(2) a general description of the need for the proposed
district, and the purpose of the proposed watershed district's
contemplated improvements, if any;
(3) a general description of the property to be included in
the proposed watershed district;
(4) the date, time, and location of hearing; and
(5) a statement that all persons affected or interested in
the establishment of the proposed watershed district may attend
and give statements at the establishment hearing.
Sec. 5. Minnesota Statutes 1994, section 103D.255,
subdivision 1, is amended to read:
Subdivision 1. [PETITION.] (a) Proceedings to withdraw
territory from an existing watershed district must be initiated
by a petition filed with the secretary of the board.
(b) The required signatures on a petition for withdrawal
are the same as prescribed for an establishment petition, but
the percentages must be calculated only with reference to the
territory that is proposed to be withdrawn from the watershed
district.
(c) The petition must state that:
(1) the territory described has not received or will not
receive any benefits from the operation of the watershed
districts;
(2) the watershed district can perform the functions for
which it was established without the inclusion of the territory;
and
(3) the territory is not, in fact, a part of the watershed.
(d) The petition must request the release of the described
territory from the watershed district.
(e) The petition must be served on the board and any
affected watershed district, and the board shall proceed as
prescribed for an establishment petition. The requirements for
notices and public hearings are as prescribed for the
establishment petition.
Sec. 6. Minnesota Statutes 1994, section 103D.261,
subdivision 1, is amended to read:
Subdivision 1. [PETITION.] (a) Proceedings to enlarge an
existing watershed district must be initiated by a petition
filed with the secretary of the board. The required signatures
on a petition to enlarge are the same as for an establishment
petition, but the percentages must be calculated only with
reference to the territory that is proposed to be added to the
watershed district. The petition must:
(1) state that the area to be added is contiguous to the
existing watershed district;
(2) state that the area can be feasibly administered by the
managers of the existing watershed district;
(3) state reasons why adding the area to the existing
watershed district would be conducive to the public health and
welfare;
(4) include a map of the affected area;
(5) state the name of the proposed enlarged watershed
district, if other than that of the existing watershed district;
and
(6) state a request for the addition of the proposed
territory.
(b) The petition must be served on the board and affected
watershed districts, and the board must proceed as prescribed
for an establishment petition.
(c) The requirement of notice and public hearings is as
prescribed for the establishment petition.
Sec. 7. Minnesota Statutes 1994, section 103D.271,
subdivision 2, is amended to read:
Subd. 2. [INITIATION.] Proceedings for the termination of
a watershed district may only be initiated by filing a
termination petition with the secretary of the board.
Sec. 8. Minnesota Statutes 1994, section 103D.271,
subdivision 4, is amended to read:
Subd. 4. [TERMINATION PETITION.] (a) The termination
petition must be signed by at least 25 percent of the resident
owners residing in the watershed district. The termination
petition must state that the existence of the watershed district
does not benefit the public welfare and public interest and the
watershed district is not needed to accomplish the purposes of
this chapter.
(b) The petitioners must file a copy of the termination
petition with the auditors of the counties affected by the
watershed district. The original termination petition with a
statement signed for delivery or receipt of each of the
termination petitions submitted to the auditors of counties
affected by the watershed district must be filed with the
secretary of the board.
Sec. 9. Minnesota Statutes 1994, section 103D.305,
subdivision 1, is amended to read:
Subdivision 1. [INITIATION.] A proceeding to increase the
number of managers of a watershed district must be initiated by
filing a petition with the secretary of the board.
Sec. 10. Minnesota Statutes 1994, section 103D.311,
subdivision 4, is amended to read:
Subd. 4. [RECORD OF APPOINTED MANAGERS.] A record of all
appointments made under this section must be filed with the
county auditor of each county affected by the watershed
district, the secretary of the board of managers, and the
secretary of the board of water and soil resources.
Sec. 11. Minnesota Statutes 1994, section 103D.315,
subdivision 1, is amended to read:
Subdivision 1. [OATH.] Each manager must take and sign the
oath defined in the Minnesota Constitution, article V, section
6. The signed oath must be filed with the secretary of the
board.
Sec. 12. Minnesota Statutes 1994, section 103D.315,
subdivision 8, is amended to read:
Subd. 8. [COMPENSATION.] The compensation of managers for
meetings and for performance of other necessary duties may not
exceed $50 $55 a day. Managers are entitled to reimbursement
for traveling and other necessary expenses incurred in the
performance of official duties.
Sec. 13. Minnesota Statutes 1994, section 103D.315,
subdivision 11, is amended to read:
Subd. 11. [ADMINISTRATION BYLAWS AND RULES.] The managers
shall adopt bylaws and rules for the administration of the
business and affairs of the watershed district. Rules Bylaws
adopted under this subdivision are not subject to section
103D.341.
Sec. 14. Minnesota Statutes 1994, section 103D.321,
subdivision 2, is amended to read:
Subd. 2. [CHANGE OF PRINCIPAL PLACE OF BUSINESS.] (a) The
managers may initiate a change of the principal place of
business to a different location within the watershed district
by passing a resolution stating the proposed change of
location. After passing the resolution, the managers must set a
time and location for a hearing on the change of the principal
place of business.
(b) The managers must give notice of the hearing by
publication in a legal newspaper, published in the counties
affected by the watershed district, with the last publication
occurring at least ten days before the hearing. Notice of the
hearing must be mailed to the auditors of counties affected by
the watershed district ten days before the hearing. After the
hearing, the managers may, by order, change the place of
business.
(c) The change of the principal place of business of the
watershed district is effective when a certified copy of the
managers' order is filed with the secretary of state and the
secretary of the board.
Sec. 15. Minnesota Statutes 1994, section 103D.331, is
amended to read:
103D.331 [ADVISORY COMMITTEE.]
Subdivision 1. [PURPOSE.] The managers must annually
appoint an advisory committee to advise and assist the managers
on all matters affecting the interests of the watershed district
and make recommendations to the managers on all contemplated
projects and improvements in the watershed district.
Subd. 1a. [DUTIES.] For purposes of carrying out its
duties under this section the advisory committee shall:
(1) elect a chair from its membership;
(2) elect a recorder from its membership;
(3) establish a meeting schedule, which at a minimum meets
annually;
(4) consider issues pertinent to the functions and purposes
of the watershed district;
(5) review and comment on reports, minutes, activities, and
proposed projects of the managers; and
(6) report to the managers the general content of advisory
committee meetings and resulting recommendations.
Subd. 2. [MEMBERS.] (a) The advisory committee consists of
at least five members. If practicable, the advisory committee
members selected must should include a supervisor of
a representative from each soil and water conservation district,
a member of a representative of each county board, a member of a
sporting organization, and a member of a farm organization.
Other advisory committee members may be appointed at the
discretion of the managers. The members must be residents of
the watershed district, except representatives from soil and
water conservation districts and counties, and serve at the
pleasure of the managers.
(b) In addition, the managers may appoint other interested
and technical persons who may or may not reside within the
watershed district to serve at the pleasure of the managers.
Subd. 3. [EXPENSE REIMBURSEMENT.] The managers may
reimburse members of the advisory committee for actual traveling
and other necessary expenses incurred in the performance of
duties in the amount as provided for state employees.
Sec. 16. Minnesota Statutes 1994, section 103D.335,
subdivision 5, is amended to read:
Subd. 5. [DATA ACQUISITION.] The managers may:
(1) make necessary surveys or use other reliable surveys
and data and develop projects and programs to acquire data to
accomplish the purposes for which the watershed district is
organized; and
(2) establish and maintain devices for acquiring and
recording hydrological and water quality data.
Sec. 17. Minnesota Statutes 1994, section 103D.335,
subdivision 6, is amended to read:
Subd. 6. [PROJECTS NOT REQUIRING A PETITION.] The managers
may initiate, undertake, and construct implement projects not
required to be instituted by a petition under section 103D.701.
Sec. 18. Minnesota Statutes 1994, section 103D.335,
subdivision 11, is amended to read:
Subd. 11. [ACQUISITION OF PROPERTY.] The managers may
acquire by gift, purchase, taking under the procedures of this
chapter, or by the right of eminent domain, necessary real and
personal property. The watershed district may acquire property
outside the watershed district where necessary for a water
supply system.
Sec. 19. Minnesota Statutes 1994, section 103D.335,
subdivision 13, is amended to read:
Subd. 13. [CONSTRUCTION OR IMPLEMENTATION CONTRACTS.] The
managers may enter into contracts of construction or
implementation authorized by this chapter.
Sec. 20. Minnesota Statutes 1994, section 103D.335, is
amended by adding a subdivision to read:
Subd. 25. [WATER RESOURCE MANAGEMENT ACTIVITIES.] The
managers may conduct studies and monitoring of water resources
within the watershed district and implement water resource
management programs.
Sec. 21. Minnesota Statutes 1994, section 103D.341,
subdivision 2, is amended to read:
Subd. 2. [PROCEDURE.] (a) Rules of the watershed district
must be adopted or amended by a majority vote of the managers,
after public notice and hearing. Rules must be signed by the
secretary of the board of managers and recorded in the board of
managers' official minute book.
(b) Prior to adoption, the proposed rule or amendment to
the rule must be submitted to the board for review and comment.
The board's review shall be considered advisory. The board
shall have 45 days from receipt of the proposed rule or
amendment to the rule to provide its comments in writing to the
watershed district.
(c) For each county affected by the watershed district, the
managers must publish a notice of hearings and adopted rules in
one or more legal newspapers published in the county and
generally circulated in the watershed district. The managers
must file adopted rules with the county recorder of each county
affected by the watershed district and the board.
(c) (d) The managers must mail a copy of the rules to the
governing body of each municipality affected by the watershed
district.
Sec. 22. Minnesota Statutes 1994, section 103D.351, is
amended to read:
103D.351 [ANNUAL REPORT.]
(a) The managers must prepare a yearly report of the
financial conditions of the watershed district, the status of
all projects, the business transacted by the watershed district,
other matters affecting the interests of the watershed district,
and a discussion of the managers' plans for the succeeding year.
(b) Copies of the report must be transmitted to the
secretary of the board of water and soil resources, the
commissioner, and the director within a reasonable time.
Sec. 23. Minnesota Statutes 1994, section 103D.401,
subdivision 1, is amended to read:
Subdivision 1. [CONTENTS.] (a) The managers must adopt a
watershed management plan for any or all of the purposes for
which a watershed district may be established. The watershed
management plan must give a narrative description of existing
water and water-related problems within the watershed district,
possible solutions to the problems, and the general objectives
of the watershed district. The watershed management plan must
also conform closely with watershed management plan guidelines
as adopted and amended from time to time by the board of water
and soil resources.
(b) The watershed management plan may include a separate
section on proposed projects. If the watershed district is
within the metropolitan area, the separate section of proposed
projects or petitions for projects to be undertaken according to
the watershed management plan is a comprehensive plan of the
watershed district for purposes of review by the metropolitan
council under section 473.165.
Sec. 24. Minnesota Statutes 1994, section 103D.401,
subdivision 2, is amended to read:
Subd. 2. [REVIEW.] The managers must send a copy of the
proposed watershed management plan to the county auditor of each
county affected by the watershed district, the secretary of the
board, the commissioner, the director, the governing body of
each municipality affected by the watershed district, and soil
and water conservation districts affected by the watershed
district. For a watershed district within the metropolitan
area, a copy of the proposed watershed management plan must also
be submitted to the metropolitan council.
Sec. 25. Minnesota Statutes 1994, section 103D.405,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS.] (a) The managers and the
board must revise the watershed management plan for the
watershed district at least once every ten years after the
original watershed management plan is approved. The revised
watershed management plan of the district must conform closely
with adopted watershed management plan guidelines of the board
of water and soil resources.
(b) The managers must consider inclusion of at least
include the following items in the revised watershed management
plan:
(1) updates and supplements of the existing hydrological
and other statistical data of the watershed district;
(2) specific projects and programs to be completed
considered for implementation;
(3) a statement of the extent that the purposes for which
the watershed district had been established have been
accomplished;
(4) a description of problems requiring future action by
the watershed district;
(5) a summary of completed studies on active or planned
projects, including financial data; and
(6) an analysis of the effectiveness of the watershed
district's rules and permits in achieving its water management
objectives in the watershed district.
(c) A revised watershed management plan must be
transmitted, reviewed, recommended, and approved as provided in
subdivisions 2 to 4 and 6.
Sec. 26. Minnesota Statutes 1994, section 103D.515,
subdivision 4, is amended to read:
Subd. 4. [APPROVAL OF RIGHTS TRANSFER.] Leases,
assignments, permits, or contracts for the use of water shall be
entered into only after the managers have reported to the board
the terms and conditions of the lease, permit, or contract
relative to the use of any watershed district property. The
secretary of the board shall give notice of the contract to all
parties interested, by mail, and shall have notice of the
application published. The notice must state the purpose of the
application and the time and place of hearing on it. At the
time of hearing the board shall hear all interested persons for
or against the proposed contract and make an order accordingly
on conditions and restrictions necessary to protect the interest
of the watershed district and of the public.
Sec. 27. Minnesota Statutes 1994, section 103D.531, is
amended to read:
103D.531 [CONTINUANCE OF HEARINGS.]
If an order has been made and notice given for a hearing in
a proceeding under this chapter, and the board, managers, or
court fail to appear at the time and place specified, the
secretary of the board or the managers, or the court
administrator of the district court shall continue the hearing
to another date as necessary and notify the board, managers, or
the court of the continuance and the date of hearing. The
matter shall be continued to that date without affecting the
jurisdiction of the board, the managers, or the court.
Sec. 28. Minnesota Statutes 1994, section 103D.535,
subdivision 1, is amended to read:
Subdivision 1. [WHAT CAN BE APPEALED.] (a) Any party alone
or jointly may appeal to the district court or to the board an
order of the managers made in a proceeding relating to a project
and entered in the watershed district's record that determines:
(1) the amount of benefits determined;
(2) the amount of damages allowed;
(3) the allowance of fees or expenses in any proceedings;
(4) a matter in the proceeding that affects a substantial
right; or
(5) an order of the managers authorizing or refusing to
establish a project in whole or in part.
(b) Actions of the managers that do not relate to projects,
including actions related to permits and actions to enforce
watershed district rules, are not reviewable under this section.
(c) Projects initiated and financed by watershed districts,
wholly within the metropolitan area, under a state-approved and
locally adopted surface water management plan under section
103B.201 are not reviewable under this section.
Sec. 29. Minnesota Statutes 1994, section 103D.535,
subdivision 4, is amended to read:
Subd. 4. [APPEALS CAN INVOLVE PROPERTY OTHER THAN
APPELLANT'S OWN.] (a) A person or political subdivision
appealing the amount of benefits or damages may include and have
considered and determined benefits or damages affecting property
other than that person's or political subdivision's own property.
(b) Notice of the appeal must be served on:
(1) the owner or occupant of the property not owned by the
appellant or on the attorney who represented the other owner in
the proceedings;
(2) the auditor of the county where the property is
located; and
(3) on the court administrator of the district court of the
county where the principal place of business of the watershed
district is located, or on the secretary of the board.
Sec. 30. Minnesota Statutes 1994, section 103D.535,
subdivision 5, is amended to read:
Subd. 5. [NOTICE OF APPEAL.] (a) Before the appeal is
heard by the court or board, the appellant must file a notice of
appeal with the court administrator of the district court or the
secretary of the board. The appeal must:
(1) be filed within 30 days of the date of the final order;
(2) state the grounds upon which the appeal is taken; and
(3) be accompanied by an appeal bond of at least $250 to
the watershed district where the property is located.
(b) The bond must be approved by the court administrator of
the district court or the secretary of the board where the
appeal is filed. The bond must be conditioned that the
appellant will:
(1) make the appeal;
(2) pay all costs and disbursements that may be adjudged
against the appellant; and
(3) comply with the order of the court or of the board
where the appeal is filed.
Sec. 31. Minnesota Statutes 1994, section 103D.537, is
amended to read:
103D.537 [APPEALS OF RULES, PERMIT DECISIONS, AND ORDERS
NOT INVOLVING PROJECTS.]
(a) Except as provided in section 103D.535, an interested
party may appeal a rule, permit decision, or order made by the
managers by a declaratory judgment action brought under chapter
555 or by appeal to the board. An interested party may appeal a
rule made by the managers by a declaratory judgment action
brought under chapter 555 or by appeal to the board. The
decision on appeal must be based on the record made in the
proceeding before the managers. An appeal of a permit
decision or order must be filed within 30 days of the managers'
decision.
(b) By January 1, 1993 1997, the board shall adopt rules
governing appeals to the board under paragraph (a). A decision
of the board on appeal is subject to judicial review under
sections 14.63 to 14.69.
Sec. 32. [103D.539] [INFORMAL RESOLUTION OF DISPUTES.]
An interested party may request a meeting with the dispute
resolution committee of the board of water and soil resources to
informally resolve a dispute before initiating a declaratory
judgment action or an appeal under sections 103D.535 and
103D.537.
Sec. 33. Minnesota Statutes 1994, section 103D.611,
subdivision 1, is amended to read:
Subdivision 1. [PROJECT PLAN TO DIRECTOR AND BOARD.] If a
project is to be constructed within the watershed district under
a contract between the watershed district and the state or the
federal government, and the cost of construction or
implementation is to be paid by the governmental agency but the
rights-of-way, legal, and general expenses of the improvement
are to be paid by the watershed district, the managers shall
forward a copy of the project plan to the board and the
director. The director shall prepare a director's advisory
report and the board shall prepare a board's advisory report.
Sec. 34. Minnesota Statutes 1994, section 103D.611,
subdivision 4, is amended to read:
Subd. 4. [APPRAISAL.] (a) After authorizing the project,
the managers shall appoint three disinterested resident owners
of the state to act as appraisers.
(b) After the appraisers sign an oath to faithfully and
impartially perform their duties, they shall, with or without
the engineer, determine the benefits and damages to property
affected by the proposed project. The appraisers shall make a
detailed statement and file the statement with the managers
showing:
(1) the actual damages that have resulted or will result to
individuals, property, or corporations from the construction or
implementation of the project; and
(2) a list of property, including highways and
corporations, receiving actual benefits by way of drainage,
control of flood waters, or other means authorized in this
chapter.
Sec. 35. Minnesota Statutes 1994, section 103D.611,
subdivision 5, is amended to read:
Subd. 5. [HEARING ON APPRAISERS' REPORT.] (a) After the
appraisers' report and the plans and engineering data prepared
by the governmental agency are filed with the managers, the
managers shall prepare a detailed statement of all costs,
including damages, to be incurred by the watershed district in
construction or implementation of the project.
(b) The managers shall order a time and place within the
watershed district for a hearing on the appraisers' report by 35
days after the detailed statement of costs is prepared. The
managers shall give notice by publication and mailing as
provided in subdivision 1 for a hearing on a petition. At the
time and place specified in the notice, the managers shall hear
all parties interested for and against confirming the
appraisers' report.
(c) The managers may order and direct the modification of
the assessment of benefits and damages, and amend or change the
list of properties reported as benefited or damaged. If the
amended reports include property not included in the original
report, the managers shall adjourn and publish and mail in the
manner for the original notice, the proper notice concerning the
property not included in the previous notice.
(d) If upon full hearing the managers find that the
benefits resulting from the construction or implementation will
be greater than the assessments including damages they shall
confirm the appraisers' report.
(e) Persons or political subdivisions affected by the order
may appeal the order under this chapter.
Sec. 36. Minnesota Statutes 1994, section 103D.621,
subdivision 4, is amended to read:
Subd. 4. [ALTERNATIVE POWER.] With the concurrence of the
governing bodies of the cities and the town boards of the towns
where the drainage system is located, the managers may improve
and repair a drainage system under the power granted to them in
this chapter notwithstanding any provision of chapter 103E.
Sec. 37. Minnesota Statutes 1994, section 103D.625,
subdivision 3, is amended to read:
Subd. 3. [PROCEDURE FOR REPAIR OR IMPROVEMENT.] After the
transfer is ordered, all proceedings for repair and maintenance
must conform to chapter 103E, except for repairs and maintenance
done pursuant to section 103D.621, subdivision 4.
Sec. 38. Minnesota Statutes 1994, section 103D.625,
subdivision 4, is amended to read:
Subd. 4. [CONSTRUCTION OR IMPROVEMENT.] Construction of
new drainage systems or improvements of existing drainage
systems in the watershed district must be initiated by filing a
petition with the managers. The proceedings for the
construction or improvement of drainage systems in the watershed
district must conform to chapter 103E, except for repairs and
maintenance done pursuant to section 103D.621, subdivision 4.
Sec. 39. Minnesota Statutes 1994, section 103D.631,
subdivision 2, is amended to read:
Subd. 2. [MAINTENANCE FUND.] (a) The cost of normal or
routine maintenance of the projects of the watershed district,
and the cost of removing obstructions and accumulations of
foreign substances from a drainage system, shall be paid from
the maintenance fund on the order of the managers.
(b) The managers may assess all the parcels of property and
municipal corporations previously assessed for benefits in
proceedings for the construction or implementation of the
project, to establish a maintenance fund for the project. The
assessment must be made pro rata according to benefits
determined. An assessment for the benefit of the maintenance
fund may not be made when the fund exceeds 20 percent of the
original cost of construction or implementation of the project.
The auditors of the affected counties shall file a tabular lien
statement covering the assessment in the office of the county
recorder for the county when the assessment order from the
managers is received.
(c) The assessment shall be collected as provided in the
order in the same manner as provided in section 103E.731.
(d) Before ordering the levy of an assessment for the
benefit of the maintenance fund, the managers may give notice of
a hearing on making the assessment and establishing the
maintenance fund.
Sec. 40. Minnesota Statutes 1994, section 103D.635,
subdivision 1, is amended to read:
Subdivision 1. [TECHNICAL AND COST SPECIFICATIONS.] The
managers shall order the engineer to prepare and submit to the
managers technical and cost specifications on the work necessary
to restore or improve the project to the desired level of
operating efficiency before ordering repairs other than normal
and routine maintenance if the engineer certifies to the
managers, in the annual report or otherwise, that:
(1) a project of the watershed district is in such a state
of disrepair that the project cannot be restored by normal and
routine maintenance to the same condition as when it was
originally constructed or subsequently improved;
(2) a ditch or channel must be widened or deepened; or
(3) a project of the watershed district must be altered or
improved to attain the level of operating efficiency
contemplated at the time of the original construction or
implementation.
Sec. 41. Minnesota Statutes 1994, section 103D.635,
subdivision 3, is amended to read:
Subd. 3. [ASSESSMENT.] (a) The managers may order the
repair or improvement and assess the cost against the benefited
properties if, after a hearing, the managers find that the
repair or improvement is in compliance with the plan, is
necessary to accomplish the purposes of this chapter, and that
the cost of the repair or improvement will not exceed its
benefits. The cost of the repair or improvement shall be
apportioned and assessed pro rata upon all property that was
assessed for the construction or implementation of the project.
(b) A single levy for the repair or improvement may not
exceed the amount of benefits originally determined. The
managers shall file a copy of the order for levy with the
auditor of each affected county. The auditor shall extend the
levy against affected properties as in proceedings for the levy,
assessment, and collection of assessments in drainage
proceedings conducted under sections 103E.601 to 103E.631.
Sec. 42. Minnesota Statutes 1994, section 103D.705,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS.] A project within the
watershed district that generally conforms with the watershed
management plan may be initiated by a project petition. A
project petition must contain:
(1) a description of the proposed project and the purpose
to be accomplished;
(2) a description of the property where the proposed
project passes over or is located;
(3) a general description of the part of the watershed
district that will be affected, if less than the entire
watershed district;
(4) the necessity for the proposed project;
(5) a statement that the proposed project will be conducive
to public health, convenience, and welfare; and
(6) a statement that the petitioners will pay all costs and
expenses that may be incurred if the proceedings are dismissed
or a construction or implementation contract is not awarded for
the proposed project.
Sec. 43. Minnesota Statutes 1994, section 103D.711,
subdivision 2, is amended to read:
Subd. 2. [REQUIREMENTS.] (a) The engineer's report must
include findings and recommendations about the proposed
project. If the engineer finds the improvement project
feasible, the engineer must provide a plan of the proposed
project as part of the report. The plan must include:
(1) a map of the project area to be improved, drawn to
scale, showing the location of the proposed improvements, if
any;
(2) the estimated total cost of completing the project
including construction, operation, implementation, supervision,
and administrative costs;
(3) the acreage required as right-of-way listed by each lot
and 40-acre tract or fraction of the lot or tract under separate
ownership, if required to implement the project; and
(4) other details and information to inform the managers of
the practicability and necessity of the proposed project with
the engineer's recommendations on these matters.
(b) The map of the area must include:
(1) the location and adequacy of the outlet, if the project
is related to drainage;
(2) the watershed of the project area;
(3) the location of existing highways, bridges, and
culverts;
(4) the property, highways, and utilities affected by the
project with the names of the known property owners;
(5) the location of public land and water affected by the
project; and
(6) other physical characteristics of the watershed
necessary to understand the area.
Sec. 44. Minnesota Statutes 1994, section 103D.715,
subdivision 3, is amended to read:
Subd. 3. [DUTIES.] The appraisers shall with or without
the engineer determine the benefits and damages to property
affected by the proposed project, including property owned by
the state or a state agency, highways, and other property likely
to be affected by the proposed project or that may be used or
taken for construction, implementation, or maintenance.
Sec. 45. Minnesota Statutes 1994, section 103D.715,
subdivision 4, is amended to read:
Subd. 4. [BENEFITS AND DAMAGES TO STATE LAND.] For all
watershed district projects, benefits and damages to property
owned by the state or a state agency, held and used for the
purposes described in sections 103E.025 and 103E.315,
subdivision 1, must be determined as using the procedure
provided in sections 103E.025 and 103E.315, subdivision 1, as
they are applicable. If a state permit is required from the
commissioner to construct the project, state land may not be
taken, damaged, or benefited until the permit is issued.
Sec. 46. Minnesota Statutes 1994, section 103D.721,
subdivision 2, is amended to read:
Subd. 2. [DETERMINATION.] After the engineer's report is
filed, the managers, with the assistance of the engineer, shall
determine the benefits or damages to the property affected by
the proposed project, including property owned by the state or a
state agency, highways, and other property likely to be affected
by the proposed improvement or that may be used or taken for
construction, implementation, or maintenance.
Sec. 47. Minnesota Statutes 1994, section 103D.721,
subdivision 3, is amended to read:
Subd. 3. [STATE PROPERTY.] For all watershed district
projects, benefits and damages to property owned by the state or
a state agency that is held and used for the purposes described
in sections 103E.025 and 103E.315, subdivision 1, shall be
determined as using the procedure provided in sections 103E.025
and 103E.315, subdivision 1, as they are applicable. If a state
permit is required from the commissioner to construct the
project, state land may not be taken, damaged, or benefited
until the permit is issued.
Sec. 48. Minnesota Statutes 1994, section 103D.741,
subdivision 1, is amended to read:
Subdivision 1. [PUBLISHED FINAL HEARING NOTICE.] The
managers shall give notice by publication of the final hearing.
The final hearing notice must contain:
(1) a statement of the pendency of the petition or
resolution;
(2) the time and place for hearing;
(3) a statement that the engineer's report and appraisers'
report, including the plans, have been filed with the managers
and are subject to inspection;
(4) a brief description of the proposed project;
(5) a description of the properties benefited or damaged,
the names of the owners of the properties, the public and other
corporations affected by the project as shown by the engineer's
report and appraisers' report or may include a map of the
affected area in lieu of the names of the owners and of the
descriptions of the properties affected by the project; and
(6) a statement requiring all parties interested in the
proposed project to appear before the managers at the time and
place designated in the final hearing notice to present
objections, and to show why an order should not be made by the
managers granting the petition, confirming the reports of the
engineer and appraisers, and ordering the establishment and
construction or implementation of the project.
Sec. 49. Minnesota Statutes 1994, section 103D.745,
subdivision 2, is amended to read:
Subd. 2. [MODIFICATION OF REPORTS.] (a) The managers may
order and direct the modification of:
(1) the engineer's report within the scope of the watershed
management plan for the watershed district;
(2) the assessment of benefits and damages; and
(3) amendment or change of the list of property reported as
assessable for construction or implementation and maintenance.
(b) If the amended engineer's report and appraisers' report
includes property not included in the original reports, the
managers shall adjourn the hearing and have an amended notice
published and mailed with the proper reference to all property
as amended by the managers.
Sec. 50. Minnesota Statutes 1994, section 103D.745,
subdivision 3, is amended to read:
Subd. 3. [ESTABLISHMENT OF PROJECT.] (a) The managers
shall make findings, order and direct construction or
implementation of the project, and confirm the engineer's report
and the findings of the appraisers and the appraisers' report
if, at the end of the final hearing, the managers find that the
project will:
(1) be conducive to public health;
(2) promote the general welfare;
(3) be in compliance with this chapter; and
(4) result in benefits that will be greater than the cost
of the construction or implementation and damages.
(b) The order may authorize the construction or
implementation of the project as a whole or authorize different
parts of the project to be constructed separately.
(c) The managers shall order the engineer to proceed with
making the necessary surveys and preparing plans and
specifications that are needed to construct the project and
report the results of the surveys and plans to the managers.
Sec. 51. Minnesota Statutes 1994, section 103D.811,
subdivision 1, is amended to read:
Subdivision 1. [CALL FOR BIDS.] After an establishment
order has been made by the managers directing the establishment
of a project, the managers shall call for bids for the
construction or implementation of the work and give notice by
publication specifying the time and place when the bids will be
opened for awarding a contract for the construction or
implementation of the project. The contract may be awarded in
sections or as a whole, as directed by the managers.
Sec. 52. Minnesota Statutes 1994, section 103D.811,
subdivision 3, is amended to read:
Subd. 3. [AWARDING OF CONTRACT.] (a) At a time and place
specified in the bid notice, the managers may accept or reject
any or all bids and may award the contract to the lowest
responsible bidder. The bidder to whom the contract is to be
awarded must give a bond, with ample security, conditioned by
satisfactory completion of the contract.
(b) Bids must not be considered which in the aggregate
exceed by more than 30 percent the total estimated cost of
construction or implementation.
(c) The contract must be in writing and be accompanied by
or refer to the plans and specifications for the work to be done
as prepared by the engineer for the watershed district. The
plans and specifications shall become a part of the contract.
(d) The contract shall be approved by the managers and
signed by the president, secretary, and contractor.
Sec. 53. Minnesota Statutes 1994, section 103D.901,
subdivision 2, is amended to read:
Subd. 2. [COUNTY FUNDING.] After the assessment statement
is filed with the auditor, the county board of each affected
county shall provide funds to meet its proportionate share of
the total cost of the project, as shown by the engineer's report
and order of the managers. The county may issue bonds of the
county in the manner provided by section 103E.635. If an
improvement is to be constructed under section 103D.611, the
provisions of section 103E.635 requiring the county board to
award a contract for construction or implementation before
issuing bonds is not applicable to bonds issued to provide the
funds required to be furnished by this section.
Sec. 54. Minnesota Statutes 1994, section 103D.901,
subdivision 4, is amended to read:
Subd. 4. [ASSESSMENT MAY NOT EXCEED BENEFITS.] (a) An
assessment may not be levied against property or corporations
benefited under this chapter in excess of the amount of benefits
received as set by the order of the managers authorizing the
construction or implementation of the project or subsequently
determined on appeal.
(b) If the damages for a project financed by special
assessment are awarded and confirmed, the managers must
determine that the project's benefits exceed the total costs,
including damages awarded.
(c) The managers shall amend the project's statement filed
with the county auditor to reflect the amount of damages awarded.
Sec. 55. Minnesota Statutes 1994, section 103D.901,
subdivision 5, is amended to read:
Subd. 5. [DAMAGES PAID BEFORE ENTERING PROPERTY.] Before
entering property for which damages were awarded to begin
construction or implementation of the project, the managers
shall pay the amount of damages awarded less any assessment
against the property from the funds provided by the county board
under subdivision 3. If the amount of damages is appealed,
damages may not be paid until the final determination of the
appeal.
Sec. 56. Minnesota Statutes 1994, section 103D.905,
subdivision 3, is amended to read:
Subd. 3. [ADMINISTRATIVE FUND.] An administrative fund,
consisting of an ad valorem tax levy, may not exceed 0.02418
percent of taxable market value, or $125,000, whichever is
less. The money in the fund shall be used for general
administrative expenses and for the construction or
implementation and maintenance of projects of common benefit to
the watershed district. The managers may make an annual levy
for the administrative fund as provided in section 103D.911. In
addition to the annual administrative levy, the managers may
annually levy a tax not to exceed 0.00798 percent of taxable
market value for a period not to exceed 15 consecutive years to
pay the cost attributable to the basic water management features
of projects initiated by petition of a municipality of the
watershed district.
Sec. 57. Minnesota Statutes 1994, section 103D.905,
subdivision 5, is amended to read:
Subd. 5. [CONSTRUCTION OR IMPLEMENTATION FUND.] (a) A
construction or implementation fund consists of:
(1) the proceeds of the sale of county bonds;
(2) construction or implementation loans from any agency of
the federal government; and
(3) special assessments to be levied to supply funds for
the construction or implementation of the projects of the
watershed district, including reservoirs, ditches, dikes,
canals, channels, and other works, and the expenses incident to
and connected with the construction or implementation.
(b) Construction or implementation loans from an agency of
the federal government may be repaid from money collected by
special assessments on properties benefited by the project.
Sec. 58. Minnesota Statutes 1994, section 103D.921,
subdivision 1, is amended to read:
Subdivision 1. [PETITION.] (a) If a petition has been
filed with the managers for the construction or implementation
of a project within the watershed district, the managers may
file a petition with the district court in the county where the
watershed district has its principal place of business asking
that a preliminary expense fund be created for the watershed
district.
(b) The managers may subsequently amend or supplement the
petition if necessary. At least ten days' notice of a petition
or amended or supplementary petition must be given to the
auditor of each county affected by the proposed project.
(c) The preliminary fund must be of a size that is
proportionate to the needs of the watershed district for
preliminary work on the proposed project.
Sec. 59. Minnesota Statutes 1994, section 103D.921,
subdivision 3, is amended to read:
Subd. 3. [USE OF FUND.] The preliminary fund must be used
by the managers for preliminary work. If the managers incur
expenses for surveys or other preliminary work on a proposed
project, all expenses connected with the work shall be included
in the cost of construction or implementation of the proposed
project. If construction or implementation of the project is
authorized by the managers, the money advanced from the
preliminary fund shall be repaid from assessments for the
project.
Sec. 60. Minnesota Statutes 1994, section 103D.925, is
amended to read:
103D.925 [WARRANTS.]
The managers may issue warrants of the watershed district
to pay contracts for the construction or implementation of
projects, ordinary general expenses, and expenses incurred in
making repairs that have been approved by the managers, only if
there are sufficient funds available for payment in the
watershed district treasury.
Sec. 61. Minnesota Statutes 1994, section 117.011, is
amended to read:
117.011 [RIGHT OF EMINENT DOMAIN.]
All bodies, public or private, who have the right of
eminent domain, when exercising the right, shall do so in the
manner prescribed by this chapter, even though a different
procedure may be provided by charter provisions, ordinance or
statute, but nothing herein shall apply to the taking of
property under laws relating to drainage or to town roads when
those laws themselves expressly provide for the taking and
specifically prescribe the procedure. The taking of property
for a project undertaken by a watershed district under chapter
103D or for a project undertaken by a drainage authority under
chapter 103E may be carried out under the procedure provided by
those chapters.
Presented to the governor May 22, 1995
Signed by the governor May 22, 1995, 7:25 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes