Minnesota Session Laws - 2013, Regular Session

CHAPTER 4--H.F.No. 66

An act

relating to waters; modifying drainage system provisions;

amending Minnesota Statutes 2012, sections 103E.005, subdivisions 4, 6, by adding a subdivision; 103E.101, subdivisions 2, 3, 4, 5, by adding subdivisions; 103E.227, subdivision 1; 103E.525, subdivision 1; 103E.701, subdivisions 1, 6; 103E.715, subdivision 6.

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

Section 1.

Minnesota Statutes 2012, section 103E.005, subdivision 4, is amended to read:

Subd. 4.

Board.

"Board" means the board of commissioners of the county new text begin , a joint county board, the board of managers of the watershed district, or a metropolitan watershed management organization that serves as the drainage authority new text end where the drainage system or project is located.

Sec. 2.

Minnesota Statutes 2012, section 103E.005, subdivision 6, is amended to read:

Subd. 6.

Director.

"Director" means the director of the Division of deleted text begin Waters deleted text end new text begin Ecological and Water Resources new text end in the Department of Natural Resources.

Sec. 3.

Minnesota Statutes 2012, section 103E.005, is amended by adding a subdivision to read:

new text begin Subd. 28a. new text end

new text begin Secretary. new text end

new text begin "Secretary" means the secretary of the watershed district that serves as the drainage authority for the applicable drainage system. new text end

Sec. 4.

Minnesota Statutes 2012, section 103E.101, subdivision 2, is amended to read:

Subd. 2.

Record requirements.

All maps, plats, profiles, plans, and specifications prepared and used in relation to a proceeding must:

(1) be uniform;

(2) have each sheet deleted text begin bound and deleted text end marked to identify the proceeding by the drainage project and system number;

(3) show the name of the person preparing the sheet;

(4) show the date the sheet was prepared; and

(5) conform to rules and standards prescribed by the director deleted text begin of the Division of Waters deleted text end .

Sec. 5.

Minnesota Statutes 2012, section 103E.101, subdivision 3, is amended to read:

Subd. 3.

Index of proceedings and records.

The auditor new text begin or secretary new text end shall keep all orders, exhibits, maps, charts, profiles, plats, plans, specifications, and records of the proceedings. These records may not be removed except when the board makes a written order to remove them. The auditor new text begin or secretary new text end shall keep an accurate index of the proceedings and related documents in a deleted text begin bound book deleted text end new text begin readily usable, resilient, and secure manner new text end .

Sec. 6.

Minnesota Statutes 2012, section 103E.101, subdivision 4, is amended to read:

Subd. 4.

Engineer's documents.

All original plats, profiles, records, and field books made by the engineer during the proceedings or the construction of a drainage project are public records and the property of the drainage authority. These public records must be filed with the auditor new text begin or secretary new text end under the direction of the drainage authority when construction is completed or when the engineer stops acting for the drainage project, whichever is earlier.

Sec. 7.

Minnesota Statutes 2012, section 103E.101, is amended by adding a subdivision to read:

new text begin Subd. 4a. new text end

new text begin Reestablishment of drainage system records. new text end

new text begin (a) If, after thorough investigation of drainage system records, a drainage authority finds that records establishing the alignment, cross-section, profile, or right-of-way of a drainage system that it administers are lost, destroyed, or otherwise incomplete, it may, by order, reestablish records defining the alignment; cross-section; profile; hydraulic structure locations, materials, dimensions, and elevations; or right-of-way of the drainage system as originally constructed or subsequently improved in accordance with this chapter. The procedure for reestablishing drainage system records must involve, at a minimum, investigation and a report of findings by a professional engineer licensed in Minnesota supported by existing records and evidence, including, but not limited to, applicable aerial photographs, soil borings or test pits, culvert dimensions and invert elevations, and bridge design records. The existing and reestablished records together must define the alignment; cross-section; profile; hydraulic structure locations, materials, dimensions, and elevations; and right-of-way of the drainage system. Drainage system records reestablished under this subdivision do not interrupt prescriptive occupation. new text end

new text begin (b) The description of a drainage system under this subdivision may be initiated by the drainage authority on its own motion or by any party affected by the drainage system filing a petition. If the system is under the jurisdiction of a county board, the petition must be filed with the auditor. If the system is under the jurisdiction of a joint county drainage authority, the petition must be filed with the auditor of the county with the largest area of property in the drainage system. If the system is under the jurisdiction of a watershed district board, the petition must be filed with the secretary. new text end

new text begin (c) When a drainage authority directs by resolution or when a petition is filed under this subdivision, the drainage authority, in consultation with the auditor or secretary, shall set a time and location for a hearing after the engineer's report is complete. The auditor or secretary shall give notice of the hearing by mail to the commissioner of natural resources, the executive director of the Board of Water and Soil Resources, the petitioner or petitioners, and all property owners benefited or damaged by the drainage system and shall give notice to other interested parties either in a newspaper of general circulation in the drainage system area or by publication on a Web site of the drainage authority. new text end

new text begin (d) Drainage system records reestablished under this subdivision constitute official drainage system records. A finding of drainage system right-of-way in the applicable order is a defense to a trespass claim and shall be given due weight in any subsequent court proceeding to establish the existence or nature of a property encumbrance. new text end

Sec. 8.

Minnesota Statutes 2012, section 103E.101, subdivision 5, is amended to read:

Subd. 5.

Filing and storage facilities.

County boards shall provide the auditor new text begin , and watershed district boards shall provide the secretary, new text end with necessary filing and storage facilities to protect the files and records of all proceedings new text begin under its jurisdiction new text end . The county boards new text begin and watershed district boards new text end may provide for the copying and filing of the documents and records of proceedings by photographic devices as provided for public records under section 15.17. In the event of loss of the originals, the photographic copies are originals after authentication by the auditor new text begin or secretary new text end .

Sec. 9.

Minnesota Statutes 2012, section 103E.101, is amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Transfer of drainage system records. new text end

new text begin (a) When a watershed district assumes authority for a drainage system according to section 103D.625, the county or joint county board transferring authority shall transfer all of the original records for the drainage system to the watershed district, except as provided in paragraph (b). new text end

new text begin (b) Physical or electronic copies of drainage system records that are authenticated by the county auditor having the original records may be used in place of the originals by the watershed district until the watershed district has necessary records storage facilities to protect the original records or, in the case of a partial transfer of a drainage system, until the entire drainage system is transferred to the watershed district. new text end

Sec. 10.

Minnesota Statutes 2012, section 103E.227, subdivision 1, is amended to read:

Subdivision 1.

Petition.

(a) To conserve and make more adequate use of our water resources new text begin or to incorporate wetland or water quality enhancing elements as authorized by section 103E.011, subdivision 5 new text end , a person, public or municipal corporation, governmental subdivision, the state or a department or agency of the state, the commissioner of natural resources, and the United States or any of its agencies, may petition to impound, reroute, or divert drainage system waters for beneficial use.

(b) If the drainage system is under the jurisdiction of a county drainage authority, the petition must be filed with the auditor of the county. If the drainage system is under the jurisdiction of a joint county drainage authority, the petition must be filed with the county having the largest area of property in the drainage system, where the primary drainage system records are kept, and a copy of the petition must be submitted to the auditor of each of the other counties participating in the joint county drainage authority. If the system is under the jurisdiction of a watershed district, the petition must be filed with the secretary of the district. The auditor of an affected county or the secretary of a watershed district must make a copy of the petition available to the public.

(c) The petition must contain the location of the installation, concept plans for the proposed project, and a map that identifies the areas likely to be affected by the project.

(d) The petition shall identify the sources of funds to be used to secure the necessary land rights and to construct the project and the amount and rationale for any drainage system funds requested.

(e) The petitioner or drainage authority must also acquire a public waters work permit or a water use permit from the commissioner of natural resources if required under chapter 103G.

Sec. 11.

Minnesota Statutes 2012, section 103E.525, subdivision 1, is amended to read:

Subdivision 1.

Hydraulic capacity.

A public or private bridge or culvert may not be constructed or maintained across or in a drainage system with less hydraulic capacity than specified in the detailed survey report, except with the written approval of the director deleted text begin of the division of waters deleted text end . If the detailed survey report does not specify the hydraulic capacity, a public or private bridge or culvert in or across a drainage system ditch may not be constructed without the director's approval of the hydraulic capacity.

Sec. 12.

Minnesota Statutes 2012, section 103E.701, subdivision 1, is amended to read:

Subdivision 1.

Definition.

The term "repair," as used in this section, means to restore all or a part of a drainage system as nearly as practicable to the same deleted text begin condition deleted text end new text begin hydraulic capacity new text end as originally constructed and subsequently improved, including resloping of ditches and leveling of deleted text begin waste deleted text end new text begin spoil new text end banks if necessary to prevent further deterioration, realignment to original construction if necessary to restore the effectiveness of the drainage system, and routine operations that may be required to remove obstructions and maintain the efficiency of the drainage system. "Repair" also includes:

(1) incidental straightening of a tile system resulting from the tile-laying technology used to replace tiles; and

(2) replacement of tiles with the next larger size that is readily available, if the original size is not readily available.

Sec. 13.

Minnesota Statutes 2012, section 103E.701, subdivision 6, is amended to read:

Subd. 6.

Wetland restoration and deleted text begin mitigation deleted text end new text begin replacement; water quality protection and improvement new text end .

Repair of a drainage system may include the preservation, restoration, or enhancement of wetlands; wetland replacement under section 103G.222; deleted text begin and deleted text end the realignment of a drainage system to prevent drainage of a wetland new text begin ; and the incorporation of measures to reduce channel erosion and otherwise protect or improve water quality new text end .

Sec. 14.

Minnesota Statutes 2012, section 103E.715, subdivision 6, is amended to read:

Subd. 6.

Repair by resloping ditches, new text begin incorporating multistage ditch cross-section, new text end leveling deleted text begin waste deleted text end new text begin spoil new text end banks, installing erosion control, deleted text begin and deleted text end new text begin or new text end removing trees.

(a) For a drainage system that is to be repaired by resloping ditches, new text begin incorporating a multistage ditch cross-section, new text end leveling deleted text begin waste deleted text end new text begin spoil new text end banks, installing erosion control measures, or removing trees, before ordering the repair, the drainage authority must appoint viewers to assess and report on damages and benefits if it determines that:

(1) the resloping, new text begin incorporation of a multistage ditch cross-section, spoil bank new text end leveling, deleted text begin installing deleted text end new text begin installation of new text end erosion control measures, or tree removal will require the taking of any property not contemplated and included in the deleted text begin original deleted text end proceeding for the establishment new text begin or subsequent improvement new text end of the drainage system; new text begin or new text end

(2) any deleted text begin waste deleted text end new text begin spoil new text end bank leveling new text begin or tree removal new text end will directly benefit property where the new text begin spoil new text end bank leveling new text begin or tree removal new text end is specified deleted text begin ; and deleted text end new text begin . new text end

deleted text begin (3) the installation of erosion control measures will aid the long-term efficiency of the drainage system. deleted text end

(b) The viewers shall assess and report damages and benefits as provided by sections 103E.315 and 103E.321. The drainage authority shall hear and determine the damages and benefits as provided in sections 103E.325, 103E.335, and 103E.341. The hearing shall be held within 30 days after the property owners' report is mailed. Damages must be paid as provided by section 103E.315 as a part of the cost of the repair, and benefits must be added to the benefits previously determined as the basis for the pro rata assessment for the repair of the drainage system for the repair proceeding only.

Presented to the governor March 12, 2013

Signed by the governor March 14, 2013, 2:14 p.m.