1.1 	A bill for an act
1.2 	relating to waters; modifying provisions for watershed districts; providing for 
1.3 	election of managers;amending Minnesota Statutes 2004, section 103D.271, 
1.4 	subdivision 4, by adding a subdivision; proposing coding for new law in 
1.5 	Minnesota Statutes, chapter 103D; repealing Minnesota Statutes 2004, 
1.6 	sections 103D.271, subdivision 6; 103D.301; 103D.305; 103D.311; 103D.315, 
1.7 	subdivisions 6, 7; Minnesota Statutes 2005 Supplement, section 103D.315, 
1.8 	subdivision 8.
1.9 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.10 	Section 1. Minnesota Statutes 2004, section 103D.271, is amended by adding a 
1.11 	subdivision to read:
1.12 		Subd. 3a.Automatic termination. If a watershed district has not successfully 
1.13 	completed a project within five years of establishment, the district is automatically 
1.14 	terminated and the board may issue a termination order under the conditions of subdivision 
1.15 	10. 

1.16 	Sec. 2. Minnesota Statutes 2004, section 103D.271, subdivision 4, is amended to read:
1.17 		Subd. 4.Termination petition. (a) The termination petition must be signed by at 
1.18 	least 25 20 percent of the resident owners residing landowners in the watershed district. 
1.19 	The termination petition must state that the existence of the watershed district does has not 
1.20 	benefit substantially benefitted  the public welfare and public interest and the watershed 
1.21 	district has failed to propose and complete proposed project plans within five years of 
1.22 	establishment or is not needed to accomplish the purposes of this chapter.
1.23 	(b) The petitioners must file a copy of the termination petition with the auditors of 
1.24 	the counties affected by the watershed district. The original termination petition with a 
2.1 	statement signed for delivery or receipt of each of the termination petitions submitted to 
2.2 	the auditors of counties affected by the watershed district must be filed with the board.
2.3 	(c) If the signed petitioners comprise 40 percent or more of the resident landowners 
2.4 	in the watershed district, a hearing is not required under subdivision 7 and the watershed 
2.5 	district is terminated under the conditions of subdivision 10. 

2.6 	Sec. 3. [103D.275] GENERAL ELECTION OF MANAGERS.
2.7 		Subdivision 1.Time for election. Elections must be held at the state general 
2.8 	election specified in section 204D.03, subdivision 2. A primary may not be held.
2.9 		Subd. 2.Filing for office; affidavit of candidacy. A candidate for the office of 
2.10 	manager shall file an affidavit of candidacy with the county auditor of the county in which 
2.11 	the watershed district office is located during the period provided for filing affidavits 
2.12 	of candidacy for county offices in section 204B.09, subdivision 1. The county auditor 
2.13 	accepting affidavits of candidacy shall forward copies of all affidavits filed by candidates 
2.14 	for manager to the auditor of any other county in which the office is voted on.
2.15 		Subd. 3.Ballots. Ballots shall be prepared by the county auditor. The names of 
2.16 	candidates shall be placed on the "canary ballot" described in section 204D.11, subdivision 
2.17 	3.
2.18 		Subd. 4.Election. Laws relating to elections for county office shall govern to the 
2.19 	extent that they are consistent with this section and section 103D.276. The county auditor 
2.20 	shall certify the result to the board. If the watershed district includes land in more than one 
2.21 	county, the county auditor shall immediately certify to the board the vote, as shown by the 
2.22 	report of the county canvassing board, for candidates voted for in more than one county. 
2.23 	In the latter case, the board shall certify and publish the result.
2.24 		Subd. 5.Election within areas governed by Indian tribes. In a watershed district 
2.25 	where a manager nomination district is entirely within lands of an American Indian tribe 
2.26 	or band to which state election laws do not apply, a manager to represent the district shall 
2.27 	be elected or appointed as provided by the governing body of the tribe or band.
2.28 		Subd. 6.Vacancy. (a) If a vacancy occurs in the office of an elected manager 
2.29 	more than 56 days before the next state primary, the watershed district board shall fill the 
2.30 	vacancy by appointment. The manager appointed shall hold office until the first Monday 
2.31 	in January following the next general election. A successor shall be elected at the general 
2.32 	election following the appointment and hold office for the remainder of the term or for the 
2.33 	next regular term, whichever is appropriate.
2.34 	(b) If a vacancy occurs less than 56 days before the next state primary, the watershed 
2.35 	district board shall fill the vacancy by appointment. The appointed manager shall hold 
3.1 	office until the expiration of the term or until the first Monday in January following the 
3.2 	second succeeding general election, whichever is shorter. A successor shall be elected 
3.3 	at the general election preceding expiration of the appointed term and hold office for the 
3.4 	remainder of the term or for the next regular term, whichever is appropriate.
3.5 	(c) All terms under this subdivision continue until a successor has been elected and 
3.6 	has qualified.

3.7 	Sec. 4. [103D.276] FORMATION OF MANAGER DISTRICTS.
3.8 		Subdivision 1.Managers elected at large. (a) The watershed district board shall, 
3.9 	with the approval of the Board of Water and Soil Resources, divide a watershed district 
3.10 	into manager districts for purposes of nomination for election. At each election after 
3.11 	the division, one or more managers shall be nominated from each manager district. A 
3.12 	manager must be a resident of the manager district to be elected.
3.13 	(b) If the boundary of a watershed district has been substantially changed by a 
3.14 	division of the district, the district shall be divided into manager districts for nomination 
3.15 	purposes.
3.16 	(c) This subdivision does not disqualify a manager during the term for which the 
3.17 	manager was elected or nominated for election. Managers nominated from the manager 
3.18 	districts shall be included on the ballot for election from the entire area included in the 
3.19 	watershed district.
3.20 	(d) A certified copy of the minutes or the resolution of the managers establishing 
3.21 	manager districts must be promptly filed by the chair of the watershed district board with 
3.22 	the county auditor of the counties where the district is located and with the Board of 
3.23 	Water and Soil Resources.
3.24 		Subd. 2.Managers elected by districts. (a) The watershed district board, with 
3.25 	the approval of the Board of Water and Soil Resources, may by resolution provide that 
3.26 	managers will be elected by manager districts as provided in this subdivision.
3.27 	(b) The manager districts must be composed of precincts established by county 
3.28 	and municipal governing bodies under section 204B.14. The districts must be compact, 
3.29 	include only contiguous territory, and be substantially equal in population. The districts 
3.30 	must be numbered in a regular series. The districts must be drawn by the county board of 
3.31 	the county containing the largest area of the watershed district, in consultation with the 
3.32 	watershed district board and with the approval of the Board of Water and Soil Resources. 
3.33 	The boundaries of the districts must be redrawn after each decennial federal census as 
3.34 	provided in section 204B.135. A certified copy of the resolution establishing manager 
3.35 	districts must be filed by the chair of the watershed district board with the county auditor 
4.1 	of the counties where the watershed district is located, with the Board of Water and Soil 
4.2 	Resources, and with the secretary of state at least 30 days before the first date candidates 
4.3 	may file for the office of manager.
4.4 	(c) Each manager district is entitled to elect one manager. A manager must be a 
4.5 	resident of the watershed district from which elected.
4.6 	(d) The watershed district board shall provide staggered terms for managers elected 
4.7 	by district. After each redistricting, there shall be a new election of managers in all the 
4.8 	districts at the next general election, except that if the change made in the boundaries of a 
4.9 	district is less than five percent of the average population of all the districts, the manager 
4.10 	in office at the time of the redistricting shall serve for the full term for which elected. 
4.11 	The watershed district board shall determine by lot the seats to be filled for a two-year 
4.12 	term, a four-year term, and a six-year term.

4.13 	Sec. 5. [103D.277] MANAGERS.
4.14 		Subdivision 1.Members. (a) Except as provided in paragraph (c), the watershed 
4.15 	district board shall consist of five managers, elected or appointed as provided in sections 
4.16 	103D.225, subdivision 4, and 103D.275.
4.17 	(b) Managers must be eligible voters residing in the watershed district.
4.18 	(c) In counties where the county board consists of seven members and districts have 
4.19 	been divided into manager districts under section 103D.276, subdivision 2, the county 
4.20 	board may establish seven manager districts, elected or appointed as provided in sections 
4.21 	103D.225, subdivision 4, 103D.275,  and 103D.276, subdivision 2.
4.22 		Subd. 2.Terms. The managers appointed by the board upon the establishment of 
4.23 	a watershed district serve terms ending as provided in section 103D.225, subdivision 4. 
4.24 	Their successors shall be elected for terms of four years commencing on the first Monday 
4.25 	in January and until a successor is elected or appointed and has qualified. Vacancies in the 
4.26 	office of manager appointed by the board shall be filled by the board.
4.27 		Subd. 3.Quorum. A majority of the managers is a quorum and the concurrence of 
4.28 	a majority in any matter is required for its determination except as otherwise expressly 
4.29 	provided.
4.30 		Subd. 4.Compensation. A manager shall receive compensation for services 
4.31 	up to $75 per day and may be reimbursed for expenses, including traveling expenses, 
4.32 	necessarily incurred in the discharge of duties. A manager may be reimbursed for the use 
4.33 	of the manager's own automobile in the performance of official duties at a rate up to the 
4.34 	maximum tax-deductible mileage rate permitted under the federal Internal Revenue Code.
5.1 		Subd. 5.Removal of manager. A manager may be removed from office according 
5.2 	to sections 351.14 to 351.23 for malfeasance or nonfeasance in office, but for no other 
5.3 	reason.
5.4 		Subd. 6.Compatible offices. The office of watershed district manager and the 
5.5 	offices of mayor, clerk, clerk-treasurer, or council member in a statutory or home rule 
5.6 	charter city of not more than 2,500 population contained in whole or in part in the 
5.7 	watershed district are compatible offices and one person may hold both offices. The office 
5.8 	of watershed district manager and the office of town clerk or town manager in a town of 
5.9 	not more than 2,500 population contained in whole or in part in the watershed district are 
5.10 	compatible offices and one person may hold both offices. A person holding both offices 
5.11 	shall refrain from voting or taking any other formal action on any matter coming before 
5.12 	the watershed district board or the city council or town board that has a substantial effect 
5.13 	on both the watershed district and the city or town. This subdivision does not apply to an 
5.14 	office located in whole or in part in Anoka, Hennepin, Ramsey, or Washington County.

5.15 	Sec. 6.  REPEALER.
 5.16 	Minnesota Statutes 2004, sections 103D.271, subdivision 6; 103D.301; 103D.305; 
5.17 	103D.311; and 103D.315, subdivisions 6 and 7; and Minnesota Statutes 2005 Supplement, 
5.18 	section 103D.315, subdivision 8, are repealed.

5.19 	Sec. 7. EFFECTIVE DATE.
 5.20 	Sections 1 to 6 are effective January 1, 2007.