2004 Minnesota Statutes

     103B.101 Board of Water and Soil Resources. 

    Subdivision 1.    Membership.  The Board of Water and 
 Soil Resources is composed of 12 members knowledgeable of water 
 and soil problems and conditions within the state and five ex 
 officio members.  

    Subd. 2.    Voting members.  (a) The members are: 

    (1) three county commissioners; 

    (2) three soil and water conservation district supervisors; 

    (3) three watershed district or watershed management 
 organization representatives; 

    (4) three citizens who are not employed by, or the 
 appointed or elected officials of, a governmental office, board, 
 or agency; 

    (5) the commissioner of agriculture; 

    (6) the commissioner of health; 

    (7) the commissioner of natural resources; 

    (8) the commissioner of the Pollution Control Agency; and 

    (9) the director of the University of Minnesota Extension 
 Service. 

    (b) Members in paragraph (a), clauses (1) to (4), must be 
 distributed across the state with at least three members but not 
 more than five members from the metropolitan area, as defined by 
 section 473.121, subdivision 2; and one from each of the current 
 soil and water conservation administrative regions.  

    (c) Members in paragraph (a), clauses (1) to (4), are 
 appointed by the governor.  In making the appointments, the 
 governor may consider persons recommended by the Association of 
 Minnesota Counties, the Minnesota Association of Soil and Water 
 Conservation Districts, and the Minnesota Association of 
 Watershed Districts.  The list submitted by an association must 
 contain at least three nominees for each position to be filled. 

    (d) The membership terms, compensation, removal of members 
 and filling of vacancies on the board for members in paragraph 
 (a), clauses (1) to (4), are as provided in section 15.0575.  

    Subd. 3. Repealed, 1997 c 28 s 4 

    Subd. 4.    Employees.  The board may employ an 
 executive director in the unclassified service and other 
 permanent and temporary employees in accordance with chapter 
 43A.  The board may prescribe the powers and duties of its 
 officers and employees and may authorize its employees and 
 members of the board to act on behalf of the board.  

    Subd. 5.    Officers.  The governor shall appoint a 
 chair from among the members of the board in subdivision 2, 
 paragraph (a), clauses (1) to (4), with the advice and consent 
 of the senate.  The board shall elect a vice-chair and any other 
 officers that it considers necessary from its membership.  

    Subd. 6.    Quorum.  A majority of the board is a quorum.

    Subd. 7.    Hearings and rulemaking.  The board may hold 
 public hearings and adopt rules necessary to execute its duties. 

    Subd. 8. Repealed, 1997 c 28 s 4 

    Subd. 9.    Powers and duties.  In addition to the 
 powers and duties prescribed elsewhere, the board shall: 

    (1) coordinate the water and soil resources planning 
 activities of counties, soil and water conservation districts, 
 watershed districts, watershed management organizations, and any 
 other local units of government through its various authorities 
 for approval of local plans, administration of state grants, and 
 by other means as may be appropriate; 

    (2) facilitate communication and coordination among state 
 agencies in cooperation with the Environmental Quality Board, 
 and between state and local units of government, in order to 
 make the expertise and resources of state agencies involved in 
 water and soil resources management available to the local units 
 of government to the greatest extent possible; 

    (3) coordinate state and local interests with respect to 
 the study in southwestern Minnesota under United States Code, 
 title 16, section 1009; 

    (4) develop information and education programs designed to 
 increase awareness of local water and soil resources problems 
 and awareness of opportunities for local government involvement 
 in preventing or solving them; 

    (5) provide a forum for the discussion of local issues and 
 opportunities relating to water and soil resources management; 

    (6) adopt an annual budget and work program that integrate 
 the various functions and responsibilities assigned to it by 
 law; and 

    (7) report to the governor and the legislature by October 
 15 of each even-numbered year with an assessment of board 
 programs and recommendations for any program changes and board 
 membership changes necessary to improve state and local efforts 
 in water and soil resources management. 

    The board may accept grants, gifts, donations, or 
 contributions in money, services, materials, or otherwise from 
 the United States, a state agency, or other source to achieve an 
 authorized purpose.  The board may enter into a contract or 
 agreement necessary or appropriate to accomplish the transfer. 

    Any money received is hereby appropriated and dedicated for 
 the purpose for which it is granted. 

    Subd. 10.    Committee for dispute resolution.  A 
 committee of the board is established to hear and resolve 
 disputes, appeals, and interventions under sections 103A.301 to 
 103A.341; 103B.231; 103B.345; 103D.535; 103D.537; and 103G.2242, 
 subdivision 9.  The committee consists of two of the three 
 citizen members; one county commissioner member; one soil and 
 water conservation district supervisor member; and one watershed 
 district or watershed management organization representative 
 member.  The committee is appointed by the board chair. 

    Subd. 11.    Engineering work and appearances at hearings 
 by director.  The director of the Division of Waters of the 
 Department of Natural Resources shall perform engineering work 
 requested by the Board of Water and Soil Resources and shall 
 appear in all hearings and proceedings before the Board of Water 
 and Soil Resources affecting waters within the state.  

    HIST: 1990 c 391 art 2 s 2; 1992 c 399 s 1; 1997 c 28 s 1-3; 
 1997 c 109 s 1; 2004 c 228 art 1 s 23