2006 Minnesota Statutes

CHAPTER 110A. RURAL WATER USER DISTRICTS

110A.01 POLICY STATEMENT.
Conservation of the state's water resources is a state function, and the public interest, welfare,
convenience, and necessity require the creation of water user districts and the construction of
systems of works, in the manner provided, for the conservation, storage, distribution, and use of
water. The construction of systems of works by districts, as provided, is hereby declared to be in
all respects for the welfare and benefit of the people of Minnesota.
History: 1978 c 744 s 1

110A.02 DEFINITIONS.
    Subdivision 1. Applicability. For the purposes of sections 110A.01 to 110A.36 the following
terms have the definitions given in this section.
    Subd. 2. Water user district or district. "Water user district" or "district" means a district
organized under sections 110A.01 to 110A.36, either as originally organized or as reorganized,
altered, or extended.
    Subd. 3. Board. "Board" means the board of directors of a district organized under sections
110A.01 to 110A.36.
    Subd. 4. Works; system. "Works" and "system" include all lands, property, rights,
rights-of-way, easements, and related franchises deemed necessary or convenient for their
operation, all water rights acquired or exercised by the board in connection with works, all means
of conserving, controlling, and distributing water, including, but not limited to outlets, treatment
plants, pumps, lift stations, service connections, mains, valves, hydrants, wells, reservoirs, tanks
and other appurtenances of public water systems. A work or system may be used for domestic,
commercial, industrial and stock watering purposes only and shall not be used for irrigation
purposes.
    Subd. 5. Project. "Project" means any one of the works defined, or any combination of
works which are physically connected or jointly managed and operated as a single unit.
    Subd. 6. City. "City" means any home rule charter, statutory or other city, however organized.
    Subd. 7. Court. "Court" means district court in the judicial district where the largest number
of petitioners resides.
History: 1978 c 744 s 2

110A.03 WATER USER DISTRICT; ORGANIZATION.
A water user district may be created and organized as provided in sections 110A.01 to
110A.36, and may sue and be sued in its corporate name. The procedure provided by sections
110A.01 to 110A.36 is alternative to that provided by other law. A district may not be organized
in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott or Washington Counties.
History: 1978 c 744 s 3

110A.04 PETITION FOR ORGANIZATION.
A water user district may be organized under the provisions of sections 110A.01 to 110A.36
after filing in the court a petition in compliance with the requirements set forth, and the approval
of the petition by the court. The petition shall state that it is the intent and purpose of the
petitioners to create a district under the provisions of sections 110A.01 to 110A.36, subject to
approval by the court. The petition shall contain:
(1) The name of the proposed district;
(2) The object and purpose of the system proposed to be constructed or acquired, together
with a general description of the nature, location, and method of operation of the proposed works;
(3) A description of the land constituting the proposed district and its boundaries, and the
names of any cities or towns included partly or wholly within the boundaries;
(4) The location of the principal place of business of the proposed district;
(5) A statement that the proposed district shall not have the power to levy taxes or
assessments;
(6) The number of members of the board of directors of the proposed district, which shall
be not less than five nor more than 13, a statement as to whether the directors shall be elected
at large or shall be apportioned to election divisions, the names and addresses of the members
who shall serve until their successors are elected and qualified as provided in sections 110A.01 to
110A.36, and if election divisions are provided for, the respective divisions which the directors
are to represent. The persons named in the petition as directors shall be owners of land within the
district. If election divisions are provided for, they shall be owners of land within the divisions
they are to represent.
History: 1978 c 744 s 4

110A.05 LANDS INCLUDED.
The lands proposed to be included within the district need not consist of contiguous parcels.
A district may to the extent authorized by resolution of the governing body of the city consist of
land within the limits of a city and may consist of land within the limits of any town or county,
located outside the metropolitan area, as defined by section 473.121, subdivision 2.
History: 1978 c 744 s 5

110A.06 ORGANIZATION OF DISTRICT WITHIN TERRITORIAL BOUNDARIES OF
ANOTHER DISTRICT.
A district may to the extent authorized by the existing district be organized within, or partly
within, the territorial boundaries of another district organized under this or other law, so long as
the works or systems, their operation, the exercise of powers and the assumptions of duties and
responsibilities, of one district, do not nullify, conflict with, or materially affect those of another
preexisting district. A new district may not be organized within the boundaries of a preexisting
district if the preexisting district disapproves within 30 days after mailing of notice pursuant
to section 110A.13.
History: 1978 c 744 s 6

110A.07 DIRECTORS; ELECTION.
Directors may be elected either at large, or from election divisions. If the petition states that
the directors shall be elected from election divisions, the petition shall describe the boundaries of
the divisions, which may be drawn either with or without regard to the limits of any city or town
included within the district boundaries. So far as practicable, each district shall include the same
number of parties to contracts with the district for purchase of water.
History: 1978 c 744 s 7

110A.08 GROUPING OF DIRECTORS ELECTED AT LARGE; TERM OF OFFICE.
Directors shall be elected within 60 days after the petition is approved by the court and filed
with the secretary of state. The directors named in the petition shall hold office until the election.
So far as possible, an equal number of those elected shall serve one, two and three years.
History: 1978 c 744 s 8

110A.09 PETITION; SIGNATURES.
The petition must be signed by 50 percent of the landowners, except the holders of easements
for electric or telephone transmission and distribution lines, within the area outside the limits of
any city constituting the proposed district. If the proposed district includes any area within a city,
the petition must be accompanied by a resolution of the governing body of the city requesting
a specific area within the city be included within the proposed district. On each petition, set
opposite the signature of each petitioner, shall be stated the petitioner's name and post office
address and the location of land of which the petitioner is the owner.
History: 1978 c 744 s 9; 1986 c 444

110A.10 INSTRUMENTS CONSTITUTING PETITION.
The petition may contain any number of separate instruments, and to each sheet for
petitioners' signatures shall be attached a full and correct copy of the petition. Every sheet of
every petition containing signatures shall have below the signatures an affidavit by the circulator
in substantially the following form:
State of Minnesota,
County of ...............
..............., being first duly sworn, deposes, that the affiant is the circulator of the foregoing
petition containing ........ signatures; that each person whose name appears on the petition sheet
personally signed the petition in the presence of affiant; that the affiant believes that each signer is
an owner of the land described opposite the signer's signature, to be included within the proposed
district, residing at the address written opposite the signer's name, and that affiant stated to every
petitioner the legal effect and nature of the petition before each signed.

		...............................................................
		Circulator.

History: 1978 c 744 s 10; 1986 c 444

110A.11 MAPS, PLANS, AND ESTIMATES.
The petition shall be accompanied by the resolutions required by section 110A.05, maps
showing the location of land within the proposed district and the proposed system of works, and
by other maps, plans, and estimates as necessary to describe fully the proposed system.
History: 1978 c 744 s 11

110A.12 EXAMINATION OF PETITION.
Upon receipt of the petition, the court shall determine whether it complies with the
requirements of sections 110A.01 to 110A.36 and dismiss the petition if the requirements are not
complied with. The petitioners may present a new petition covering the same matter, or the same
petition with additional signatures if additional signatures are necessary.
History: 1978 c 744 s 12

110A.13 PUBLICATION OF PETITION.
    Subdivision 1. Publication requirements. The petition and a map of the proposed district
shall be published in each county in which lands within the proposed district lie, in a newspaper
of general circulation published in the county, once each week for at least two successive weeks
before the time the petition is filed with the court together with a list of names of the petitioners
within the county and their addresses.
    Subd. 2. Notification to certain cities, districts. Prior to being filed with the court, the
petition and a map of the proposed district shall be sent by certified mail to each city with a
population of 20,000 or less if the proposed district comes within one-half mile of the city's
boundary, each city with a population of greater than 20,000 if the proposed district comes
within one mile of the city's boundary and to each existing district organized under chapter
116A or Laws 1978, chapter 744, if the new district boundary comes within one mile of an
existing system's boundary.
History: 1978 c 744 s 13

110A.14 PROTEST AGAINST ORGANIZATION.
Any owner of land within the proposed district may file with the court a protest against
the qualifications of any signer of the petition, and the court shall consider and determine the
validity of protests.
History: 1978 c 744 s 14

110A.15 INVESTIGATION OF PROPOSED DISTRICT AND WORKS.
If the court determines that the petitioners have complied with the requirements of sections
110A.01 to 110A.36, it shall make an immediate investigation of the proposed district and of its
proposed works, systems, or plans and of the engineering and economic feasibility of the project.
The court, in its discretion, may make an estimate of the cost of the investigation and require the
petitioners to defray part or all of the estimated cost before proceeding with the investigation.
History: 1978 c 744 s 15

110A.16 FEASIBILITY; RECORDING; ESTABLISHMENT.
The court, within 90 days from the receipt of the petition, or within 90 days from the time
funds are available to defray the cost of the investigation, shall declare that the proposed project is
or is not feasible, will conform to public health and conform to public convenience and welfare.
If the project is not feasible, the court shall dismiss the petition. If the court deems the project
feasible and conforming to public convenience and welfare, it shall immediately execute a
certificate setting forth a copy of the petition declaring that the petition is approved, and file it
in the Office of the Secretary of State and a copy of it, certified by the secretary of state, in the
office of the county auditor of each county in which any of the lands in the district are located.
Thereupon, the district, under its designated name, shall be a body politic and corporate under the
provisions of sections 110A.01 to 110A.36 and a public corporation of the state.
History: 1978 c 744 s 16

110A.17 DIRECTORS; QUALIFICATION; MEETING.
Upon the filing of the certificate in the Office of the Secretary of State and a certified copy in
the office of each county auditor, the members of the board of directors named in the petition
shall immediately qualify and assume the duties of their office. Failure or refusal to qualify
within a period of 15 days thereafter shall be deemed to create a vacancy which shall be filled as
provided by sections 110A.01 to 110A.36. The first meeting of the board of directors shall be
called by the director first named in the petition.
History: 1978 c 744 s 17

110A.18 ADDITIONAL TERRITORY.
The procedure for extending a water user district by including additional territory shall be
as provided by sections 110A.19 to 110A.22.
History: 1978 c 744 s 18

ADDING TERRITORY

110A.19 PETITION TO INCLUDE ADDITIONAL TERRITORY.
A water user district may be extended by including additional territory by filing with the
court a petition signed by at least 50 percent of the landowners except the holders of easements
for electric or telephone transmission and distribution lines, in any area outside the limits of a city
to be included, a copy of a resolution of the governing body of a city requesting a specific area
within the city be included within the expanded district, and a resolution of the board of directors
of the district approving the expansion of the district, upon compliance with the requirements
hereinafter set forth. The petition shall contain a description of the lands to be included.
History: 1978 c 744 s 19

110A.20 MAPS; PLANS; ESTIMATES.
The petition shall be accompanied by maps showing the location of the lands to be included,
the proposed system of works and other plans and estimates as necessary to fully describe the
project.
History: 1978 c 744 s 20

110A.21 PUBLICATION; PROTESTS.
    Subdivision 1. Publication requirements. The petition shall be published in each county in
which the lands to be included lie, in a newspaper of general circulation published in the county,
once each week for at least two successive weeks before the time the petition is filed with the
court together with the list of names of the petitioners and their addresses and land owned. Any
owner of land within the area to be included, who did not sign the petition may file a written
protest with the court as provided in section 110A.14.
    Subd. 2. Notification to certain cities, districts. Prior to being filed with the court, a map
of the proposed district shall be sent by certified mail to each city with a population of 20,000
or less if the proposed district comes within one-half mile of the city's boundary, each city with
a population greater than 20,000 if the proposed district comes within one mile of the city's
boundary and to each existing district organized under chapter 116A or Laws 1978, chapter 744,
if the new proposed district boundary comes within two miles of the existing system's boundary.
History: 1978 c 744 s 21

110A.22 APPROVAL OF EXTENSION.
Upon receipt of the petition the court shall act upon the petition in the same manner as
required upon an original petition to create a district, as set forth in sections 110A.12 to 110A.17.
Upon the approval of the petition and project, and the issuance and filing of the certificate
of approval in the Office of the Secretary of State and filing a copy in the office of the county
auditor of each county in which any lands in which the district is located, the included areas
shall be part of the district.
History: 1978 c 744 s 22

DIRECTORS, ELECTIONS, OFFICERS; POWERS

110A.23 MEMBERS; ELECTION; TERMS.
After the election of the board of directors members of the board to succeed those elected in
the initial election provided for in section 110A.08, respectively, and to fill unexpired terms, shall
be nominated and elected and shall take office in the following manner. One year from the date
of the initial election an election shall be held to elect directors to succeed those whose terms
are about to expire. The term of each director thus elected shall commence two weeks after the
director's election and continue for three years and until a successor is elected and qualified.
Election of directors shall be conducted as provided by section 110A.24.
History: 1978 c 744 s 23; 1986 c 444

110A.24 ELECTION; TIME, PLACE, PURPOSE, RULES.
    Subdivision 1. Election time, place. The board of directors of the district shall fix the hour
and place, within the boundaries of the district, of each election and shall preside. If the district is
divided into election divisions, the board in its discretion may fix a place of election within each
election division, and the directors who represent that division shall preside.
    Subd. 2. Who may vote. Every person or corporation which is a party to a contract with
the district for the purchase of water to be furnished by the district, may cast one vote at each
election for each director to be elected. In case election divisions are provided for, each person or
corporation entitled to vote by reason of being a party to a contract shall select the division in
which the person or corporation shall vote, which selection shall be made under rules established
by the board of directors.
    Subd. 3. Notice to eligible voters. The board shall at least 20 days prior to the date of
election, mail to each person or corporation entitled to vote, at the person's or corporation's last
known place of residence or business, a notice stating the time, place, and purpose of the election
or, in the alternative, publish in each county in which lands within the district lie, in a newspaper
of general circulation in the county, once each week for at least two successive weeks before the
time of election, a notice that the election will be held giving the purpose, time and place.
    Subd. 4. Voting procedure. At the hour and place of the election, the presiding directors
shall call the roll of those entitled to vote, and the number of votes to which each is entitled. They
shall make a record of the qualified voters present and prescribe the manner of casting ballots
and canvassing votes. If election divisions are provided for, but the election is held at one place
within the district instead of being held in each division, the board shall call the roll for each
division and conduct the election for each division separately. All costs incident to the election of
directors shall be paid by the district.
    Subd. 5. Declaration of winner. The candidate for director required to fill an existing
vacancy or to succeed an outgoing director who receives the highest number of votes cast shall
be declared elected.
History: 1978 c 744 s 24; 1986 c 444

110A.25 DIRECTORS.
    Subdivision 1. Qualification. No person shall be qualified to hold office as a member of
the board of directors of any district unless that person is a party to a contract to purchase water
from the district.
    Subd. 2. Vacancies. Vacancies on the board by reason of death, disability, failure to hold land
in the district, or in the election division if election divisions are provided for, or otherwise shall
be filled by the board of directors. The members elected to fill vacancies shall serve until members
to fill out the remainder of the terms may be elected at the next succeeding district election.
    Subd. 3. Compensation. Members of the board of directors shall be paid their actual
expenses while engaged in performing the duties of their office or otherwise engaged upon the
business of the district. In addition they shall receive as compensation for services at rates
determined by qualified voters at an annual meeting.
History: 1978 c 744 s 25; 1986 c 444

110A.26 BOARD NAMES, OFFICERS, EXECUTIVE COMMITTEE, STAFF.
    Subdivision 1. Election of officers; appointment of executive committee. The board of
directors shall elect the officers of the district who shall be a president, a vice-president, a secretary
and a treasurer. The board shall appoint an executive committee and other officers, agents, and
employees as necessary to transact the business of the district. The president, vice-president, and
treasurer shall be elected from the membership of the board of directors.
    Subd. 2. Treasurer's bond. The treasurer shall furnish and maintain a corporate surety bond
in an amount sufficient to cover all moneys coming into the treasurer's possession or control,
which shall be satisfactory in form and with sureties approved by the board. The bond, as
approved, shall be filed with the secretary of state, and copies filed with the auditors of counties
within the district and the premium upon the bond paid by the district.
History: 1978 c 744 s 26; 1986 c 444

110A.27 CORPORATE POWERS; RULES, MINUTES, BOOKS, RECORDS.
    Subdivision 1. Powers exercised by board. The corporate powers of the district shall be
exercised by the board of directors of the district.
    Subd. 2. Rules; minutes; public books, records. The board of directors may adopt rules
and regulations or bylaws, consistent with sections 110A.01 to 110A.36, for the conduct of the
business and affairs of the district. The board of directors shall cause to be kept accurate minutes
of their meetings and accurate records and books of account, conforming to approved methods of
bookkeeping, clearly setting out and reflecting the entire operation, management, and business of
the district. The books and records shall be kept at the principal place of business of the district
and at reasonable business hours always open to public inspection.
History: 1978 c 744 s 27

110A.28 POWERS.
    Subdivision 1. Usual powers. The district shall have all the usual powers of a public
corporation, and may acquire by purchase, gift, or other lawful means and hold real or personal
property reasonably necessary for the conduct of its business, or lease property for its proper
purposes, and sell, lease, or otherwise dispose of property when not needed.
    Subd. 2. Acquisition and disposition of property. The district may own, construct,
reconstruct, improve, purchase, lease, receive by gift, or otherwise acquire, hold, extend, manage,
use, or operate any works, as defined in sections 110A.01 to 110A.36, and any and every kind
of property, personal or real, necessary, useful, or incident to their acquisition, extension,
management, use, and operation, and may sell, mortgage, alienate, or otherwise dispose of works
under the terms and conditions provided in sections 110A.01 to 110A.36.
    Subd. 3. Contracts and agreements. A district may enter into any contract, lease,
agreement, or arrangement with a state, county, city, town, district, governmental or public
corporation or association, or with a person, firm, or corporation, public or private, or with the
government of the United States, or with any officer, department, bureau, or agency thereof, or
with any corporation organized under federal law to exercise the powers set forth in this section,
or for the sale, leasing, or otherwise furnishing or establishing of water rights, water supply,
conveyance and distribution of water, water service, or water storage, for domestic, industrial,
municipal, or stock watering purposes, or for the financing or payment of the cost and expenses
incident to the construction, acquisition, or operation of works, or incident to any obligation or
liability entered into or incurred by the district.
    Subd. 4. Authority out of district. A district may exercise any of the powers enumerated
in this section either within or beyond or partly within and partly beyond the boundaries of the
district and of the state, unless prohibited by the law of the area or state concerned or of the
United States of America.
    Subd. 5. Appropriation of waters. A district may appropriate the waters of the state in the
same manner as other persons under the laws of this state. A district shall not, in the exercise
of the powers conferred by sections 110A.01 to 110A.36, interfere with, injure, or otherwise
damage or affect existing water rights, other than through the purchase of the rights or through
condemnation proceedings. No district, corporation, association, or individual holding a water
right for lands located either within or outside the boundaries of a district shall be in any way
affected by the operations of the district other than by reason of a contract voluntarily entered into
by the organization or individual with the district, or by reason of the exercise by the district of
the power of eminent domain.
    Subd. 6. Eminent domain. A district may exercise the power of eminent domain pursuant to
chapter 117, after declaring by resolution the necessity for and purpose of the taking of property
and the extent of the taking.
    Subd. 7. Indebtedness; no taxes or assessments; contractual obligations. The district
shall have no power of taxation, or of levying assessments for special benefits. No governmental
authority shall have power to levy or collect taxes or assessments for the purpose of paying, in
whole or in part, any indebtedness or obligation of or incurred by the district or upon which the
district may be or become in any manner liable. Nor shall any privately owned property within or
outside a district, or the owner thereof, nor any city, town, county, or other political subdivision or
public or private corporation or association or its property, be directly or indirectly liable for any
district indebtedness or obligation beyond the liability to perform an express contract between the
owner or public or private organization and the district.
    Subd. 8. Charges by contract only; expense prorated by use. No person, city, town,
county, or other governmental subdivision, or other public or private corporation or association
shall be liable for the payment of any rent or charge for water storage, water supply, or for any of
the costs of operation of a district, unless a contract has been entered into between the person
or public or private organization and the district furnishing water storage or water supply. All
capital and operating expenses shall be borne by the users in proportion to their use of water
supplied by the district.
    Subd. 9. Federal grants, loans; other gifts. A district organized under sections 110A.01
to 110A.36 may exercise any power conferred by sections 110A.01 to 110A.36 to obtain grants
or loans or both from any federal agency pursuant to acts of Congress, and may accept from
private owners or other sources, gifts, deeds or instruments of trust or title relating to land, water
rights and any other form of property.
    Subd. 10. Cooperation with U.S. A district may purchase and acquire lands, water rights,
rights-of-way, and real and personal properties of every nature in cooperation with the United
States under conditions as may to the board seem advisable, and to convey them under the
conditions, terms and restrictions approved by the directors and the federal government or any of
its agencies and to pay the purchase price and any and all construction costs or other necessary
expenses and costs in connection with any works contemplated by sections 110A.01 to 110A.36
either from its own funds or cooperatively with the federal government.
    Subd. 11. Service close to city of up to 20,000. A district shall not, in the exercise of
the powers conferred by sections 110A.01 to 110A.36, provide service to actual or potential
residential, commercial, industrial or publicly-owned land uses within one-half mile of the limits
of a city of up to 20,000 persons without approval by the city council. Approval shall not be
required prior to serving class 2a lands as defined in section 273.13.
    Subd. 12. Service close to city of 20,000. A district shall not, in the exercise of the powers
conferred by sections 110A.01 to 110A.36, provide service to actual or potential residential,
commercial, industrial or publicly-owned land uses within one mile of the limits of a city of more
than 20,000 persons without approval by the city council. Approval shall not be required prior to
serving class 2a lands as defined in section 273.13.
History: 1978 c 744 s 28; 1Sp1985 c 14 art 4 s 11,12

BIDS, FINANCES, PROPERTY, DISSOLUTION

110A.29 CONTRACTS FOR PUBLIC WORKS, BUILDINGS, MATERIALS.
    Subdivision 1. Cost estimate. Before a district shall enter into a contract for the construction,
alteration, extension, or improvement of works, or any part or section thereof, or a building for
the use of the district, or for the purchase of materials, machinery, or apparatus, the district shall
cause estimates of the cost to be made by a competent engineer or engineers, and if the estimated
cost exceeds $10,000 no contract shall be entered into for a price, cost or consideration exceeding
the estimate nor without advertising for sealed bids.
    Subd. 2. Board supervises bidding. Prior to advertisement, plans and specifications for
the proposed construction work or materials shall be prepared and filed at the principal office
or place of business of the district. The advertisement shall designate the nature of construction
work proposed to be done or materials proposed to be purchased. The board shall supervise
bid lettings by water user districts.
History: 1978 c 744 s 29

110A.30 DEBT.
The district may borrow money and incur indebtedness by issuing its obligations or entering
into contracts for any lawful corporate purpose; provided that all such obligations and contracts,
whether express or implied, shall be payable solely:
(1) From revenues, income, receipts and profits derived by the district from its operation
and management of systems;
(2) From the proceeds of warrants, notes, revenue bonds, debentures, or other evidences
of indebtedness issued and sold by the district which are payable solely from such revenues,
income, receipts and profits; or
(3) From federal or state grant gifts or other moneys received by the district which are
available therefor.
The district may by resolution pledge any such source to the payment of such obligations and
contracts and the interest coming due thereon. Any resolution may specify the particular revenues
that are pledged and the terms and conditions to be performed by the district and the rights of
the holders of district obligations, and may provide for priorities of liens in any revenues as
between the holders of district obligations issued at different times or under different resolutions.
The district may provide for the refunding of any district obligation through the issuance of
other district obligations, entitled to rights and priorities similar in all respects to those held by
the obligations that are refunded. All such obligations and refunding obligations shall be issued
in accordance with the provisions of chapter 475, except that such obligations may be sold by
negotiation.
History: 1978 c 744 s 30

110A.31 SERVICE CHARGES.
    Subdivision 1. Water charge. The directors of the district are authorized to agree with the
holders of district obligations as to the maximum or minimum amounts which the district shall
charge and collect for water sold by the district.
    Subd. 2. Authority to set prices and make contracts. The directors of the district are
authorized to fix and establish the prices, rates and charges at which any and all services, products,
resources and facilities made available under the provisions of sections 110A.01 to 110A.36 shall
be sold and disposed of; to enter into any and all contracts and agreements, and to do any and
all things which in its judgment are necessary, convenient or expedient for the accomplishment
of any and all the purposes and objectives of sections 110A.01 to 110A.36, under the general
regulations and upon the terms, limitations and conditions it shall prescribe; and the directors shall
enter into contracts and fix and establish prices, rates and charges so as to provide at all times
funds which will be sufficient to pay all costs of operation and maintenance of any and all of the
works and systems authorized by sections 110A.01 to 110A.36, together with necessary repairs
thereto, and which will provide at all times sufficient funds to meet and pay the principal and
interest of all obligations and other evidences of indebtedness of the district when due. Nothing in
sections 110A.01 to 110A.36 shall authorize any change, alteration or revision of rates, prices or
charges established by any contract entered into under authority of sections 110A.01 to 110A.36
except as provided by the contract.
    Subd. 3. Default remedies. Every contract made by the board for the sale, conveyance and
distribution of water, use of water, water storage, or other service, or for the sale of any property
or facilities, shall provide that in the event of any failure or default in the payment of any money
specified in the contract to be paid to the board, the board may, upon notice as shall be prescribed
in the contract, terminate the contract and all obligations thereunder. The act of the board in
ceasing on a default to furnish or deliver water, use of water, or water storage, under a contract
shall not deprive the board of, or limit any remedy provided by the contract or by law for the
recovery of money due or which may become due under the contract.
History: 1978 c 744 s 31

110A.32 DISBURSEMENTS; FISCAL YEAR; AUDITS.
    Subdivision 1. Approval requirements. Money of the district shall be paid only upon
approval of the board of directors and by warrant or other instrument in writing signed by the
president and by the treasurer of the district. In case of the death, absence, or other disqualification
of the president, the vice-president shall sign warrants or other instruments.
    Subd. 2. Calendar fiscal year; audit. The fiscal year of the district shall coincide with
the calendar year. The board of directors, at the close of each year's business, shall cause an
audit of the books, records and financial affairs of the district to be made by an experienced
public accountant, copies of a written report of which audit, certified to by the auditors, shall
be placed and kept on file at the principal place of business of the district and shall be filed
with the secretary of state.
History: 1978 c 744 s 32

110A.33 WORKS; OWNERSHIP; SALE.
    Subdivision 1. Disposition requirements. No water supply works owned by the district
shall be sold, alienated, or mortgaged by the district, except under the circumstances described
by this section.
    Subd. 2. Board resolution, election. If in the judgment of the board of directors it is for the
best interest of the district to sell any portion of the district works not needed for the performance
of any outstanding contract, and not mortgaged or pledged as provided for in subdivision 3, the
board shall pass a resolution to that effect. The board shall call a special election at which the
question of selling the portion of the works shall be submitted to the electors of the district
qualified to vote for district directors. The board shall mail to each qualified elector, at the last
known place of residence or place of business of the elector, a notice stating the time, place, and
purpose of the election, and so far as practicable shall conduct the election in all other respects
as provided in section 110A.24. If a majority of all qualified electors of the district vote "yes,"
the board may sell the portion of the works.
    Subd. 3. Mortgage; pledge; no state pledge. If, in order to borrow money from the federal
government or from any of its agencies, or from the state, it is necessary that the district mortgage
or otherwise pledge any or all of its property to secure the payment of loans made to it, the
district may mortgage or pledge property and assets for the purpose. Nothing in this section
shall prevent the district from assigning, pledging, or otherwise legally committing its revenues,
incomes, receipts, or profits to secure the payment of indebtedness to the federal government or
any agency thereof, or the state. The state shall never pledge its credit or funds, or any part
thereof, for the payment or settlement of any indebtedness or obligation whatsoever of any district
created under the provisions of sections 110A.01 to 110A.36. Nothing in sections 110A.01 to
110A.36 authorizes any agency of the state to make loans to a district, unless the agency is
otherwise authorized by law.
History: 1978 c 744 s 33; 1986 c 444

110A.34 FORECLOSURE.
If any district created under sections 110A.01 to 110A.36 shall execute and deliver a
mortgage or trust deed to secure the payment of any money borrowed by it for the purposes herein
authorized, it may be provided in the mortgage or trust deed that it may be foreclosed upon default
and a receiver may be appointed with the authority provided in the mortgage or trust deed.
History: 1978 c 744 s 34

110A.35 DISSOLUTION.
    Subdivision 1. Dissolution requirements. Any district may be dissolved by authorization
of a majority vote of the electors, qualified to vote for district directors, voting thereon at a
special election called by the board of directors for that purpose, notice of which shall be mailed
to each qualified elector at least 20 days prior to the date of the election and the procedure for
which shall conform as nearly as may be to the procedure provided in section 110A.24, for the
election of directors. The district shall discharge its obligations before dissolution. The board may
liquidate noncash assets prior to dissolution.
    Subd. 2. Time of effect; filing. Dissolution shall be completed upon resolution of the board
of directors canvassing the vote and declaring that a majority of the qualified electors voting
thereon have voted in favor of dissolution. A verified copy of the resolution shall be filed in the
Office of the Secretary of State and with the auditors of counties within the district.
    Subd. 3. Applications for appropriation of water. In case of dissolution all applications for
appropriation of water shall be canceled and all rights of the district in applications shall end.
History: 1978 c 744 s 35

APPEALS

110A.36 FINAL ORDER ON PETITION.
Any party aggrieved by a final order issued pursuant to section 110A.12 which approves or
dismisses a petition or which refuses or establishes a project or a district, may appeal as in other
civil cases. The appeal shall be made and perfected within 30 days after the filing of the order.
History: 1978 c 744 s 36; 1983 c 247 s 46