2004 Minnesota Statutes

     103D.605 Project constructed with government aid or as 
  part of plan. 

    Subdivision 1.    Procedure requirement.  The procedure 
 in this section must be followed if:  

    (1) a project is to be constructed within the watershed 
 district under an agreement between the managers and the state 
 or federal government and the cost of the project is to be paid 
 for in whole or in part by the state or federal government, but 
 the rights-of-way and the cost of the project are assumed by the 
 watershed district; or 

    (2) the managers are undertaking all or a portion of the 
 basic water management project as identified in the watershed 
 management plan.  

    Subd. 2.    Board's and director's reports.  A copy of 
 the project plan must be transmitted to the board and the 
 director.  The board and the director must review the project 
 plan and prepare reports on the project.  The reports must be 
 transmitted to the managers.  

    Subd. 3.    Project hearing notice.  (a) After receiving 
 the board's and the director's reports, the managers must set a 
 time and location for a hearing on the proposed project.  

    (b) The project hearing notice must state: 

    (1) the time and location of the project hearing; 

    (2) the general nature of the proposed project; 

    (3) the estimated cost of the proposed project; and 

    (4) the method by which the cost of the proposed project is 
 to be paid, including the cost to be allocated to each affected 
 municipality or the state government.  

    (c) The managers must give notice by publication before the 
 date of the hearing in a legal newspaper, published in the 
 counties where property is to be improved by the proposed 
 project.  The last publication must occur between 30 days and 
 ten days before the project hearing.  

    (d) At least ten days before the project hearing, notice by 
 mail must be given to the director and the municipalities 
 entirely or partly within the project area.  

    (e) Failure to give mailed notice or defects in the notice 
 do not invalidate the proceedings.  

    Subd. 4.    Project hearing.  At the project hearing, 
 the managers must hear all parties interested in the proposed 
 project.  

    Subd. 5.    Project establishment.  After the project 
 hearing, if the managers find that the project will be conducive 
 to public health, promote the general welfare, and is in 
 compliance with the watershed management plan and the provisions 
 of this chapter, the board must, by order, establish the 
 project.  The establishment order must include the findings of 
 the managers.  

    HIST: 1990 c 391 art 4 s 45