reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.211 — Auditor's Certification Of Petitioners.

103D.211 AUDITOR'S CERTIFICATION OF PETITIONERS.
An auditor that receives a copy of an establishment petition must determine if the petitioners are resident owners from the tax records. The tax records are prima facie evidence of ownership. The auditor must certify the number of petitioners that are resident owners and file the certification with the board.
History:
1990 c 391 art 4 s 8
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.215 — Director's Report.

103D.215 DIRECTOR'S REPORT.
(a) After receiving a copy of the establishment petition, the director must notify the board that an establishment petition has been received and prepare a preliminary watershed map of and a preliminary report about the watershed district.
(b) The preliminary watershed map must show the natural watershed boundaries within the proposed watershed district.
(c) The preliminary report must be based on the establishment petition and other available data and must recommend whether the watershed district should be established.
(d) The director must submit the preliminary report and the preliminary watershed map to the board within 30 days after the date the establishment petition was received by the director, unless the time is extended by the board.
History:
1990 c 391 art 4 s 9
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.221 — Establishment Hearing; Notice.

103D.221 ESTABLISHMENT HEARING; NOTICE.
Subdivision 1.
Order for hearing.
(a) After receiving an establishment petition, the board must determine whether the establishment petition has the requisite number of petitioner signatures.
(b) If the establishment petition does not have the requisite number of petitioners, the board must dismiss the establishment petition and return it to the petitioners with an explanation of why the petition was dismissed.
(c) If the board determines that an establishment petition has the requisite number of petitioner signatures, the board must, by order, set a time and location for a hearing on the establishment petition within 35 days after its determination. The hearing must be held within the limits of the proposed watershed district for an establishment hearing unless the board determines a suitable place is not located within the proposed watershed district and selects a place within the limits of a county affected by the proposed watershed district.
Subd. 2.
Notice.
(a) The board must give notice of the establishment hearing by publication in a legal newspaper that is published in counties affected by the proposed watershed district. The last publication must occur at least ten days before the establishment hearing.
(b) The board must give notice of the establishment hearing by mail to the auditors of counties and to the chief executive officials of municipalities affected by the proposed watershed district.
(c) The notice must include:
(1) a statement that an establishment petition has been filed with the board and auditors of counties affected by the proposed watershed district;
(2) a general description of the need for the proposed district, and the purpose of the proposed watershed district's contemplated improvements, if any;
(3) a general description of the property to be included in the proposed watershed district;
(4) the date, time, and location of hearing; and
(5) a statement that all persons affected or interested in the establishment of the proposed watershed district may attend and give statements at the establishment hearing.
History:
1990 c 391 art 4 s 10; 1995 c 199 s 4
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.231 — Dismissing Establishment Proceedings.

103D.231 DISMISSING ESTABLISHMENT PROCEEDINGS.
If the board determines that establishment of a proposed watershed district in an establishment petition would not benefit the public welfare and public interest, or would not serve the purpose of this chapter, the board must, by order, dismiss the establishment proceedings. A copy of the order dismissing the establishment proceeding must be mailed immediately to the auditors of counties affected by the proposed watershed district, the commissioner, and the director.
History:
1990 c 391 art 4 s 12
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.255 — Withdrawing Territory.

103D.255 WITHDRAWING TERRITORY.
Subdivision 1.
Petition.
(a) Proceedings to withdraw territory from an existing watershed district must be initiated by a petition filed with the board.
(b) The required signatures on a petition for withdrawal are the same as prescribed for an establishment petition, but the percentages must be calculated only with reference to the territory that is proposed to be withdrawn from the watershed district.
(c) The petition must state that:
(1) the territory described has not received or will not receive any benefits from the operation of the watershed districts;
(2) the watershed district can perform the functions for which it was established without the inclusion of the territory; and
(3) the territory is not, in fact, a part of the watershed.
(d) The petition must request the release of the described territory from the watershed district.
(e) The petition must be served on the board and any affected watershed district, and the board shall proceed as prescribed for an establishment petition. The requirements for notices and public hearings are as prescribed for the establishment petition.
Subd. 2.
Board's order of withdrawal.
(a) After the hearing the board may issue an order releasing the territory, or a part of the territory, as described in the petition, if the board determines that:
(1) the territory described in the petition has not received and will not receive any benefit from the operation of the watershed district;
(2) the watershed district can perform the functions for which it was established without the inclusion of the territory; and
(3) the territory is not, in fact, a part of the watershed.
(b) Property may not be released that has been determined subject to benefits or damages for a project previously constructed.
(c) Property released remains liable for the proportionate share of any indebtedness existing at the time of the order. Levies on the property released continue in force until fully paid.
(d) If the board determines that the order prescribing the distribution of managers should be amended following the withdrawal of any territory, the board may direct redistribution of managers in the order authorizing the withdrawal.
History:
1990 c 391 art 4 s 14; 1995 c 199 s 5
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.261 — Proceedings To Enlarge Watershed District.

103D.261 PROCEEDINGS TO ENLARGE WATERSHED DISTRICT.
Subdivision 1.
Petition.
(a) Proceedings to enlarge an existing watershed district must be initiated by a petition filed with the board. The required signatures on a petition to enlarge are the same as for an establishment petition, but the percentages must be calculated only with reference to the territory that is proposed to be added to the watershed district. The petition must:
(1) state that the area to be added is contiguous to the existing watershed district;
(2) state that the area can be feasibly administered by the managers of the existing watershed district;
(3) state reasons why adding the area to the existing watershed district would be conducive to the public health and welfare;
(4) include a map of the affected area;
(5) state the name of the proposed enlarged watershed district, if other than that of the existing watershed district; and
(6) state a request for the addition of the proposed territory.
(b) The petition must be served on the board and affected watershed districts, and the board must proceed as prescribed for an establishment petition.
(c) The requirement of notice and public hearings is as prescribed for the establishment petition.
Subd. 2.
Board order.
(a) After the hearing, if the board determines that the enlargement of the watershed district as asked for in the petition would be for the public welfare and public interest and the purpose of this chapter would be served, the board shall, by making findings and an order, enlarge the watershed district and file a certified copy of the findings and order with the secretary of state.
(b) The name of the watershed district may be changed by order of the board if requested in the petition to enlarge the watershed district.
Subd. 3.
Distribution of managers in enlarged watershed district.
If the enlarged watershed district affects more than one county, the distribution of the managers among the counties affected shall be as directed by the board in the order enlarging the watershed district.
History:
1990 c 391 art 4 s 15; 1995 c 199 s 6
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.265 — Consolidating Districts.

103D.265 CONSOLIDATING DISTRICTS.
Subdivision 1.
Petition.
(a) Proceedings for the consolidation of two or more watershed districts must be initiated by a petition filed with the board.
(b) The petition must be signed by each watershed district affected and state:
(1) the names of the watershed districts to be consolidated;
(2) that the watershed districts are adjoining;
(3) that the consolidated watershed districts can be feasibly administered as one watershed district;
(4) the proposed name of the consolidated watershed district;
(5) the reasons why it would be conducive to the public health, convenience and welfare to consolidate the watershed districts; and
(6) a request for the consolidation.
(c) The petition must be served and the board shall proceed as prescribed for an establishment petition. The requirement of notice and public hearings are as prescribed for the establishment petition.
Subd. 2.
Board's order and findings.
(a) After the hearing, if the board determines that consolidation of the watershed districts as asked in the petition would serve the public welfare, public interest, and the purpose of this chapter, the board shall, by its findings and order, consolidate the watershed districts.
(b) The board shall file a certified copy of the findings and order with the secretary of state.
(c) The name of the watershed district may be changed by order of the board.
Subd. 3.
New managers.
(a) The term of office of the managers of the consolidated watershed districts ends on the date of the order of consolidation. Distribution of the managers of the consolidated watershed district shall be as directed by the board in the order of consolidation.
(b) Five managers of the consolidated watershed district must be appointed from the managers of the consolidated watershed districts. Their first term shall be for one year. After the first year, the managers must be appointed as provided in this chapter.
Subd. 4.
Watershed district assets and liabilities.
(a) The real and personal property assets of the watershed districts involved and all legally valid and enforceable claims and contract obligations of the watershed districts pass to the new watershed district.
(b) Levies on the property of the watershed districts consolidated continue in force until fully paid.
(c) Property in the watershed districts remains liable for its proportionate share of indebtedness existing at the time of the order.
Subd. 5.
New plan.
The watershed management plans of the watershed districts that were consolidated become the watershed management plan of the consolidated watershed district.
History:
1990 c 391 art 4 s 16
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.301 — Distribution Of Manager Positions.

103D.301 DISTRIBUTION OF MANAGER POSITIONS.
Subdivision 1.
More than one affected county.
If more than one county is affected by a watershed district, the board must provide that managers are distributed by residence among the counties affected by the watershed district.
Subd. 2.
More than five affected counties.
If more than five counties are affected by a watershed district, the board may provide for the orderly distribution of the managers by identifying the manager areas within the watershed district and selecting the county board of commissioners for each manager's area to appoint a manager.
Subd. 3.
Redistribution.
(a) After ten years from the establishment of the watershed district, the county board of commissioners of a county affected by the watershed district may petition the board to redistribute the managers. After holding a public hearing on redistributing the managers, the board may redistribute the managers among the counties affected by the watershed district if the redistribution is in accordance with the policy and purposes of this chapter.
(b) A petition for the redistribution of managers may not be filed with the board more often than once in ten years.
(c) If more than one county is affected by a watershed district, the board must distribute the one-, two-, and three-year terms among counties affected by the watershed district.
History:
1990 c 391 art 4 s 18
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.305 — Increasing Number Of Managers.

103D.305 INCREASING NUMBER OF MANAGERS.
Subdivision 1.
Initiation.
A proceeding to increase the number of managers of a watershed district must be initiated by filing a petition with the board.
Subd. 2.
Petition signatures.
The petition to increase the number of managers must request the increase and be signed by one or more of the following groups:
(1) one-half or more of the counties within the watershed district;
(2) counties with 50 percent or more of the area within the watershed district;
(3) a majority or greater number of the cities within the watershed district;
(4) 50 or more resident owners residing in the watershed district, excluding resident owners within the corporate limits of a city if the city has signed the petition; or
(5) the managers of the watershed district.
Subd. 3.
Hearing order.
When the board receives a petition to increase the number of managers of a watershed district, the board must order a hearing on the petition.
Subd. 4.
Hearing notice.
(a) The board must give notice of the hearing to increase the number of managers by publication in a legal newspaper published in counties affected by the watershed district. The last publication must occur at least ten days before the hearing.
(b) The board must give notice of the hearing by mail to the auditors of counties and to the chief executive officials of municipalities affected by the watershed district.
(c) The notice must include:
(1) a statement that a petition to increase the number of managers of the watershed district has been filed with the board;
(2) a general description of the purpose of the watershed district;
(3) a general description of the property in the watershed district;
(4) the date, time, and location of the hearing; and
(5) a statement that all persons affected or interested in the watershed district may attend and give statements at the hearing.
Subd. 5.
Hearing.
(a) If the board determines at the hearing that an increase in the number of managers would benefit the public welfare, public interest, and the purpose of this chapter, the board must increase the number of managers.
(b) If the watershed district affects more than one county, the board, by order, must direct the distribution of the managers among the affected counties.
History:
1990 c 391 art 4 s 19; 1995 c 199 s 9
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.311 — Appointing Managers.

103D.311 APPOINTING MANAGERS.
Subdivision 1.
Manager qualifications.
A person may not be appointed as a manager who:
(1) is not a voting resident of the watershed district; and
(2) is a public officer of the county, state, or federal government, except that a soil and water conservation supervisor may be a manager.
Subd. 2.
Appointment.
(a) At least 30 days before the terms of office of the first managers named by the board expire, the county commissioners of each county responsible for appointing a manager to the watershed district must meet and appoint successors.
(b) The county commissioners must meet at least 30 days before the term of office of any manager expires and appoint a successor.
(c) A vacancy occurring in an office of a manager must be filled by the appointing county board.
(d) Appointing county boards shall provide public notice before making appointments. Published notice must be given at least once by publication in a newspaper of general circulation in the watershed district at least 15 days before an appointment or reappointment is made. The notice must state that persons interested in being appointed to serve as a watershed district manager may submit their names to the county board for consideration.
Subd. 3.
Nominees for city-initiated and metropolitan watershed districts.
(a) If the establishment petition that initiated the watershed district originated from a majority of the cities within the watershed district, the county commissioners must appoint the managers from a list of persons nominated by one or more of the townships and municipalities located within the watershed district. If the district is wholly within the metropolitan area, the county commissioners shall appoint the managers from a list of persons nominated jointly or severally by the towns and municipalities within the district. The list must contain at least three nominees for each manager's position to be filled. The list must be submitted to the county boards affected by the watershed district at least 60 days before the manager's term of office expires. The county commissioners may appoint any managers from towns and municipalities that fail to submit a list of nominees.
(b) If the list is not submitted 60 days before the managers' terms of office expire, the county commissioners must appoint the managers from eligible persons residing in the watershed district.
(c) Managers of a watershed district entirely within the metropolitan area must be appointed to fairly represent the various hydrologic areas within the watershed district by residence of the manager appointed.
Subd. 4.
Record of appointed managers.
A record of all appointments made under this section must be filed with the county auditor of each county affected by the watershed district, the secretary of the board of managers, and the Board of Water and Soil Resources.
History:
1990 c 391 art 4 s 20; 1990 c 601 s 3; 1992 c 466 s 1,2; 1995 c 199 s 10
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.321 — Principal Place Of Business.

103D.321 PRINCIPAL PLACE OF BUSINESS.
Subdivision 1.
Unavailable public facilities.
If public facilities are not available for a watershed district's principal place of business within the watershed district, the board shall determine and designate the nearest suitable public facility as the watershed district's principal place of business.
Subd. 2.
Change of principal place of business.
(a) The managers may initiate a change of the principal place of business to a different location within the watershed district by passing a resolution stating the proposed change of location. After passing the resolution, the managers must set a time and location for a hearing on the change of the principal place of business.
(b) The managers must give notice of the hearing by publication in a legal newspaper, published in the counties affected by the watershed district, with the last publication occurring at least ten days before the hearing. Notice of the hearing must be mailed to the auditors of counties affected by the watershed district ten days before the hearing. After the hearing, the managers may, by order, change the place of business.
(c) The change of the principal place of business of the watershed district is effective when a certified copy of the managers' order is filed with the secretary of state and the board.
History:
1990 c 391 art 4 s 22; 1995 c 199 s 14
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.325 — Employees.

103D.325 EMPLOYEES.
Subdivision 1.
Employment authority.
The managers may employ a chief engineer, professional assistants, and other employees, and provide for their qualifications, duties, and compensation.
Subd. 2.
Bond.
The managers may require an officer or employee of the watershed district to give a bond for the faithful performance of duties in an amount prescribed by the manager. The cost of the bond must be paid from the funds of the watershed district.
Subd. 3.
Chief engineer.
The chief engineer is superintendent of all the works and improvements undertaken by the district. The chief engineer must make a full engineer's report to the managers each year, and more often if necessary. A copy of the engineer's report and all recommendations by the chief engineer must be transmitted to the managers and the director.
Subd. 4.
Credit card use.
The managers may authorize the use of a credit card by any watershed district officer or employee otherwise authorized to make a purchase on behalf of the watershed district. If a watershed district officer or employee makes a purchase by credit card that is not approved by the managers, the officer or employee is personally liable for the amount of the purchase. A purchase by credit card must otherwise comply with all statutes, rules, or watershed district policy applicable to watershed district purchases.
History:
1990 c 391 art 4 s 23; 2007 c 57 art 1 s 106
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.331 — Advisory Committee.

103D.331 ADVISORY COMMITTEE.
Subdivision 1.
Purpose.
The managers must annually appoint an advisory committee to advise and assist the managers on all matters affecting the interests of the watershed district and make recommendations to the managers on all contemplated projects and improvements in the watershed district.
Subd. 1a.
Duties.
For purposes of carrying out its duties under this section the advisory committee shall:
(1) elect a chair from its membership;
(2) elect a recorder from its membership;
(3) establish a meeting schedule, which at a minimum meets annually;
(4) consider issues pertinent to the functions and purposes of the watershed district;
(5) review and comment on reports, minutes, activities, and proposed projects of the managers; and
(6) report to the managers the general content of advisory committee meetings and resulting recommendations.
Subd. 2.
Members.
(a) The advisory committee consists of at least five members. If practicable, the advisory committee members selected should include a representative from each soil and water conservation district, a representative of each county, a member of a sporting organization, and a member of a farm organization. Other advisory committee members may be appointed at the discretion of the managers. The members must be residents of the watershed district, except representatives from soil and water conservation districts and counties, and serve at the pleasure of the managers.
(b) In addition, the managers may appoint other interested and technical persons who may or may not reside within the watershed district to serve at the pleasure of the managers.
Subd. 3.
Expense reimbursement.
The managers may reimburse members of the advisory committee for actual traveling and other necessary expenses incurred in the performance of duties in the amount as provided for state employees.
History:
1990 c 391 art 4 s 24; 1995 c 199 s 15
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.337 — Technical Advisory Committees.

103D.337 TECHNICAL ADVISORY COMMITTEES.
For a district wholly within the metropolitan area, the board of managers shall establish a technical advisory committee consisting of representatives of affected statutory and home rule charter cities, counties, and soil and water conservation districts.
History:
1990 c 601 s 4
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.341 — Rules.

103D.341 RULES.
Subdivision 1.
Requirement.
The managers must adopt rules to accomplish the purposes of this chapter and to implement the powers of the managers.
Subd. 2.
Procedure.
(a) Rules of the watershed district must be adopted or amended by a majority vote of the managers, after public notice and hearing. Rules must be signed by the secretary of the board of managers and recorded in the board of managers' official minute book.
(b) Prior to adoption, the proposed rule or amendment to the rule must be submitted to the board for review and comment. The board's review shall be considered advisory. The board shall have 45 days from receipt of the proposed rule or amendment to the rule to provide its comments in writing to the watershed district. Proposed rules or amendments to the rule shall also be noticed for review and comment to all public transportation authorities that have jurisdiction within the watershed district at least 45 days prior to adoption. The public transportation authorities have 45 days from receipt of the proposed rule or amendment to the rule to provide comments in writing to the watershed district.
(c) For each county affected by the watershed district, the managers must publish a notice of hearings and adopted rules in one or more legal newspapers published in the county and generally circulated in the watershed district. The managers must also provide written notice of adopted or amended rules to public transportation authorities that have jurisdiction within the watershed district. The managers must file adopted rules with the county recorder of each county affected by the watershed district and the board.
(d) The managers must mail a copy of the rules to the governing body of each municipality affected by the watershed district.
Subd. 3.
Rule affecting city; notice.
A rule or resolution that affects land or water within the boundaries of a city is not effective within the city's boundaries until the governing body of the city is notified.
History:
1990 c 391 art 4 s 26; 1995 c 199 s 21; 2003 c 128 art 1 s 107
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.345 — Permits.

103D.345 PERMITS.
Subdivision 1.
Application fee.
A person applying for a permit required by the managers under a rule controlling the use and development of land in the floodplain, greenbelt, and open space areas of the watershed district must accompany the application with a permit application fee to defray the cost of recording and processing the application. The managers may set the fee not to exceed $10.
Subd. 2.
Field inspection fee.
The managers may charge, in addition, a field inspection fee of at least $35. The inspection fee must be used to cover actual costs related to a field inspection. Inspection costs include investigation of the area affected by the proposed activity, analysis of the proposed activity, services of a consultant, and any required subsequent monitoring of the proposed activity. Costs of monitoring an activity authorized by permit may be charged and collected as necessary after issuance of the permit.
Subd. 3.
Government agencies exempt.
The fees in subdivisions 1 and 2 may not be charged to the federal government, the state, or a political subdivision.
Subd. 4.
Bond.
The managers may require an applicant for a permit to file a bond with the managers in an amount set by the managers and conditioned on performance by the applicant of authorized activities in conformance with the terms of the permit.
Subd. 5.
Applicability of permit requirements to state.
A rule adopted by the managers that requires a permit for an activity applies to the Department of Transportation.
Subd. 6.
General permits.
A watershed district may issue general permits for public transportation projects for work on existing roads.
History:
1990 c 391 art 4 s 27; 1996 c 407 s 42; 2003 c 128 art 1 s 108
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.351 — Annual Report.

103D.351 ANNUAL REPORT.
(a) The managers must prepare a yearly report of the financial conditions of the watershed district, the status of all projects, the business transacted by the watershed district, other matters affecting the interests of the watershed district, and a discussion of the managers' plans for the succeeding year.
(b) Copies of the report must be transmitted to the Board of Water and Soil Resources, the commissioner, and the director within a reasonable time.
History:
1990 c 391 art 4 s 28; 1995 c 199 s 22
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.355 — Annual Audit.

103D.355 ANNUAL AUDIT.
Subdivision 1.
Requirement.
The managers must have an annual audit completed of the books and accounts of the watershed district. The annual audit may be made by a private certified public accountant or by the state auditor.
Subd. 2.
Audit by state auditor.
(a) An audit by the state auditor may be initiated by a petition of the resident owners of the watershed district or resolution of the managers of the watershed district. The petition must request an annual audit pursuant to the authority granted municipalities under sections 6.54 and 6.55. The state auditor may conduct such examinations of accounts and records as the state auditor may deem the public interest to demand.
(b) If the audit or examination is made by the state auditor, the watershed district receiving the examination must pay the state the total cost and expenses of the examination, including the salaries paid to the examiners while actually engaged in making the examination. The general fund must be credited with all collections made for examinations under this subdivision.
Subd. 3.
Reports for state auditor.
The managers must make and submit reports demanded by the state auditor.
History:
1990 c 391 art 4 s 29; 1992 c 466 s 4; 2008 c 200 s 21
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.411 — Amendment Of Watershed Management Plan And Revised Watershed Management Plan.

103D.411 AMENDMENT OF WATERSHED MANAGEMENT PLAN AND REVISED WATERSHED MANAGEMENT PLAN.
The managers may initiate an amendment of a watershed management plan or revised watershed management plan by submitting a petition with the proposed amendment to the board. The board must give notice and hold a hearing on the amendment in the same manner as for the watershed management plan. After the hearing, the board may, by order, approve or prescribe changes in the amendment. The amendment becomes part of the watershed management plan after approval by the board. The board must send the order and approved amendment to the entities that receive an approved watershed management plan under section 103D.401, subdivision 5.
History:
1990 c 391 art 4 s 32
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.605 — Project Constructed With Government Aid Or As Part Of Plan.

103D.605 PROJECT CONSTRUCTED WITH GOVERNMENT AID OR AS PART OF PLAN.
Subdivision 1.
Required procedure.
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 and director 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.
Establishment order.
After the project hearing, if the managers find that the project will be conducive to public health, will promote the general welfare, and complies with the watershed management plan and the provisions of this chapter, the managers must, by order, establish the project. The establishment order must include the findings of the managers.
History:
1990 c 391 art 4 s 45; 2023 c 60 art 5 s 14
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.615 — Emergency Projects.

103D.615 EMERGENCY PROJECTS.
Subdivision 1.
Declaration of emergency.
If the managers find that conditions exist that present a clear and imminent danger to the health or welfare of the people of the watershed district, and that to delay action would prejudice the interests of the people of the watershed district or would be likely to cause irreparable harm, the managers may declare the existence of an emergency and designate the location, nature, and extent of the emergency.
Subd. 2.
Project order.
If an emergency has been declared to the extent necessary to protect the interests of the watershed district, the managers may order that work be done under the direction of the managers and the engineer, without a contract.
Subd. 3.
Assessment.
The cost of work undertaken without a contract may be assessed against benefited properties or, if the cost is not more than 25 percent of the most recent administrative ad valorem levy of the watershed district and the work is found to be of common benefit to the watershed district, funding may be raised by an ad valorem tax levy upon all taxable property within the watershed district, or both.
History:
1990 c 391 art 4 s 47
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.621 — Drainage Improvements.

103D.621 DRAINAGE IMPROVEMENTS.
Subdivision 1.
Findings.
The legislature finds that because of urban growth and development in the metropolitan area problems arise for the improvement and repair of drainage systems which were originally established for the benefit of land used for agriculture. The procedure for improvement and repair of drainage systems now in the metropolitan area should be simplified to more adequately and economically improve and repair drainage systems.
Subd. 2.
Definitions.
(a) The terms in this section have the meanings given them in this subdivision.
(b) "Drainage system" has the meaning given in section 103E.005, subdivision 12.
(c) "Watershed district" means any watershed district established under this chapter, wholly or partially in a metropolitan county.
(d) "Metropolitan county" means any one of the following counties: Anoka, Carver, Dakota, Hennepin, Ramsey, Scott, or Washington.
(e) "Metropolitan area" means the combined area of the metropolitan counties.
Subd. 3.
Drainage improvements.
With the concurrence of the governing bodies of the cities and the town boards of the towns where the drainage system is located, the managers of a watershed district where there is a drainage system may improve and repair any drainage system transferred to the watershed district under section 103D.625 by conforming to sections 429.031; 429.041, subdivisions 1 and 2; 429.051; 429.061; and 429.071.
Subd. 4.
Alternative power.
With the concurrence of the governing bodies of the cities and the town boards of the towns where the drainage system is located, the managers may improve and repair a drainage system under the power granted to them in this chapter notwithstanding any provision of chapter 103E.
Subd. 5.
Appeal.
A person aggrieved by an order for improvement or repair by the managers or by an assessment may appeal as provided in sections 103D.535 and 103D.541.
History:
1990 c 391 art 4 s 48; 1995 c 199 s 36
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.625 — Drainage Systems In Watershed District.

103D.625 DRAINAGE SYSTEMS IN WATERSHED DISTRICT.
Subdivision 1.
Duty to assume drainage systems.
(a) The managers shall take over a joint county or county drainage system within the watershed district and the right to repair and maintain the drainage system if directed by a joint county drainage authority or a county board. The transfer may be initiated by:
(1) the joint county drainage authority or county board;
(2) a petition from a person interested in the drainage system; or
(3) the managers.
(b) The transfer may not be made until the joint county drainage authority or county board has held a hearing on the transfer. Notice of the proposed transfer with the time and place of hearing must be given by two weeks' published notice in a legal newspaper of general circulation in the area where the transfer is to occur. All interested persons may appear and be heard.
(c) After the hearing, the joint county drainage authority or county board shall order the watershed district to take over the joint county or county drainage system, unless it appears that the takeover would not serve the purpose of this chapter and would not be for the public welfare or be in the public interest.
Subd. 2.
Status of assumed drainage systems.
A joint county or county drainage system that is taken over in whole or in part is part of the works of the watershed district to the extent taken over.
Subd. 3.
Procedure for repair or improvement.
After the transfer is ordered, all proceedings for repair and maintenance must conform to chapter 103E, except for repairs and maintenance done pursuant to section 103D.621, subdivision 4.
Subd. 4.
Construction or improvement.
Construction of new drainage systems or improvements of existing drainage systems in the watershed district must be initiated by filing a petition with the managers. The proceedings for the construction or improvement of drainage systems in the watershed district must conform to chapter 103E, except for repairs and maintenance done pursuant to section 103D.621, subdivision 4.
History:
1990 c 391 art 4 s 49; 1995 c 199 s 37,38
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.631 — Maintaining Projects.

103D.631 MAINTAINING PROJECTS.
Subdivision 1.
Maintenance required.
The managers are responsible for maintaining the projects of the watershed district in a condition so that they will accomplish the purposes for which they were constructed.
Subd. 2.
Maintenance fund.
(a) The cost of normal or routine maintenance of the projects of the watershed district, and the cost of removing obstructions and accumulations of foreign substances from a drainage system, shall be paid from the maintenance fund on the order of the managers.
(b) The managers may assess all the parcels of property and municipal corporations previously assessed for benefits in proceedings for the construction or implementation of the project, to establish a maintenance fund for the project. The assessment must be made pro rata according to benefits determined. An assessment for the benefit of the maintenance fund may not be made when the fund exceeds 20 percent of the original cost of construction or implementation of the project. The auditors of the affected counties shall file a tabular lien statement covering the assessment in the office of the county recorder for the county when the assessment order from the managers is received.
(c) The assessment shall be collected as provided in the order in the same manner as provided in section 103E.731.
(d) Before ordering the levy of an assessment for the benefit of the maintenance fund, the managers may give notice of a hearing on making the assessment and establishing the maintenance fund.
History:
1990 c 391 art 4 s 50; 1995 c 199 s 39
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.635 — Repairs And Improvements Exceeding Normal Maintenance.

103D.635 REPAIRS AND IMPROVEMENTS EXCEEDING NORMAL MAINTENANCE.
Subdivision 1.
Technical and cost specifications.
The managers shall order the engineer to prepare and submit to the managers technical and cost specifications on the work necessary to restore or improve the project to the desired level of operating efficiency before ordering repairs other than normal and routine maintenance if the engineer certifies to the managers, in the annual report or otherwise, that:
(1) a project of the watershed district is in such a state of disrepair that the project cannot be restored by normal and routine maintenance to the same condition as when it was originally constructed or subsequently improved;
(2) a ditch or channel must be widened or deepened; or
(3) a project of the watershed district must be altered or improved to attain the level of operating efficiency contemplated at the time of the original construction or implementation.
Subd. 2.
Hearing.
The managers shall set a date for a hearing on the report and give notice of the hearing in the same manner as in the original proceeding on the construction of the improvement after receiving the engineer's report.
Subd. 3.
Assessment.
(a) The managers may order the repair or improvement and assess the cost against the benefited properties if, after a hearing, the managers find that the repair or improvement is in compliance with the plan, is necessary to accomplish the purposes of this chapter, and that the cost of the repair or improvement will not exceed its benefits. The cost of the repair or improvement shall be apportioned and assessed pro rata upon all property that was assessed for the construction or implementation of the project.
(b) A single levy for the repair or improvement may not exceed the amount of benefits originally determined. The managers shall file a copy of the order for levy with the auditor of each affected county. The auditor shall extend the levy against affected properties as in proceedings for the levy, assessment, and collection of assessments in drainage proceedings conducted under sections 103E.601 to 103E.631.
History:
1990 c 391 art 4 s 51; 1995 c 199 s 40,41
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.641 — Work Without Bid.

103D.641 WORK WITHOUT BID.
If the managers find that the estimated cost of repair, including all fees and costs incurred for proceedings relating to it, is less than $25,000, the managers may have the work done by contract without advertising for bids.
History:
1990 c 391 art 4 s 52; 1998 c 312 s 3; 2019 c 50 art 1 s 28
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.701 — Project Initiation.

103D.701 PROJECT INITIATION.
Projects may not be initiated until the board approves a watershed management plan for the watershed district. The projects of the watershed district that are to be paid for by assessment of the benefited properties must be initiated:
(1) by a project petition filed with the managers;
(2) by unanimous resolution of the managers; or
(3) as otherwise prescribed by this chapter.
History:
1990 c 391 art 4 s 53
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.715 — Appraisers; Determining Benefits And Damages.

103D.715 APPRAISERS; DETERMINING BENEFITS AND DAMAGES.
Subdivision 1.
Appointment.
After the engineer's report is filed, the managers shall, with the least possible delay, appoint three disinterested resident owners of the state as appraisers.
Subd. 2.
Oath.
An appraiser must subscribe to an oath to faithfully and impartially perform the appraiser's duties.
Subd. 3.
Duties.
The appraisers shall with or without the engineer determine the benefits and damages to property affected by the proposed project, including property owned by the state or a state agency, highways, and other property likely to be affected by the proposed project or that may be used or taken for construction, implementation, or maintenance.
Subd. 4.
Benefits and damages to state land.
For all watershed district projects, benefits and damages to property owned by the state or a state agency, held and used for the purposes described in sections 103E.025 and 103E.315, subdivision 1, must be determined using the procedure provided in sections 103E.025 and 103E.315, subdivision 1. If a state permit is required from the commissioner to construct the project, state land may not be taken, damaged, or benefited until the permit is issued.
Subd. 5.
Compensation.
An appraiser may be paid on a per diem basis for each day the appraiser is necessarily engaged in the performance of duties and for actual and necessary expenses. The compensation shall be set by the managers, paid by the watershed district, and included in the cost of the project.
History:
1990 c 391 art 4 s 56; 1995 c 199 s 44,45
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.721 — Managers; Determining Benefits And Damages.

103D.721 MANAGERS; DETERMINING BENEFITS AND DAMAGES.
Subdivision 1.
Authority.
The managers may, in their discretion, use the procedure in this section to determine benefits and damages.
Subd. 2.
Determination.
After the engineer's report is filed, the managers, with the assistance of the engineer, shall determine the benefits or damages to the property affected by the proposed project, including property owned by the state or a state agency, highways, and other property likely to be affected by the proposed improvement or that may be used or taken for construction, implementation, or maintenance.
Subd. 3.
State property.
For all watershed district projects, benefits and damages to property owned by the state or a state agency that is held and used for the purposes described in sections 103E.025 and 103E.315, subdivision 1, shall be determined using the procedure provided in sections 103E.025 and 103E.315, subdivision 1. If a state permit is required from the commissioner to construct the project, state land may not be taken, damaged, or benefited until the permit is issued.
Subd. 4.
Water management assessment portion.
The managers must determine the amount to be paid and generally assessed by the watershed district for the basic water management portion of the improvement projects.
History:
1990 c 391 art 4 s 57; 1995 c 199 s 46,47