reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.725 — Benefited Property; Determination.

103D.725 BENEFITED PROPERTY; DETERMINATION.
Subdivision 1.
Appraiser standards.
If the proposed project includes the construction or improvement of a ditch, stream, river, or watercourse, or structures for the control or alleviation of damages from floodwaters, the appraisers shall be governed by sections 103E.311 to 103E.321.
Subd. 2.
Determining benefits.
In proceedings under this chapter, assessments for benefits shall be made based on the benefits to the property because of the project affecting the property. Benefited property must include:
(1) all property, including property owned by the state or a political subdivision receiving direct benefits, including assessments for drainage, recreation, commercial navigation, disposal of sewage or waste material, bank stabilization, flood control, land reclamation, prevention of siltation, control of erosion, and maintenance of lake levels;
(2) all property that is contributing water or is furnished an improved drainage outlet and all property that contributes waters that are stored, handled, or controlled by the proposed project;
(3) all property that is not receiving but needs drainage and that is furnishing waters handled or controlled by the proposed project;
(4) benefits to the state by reason of the improvement of lakes, streams, or other bodies of water as a place for propagation, protection, and preservation of fish and other forms of wildlife, that are assessable against the state to the extent and in the manner provided in section 84A.55, subdivision 9, and within the available appropriation;
(5) benefits to municipal corporations that occur to the property in the municipality generally and that may be in addition to special benefits to specific property within the municipality; and
(6) benefits that will result to property used for railway or other utility purposes.
History:
1990 c 391 art 4 s 58
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.729 — Water Management District.

103D.729 WATER MANAGEMENT DISTRICT.
Subdivision 1.
Establishment.
A watershed district may establish a water management district or districts in the territory within the watershed, for the purpose of collecting revenues and paying the costs of projects initiated under section 103B.231, 103D.601, 103D.605, 103D.611, or 103D.730.
Subd. 2.
Procedure.
A watershed district may establish a water management district only by amendment to its plan in accordance with section 103D.411, or 103B.231 for watershed districts in the metropolitan area, and compliance with subdivisions 3 and 4. The amendment shall describe with particularity the territory or the area to be included in the water management district, the amount of the necessary charges, the methods used to determine charges, and the length of time the water management district will remain in force. After adoption the amendment shall be filed with the county auditor and county recorder of each county affected by the water management district. The water management district may be dissolved by the procedure prescribed for the establishment of the water management district.
Subd. 3.
Notification.
The managers shall, ten days prior to a hearing or decision on projects implemented under this section, provide notice to the city, town, or county within the affected area. The city, town, or county receiving notice shall submit to the managers concerns relating to the implementation of the project. The managers shall consider the concerns of the city, town, or county in the decision on the project.
Subd. 4.
Resolving disputes.
Unresolved differences between local governments and the managers may be brought before the committee on dispute resolution under section 103B.101, subdivision 10. Within 45 days of receiving the request for dispute resolution, the committee must consider the concerns of the local government. The committee has 30 days after meeting to issue a recommendation to the board for final decision.
History:
1996 c 471 art 8 s 1
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.730 — Stormwater Facilities.

103D.730 STORMWATER FACILITIES.
(a) Any watershed district may build, construct, reconstruct, repair, enlarge, improve, or in any other manner obtain stormwater systems, including mains, holding areas and ponds, and other appurtenances and related facilities for the collection and disposal of stormwater, maintain and operate the facilities, and acquire by gift, purchase, lease, condemnation, or otherwise any and all land and easements required for that purpose.
(b) The authority granted is in addition to all other powers with reference to the facilities otherwise granted by the laws of this state or by this chapter.
History:
1996 c 471 art 8 s 2
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.731 — Appraisers' Report; Examination.

103D.731 APPRAISERS' REPORT; EXAMINATION.
(a) The appraisers shall prepare an appraisers' report of the benefits and damages determined and file the report with the managers.
(b) After the appraisers' report is filed, the managers shall examine the report and determine whether:
(1) the report was made in conformity with the requirements of this chapter; and
(2) the total benefits are greater than the total estimated costs and damages.
(c) If the managers determine the appraisers' report is inadequate in any manner, the managers may return the report to the appraisers for further study and report.
History:
1990 c 391 art 4 s 59
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.735 — Hearing On Petition And Reports.

103D.735 HEARING ON PETITION AND REPORTS.
(a) The managers shall order a final hearing by 35 days after:
(1) the engineer's report is filed;
(2) the appraisers' report is filed; and
(3) the director's advisory report and the board's advisory report are filed or the time for that filing has expired.
(b) The order for a final hearing must set a time and place within the watershed district for a hearing upon the petition or resolution and reports.
History:
1990 c 391 art 4 s 60
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.745 — Final Hearing.

103D.745 FINAL HEARING.
Subdivision 1.
Hearing.
(a) At the time and place specified in the final hearing notice, the managers must hear all parties interested for and against the establishment of the proposed project and confirm the engineer's report and the appraisers' report.
(b) Questions about the proposed project including jurisdiction, sufficiency of the petition or resolution, practicability, and necessity shall be determined by evidence presented at the hearing. Findings made by the managers before the final hearing are not conclusive but are subject to further investigation, consideration, and determination at the final hearing.
Subd. 2.
Modifying reports.
(a) The managers may order and direct the modification of:
(1) the engineer's report within the scope of the watershed management plan for the watershed district;
(2) the assessment of benefits and damages; and
(3) amendment or change of the list of property reported as assessable for construction or implementation and maintenance.
(b) If the amended engineer's report and appraisers' report includes property not included in the original reports, the managers shall adjourn the hearing and have an amended notice published and mailed with the proper reference to all property as amended by the managers.
Subd. 3.
Establishing project.
(a) The managers shall make findings, order and direct construction or implementation of the project, and confirm the engineer's report and the findings of the appraisers and the appraisers' report if, at the end of the final hearing, the managers find that the project will:
(1) be conducive to public health;
(2) promote the general welfare;
(3) be in compliance with this chapter; and
(4) result in benefits that will be greater than the cost of the construction or implementation and damages.
(b) The order may authorize the construction or implementation of the project as a whole or authorize different parts of the project to be constructed separately.
(c) The managers shall order the engineer to proceed with making the necessary surveys and preparing plans and specifications that are needed to construct the project and report the results of the surveys and plans to the managers.
Subd. 4.
Recess until awarding contract.
The final hearing shall be recessed until the engineer's report and the bids are received. The hearing may be recessed to allow compliance with section 103D.801 if it becomes applicable.
History:
1990 c 391 art 4 s 62; 1995 c 199 s 49,50
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.801 — Procedure When Contract Is Not Let.

103D.801 PROCEDURE WHEN CONTRACT IS NOT LET.
If all of the bids received are for a price more than 30 percent greater than the engineer's estimate in the engineer's report, or for a price in excess of the benefits less damages and other costs, the managers shall follow the procedure described in section 103E.511.
History:
1990 c 391 art 4 s 63
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.805 — Filing Managers' Order Establishing Project.

103D.805 FILING MANAGERS' ORDER ESTABLISHING PROJECT.
An order of the managers establishing the project and authorizing construction must immediately be filed with the secretary of the watershed district, and a certified copy of the order must be filed with the auditor of each county affected, the board, the commissioner, the director, the Pollution Control Agency, and the commissioner of health.
History:
1990 c 391 art 4 s 64
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.811 — Bids For Construction.

103D.811 BIDS FOR CONSTRUCTION.
Subdivision 1.
Call for bids.
After an establishment order has been made by the managers directing the establishment of a project, the managers shall call for bids for the construction or implementation of the work and give notice by publication specifying the time and place when the bids will be opened for awarding a contract for the construction or implementation of the project. The contract may be awarded in sections or as a whole, as directed by the managers.
Subd. 2.
Bid notice.
A bid notice shall be published in at least one of the newspapers in the state where notices are usually published.
Subd. 3.
Awarding contract.
(a) At a time and place specified in the bid notice, the managers may accept or reject any or all bids and may award the contract to the lowest responsible bidder. The bidder to whom the contract is to be awarded must give a bond, with ample security, conditioned by satisfactory completion of the contract.
(b) Bids must not be considered which in the aggregate exceed by more than 30 percent the total estimated cost of construction or implementation.
(c) As an alternative to the procurement method described in paragraph (a), the managers may issue a request for proposals and award the contract to the vendor or contractor offering the best value as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
(d) The contract must be in writing and be accompanied by or refer to the plans and specifications for the work to be done as prepared by the engineer for the watershed district. The plans and specifications shall become a part of the contract.
(e) The contract shall be approved by the managers and signed by the president, secretary, and contractor.
History:
1990 c 391 art 4 s 65; 1995 c 199 s 51,52; 2007 c 148 art 3 s 9
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.815 — Controlling Contracts.

103D.815 CONTROLLING CONTRACTS.
Subdivision 1.
Manager control of contracts.
The managers have full control of contracts of the watershed district and matters pertaining to the contracts.
Subd. 2.
Extending contracts.
If a contractor fails to complete a project within the time or in the manner specified in the contract, the managers may:
(1) extend the time for completion;
(2) refuse an extension of time;
(3) cancel the contract, readvertise, and award a new contract;
(4) require surety for the contractor to complete the project;
(5) proceed to have the contract otherwise completed at the expense of the contractor and the surety; or
(6) take other action with reference to the contract in the interest of the watershed district.
Subd. 3.
Engineer authority over contractor.
Applicable provisions of chapter 103E govern the relations between the engineer and the contractor, including the examination and report of the engineer and the amount and time of payment.
Subd. 4.
Expense record.
(a) The managers shall keep an accurate account of all expenses incurred, including:
(1) the compensation of the engineer and the engineer's assistants;
(2) the compensation and expenses of the appraisers as provided in section 103D.715, subdivision 5;
(3) the compensation of the petitioners' attorney;
(4) the cost of petitioners' bond;
(5) the fees of all county officials necessitated by the project, which are in addition to all fees otherwise allowed by law; and
(6) the time and expenses of all employees of the watershed district, including the expenses of the managers, while engaged in an authorized project.
(b) Fees and expenses shall be audited, allowed, and paid upon the order of the managers and shall be charged to and be treated as a part of the cost of the project.
History:
1990 c 391 art 4 s 66
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.821 — Bridge Or Grade Removal; Passage Of Equipment.

103D.821 BRIDGE OR GRADE REMOVAL; PASSAGE OF EQUIPMENT.
Subdivision 1.
Notice.
If it is necessary to pass a dredge or other equipment through a bridge or grade of a highway or railroad owned by a corporation, county, town, or municipality, the managers shall give notice to the owner of the bridge or grade by 20 days before the removal so the bridge or grade may be removed temporarily to allow the passage of the equipment, or an agreement may be immediately entered into to allow the passage.
Subd. 2.
Cost paid by watershed district.
The owner of the bridge or grade shall keep an itemized account of the cost of removal and if necessary, of replacing of the bridge or grade. The actual cost must be paid by the watershed district.
Subd. 3.
Managers may remove bridge or grade.
If the owner of the bridge or grade refuses to provide for the passage of the equipment, the managers may remove the bridge or grade at the expense of the watershed district, interrupting traffic in the least degree consistent with good work and without delay or unnecessary damage.
Subd. 4.
Owners liable for delay.
If the managers are prevented from moving the equipment, the owner of the bridge or grade is liable for the damages resulting from the delay.
History:
1990 c 391 art 4 s 67
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.911 — Budget.

103D.911 BUDGET.
Subdivision 1.
Hearing.
(a) Before adopting a budget, the managers shall hold a public hearing on the proposed budget.
(b) The managers shall publish a notice of the hearing with a summary of the proposed budget in one or more newspapers of general circulation in each county consisting of part of the watershed district. The notice and summary shall be published once each week for two successive weeks before the hearing. The last publication shall be at least two days before the hearing.
Subd. 2.
Adoption.
On or before September 15 of each year, the managers shall adopt a budget for the next year and decide on the total amount necessary to be raised from ad valorem tax levies to meet the watershed district's budget.
History:
1990 c 391 art 4 s 70; 1994 c 416 art 1 s 2
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.915 — Tax Levy.

103D.915 TAX LEVY.
Subdivision 1.
Certification to auditor.
After adoption of the budget and no later than September 15, the secretary of the watershed district shall certify to the auditor of each county within the watershed district the county's share of the tax, which shall be an amount bearing the same proportion to the total levy as the net tax capacity of the area of the county within the watershed bears to the net tax capacity of the entire watershed district. The maximum amount of a levy may not exceed the amount provided in section 103D.905.
Subd. 2.
Levy.
The auditor of each county in the watershed district shall add the amount of a levy made by the managers to the other tax levies on the property of the county within the watershed district for collection by the county treasurer with other taxes. The county treasurer shall make settlement of the taxes collected with the treasurer of the watershed district in the same manner as other taxes are distributed to the other political subdivisions. The levy authorized by this section is in addition to other county taxes authorized by law.
History:
1990 c 391 art 4 s 71; 1994 c 416 art 1 s 3
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.921 — District Court To Create Preliminary Fund.

103D.921 DISTRICT COURT TO CREATE PRELIMINARY FUND.
Subdivision 1.
Petition.
(a) If a petition has been filed with the managers for the construction or implementation of a project within the watershed district, the managers may file a petition with the district court in the county where the watershed district has its principal place of business asking that a preliminary expense fund be created for the watershed district.
(b) The managers may subsequently amend or supplement the petition if necessary. At least ten days' notice of a petition or amended or supplementary petition must be given to the auditor of each county affected by the proposed project.
(c) The preliminary fund must be of a size that is proportionate to the needs of the watershed district for preliminary work on the proposed project.
Subd. 2.
Court order of amount.
The district court after the hearing may designate the amount of the fund and set the proportionate amount that each county affected by the improvement shall pay, in proportion to the area in the county affected by the proposed project. The court shall order the auditor of each county to draw a warrant on the treasurer of the county for the payment of the amount specified in the order, payable to the treasurer of the watershed district. The sum advanced by the county shall be charged to the watershed district and must be repaid with interest as soon as the watershed district has funds for that purpose.
Subd. 3.
Using fund.
The preliminary fund must be used by the managers for preliminary work. If the managers incur expenses for surveys or other preliminary work on a proposed project, all expenses connected with the work shall be included in the cost of construction or implementation of the proposed project. If construction or implementation of the project is authorized by the managers, the money advanced from the preliminary fund shall be repaid from assessments for the project.
Subd. 4.
Appropriations from governmental bodies.
The state, state agencies, and political subdivisions may appropriate money necessary to pay their proportionate share of the preliminary expenses, determined by the managers according to the benefits that will probably accrue from the proposed project.
Subd. 5.
Preliminary fund.
The district court may order a preliminary fund for all works of the watershed district instituted under section 103D.701.
History:
1990 c 391 art 4 s 72; 1995 c 199 s 58,59
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.925 — Warrants.

103D.925 WARRANTS.
The managers may issue warrants of the watershed district to pay contracts for the construction or implementation of projects, ordinary general expenses, and expenses incurred in making repairs that have been approved by the managers, only if there are sufficient funds available for payment in the watershed district treasury.
History:
1990 c 391 art 4 s 73; 1995 c 199 s 60
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.011 — Drainage Authority Powers.

103E.011 DRAINAGE AUTHORITY POWERS.
Subdivision 1.
Generally.
The drainage authority may make orders to:
(1) construct and maintain drainage systems;
(2) deepen, widen, straighten, or change the channel or bed of a natural waterway that is part of the drainage system or is located at the outlet of a drainage system;
(3) extend a drainage system into or through a municipality for a suitable outlet; and
(4) construct necessary dikes, dams, and control structures and power appliances, pumps, and pumping machinery as provided by law.
Subd. 2.
Draining water basins and watercourses.
A drainage authority may not drain a water body or begin work or activity regulated by the public-waters-work permit requirement under section 103G.245 in a watercourse until the commissioner determines that the water body or watercourse is not public waters. If a water body or watercourse is determined to be public waters, the drainage proceedings are subject to section 103G.211 relating to replacing public waters and the water bank program.
Subd. 3.
Commissioner's permission; work in public waters; application.
(a) The drainage authority must receive permission from the commissioner to:
(1) remove, construct, or alter a dam affecting public waters;
(2) establish, raise, or lower the level of public waters; or
(3) drain any portion of a public water.
(b) The petitioners for a proposed drainage project or the drainage authority may apply to the commissioner for permission to do work in public waters or for the determination of public waters status of a water body or watercourse.
Subd. 4.
Flood control.
The drainage authority may construct necessary dams, structures, and improvements and maintain them to impound and release floodwater to prevent damage. The dams, structures, and improvements may be constructed with or without a drainage project. For a water body or watercourse that is not public waters the drainage authority may:
(1) lower or establish the level of water in the water body or watercourse to control floodwaters;
(2) build structures and improvements to maintain a water body or watercourse for flood control or other public purposes; and
(3) construct dikes or dams in a water body to maintain water at the level designated by the drainage authority and to drain part of the water body.
Subd. 5.
Using external sources of funding.
Notwithstanding other provisions of this chapter, a drainage authority may accept and use funds from sources other than, or in addition to, those derived from assessments based on the benefits of the drainage system for the purposes of wetland preservation or restoration or creation of water quality improvements or flood control. The sources of funding authorized under this subdivision may also be used outside the benefited area but must be within the watershed of the drainage system.
History:
1990 c 391 art 5 s 2; 2000 c 488 art 3 s 27; 2018 c 182 art 1 s 10
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.025 — Procedure For Drainage Project That Affects State Land Or Water Area Used For Conservation.

103E.025 PROCEDURE FOR DRAINAGE PROJECT THAT AFFECTS STATE LAND OR WATER AREA USED FOR CONSERVATION.
Subdivision 1.
Applicability.
If a land or water area owned by the state and held or used to protect or propagate wild animals, provide hunting or fishing for the public, or for any other purpose relating to the conservation, development, or use of soil, water, forests, wild animals, or related natural resources will be affected by any public project or proceeding for drainage under any law, all procedures relating to the project or proceeding are subject to this section, if applicable.
Subd. 2.
Conditions to take or damage state land and water areas.
(a) Any part of the state land or water area may be taken or damaged for a public project after payment of just compensation as provided by law and under the provisions of this subdivision.
(b) The authority having jurisdiction of the drainage project or proceeding shall first find and determine that there is public necessity for the taking or damage that is greater than the public interest in the purposes for which the affected land and water areas are held or used by the state.
(c) In determining the compensation to be paid for the taking or damage, the authority must give proper consideration to the value of the land and water area for the purposes it is held or used by the state and other material elements of value.
(d) Public waters may not be taken, damaged, or impaired except as otherwise expressly authorized by law, and a provision of any other law for the protection or conservation of public waters may not be abridged or superseded by this subdivision.
Subd. 3.
Considerations in determining benefits.
In determining benefits to the state land or water area in any proceeding to levy assessments or offset benefits against damages, proper consideration must be given to the value of the area for the purpose it is held or used by the state, with other material elements of value.
Subd. 4.
Amounts paid to state.
Any amounts paid to the state for taking or damaging the state land or water area in a proceeding must be credited to the proper account for acquisition, development, or maintenance of the areas, and the amount is appropriated to the commissioner for those purposes to remain available until expended.
Subd. 5.
Money to pay assessments.
Assessments for benefits made against the state land or water area in a proceeding must be paid out of money appropriated and available to pay assessments as provided by law.
History:
1990 c 391 art 5 s 5
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.031 — Connection With Drains In Adjoining States.

103E.031 CONNECTION WITH DRAINS IN ADJOINING STATES.
Subdivision 1.
Procedure.
If it is necessary to construct a drainage project at or near the boundary between this state and another state or country and the work cannot be done in a proper manner without extending the drainage project into the adjoining state or country, the drainage authority may join with the board or tribunal of the adjoining state or country having jurisdiction to plan and construct public drainage systems. The drainage authority in this state may enter into contracts or arrangements with the board or tribunal of the adjoining state or country to construct the drainage project. The proceeding and construction related to property in this state and, as applicable, the drainage authority in relation to the joint drainage work, are governed by this chapter.
Subd. 2.
Paying costs.
The adjoining county or district in another state or country must pay its proper share of the necessary costs of the construction of any drainage work including damages. If the benefits to property in the adjoining state or country are not sufficient to pay all the costs of construction of the drainage project in that state or country, including damages, the drainage authority may authorize or direct the affected counties to contribute sufficient funds to complete the construction of the drainage project in the adjoining state or country, if the construction will be of sufficient benefit to the affected property in this state to warrant the contribution.
History:
1990 c 391 art 5 s 6
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.035 — Defective Notice.

103E.035 DEFECTIVE NOTICE.
If notice is required under this chapter and proper notice has been given to some parties but the notice is defective or not given to other parties, the drainage authority has jurisdiction of all parties that received proper notice. The proceedings may be continued by order of the drainage authority for the time necessary to publish, post, or mail a new notice. The new notice needs only be given to those not properly notified by the first notice.
History:
1990 c 391 art 5 s 7
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.041 — Personal Service In Lieu Of Other Methods Of Notice.

103E.041 PERSONAL SERVICE IN LIEU OF OTHER METHODS OF NOTICE.
If notice is to be given under this chapter, personal service at least ten days before the date of hearing may be given in lieu of the manner provided. The notice must be served in the manner provided for the service of summons in a civil action in district court.
History:
1990 c 391 art 5 s 8
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.043 — Informal Meetings.

103E.043 INFORMAL MEETINGS.
A drainage authority may hold informal meetings in addition to the meetings and hearings required in this chapter to inform persons affected by the drainage system about the drainage proceedings and provide a forum for informal discussions.
History:
1990 c 391 art 5 s 9
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.045 — Failure To Attend Hearings; Drainage Authority.

103E.045 FAILURE TO ATTEND HEARINGS; DRAINAGE AUTHORITY.
If an order has been made and notice for a hearing given under this chapter, and the drainage authority does not appear at the time and place specified for any reason, the auditor shall continue the hearing to a date set by the auditor. The auditor shall notify the drainage authority of the continuance and the date of hearing. The jurisdiction is continued until the date set by the auditor.
History:
1990 c 391 art 5 s 10
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.051 — Defective Proceedings.

103E.051 DEFECTIVE PROCEEDINGS.
(a) A party may not take advantage of an error in a drainage proceeding or an informality, error, or defect appearing in the record of the proceeding or construction, unless the party complaining is directly affected. The modification of the benefits or damages to any property, or the enjoining of collection of any assessment, does not affect any other property or the collection of any assessment on other property.
(b) If a drainage project has been established and a contract awarded in good faith, without collusion, and at a reasonable price:
(1) a defect or lack of notice in awarding, making, or executing the contract does not affect the enforcement of an assessment; and
(2) if the contract is performed in good faith in whole or in part, a defect does not invalidate the contract.
History:
1990 c 391 art 5 s 11
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.055 — Reimbursing Cost Of Former Surveys When Used Later.

103E.055 REIMBURSING COST OF FORMER SURVEYS WHEN USED LATER.
If after a proceeding has begun a survey has been made and a proceeding to establish a drainage project has been dismissed or the drainage project has not been established, and if all or a part of the former survey is used by the engineer for a drainage proceeding in the same area, the amount saved in the subsequent proceedings must be paid to the proper parties according to this section. If the parties who paid the expense of the former survey make a petition, the drainage authority shall:
(1) determine the amount of benefit that was derived by the subsequent proceedings from the former survey;
(2) order the amount of the benefit to be paid to the proper parties; and
(3) charge the amount paid as a cost of the subsequent drainage proceeding.
History:
1990 c 391 art 5 s 12
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.061 — Right Of Entry.

103E.061 RIGHT OF ENTRY.
In proceedings under this chapter, the engineer, the engineer's assistants, the viewers, and the viewers' assistants may enter any property to make a survey, locate a drain, examine the property, or estimate the benefits and damages.
History:
1990 c 391 art 5 s 13
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.065 — Drainage Inspectors.

103E.065 DRAINAGE INSPECTORS.
In counties or watershed districts having drainage systems constructed in accordance with this chapter, the drainage authority shall appoint a competent person as drainage inspector. The inspector must not be a county commissioner. The inspector may be the county highway engineer. The inspector shall examine the drainage systems designated by the drainage authority. The drainage authority shall specify the appointment period and compensation.
History:
1990 c 391 art 5 s 14; 2010 c 298 s 2; 2014 c 289 s 50
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.067 — Ditch Buffer Strip; Annual Reporting.

103E.067 DITCH BUFFER STRIP; ANNUAL REPORTING.
The drainage authority shall annually submit a report to the Board of Water and Soil Resources for the calendar year including:
(1) the number and types of actions for which viewers were appointed;
(2) the number of miles of buffer strips established according to section 103E.021;
(3) the number of drainage system inspections conducted; and
(4) the number of violations of section 103E.021 identified and enforcement actions taken.
History:
2007 c 57 art 1 s 111
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.071 — County Attorney.

103E.071 COUNTY ATTORNEY.
The county attorney shall represent the county in all drainage proceedings and related matters without special compensation, except as provided in section 388.09, subdivision 1. A county attorney, the county attorney's assistant, or any attorney associated with the county attorney in business may not otherwise appear in any drainage proceeding for any interested person.
History:
1990 c 391 art 5 s 15; 2019 c 24 s 3
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.075 — Obstructing Drainage System.

103E.075 OBSTRUCTING DRAINAGE SYSTEM.
Subdivision 1.
Notice to responsible party.
If the board determines that a drainage system has been obstructed, including by the installation of bridges or culverts of insufficient hydraulic capacity, the board shall notify the person or public authority responsible for the obstruction as soon as possible and direct the responsible party to remove the obstruction or show the board why the obstruction should not be removed. The board must set a time and location in the notice for the responsible person to appear before the board.
Subd. 2.
Private property.
If the obstruction is on private property, the owner is responsible for the obstruction unless the owner proves otherwise. The owner must be notified by certified mail at least ten days before the hearing.
Subd. 3.
Obstruction hearing.
The board shall hear all interested parties and if the board determines that the drainage system has been obstructed by a person or public authority, the board shall order the obstruction removed by the responsible party within a reasonable time set in the order. If the obstruction is not removed by the prescribed time, the board shall have the obstruction removed and the auditor shall make a statement of the removal cost. The statement must be filed in the county recorder's office as a lien on the property where the obstruction is located or against the responsible party. The lien must be enforced and collected as liens for drainage repairs under this chapter, except that a lien may not be filed against private property if the board determines that the owner of the property is not responsible for the obstruction. The lien may be enforced against the responsible party by civil action.
History:
1990 c 391 art 5 s 16
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.081 — Crimes Related To Drainage Systems; Penalties.

103E.081 CRIMES RELATED TO DRAINAGE SYSTEMS; PENALTIES.
Subdivision 1.
Unauthorized drain outletting.
A person may not cause or construct a drain that outlets into a lawfully constructed drainage system except as provided in this chapter.
Subd. 2.
Obstructing or damaging.
A person may not willfully obstruct or damage a drainage project or system.
Subd. 2a.
Planting trees over public tile.
A person must not knowingly plant trees over a public drain tile, unless the person planting the trees receives permission from the drainage authority.
Subd. 2b.
Planting trees over private tile.
A person must not knowingly plant trees over a private drain tile that provides for the drainage of land owned or leased by another person, unless the person planting the trees receives permission from all persons who receive drainage benefits from the drain tile.
Subd. 3.
Altering engineer's marking of stakes.
A person may not willfully change the location or alter markings of stakes set by the engineer in a drainage project or system.
Subd. 4.
Penalty.
Violation of this section is a misdemeanor.
History:
1990 c 391 art 5 s 17; 1Sp2005 c 1 art 2 s 117,118
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.085 — Enforcement.

103E.085 ENFORCEMENT.
Subdivision 1.
Warrants and arrests.
An enforcement officer, as defined in section 97A.015, subdivision 18, may execute and serve warrants, and arrest persons detected in actual violation of sections 103E.005 to 103E.811 as provided in sections 97A.205 and 97A.211.
Subd. 2.
Prosecution.
The county attorney shall prosecute all criminal actions arising under this chapter.
History:
1990 c 391 art 5 s 18
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.095 — Appeal From Orders Dismissing Or Establishing Drainage Systems.

103E.095 APPEAL FROM ORDERS DISMISSING OR ESTABLISHING DRAINAGE SYSTEMS.
Subdivision 1.
Notice of appeal.
A party may appeal an order made by the board that dismisses drainage proceedings or establishes or refuses to establish a drainage project to the district court of the county where the drainage proceedings are pending. The appellant must serve notice of the appeal to the auditor within 30 days after the order is filed. After notice of the appeal is served, the appeal may be brought to trial by the appellant or the drainage authority after notifying the other party at least ten days before the trial date.
Subd. 2.
Trial.
The appeal must be tried by the court without a jury. The court shall examine the entire drainage proceeding and related matters and receive evidence to determine whether the findings made by the board can be sustained. At the trial the findings made by the board are prima facie evidence of the matters stated in the findings, and the board's order is prima facie reasonable. If the court finds that the order appealed is lawful and reasonable, it shall be affirmed. If the court finds that the order appealed is arbitrary, unlawful, or not supported by the evidence, it shall make an order, justified by the court record, to take the place of the appealed order, or remand the order to the board for further proceedings. After the appeal has been determined by the court, the board shall proceed in conformity with the court order.
Subd. 3.
Multiple appeals; order of determination.
If the order establishing a drainage project is appealed, the trial of appeals related to benefits or damages in the drainage proceeding must be stayed until the establishment appeal is determined. If the order establishing the drainage project is affirmed, appeals related to benefits and damages must then be tried.
Subd. 4.
Appeal order establishing drainage project; notice.
If an order refusing to establish a drainage project is appealed, and the court, by order, establishes the drainage project, the auditor shall give notice by publication of the filed order. The notice is sufficient if it refers to the drainage project or system by number or other descriptive designation, states the meaning of the order, and states the date the court order was filed. A person may appeal the establishment order to the district court as provided in this section.
Subd. 5.
Appeal of appellate order.
A party aggrieved by a final order or judgment rendered on appeal to the district court may appeal as in other civil cases. The appeal must be made and perfected within 30 days after the filing of the order or entry of judgment.
History:
1990 c 391 art 5 s 20
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.097 — Attorney Fees On Appeal.

103E.097 ATTORNEY FEES ON APPEAL.
If the commissioner of natural resources is a party making an appeal under section 103E.091 or 103E.095 and the commissioner does not prevail on the issues appealed, the court may award attorney fees to the party prevailing on the appeal. If more than one issue is appealed and the commissioner prevails on some issues and does not prevail on others, the court shall determine the amount of the attorney fee to be awarded.
History:
1990 c 391 art 5 s 21
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.105 — Advice About Drainage Questions.

103E.105 ADVICE ABOUT DRAINAGE QUESTIONS.
The director shall provide advice to a drainage authority or engineer, upon request, about engineering questions or problems in connection with a drainage project or drainage system.
History:
1990 c 391 art 5 s 23
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.111 — Field Surveys And Investigations By Director.

103E.111 FIELD SURVEYS AND INVESTIGATIONS BY DIRECTOR.
Subdivision 1.
Authorization.
If a field survey or investigation of a drainage project or drainage system is determined to be necessary by the director or is requested in writing by the drainage authority, the director may conduct the survey or investigation.
Subd. 2.
Paying costs.
If the field survey or investigation is made at the request of a drainage authority, the cost must be reported to the drainage authority and paid by the drainage authority as a drainage project or drainage system expense.
History:
1990 c 391 art 5 s 24
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.115 — Hydrological And Drainage Information.

103E.115 HYDROLOGICAL AND DRAINAGE INFORMATION.
(a) The director may prepare and publish:
(1) runoff data;
(2) information about the capacity of drain tile and ditches;
(3) specifications for drain tile, ditches, and ditch construction; and
(4) standard procedural forms for public ditch proceedings.
(b) The director may furnish the information to engineers and drainage authorities for their advice and information.
History:
1990 c 391 art 5 s 25
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.121 — Drain Tile; Manufacturing Studies.

103E.121 DRAIN TILE; MANUFACTURING STUDIES.
Subdivision 1.
Drain tile; investigations.
The director may:
(1) investigate the methods used in the manufacture of drain tile;
(2) determine the causes of drain tile failure; and
(3) conduct research and experimentation to improve the quality of drain tile.
Subd. 2.
Manufacturing investigations and tests.
The director may make inspections and tests of manufacturing processes and materials used and the resultant product of a manufacturing plant in the state where drain tile is made and sold to drainage authorities or the general public. The director, or an authorized agent of the director, must have free access to manufacturing plants of drain tile sold in this state for inspections and tests.
Subd. 3.
Distributing information.
The results of inspections and tests must be made public for drainage authorities, engineers, tile manufacturers, and others interested in the use of drain tile.
History:
1990 c 391 art 5 s 26
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.212 — New Drainage System Projects.

103E.212 NEW DRAINAGE SYSTEM PROJECTS.
Subdivision 1.
Procedure.
To establish a new drainage system under this chapter, the petitioners and drainage authority must proceed according to this section and the provisions applicable to establishment of drainage projects.
Subd. 2.
Signatures on petition.
The petition for a new drainage system must be signed by a majority of the owners of the property that the proposed drainage system described in the petition passes over, or by the property owners of at least 60 percent of the area that the proposed new drainage system passes over.
Subd. 3.
Petition requirements.
The petition must:
(1) describe the 40-acre tracts or government lots and property where the proposed new drainage system passes over, including names and addresses of the property owners from records in the county assessor's office;
(2) describe the starting point, the general course, and the terminus of the proposed drainage system;
(3) state why the proposed drainage system is necessary;
(4) state that the proposed drainage system will benefit and be useful to the public and will promote public health; and
(5) state that the petitioners will pay all costs of the proceedings if the proceedings are dismissed or the contract for the construction of the proposed drainage system is not awarded.
History:
1990 c 391 art 5 s 28
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.225 — Laterals.

103E.225 LATERALS.
Subdivision 1.
Petition.
(a) Persons that own property in the vicinity of an existing drainage system may petition for a lateral that connects their property with the drainage system. The petition must be signed by at least 26 percent of the owners of the property or by the owners of at least 26 percent of the area of the property that the lateral passes over. The petition must be filed with the auditor, or for property in more than one county, the petition must be filed with the auditor of the county with the largest property area to be passed over by the lateral. The petition must:
(1) describe in general terms the starting point, general course, and terminus of the proposed lateral;
(2) describe the property traversed by the lateral including the names and addresses of the property owners from records in the county assessor's office;
(3) state the necessity to construct the lateral;
(4) state that, if constructed, the lateral will be of public benefit and utility and promote the public health;
(5) request that the lateral be constructed and connected with the drainage system; and
(6) provide that the petitioners will pay all costs incurred if the proceedings are dismissed or if a contract for the construction of the lateral is not awarded.
(b) The petitioners shall give the bond required by section 103E.202, subdivision 5.
Subd. 2.
Establishment procedure.
After the petition is filed, the procedure to establish and construct the lateral is the same as that provided in this chapter to establish a drainage project.
Subd. 3.
Authority necessary for property not assessed.
A lateral may not be constructed to drain property that is not assessed benefits for the existing drainage system until express authority for the use of the existing drainage system as an outlet for the lateral has been obtained under section 103E.401.
History:
1990 c 391 art 5 s 31