reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.655 — District.

103B.655 DISTRICT.
Subdivision 1.
Establishment.
The White Bear Lake Conservation District established under Laws 1971, chapter 355, as amended by Laws 1974, chapter 111, and Laws 1977, chapter 322, is a corporate and political body, and may sue and be sued, enter into contracts, and hold real and personal property for its purposes.
Subd. 2.
District is employer.
The district is an employer within the definition of section 176.011, subdivision 10, and is included in the provisions of chapter 176.
Subd. 3.
District is political and corporate body.
The district is a public corporation and a political subdivision of the state. The district is also within the definition of section 466.01, and is included in the provisions of chapter 466.
Subd. 4.
Dissolution.
The district may be dissolved by the decision of the governing bodies of four of the municipalities in the district. The decision of a town shall be made by the board of supervisors of the town.
History:
1990 c 391 art 2 s 58
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.665 — District Officers And Employees.

103B.665 DISTRICT OFFICERS AND EMPLOYEES.
Subdivision 1.
Election and terms.
(a) The board shall elect from its membership the following officers to serve for a period of one year: chair, vice-chair, secretary, and treasurer. The offices of secretary and treasurer shall be combined unless a resolution is adopted to the contrary by the board prior to the election.
(b) The officers shall hold office at the pleasure of the board.
Subd. 2.
Compensation.
The board shall set the compensation of the officers.
Subd. 3.
Employees.
The board may appoint other officers, agents, and employees who shall perform duties and receive compensation as the board determines and are removable at the pleasure of the board.
History:
1990 c 391 art 2 s 60
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.671 — Treasurer.

103B.671 TREASURER.
Subdivision 1.
Bond.
Before taking office, the treasurer shall give bond to the district in an amount to be determined by the board.
Subd. 2.
Duties.
(a) The treasurer shall receive and is responsible for the money of the district. The money of the district shall be considered public funds.
(b) The treasurer shall disburse the funds of the district in accordance with rules of the board.
Subd. 3.
Investments.
(a) If funds are not currently needed, the treasurer may invest the funds in treasury bonds, certificates of indebtedness, bonds or notes of the United States of America, or bonds, notes, or certificates of indebtedness of the state of Minnesota. The bonds, notes, or certificates must mature by three years from the date of purchase.
(b) If the board determines that invested funds are needed for current purposes before the maturity dates of the securities held, the board shall certify to the treasurer and the treasurer shall order the sale or conversion of the bonds, notes, or certificates needed into cash.
(c) The interest and profit on investments shall be credited to and constitute a part of the funds of the district.
Subd. 4.
Accounting and records.
The treasurer shall keep an account of the funds received and disbursed. At least once a year, at times designated by the board, the treasurer must file with the municipalities forming the district a financial statement of the district showing in appropriate and identifiable groupings:
(1) the receipts and disbursements since the last approved statements;
(2) the money on hand and the purposes for which the money is appropriated; and
(3) an account of bonds, notes, and certificates purchased, the funds from which they were purchased, and the interest and profit accrued on the investment.
Subd. 5.
Compensation for clerks.
The district may pay to the treasurer compensation to cover hiring clerks and to carry out the treasurer's duties.
History:
1990 c 391 art 2 s 61
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.675 — Executive Director.

103B.675 EXECUTIVE DIRECTOR.
Subdivision 1.
Appointment.
(a) The board may appoint an executive director.
(b) The executive director is the executive and operating officer of the district, shall serve at the pleasure of the board, and shall receive compensation set by the board.
Subd. 2.
Duties and powers.
(a) Under the supervision of the board, the executive director is responsible for the operation, management, and promotion of all activities of the district and other duties prescribed by the governing board.
(b) The executive director has the powers necessarily incident to the performance of the executive director's duties and other powers granted by the board, except the director does not have authority to incur liability or make expenditures on behalf of the district without general or specific directions by the board as shown by the bylaws or minutes of the board's meetings.
History:
1990 c 391 art 2 s 62
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.681 — Rules.

103B.681 RULES.
Subdivision 1.
Authority.
The district may adopt rules to effectuate the purposes of its establishment and the powers granted to the district. All rules must be suitably entitled.
Subd. 2.
Effect of rules.
The rules have the force and effect of an ordinance if declared by the board and stated in the rules.
Subd. 3.
Procedure.
(a) A rule must be enacted by a majority vote of all the members of the board. The rule must be signed by the chair and attested by the secretary.
(b) The rule must be published once in official newspapers of Washington and Ramsey Counties. Proof of publication shall be attached to and filed with the rule.
(c) A rule must be recorded in the rule book within 20 days after its publication.
Subd. 4.
Criminal penalty.
(a) A violation of rule is a misdemeanor and punishable by a sentence of not more than 90 days plus costs or a fine of not more than $300 plus costs.
(b) All prosecutions for violations of rules shall be brought in the name of the district upon complaint and warrant as in other criminal cases.
Subd. 5.
Injunction.
The rules may be enforced by the district by injunction in addition to other penalties provided.
History:
1986 c 444; 1990 c 391 art 2 s 63
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.683 — Prosecuting Violations.

103B.683 PROSECUTING VIOLATIONS.
Subdivision 1.
Complaint for violation.
A prosecution for a violation of a rule or regulation shall be brought in the name of the district upon complaint and warrant as in other criminal cases. If the accused is arrested without a warrant, a written complaint shall be made, to which the accused shall be required to plead, and a warrant shall issue on the complaint. The warrant and all other process in such cases shall be directed for service to a police officer, court officer, or sheriff of any of the municipalities in the district.
Subd. 2.
Complaint.
It is a sufficient pleading of the rules and regulations of the district to refer to them by section and number or chapter, or any other way that clearly reflects the rules and regulations that are the subject of the pleading. The rules and regulations shall have the effect of general laws within the district and need not be given in evidence upon the trial of an action.
Subd. 3.
Appeal to district court.
Appeals may be taken from the district court in the same manner as from judgments in civil actions.
History:
1990 c 391 art 2 s 64; 2005 c 10 art 2 s 4
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.685 — Performance Of Duties And Expenses.

103B.685 PERFORMANCE OF DUTIES AND EXPENSES.
Subdivision 1.
Duties.
The duties of the district may be executed by employees of the municipalities.
Subd. 2.
Expenses.
The expenses of the district shall be borne by the municipalities. The portion of the expenses of the district borne by each municipality must be in proportion to its net tax capacity, except a municipality's portion may not be less than $200 per year.
History:
1990 c 391 art 2 s 65
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.691 — District Funding.

103B.691 DISTRICT FUNDING.
Subdivision 1.
Budget.
The board must, on or before July 1 each year, prepare and submit a detailed budget of the district's needs for the next calendar year to the governing body of each municipality in the district with a statement of the proportion of the budget to be provided by each municipality. The governing body of each municipality in the district shall review the budget and the board upon notice from a municipality must hear objections to the budget. After the hearing, the board may modify or amend the budget. Notice must be given to the municipalities of modifications or amendments.
Subd. 2.
Municipal funding.
(a) The governing body or board of supervisors of each municipality in the district shall provide the funds necessary to meet its proportion of the total cost to be borne by the municipalities as finally certified by the board.
(b) The municipality's funds may be raised by any means within the authority of the municipality. The municipalities may each levy a tax not to exceed .02418 percent of estimated market value on the taxable property located in the district to provide the funds. The levy shall be within all other limitations provided by law.
(c) The funds must be deposited into the treasury of the district in amounts and at times as the treasurer of the district requires.
History:
1990 c 391 art 2 s 66; 2013 c 143 art 14 s 10
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.001 — Citation; Water Law.

103C.001 CITATION; WATER LAW.
This chapter and chapters 103A, 103B, 103D, 103E, 103F, and 103G constitute the water law of this state and may be cited as the "Water Law."
History:
1990 c 391 art 3 s 1
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.005 — Soil And Water Conservation Policy.

103C.005 SOIL AND WATER CONSERVATION POLICY.
Maintaining and enhancing the quality of soil and water for the environmental and economic benefits they produce, preventing degradation, and restoring degraded soil and water resources of this state contribute greatly to the health, safety, economic well-being, and general welfare of this state and its citizens. Land occupiers have the responsibility to implement practices that conserve the soil and water resources of the state. Soil and water conservation measures implemented on private lands in this state provide benefits to the general public by reducing erosion, sedimentation, siltation, water pollution, and damages caused by floods. The soil and water conservation policy of the state is to encourage land occupiers to conserve soil, water, and the natural resources they support through the implementation of practices that:
(1) control or prevent erosion, sedimentation, siltation, and related pollution in order to preserve natural resources;
(2) ensure continued soil productivity;
(3) protect water quality;
(4) prevent impairment of dams and reservoirs;
(5) reduce damages caused by floods;
(6) preserve wildlife;
(7) protect the tax base; and
(8) protect public lands and waters.
History:
1990 c 391 art 3 s 2; 2003 c 104 s 2
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.205 — Annexing Additional Area.

103C.205 ANNEXING ADDITIONAL AREA.
(a) Resident owners may file a petition to include additional area within an existing district with the state board. The procedure for a petition to establish a district shall be followed on a petition to include additional area. The state board shall prescribe the form for the petition, which shall be as nearly as possible in the form for a petition to organize a district.
(b) If the petition for an area proposed for inclusion is signed by a majority of the resident owners in the area, a referendum need not be held.
(c) In a referendum to include additional area, all eligible voters within the proposed additional area may vote.
(d) It is not necessary to obtain the consent of the fee owners within the district before the additional area is annexed to a district.
History:
1990 c 391 art 3 s 6; 2003 c 104 s 12
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.215 — Changing Name.

103C.215 CHANGING NAME.
The name of a district may be changed with the approval of the state board, after the adoption of a resolution by a majority of the supervisors stating the new name, by filing a certified copy of the resolution with the secretary of state.
History:
1990 c 391 art 3 s 8
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.221 — Changing Location Of Principal Office.

103C.221 CHANGING LOCATION OF PRINCIPAL OFFICE.
The location of the principal office of the district board may be changed with the approval of the state board after the adoption of a resolution by a majority of the district board stating the new location and by filing a certified copy of the resolution with the secretary of state.
History:
1990 c 391 art 3 s 9
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.231 — Cooperation Between Districts And Other Public Agencies.

103C.231 COOPERATION BETWEEN DISTRICTS AND OTHER PUBLIC AGENCIES.
Subdivision 1.
Cooperation with other agencies.
(a) The district boards of two or more districts may cooperate with one another or with appropriate agencies to exercise powers conferred in this chapter or sections 103F.401 to 103F.455.
(b) The district board may make contracts or other arrangements with:
(1) the federal government;
(2) persons or public or private corporations; and
(3) the government of this state or other states.
(c) A soil and water conservation district may join or cooperate by agreement as provided in section 471.59 with another soil and water conservation district or a watershed district, or a governmental unit defined in section 471.59, or with a combination of them in an operation or project in which the soil and water conservation district and the other party have a common interest. For the purposes of this section, soil and water conservation districts and watershed districts are governmental units under section 471.59.
Subd. 2.
Cooperation among districts.
(a) If the improvement work unit covers two districts, a joint board made up of three supervisors from each of the district boards shall preside. If the improvement work unit covers three or more districts, a joint board made up of two supervisors from each district board shall preside. The individual boards shall appoint the supervisors to represent them on the joint board.
(b) The joint board shall accept and approve initial requests for improvement work units, direct the preparation of preliminary surveys and studies, establish improvement work units, and, at the direction of the county boards, adopt programs and reports, award contracts, supervise construction, and accept completed construction work.
History:
1990 c 391 art 3 s 11
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.235 — State Agencies To Cooperate.

103C.235 STATE AGENCIES TO COOPERATE.
State agencies which have jurisdiction over or administer state-owned lands, and agencies of a county, or other governmental subdivision, that have jurisdiction over or administer county-owned or other publicly owned lands that are in a district, shall cooperate with the district boards to implement programs and operations undertaken by the district board under this chapter and sections 103F.401 to 103F.455. The district board shall have free access to enter and perform work on the affected lands.
History:
1990 c 391 art 3 s 12
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.321 — Officers And Employees.

103C.321 OFFICERS AND EMPLOYEES.
Subdivision 1.
Officers.
(a) The supervisors shall elect or appoint officers for the district and the district board.
(b) A chair of the district board shall be elected from its own members.
(c) A secretary and a treasurer shall be appointed who need not be members of the board.
(d) Officers serve at the pleasure of the supervisors. Officers shall have the powers and duties incident to their respective offices, and other powers and duties expressly prescribed by law or directed by the district board.
Subd. 2.
Employees.
The district board may employ technical experts and other officers, agents, and employees, permanent and temporary, as the board may require. The supervisors shall determine their qualifications, duties, and compensation.
Subd. 3.
Employee and officer bonds.
The district board shall provide for the execution of surety bonds for all employees and officers who are entrusted with funds or property.
Subd. 4.
Attorney.
The county attorney of the county where the major portion of the district is located or one otherwise employed by the board shall be the attorney for the district and its supervisors. The district board may call upon the county attorney for necessary legal counsel and advice and service.
Subd. 5.
Delegating duties.
The district board may delegate to its chair or other officer, to one or more supervisors, or to one or more agents or employees the powers and duties they deem proper.
Subd. 6.
Credit card use.
The supervisors may authorize the use of a credit card by any soil and water conservation district officer or employee otherwise authorized to make a purchase on behalf of the soil and water conservation district. If a soil and water conservation district officer or employee makes a purchase by credit card that is not approved by the supervisors, 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 soil and water conservation district policy applicable to soil and water conservation district purchases.
History:
1990 c 391 art 3 s 17; 2007 c 57 art 1 s 105; 2019 c 50 art 1 s 26
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.325 — Records; Audit; Information To State Board.

103C.325 RECORDS; AUDIT; INFORMATION TO STATE BOARD.
Subdivision 1.
Records.
The district board shall keep a full and accurate record of all proceedings and resolutions, regulations, and orders issued or adopted.
Subd. 2.
Audit.
The state auditor shall annually audit the books of the district and its supervisors, or, at the request of the district board, the state auditor may contract for an annual audit by a certified public accountant. The state auditor may determine that an annual audit of a district is not necessary, in which case an audit shall be made at least every four years.
Subd. 3.
Information to state board.
The supervisors shall furnish to the state board, upon request, copies of the ordinances, rules, regulations, orders, contracts, forms, and other documents that they adopt or use, and other information concerning their activities as the state board requires in the performance of its duties under this chapter.
History:
1990 c 391 art 3 s 18
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.335 — Technical And Administrative Assistance To Districts.

103C.335 TECHNICAL AND ADMINISTRATIVE ASSISTANCE TO DISTRICTS.
At the request of local districts, the Agricultural Extension Service of the University of Minnesota, county extension committees, and county extension agents shall:
(1) advise the districts in developing their comprehensive plan amendments and annual work plans;
(2) in cooperation with the districts and the Natural Resources Conservation Service of the United States Department of Agriculture, provide technical assistance and education to land occupiers about conservation tillage practices and other soil conservation practices; and
(3) participate in training district officials and employees in cooperation with the state board.
History:
1990 c 391 art 3 s 20; 2015 c 21 art 1 s 109
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.405 — Program Plan.

103C.405 PROGRAM PLAN.
Subdivision 1.
Contents.
The state board shall prepare, in consultation with the districts and appropriate agencies, a program plan to accomplish its duties. The state board shall use the program plan in decisions to allocate funds to districts. The state board shall emphasize the determination of priority areas where erosion, sedimentation, and related water quality problems appear most in need of control and the development of the comprehensive public information program.
Subd. 2.
Informational hearing on plan.
To develop the program plan, the state board may request existing pertinent information from state agencies and may conduct hearings.
Subd. 3.
Coordination with state resource plans.
The program plan shall be coordinated as closely as possible with the statewide framework water resources plan, the statewide water quality management plan, and other statewide resource plans.
Subd. 4.
Review and revision.
The state board shall review and revise the program plan at intervals it deems appropriate.
History:
1990 c 391 art 3 s 22
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.501 — Conservation Contracts Program.

103C.501 CONSERVATION CONTRACTS PROGRAM.
Subdivision 1.
Program authorization.
The state board may allocate available funds to districts for practices, projects, and systems for:
(1) erosion or sedimentation control;
(2) improvements to water quality or water quantity;
(3) habitat enhancement;
(4) plant biodiversity;
(5) energy conservation; or
(6) climate adaptation, resiliency, or mitigation.
Subd. 2.
MS 2022 [Repealed, 2023 c 60 art 5 s 22]
Subd. 3.
MS 2022 [Repealed, 2023 c 60 art 5 s 22]
Subd. 4.
Use of funds.
The allocated funds must be used:
(1) for conservation activities, including technical and financial assistance, identified in state-approved plans that are related to water and natural resources and established under chapters 103B, 103C, 103D, 103F, 103G, and 114D;
(2) to leverage federal or other nonstate funds; or
(3) to address high-priority needs identified by the district based on public input.
Subd. 5.
Contracts by districts.
(a) A district may provide technical and financial assistance to a land occupier or to a state or federal agency for practices and projects for:
(1) erosion or sedimentation control;
(2) improvements to water quality or water quantity;
(3) habitat enhancement;
(4) plant biodiversity;
(5) energy conservation; or
(6) climate adaptation, resiliency, or mitigation.
(b) A district, consistent with state board rules and policies, may contract to provide technical and financial assistance for structural and nonstructural practices and projects.
(c) The state board or the district may not furnish any financial assistance for practices designed only to increase land productivity.
(d) When a district determines that long-term maintenance of a system or practice is desirable, the district or the state board may require that maintenance be made a covenant upon the land for the effective life of the practice. A covenant under this subdivision shall be construed in the same manner as a conservation restriction under section 84.65.
Subd. 6.
Policies and rules.
The state board may adopt rules and shall adopt policies prescribing:
(1) procedures and criteria for allocating funds; and
(2) standards and guidelines for implementing the conservation contracts program.
Subd. 7.
Inspections.
The district or the district's delegate must conduct site inspections of conservation practices installed to determine if the land occupier is in compliance with design, operation, and maintenance specifications.
History:
1990 c 391 art 3 s 23; 1997 c 216 s 91; 2006 c 251 s 1; 2009 c 176 art 1 s 27-30; 2013 c 143 art 4 s 4; 1Sp2015 c 2 art 2 s 15; 2023 c 60 art 5 s 9-13
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.605 — County Determination Of Project.

103C.605 COUNTY DETERMINATION OF PROJECT.
Subdivision 1.
Petition.
(a) The county board or joint county board, acting jointly under section 471.59, may take action on a project within the improvement work unit to construct or install works of improvement or part of the works of improvement pursuant to the recommendation report after receiving a petition.
(b) The petition must be for a project signed by:
(1) at least 25 percent of the owners of the land over which the proposed improvement work passes;
(2) at least 25 percent of the owners of land where the proposed improvement is located;
(3) the owners of at least 30 percent of the land area over which the proposed improvement work passes; or
(4) the owners of at least 30 percent of the land area where the proposed project is located.
(c) The petition must describe the land and request the county board or joint county board to hold a hearing on the practicability and desirability of implementing the project in accordance with the preliminary general plan and the recommendation report of the district board.
(d) If the recommendation report specifies that part of the cost of the project is to be paid from the proceeds of assessments on benefited property, one or more of the petitioners, upon filing the petition and before action is taken on the petition, must file a bond to the county or counties conditioned as provided by section 103E.202, for a county drainage system, to be approved by the chair of the board.
Subd. 2.
Hearing.
The county board or joint county board shall set a time and place for the hearing on the petition, and give notice of the hearing as provided in section 103E.261, subdivision 1.
Subd. 3.
Resolution for further action.
(a) After the hearing the county board or joint county board may adopt a resolution directing further action on the project if it makes and states findings that implementation of the project as requested in the petition will be:
(1) feasible;
(2) in accordance with the recommendation report;
(3) in furtherance of the objectives and purposes of the recommendation report; and
(4) within the estimated cost for which funds may reasonably be expected to be available.
(b) By the resolution the county board or joint county board shall determine the amount to be paid from the various sources of available or potentially available funds, including federal aid, district funds, assessments on benefited property, and other funds. The amount payable from district funds may not exceed the value of the general public benefit of the project to the district as determined by the district board.
History:
1990 c 391 art 3 s 25
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.611 — Project Without Assessments.

103C.611 PROJECT WITHOUT ASSESSMENTS.
Subdivision 1.
Order establishing project.
(a) If a portion of the project cost is not to be paid from assessments on benefited property, the county board or joint county board may proceed with complete surveys and detailed plans and specifications and make an order establishing the project. The order shall contain findings substantially conforming to those required by section 103E.341, subdivision 2.
(b) Notice summarizing the findings and order shall be served upon the persons entitled to notice of a county drainage project in section 103E.325, unless the notice is waived in writing by each person entitled to the notice. Waiver of notice must be filed with the county auditor.
Subd. 2.
Acquiring property and materials.
Unless an appeal is taken within 30 days after the notice is given, the county board or joint county board may proceed to acquire necessary rights or property, procure materials, let contracts, and take other steps appropriate to complete the project.
Subd. 3.
Delegating duties to district.
The county board or joint county board may delegate its duties and powers under this section to the district board or joint district board but the district board or joint district board may not exercise the power of eminent domain.
History:
1990 c 391 art 3 s 26
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.621 — Project Bonds.

103C.621 PROJECT BONDS.
The county board may pledge the proceeds of assessments on property made for the purposes of a project, any revenues derived from the project, and the proceeds of tax levies or funds from other sources to pay bonds issued for the project.
History:
1990 c 391 art 3 s 28
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.625 — Status Of Discontinued Project.

103C.625 STATUS OF DISCONTINUED PROJECT.
If a project is discontinued after action on it has begun under section 103C.605, the project shall have the same status as if the action had not begun. The recommendation report of the district board on the project shall continue to be subject to amendment, a new petition for further action may be made at any time as provided in section 103C.605, and further proceedings may be conducted.
History:
1990 c 391 art 3 s 29; 2019 c 50 art 1 s 27
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.631 — Repair.

103C.631 REPAIR.
Subdivision 1.
Definition.
The term "repair" used in this section means to restore a work of improvement or part of it as nearly as practicable to the same condition as when originally constructed or subsequently improved.
Subd. 2.
Maintaining projects.
After the construction of a project is completed and accepted by the board of the county or district board having authority over the project, the county board or district board shall maintain the project or the part of the project that is in its jurisdiction and provide the repairs required to keep the project efficient.
Subd. 3.
Repair authority.
The county board or district board shall have the powers and duties of the drainage authority under sections 103E.701 to 103E.745, except as provided in subdivision 4.
Subd. 4.
Financing repairs.
If the board is a district board, the financing of repairs which require assessments and bond issues shall be the responsibility of the county board or joint county board. The county board or joint county board shall finance repairs in the same way as original construction of the project and as provided in sections 103E.701 to 103E.745, so far as appropriate.
History:
1990 c 391 art 3 s 30
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103C — Soil And Water Conservation Districts › Section 103C.635 — Appeals.

103C.635 APPEALS.
(a) A person aggrieved by an order of a county board or joint county board in a proceeding under sections 103C.601 to 103C.631 may appeal to the district court upon the grounds and in the manner provided by sections 103E.091 and 103E.095, for a county drainage proceeding.
(b) Notices required by sections 103E.091 and 103E.095, to be filed with the county auditor shall also be filed with the district board or joint district board.
(c) An appeal may not be taken from an order made under section 103C.611 or 103C.615 by the board, joint board of county commissioners, district board, or joint district board if the order dismisses a petition or refuses to establish a project.
History:
1990 c 391 art 3 s 31
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.505 — Reference To Other Drainage Laws.

103D.505 REFERENCE TO OTHER DRAINAGE LAWS.
If this chapter refers to particular sections of the drainage laws of this state, the sections and provisions shall, if consistent with this chapter, be treated and construed as having the same effect, so far as the provisions of this chapter are concerned, as though set forth in this chapter. Amendments of those laws passed after August 1, 1990, are applicable to this chapter.
History:
1990 c 391 art 4 s 34
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.511 — Certain Condemnation Provisions; Applicability.

103D.511 CERTAIN CONDEMNATION PROVISIONS; APPLICABILITY.
Section 117.155 relating to payment of damages in a condemnation proceeding does not apply to a project financed by special assessment.
History:
1990 c 391 art 4 s 35
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.515 — Preexisting And Improved Water Rights.

103D.515 PREEXISTING AND IMPROVED WATER RIGHTS.
Subdivision 1.
Preexisting water rights recognized.
The rights of private or corporate landowners to use the waters of the watershed district for any purpose continue as the rights existed at the time of the organization of the watershed district.
Subd. 2.
Watershed district possesses improved rights.
All preexisting rights must be recognized by the managers, but if projects constructed by the watershed district make possible a greater, better, or more convenient use of or benefit from the waters of the watershed district for any purpose, the right to the greater use or benefit is the property of the watershed district.
Subd. 3.
Compensation for improved rights.
The watershed district may lease or assign the rights in return for reasonable compensation, as provided in this section.
Subd. 4.
Transferring rights; process.
Leases, assignments, permits, or contracts for the use of water shall be entered into only after the managers have reported to the board the terms and conditions of the lease, permit, or contract relative to the use of any watershed district property. The board shall give notice of the contract to all parties interested, by mail, and shall have notice of the application published. The notice must state the purpose of the application and the time and place of hearing on it. At the time of hearing the board shall hear all interested persons for or against the proposed contract and make an order accordingly on conditions and restrictions necessary to protect the interest of the watershed district and of the public.
History:
1990 c 391 art 4 s 36; 1995 c 199 s 26
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.521 — Rights Assured Due Process Of Law.

103D.521 RIGHTS ASSURED DUE PROCESS OF LAW.
A person may not be deprived or divested under this chapter of a previously established beneficial use or right without due process of law.
History:
1990 c 391 art 4 s 37
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.525 — Proceedings After Faulty Notices.

103D.525 PROCEEDINGS AFTER FAULTY NOTICES.
Subdivision 1.
Jurisdiction retained.
If a notice is required for a hearing or proceeding before the board, managers, or district court, and the board, managers, or court find that proper notice was not given, the board, managers, or court do not lose jurisdiction and the proceedings are not invalid.
Subd. 2.
Proper notice to be given.
If the notice was defective, the board, managers, or court shall order proper notice to be given. The board, managers, or court shall continue the hearing until notice is properly given and then proceed as though notice had been properly given in the first instance.
Subd. 3.
Defective published notice.
If the original notice was faulty only with reference to publication as to certain tracts, only the persons interested in those particular tracts need be notified by a later notice. If the publication of a notice in a county was defective or not made in time, notice need be given only within the county where notice was defective.
History:
1990 c 391 art 4 s 38
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.531 — Continuance Of Hearings.

103D.531 CONTINUANCE OF HEARINGS.
If an order has been made and notice given for a hearing in a proceeding under this chapter, and the board, managers, or court fail to appear at the time and place specified, the board or the managers, or the court administrator of the district court shall continue the hearing to another date as necessary and notify the board, managers, or the court of the continuance and the date of hearing. The matter shall be continued to that date without affecting the jurisdiction of the board, the managers, or the court.
History:
1990 c 391 art 4 s 39; 1995 c 199 s 27
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.537 — Appeals Of Rules, Permit Decisions, And Orders.

103D.537 APPEALS OF RULES, PERMIT DECISIONS, AND ORDERS.
(a) Except as provided in section 103D.535, an interested party may appeal a permit decision or order made by the managers by a declaratory judgment action brought under chapter 555. An interested party may appeal a rule made by the managers by a declaratory judgment action brought under chapter 555 or by appeal to the board. The decision on appeal must be based on the record made in the proceeding before the managers. An appeal of a permit decision or order must be filed within 30 days of the managers' decision.
(b) In addition to the authorities identified in paragraph (a), a public transportation authority may appeal a watershed district permit decision to the board. The board shall, upon request of the public transportation authority, conduct an expedited appeal hearing within 30 days or less from the date of the appeal being accepted.
(c) By January 1, 2005, the board shall adopt rules governing appeals to the board under paragraphs (a) and (b). A decision of the board on appeal is subject to judicial review under sections 14.63 to 14.69. The rules authorized in this paragraph are exempt from the rulemaking provisions of chapter 14 except that section 14.386 applies and the proposed rules must be submitted to the members of senate and house of representatives environment and natural resource and transportation policy committees at least 30 days prior to being published in the State Register. The amended rules are effective for two years from the date of publication of the rules in the State Register unless they are superseded by permanent rules.
History:
1992 c 466 s 6; 1995 c 199 s 31; 2003 c 128 art 1 s 110
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.539 — Informal Resolution Of Disputes.

103D.539 INFORMAL RESOLUTION OF DISPUTES.
An interested party may request a meeting with the dispute resolution committee of the Board of Water and Soil Resources to informally resolve a dispute before initiating a declaratory judgment action or an appeal under sections 103D.535 and 103D.537.
History:
1995 c 199 s 32
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.541 — Appeal Of Court Order.

103D.541 APPEAL OF COURT ORDER.
Subdivision 1.
Appeal authorized.
A party may appeal a court order as in other civil cases if aggrieved by a final order or judgment given on appeal to the district court or by the original order of the court made in proceedings heard and tried before the court.
Subd. 2.
Appeal of proceeding before managers.
In a proceeding before the managers for the repair, improvement, maintenance, consolidation, or abandonment of a project of the watershed district, the right of appeal is the same as in other civil cases.
History:
1990 c 391 art 4 s 41
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.545 — Enforcement.

103D.545 ENFORCEMENT.
Subdivision 1.
Misdemeanor.
A violation of a provision of this chapter, a rule, order, or stipulation agreement made or a permit issued by the managers under this chapter is a misdemeanor.
Subd. 2.
Methods of enforcement.
A provision of this chapter, a rule, order, or stipulation agreement made or a permit issued by the managers under this chapter may be enforced by criminal prosecution, injunction, action to compel performance, restoration, abatement, and other appropriate action.
Subd. 3.
Attorney fees and costs.
In any civil action arising from or related to a rule, order, or stipulation agreement made or a permit issued or denied by the managers under this chapter, the court may award the prevailing party reasonable attorney fees and costs.
History:
1990 c 391 art 4 s 42; 1992 c 466 s 7
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.551 — Enforcing Rules And Orders.

103D.551 ENFORCING RULES AND ORDERS.
The district court may enforce the provisions of this chapter, and a rule adopted or order issued by the managers under this chapter by injunction or other appropriate order.
History:
1990 c 391 art 4 s 43
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.101 — Board Of Water And Soil Resources.

103D.101 BOARD OF WATER AND SOIL RESOURCES.
Subdivision 1.
District establishment authority.
The board has the authority after the filing of an establishment petition to:
(1) establish a watershed district;
(2) define the boundaries of the watershed district; and
(3) appoint the first board of managers of a watershed district.
Subd. 2.
Investigations.
To implement this chapter and to hold hearings, the chair and members of the board may subpoena witnesses, administer oaths, and compel the production of books, records, and other evidence.
Subd. 3.
Examining witnesses.
(a) The right to examine and cross-examine witnesses in board hearings is in the same manner as in civil actions.
(b) All persons must be sworn in before testifying.
(c) Witnesses must receive the same fees and mileage as in civil actions.
Subd. 4.
Records.
The board must keep a record of all proceedings before it and maintain the record on file. Copies of the record may be obtained on terms and conditions prescribed by the board.
Subd. 5.
Rules of practice.
The board may adopt rules of practice for its proceedings and hearings that are consistent with this chapter and other provisions of law.
History:
1990 c 391 art 4 s 3; 1995 c 199 s 1
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.105 — Board Hearings.

103D.105 BOARD HEARINGS.
Subdivision 1.
Procedure.
(a) A rulemaking hearing must be conducted under chapter 14.
(b) Notwithstanding chapter 14, other hearings under this chapter, except hearings under paragraph (a), shall be conducted by the board under this section. The board may refer the hearing to one or more members of the board or an administrative law judge to hear evidence and make findings of fact and report them to the board.
Subd. 2.
Procedure for noncontroversial plans or petitions.
(a) If the board finds that a watershed management plan or petition that would be given a hearing under subdivision 1, paragraph (b), is noncontroversial, the board may, except in a proceeding to establish or terminate a watershed district, proceed under this subdivision.
(b) The board must give notice that the watershed management plan or petition has been filed. The notice must be made:
(1) by publication in a legal newspaper in each county affected by the watershed district;
(2) by mail to the auditor of each county affected by the watershed management plan or petition; and
(3) by mail to the chief executive officer of each city affected.
(c) The notice must:
(1) describe the actions proposed by the plan or petition;
(2) invite written comments on the plan or petition for consideration by the board;
(3) state that a person who objects to the actions proposed in the plan or petition may submit a written request for hearing to the board within 30 days of the last publication of the notice of filing of the plan or petition; and
(4) state that if a timely request for hearing is not received, the board may make a decision on the plan or petition at a future meeting of the board.
(d) If one or more timely requests for hearing are received, the board must hold a hearing on the plan or petition.
History:
1990 c 391 art 4 s 4; 1991 c 214 s 3; 1998 c 312 s 2
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.111 — Appeal Of Board Orders.

103D.111 APPEAL OF BOARD ORDERS.
Subdivision 1.
Reviewing establishment and termination decisions.
In a proceeding to establish or terminate a watershed district where the board elected not to refer the proceeding to the Office of Administrative Hearings, a local unit of government or 25 or more residents within the area affected by the proceeding may, prior to judicial appeal of the board's decision, demand a contested case hearing to be conducted by the Office of Administrative Hearings. In the report of the administrative law judge, the fees of the Office of Administrative Hearings and transcript fees may be apportioned among the parties and the board. Apportionment must be based on the degree to which the parties and the board prevailed, or caused unnecessary delay or expense. Following receipt of the report of the administrative law judge, the board shall make a final decision in accordance with chapter 14.
Subd. 2.
Appeals of final board decisions.
A party that is aggrieved by the final decision made by the board may appeal the decision to the court of appeals in the manner provided by sections 14.63 to 14.69.
History:
1990 c 391 art 4 s 5; 1991 c 214 s 4
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103D — Watershed Districts › Section 103D.201 — Watershed District Purposes.

103D.201 WATERSHED DISTRICT PURPOSES.
Subdivision 1.
General purposes.
To conserve the natural resources of the state by land use planning, flood control, and other conservation projects by using sound scientific principles for the protection of the public health and welfare and the provident use of the natural resources, the establishment of watershed districts is authorized under this chapter.
Subd. 2.
Specific purposes.
A watershed district may be established for any of the following purposes:
(1) to control or alleviate damage from floodwaters;
(2) to improve stream channels for drainage, navigation, and any other public purpose;
(3) to reclaim or fill wet and overflowed land;
(4) to provide a water supply for irrigation;
(5) to regulate the flow of streams and conserve the streams' water;
(6) to divert or change all or part of watercourses;
(7) to provide or conserve water supply for domestic, industrial, recreational, agricultural, or other public use;
(8) to provide for sanitation and public health, and regulate the use of streams, ditches, or watercourses to dispose of waste;
(9) to repair, improve, relocate, modify, consolidate, and abandon all or part of drainage systems within a watershed district;
(10) to control or alleviate soil erosion and siltation of watercourses or water basins;
(11) to regulate improvements by riparian property owners of the beds, banks, and shores of lakes, streams, and wetlands for preservation and beneficial public use;
(12) to provide for hydroelectric power generation;
(13) to protect or enhance the water quality in watercourses or water basins; and
(14) to provide for the protection of groundwater and regulate its use to preserve it for beneficial purposes.
History:
1990 c 391 art 4 s 6