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2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.231 — Dismissing Or Delaying Proceedings; Petitioners.

103E.231 DISMISSING OR DELAYING PROCEEDINGS; PETITIONERS.
Subdivision 1.
Dismissal.
(a) A proceeding under this chapter may be dismissed by a majority of the petitioners if they own at least 60 percent of the area owned by all of the petitioners as described in the petition.
(b) The proceeding may be dismissed at any time before the proposed drainage project is established after payment of the cost of the proceeding. If the costs cannot be collected, each and all petitioners are liable for unpaid assessments. The drainage authority shall determine and assess the cost of the proceeding against the persons liable. After the proceeding is dismissed any other action on the proposed drainage project must begin with a new petition.
Subd. 2.
Delay.
The drainage authority may delay drainage proceedings and drainage project construction under this chapter if a majority of the petitioners petition for a delay and the drainage authority holds a hearing on the petition. The delay may be for a period determined by the drainage authority. The drainage authority shall determine the cost of the proceedings up to the time the proceedings are delayed and when the costs are to be paid. The costs may include interest on the costs due.
History:
1990 c 391 art 5 s 33
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.235 — Drainage System In Two Or More Counties.

103E.235 DRAINAGE SYSTEM IN TWO OR MORE COUNTIES.
Subdivision 1.
Designation.
A petition for a proposed drainage project in two or more counties must be designated as a joint county drainage system with a number assigned by the auditor of the county with the largest area of property in the drainage system.
Subd. 2.
Joint county drainage authority.
The board where a petition for a proposed joint county drainage project is filed shall notify the board of each county where property is affected by the drainage system and request the boards to meet jointly and consider the petition. The boards shall select five of their members at the meeting to be the drainage authority. At least one member must be from each board. The drainage authority shall be known as the joint county drainage authority with a joint county drainage project or system number. A vacancy in the membership of the joint county drainage authority must be filled by joint action of the boards.
Subd. 3.
Transfer of drainage systems to watershed districts not affected.
This section does not affect the transfer of a drainage system to the board of managers of a watershed district under chapter 103D.
History:
1990 c 391 art 5 s 34
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.238 — County Attorney Review Of Petition And Bond.

103E.238 COUNTY ATTORNEY REVIEW OF PETITION AND BOND.
The county attorney must review each petition and bond filed with the county to determine if it meets the requirement of the proceedings for which it is intended. The county attorney must review the petition and bond within 30 days after it is filed. The county attorney must:
(1) refer the petition and bond back to the petitioners if it does not meet the requirements, with the county attorney's opinion describing the deficiencies of the petition; or
(2) refer the petition to the drainage authority.
History:
1990 c 391 art 5 s 35
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.251 — Filing Preliminary Survey Report.

103E.251 FILING PRELIMINARY SURVEY REPORT.
The engineer shall file the completed preliminary survey report in duplicate with the auditor. The auditor shall send one copy of the report to the director. If the proposed drainage project involves a joint county drainage project or system, a copy of the report must be filed with the auditor of each affected county.
History:
1990 c 391 art 5 s 38
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.255 — Commissioner's Preliminary Advisory Report.

103E.255 COMMISSIONER'S PRELIMINARY ADVISORY REPORT.
The commissioner shall make a preliminary advisory report to the drainage authority with an opinion about the adequacy of the preliminary survey report. The commissioner shall state any additional investigation and evaluation that should be done relating to public waters that may be affected and environmental, land use, and multipurpose water management criteria in section 103E.015, subdivision 1, and cite specific portions of the preliminary survey report that are determined inadequate. The commissioner shall file an initial preliminary advisory report with the auditor before the date of the preliminary hearing. The commissioner may request additional time for review and evaluation of the preliminary survey report if additional time is necessary for proper evaluation. A request for additional time for filing the commissioner's preliminary advisory report may not be made more than five days after the date of the notice by the auditor that a date is to be set for the preliminary hearing. An extension of time may not exceed two weeks after the date of the request.
History:
1990 c 391 art 5 s 39; 2014 c 164 s 8
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.265 — Order For Detailed Survey And Survey Report.

103E.265 ORDER FOR DETAILED SURVEY AND SURVEY REPORT.
Subdivision 1.
Order.
When the preliminary hearing order is filed with the auditor, the drainage authority shall order the engineer to make a detailed survey with plans and specifications for the proposed drainage project and submit a detailed survey report to the drainage authority as soon as possible.
Subd. 2.
Waiver.
The drainage authority may waive the detailed survey order and the detailed survey if it determines that adequate data, plans, and specifications have been furnished by a United States engineer.
History:
1990 c 391 art 5 s 41
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.271 — Detailed Survey.

103E.271 DETAILED SURVEY.
Subdivision 1.
Survey and examination.
When an order for a detailed survey is filed, the engineer shall proceed to survey the lines of the proposed drainage project in the preliminary hearing order, and survey and examine affected property.
Subd. 2.
Survey requirements.
All drainage lines must be surveyed in 100-foot stations and elevations must be based on standard sea level datum, if practical. Benchmarks must be established on permanent objects along the drainage line, not more than one mile apart. Field notes made by the engineer must be entered in bound field books and preserved by the engineer until they are filed with the auditor.
History:
1990 c 391 art 5 s 42
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.275 — Engineer's Variance From Drainage Authority Order.

103E.275 ENGINEER'S VARIANCE FROM DRAINAGE AUTHORITY ORDER.
(a) In planning a proposed drainage project, the engineer may vary from the starting point and the line and plan described by the preliminary hearing order if necessary to drain the property likely to be assessed in the proposed drainage project.
(b) The engineer may:
(1) survey and recommend the location of additional necessary ditches and tile;
(2) where better results will be accomplished and more desirable outlets secured, provide for the extension of the outlet; and
(3) provide for different parts of the drainage to flow in different directions with more than one outlet.
(c) The open ditches do not have to connect if they drain the area to be affected in the petition. The variance must be reported with similar information in the detailed survey report.
History:
1990 c 391 art 5 s 43
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.281 — Soil Survey.

103E.281 SOIL SURVEY.
The engineer shall make a soil survey if: (1) the drainage authority orders a soil survey; (2) the commissioner requests a soil survey; or (3) the engineer determines a soil survey is necessary. The soil survey must show the nature and character of the soil in the proposed drainage project area and include the engineer's findings from the soil survey. The report on the soil survey must be included in the detailed survey report or reported and filed separately before the final hearing.
History:
1990 c 391 art 5 s 44
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.291 — Filing Detailed Survey Report.

103E.291 FILING DETAILED SURVEY REPORT.
The engineer must file the detailed survey report with the auditor where the proceedings are pending and the auditor must deliver a copy of the detailed survey report to the commissioner. The engineer must also file copies of the detailed survey report with the auditors of any affected counties.
History:
1990 c 391 art 5 s 46
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.295 — Revising Engineer's Detailed Survey Report After Acceptance.

103E.295 REVISING ENGINEER'S DETAILED SURVEY REPORT AFTER ACCEPTANCE.
After the final acceptance of the proposed drainage project, the engineer shall revise the plan, profiles, and designs of structures to show the drainage project as actually constructed on the original tracings. The engineer shall file the revised detailed survey report with the auditor. The auditor shall forward the original or a copy to the director as a permanent record.
History:
1990 c 391 art 5 s 47
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.301 — Commissioner's Final Advisory Report.

103E.301 COMMISSIONER'S FINAL ADVISORY REPORT.
(a) The commissioner shall examine the detailed survey report and within 30 days of receipt make a final advisory report to the drainage authority. The final advisory report must state whether the commissioner:
(1) finds the detailed survey report is incomplete and not in accordance with the provisions of this chapter, specifying the incomplete or nonconforming provisions;
(2) approves the detailed survey report as an acceptable plan to drain the property affected;
(3) does not approve the plan and recommendations for changes;
(4) finds the proposed drainage project is not of public benefit or utility under the environmental, land use, and multipurpose water management criteria in section 103E.015, subdivision 1, specifying the facts and evidence supporting the findings; or
(5) finds a soil survey is needed, and, if it is, makes a request to the engineer to make a soil survey.
(b) The commissioner shall direct the final advisory report to the drainage authority and file it with the auditor.
History:
1990 c 391 art 5 s 48; 2014 c 164 s 12
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.305 — Viewers' Appointment And Qualification.

103E.305 VIEWERS' APPOINTMENT AND QUALIFICATION.
Subdivision 1.
Appointment.
When the order for a detailed survey is made, the drainage authority shall, by order, appoint viewers consisting of three disinterested residents of the state qualified to assess benefits and damages. The drainage authority may establish qualifications for viewers.
Subd. 2.
Auditor's order for first meeting.
Within five days after the detailed survey report is filed, the auditor shall, by order, designate the time and location for the first meeting of the viewers and issue a copy to the viewers of the auditor's order and a certified copy of the order appointing the viewers.
Subd. 3.
First meeting.
At the first meeting and before beginning their duties, the viewers shall subscribe to an oath to faithfully perform their duties. If an appointed viewer does not qualify for any reason, the auditor shall designate another qualified person to take the disqualified viewer's place.
History:
1990 c 391 art 5 s 49
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.311 — Viewer Duties.

103E.311 VIEWER DUTIES.
The viewers, with or without the engineer, shall determine the benefits and damages to all property affected by the proposed drainage project and make a viewers' report.
History:
1990 c 391 art 5 s 50
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.321 — Viewers' Report.

103E.321 VIEWERS' REPORT.
Subdivision 1.
Requirements.
The viewers' report must show, in tabular form, for each lot, 40-acre tract, and fraction of a lot or tract under separate ownership that is benefited or damaged:
(1) a description of the lot or tract, under separate ownership, that is benefited or damaged;
(2) the names of the owners as they appear on the current tax records of the county and their addresses;
(3) the number of acres in each tract or lot;
(4) the number and value of acres added to a tract or lot by the proposed drainage of public waters;
(5) the damage, if any, to riparian rights;
(6) the damages paid for the permanent strip of perennial vegetation under section 103E.021;
(7) the total number and value of acres added to a tract or lot by the proposed drainage of public waters, wetlands, and other areas not currently being cultivated;
(8) the number of acres and amount of benefits being assessed for drainage of areas which before the drainage benefits could be realized would require a public-waters-work permit to work in public waters under section 103G.245 to excavate or fill a navigable water body under United States Code, title 33, section 403, or a permit to discharge into waters of the United States under United States Code, title 33, section 1344;
(9) the number of acres and amount of benefits being assessed for drainage of areas that would be considered conversion of a wetland under United States Code, title 16, section 3821, if the area was placed in agricultural production;
(10) the amount of right-of-way acreage required; and
(11) the amount that each tract or lot will be benefited or damaged.
Subd. 2.
Benefits and damages statement.
(a) The viewers' report must include a benefits and damages statement that shows for each property owner how the benefits or damages for similar tracts or lots were determined. For similar tracts or lots the report must describe:
(1) the existing land use, property value, and economic productivity;
(2) the potential land use, property value, and economic productivity after the drainage project is constructed; and
(3) the benefits or damages from the proposed drainage project.
(b) The soil and water conservation districts and county assessors shall cooperate with viewers to provide information required under paragraph (a).
Subd. 3.
Disagreement of viewers.
If the viewers are unable to agree, each viewer shall separately state findings on the disputed issue. A majority of the viewers may perform the required duties under this chapter.
Subd. 4.
Filing.
When the viewers complete their duties, they shall file the viewers' report with the auditor of each affected county. A detailed statement must be filed with the viewers' report showing the actual time the viewers were engaged and the costs incurred. The viewers shall perform their duties and complete the viewers' report as soon as possible after their first meeting.
History:
1990 c 391 art 5 s 52; 2007 c 57 art 1 s 113
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.323 — Property Owners' Report.

103E.323 PROPERTY OWNERS' REPORT.
Subdivision 1.
Report.
Within 30 days after the viewers' report is filed, the auditor must make a property owners' report from the information in the viewers' report showing for each property owner benefited or damaged by the proposed drainage project:
(1) the name and address of the property owner;
(2) each lot or tract and its area that is benefited or damaged;
(3) the total number and value of acres added to a tract or lot by the proposed drainage of public waters, wetlands, and other areas not currently being cultivated;
(4) the number of acres and amount of benefits being assessed for drainage of areas which before the drainage benefits could be realized would require a public-waters-work permit to work in public waters under section 103G.245 to excavate or fill a navigable water body under United States Code, title 33, section 403, or a permit to discharge into waters of the United States under United States Code, title 33, section 1344;
(5) the number of acres and amount of benefits being assessed for drainage of areas that would be considered conversion of a wetland under United States Code, title 16, section 3821, if the area was placed in agricultural production;
(6) the damage, if any, to riparian rights;
(7) the amount of right-of-way acreage required;
(8) the amount that each tract or lot will be benefited or damaged;
(9) the net damages or benefits to each property owner;
(10) the estimated cost to be assessed to the property owner based on the cost of the drainage project in the engineer's detailed survey report; and
(11) a copy of the benefits and damages statement under section 103E.321, subdivision 2, paragraph (a), relating to the property owner.
Subd. 2.
Mailing.
The auditor must mail a copy of the property owners' report to each owner of property affected by the proposed drainage project, and may prepare and file an affidavit of mailing.
History:
1990 c 391 art 5 s 53
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.325 — Final Hearing Notice.

103E.325 FINAL HEARING NOTICE.
Subdivision 1.
Time.
Promptly after the filing of the viewers' report and the commissioner's final advisory report, the drainage authority after consulting with the auditor shall set a time and location for the final hearing on the petition, the detailed survey report, and the viewers' report. The hearing must be set 25 to 50 days after the date of the final hearing notice.
Subd. 2.
Notice.
(a) The final hearing notice must state:
(1) that the petition is pending;
(2) that the detailed survey report is filed;
(3) that the viewers' report is filed;
(4) the time and place set for the final hearing;
(5) a brief description of the proposed drainage project and affected drainage system, giving in general terms the starting point, terminus, and general course of the main ditch and branches;
(6) a description of property benefited and damaged, and the names of the owners of the property; and
(7) the municipal and other corporations affected by the proposed drainage project as shown by the detailed survey report and viewers' report.
(b) Names may be listed in a narrative form and property affected may be separately listed in narrative form by governmental sections or otherwise.
(c) For a joint county proceeding, separate notice may be prepared for each county affected, showing the portion of the proposed drainage project and the names and descriptions of affected property in the county.
Subd. 3.
Method of notice.
The auditor shall notify the drainage authority, auditors of affected counties, and all interested persons of the time and location of the final hearing by publication, posting, and mail. A printed copy of the final hearing notice for each affected county must be posted at least three weeks before the date of the final hearing at the front door of the courthouse in each county. Within one week after the first publication of the notice, the auditor shall give notice by mail of the time and location of the final hearing to the commissioner, all property owners, and others affected by the proposed drainage project and listed in the detailed survey report and the viewers' report.
Subd. 4.
Defective notice.
If the final hearing notice is not given or is not legally given, the auditor shall properly publish, post, and mail the notice or provide the notice under the provisions to cure defective notice in section 103E.035.
History:
1990 c 391 art 5 s 54
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.331 — Jurisdiction Of Property By Drainage Authority.

103E.331 JURISDICTION OF PROPERTY BY DRAINAGE AUTHORITY.
After the final hearing notice is given, the drainage authority has jurisdiction of all property described in the detailed survey report and viewers' report, of the persons and municipalities named in the reports, and of persons having an interest in a mortgage, lien, or encumbrance against property described in the reports.
History:
1990 c 391 art 5 s 55
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.335 — Proceedings At Final Hearing.

103E.335 PROCEEDINGS AT FINAL HEARING.
Subdivision 1.
Consideration of petition and reports.
At the time and location for the final hearing specified in the notice, or after the hearing adjourns, the drainage authority shall consider the petition for the drainage project, with all matters pertaining to the detailed survey report, the viewers' report, and the commissioner's final advisory report. The drainage authority shall hear and consider the testimony presented by all interested parties. The engineer or the engineer's assistant and at least one viewer shall be present. The director may appear and be heard. If the director does not appear personally, the final advisory report shall be read during the hearing. The final hearing may be adjourned and reconvened as is necessary.
Subd. 2.
Changes in drainage plan.
If the drainage authority determines that the general plan reported by the engineer may be improved by changes, or that the viewers have made an inequitable assessment of benefits or damages to any property, the drainage authority may amend the detailed survey report or the viewers' report, and make necessary and proper findings in relation to the reports. The drainage authority may resubmit matters to the engineer or to the viewers for immediate consideration. The engineer or viewers shall proceed promptly to reconsider the resubmitted matters and shall make and file the amended findings and reports. The amended reports are a part of the original reports.
Subd. 3.
Reexamination.
If the drainage authority determines that property not included in the notice should be included and assessed or that the engineer or viewers, or both, should reexamine the proposed drainage project or the property benefited or damaged by the system, the drainage authority may resubmit the reports to the engineer and viewers. If a report is resubmitted, the final hearing may be continued as is necessary to make the reexamination and reexamination report. If the reexamination report includes property not included in the original report, the drainage authority may, by order, adjourn the hearing and direct the auditor to serve or publish, post, and mail a final hearing notice with reference to all property not included in the previous notice. The jurisdiction of the drainage authority continues in the property given proper notice, and new or additional notice is not required for that property.
History:
1990 c 391 art 5 s 56
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.341 — Drainage Authority Final Order.

103E.341 DRAINAGE AUTHORITY FINAL ORDER.
Subdivision 1.
Dismissal of proceedings.
The drainage authority must dismiss the proceedings and petition, by order, if it determines that:
(1) the benefits of the proposed drainage project are less than the total cost, including damages awarded;
(2) the proposed drainage project will not be of public benefit and utility; or
(3) the proposed drainage project is not practicable after considering the environmental, land use, and multipurpose water management criteria in section 103E.015, subdivision 1.
Subd. 2.
Establishing proposed drainage project.
(a) The drainage authority shall establish, by order, a proposed drainage project if it determines that:
(1) the detailed survey report and viewers' report have been made and other proceedings have been completed under this chapter;
(2) the reports made or amended are complete and correct;
(3) the damages and benefits have been properly determined;
(4) the estimated benefits are greater than the total estimated cost, including damages;
(5) the proposed drainage project will be of public utility and benefit, and will promote the public health; and
(6) the proposed drainage project is practicable.
(b) The order must contain the drainage authority's findings, adopt and confirm the viewers' report as made or amended, and establish the proposed drainage project as reported and amended.
History:
1990 c 391 art 5 s 57; 2014 c 164 s 13
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.345 — Apportioning Cost For Joint County Drainage Systems.

103E.345 APPORTIONING COST FOR JOINT COUNTY DRAINAGE SYSTEMS.
For joint county proceedings, the auditor where the petition is filed shall file a certified copy of the viewers' report with the auditor of each affected county within 20 days after the date of the final order establishing the system. When the final order to establish the drainage project is made, the drainage authority shall determine and order the percentage of the cost of the drainage project to be paid by each affected county. The cost shall be in proportion to the benefits received, unless there is a contrary reason. An auditor of an affected county may petition the drainage authority after the final order is made to determine and order the percentage of costs to be paid by the affected counties. The drainage authority shall hold a hearing five days after giving written notice to the auditor of each affected county. After giving the notice to the auditors of the affected counties, the drainage authority may, at any time that it is necessary, modify an order or make an additional order to allocate the cost among the affected counties.
History:
1990 c 391 art 5 s 58
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.351 — Redetermining Benefits And Damages.

103E.351 REDETERMINING BENEFITS AND DAMAGES.
Subdivision 1.
Conditions to redetermine benefits and damages; appointing viewers.
(a) If the drainage authority determines that the benefits or damages of record determined in a drainage proceeding do not reflect reasonable present-day land values or that the benefited or damaged areas have changed, the drainage authority may appoint three viewers to redetermine and report the benefits and damages and the benefited and damaged areas.
(b) If more than 26 percent of the owners of property or owners of 26 percent of the property that is benefited or damaged by a drainage system petition to redetermine benefits and damages, the drainage authority must make a determination on the petition according to paragraph (a).
Subd. 2.
Hearing and procedure.
(a) The redetermination of benefits and damages must proceed as provided for viewers and the viewers' report in sections 103E.311 to 103E.321.
(b) The auditor or secretary must prepare a property owners' report from the viewers' report. A copy of the property owners' report must be mailed to each owner of property affected by the drainage system.
(c) The drainage authority must hold a final hearing on the report and confirm the benefits and damages and benefited and damaged areas. The final hearing must proceed as provided under sections 103E.325, 103E.335, and 103E.341.
Subd. 3.
Using redetermined benefits and damages.
The redetermined benefits and damages and the redetermined benefited and damaged areas must be used in place of the benefits and damages of record and the benefited and damaged areas of record in all subsequent proceedings relating to the drainage system.
Subd. 4.
Appeal.
A person aggrieved by the redetermination of benefits and damages and benefited and damaged areas may appeal from the order confirming the benefits and damages and benefited and damaged areas under section 103E.091.
History:
1990 c 391 art 5 s 59; 2019 c 24 s 4-6
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.405 — Outlets In Adjoining States.

103E.405 OUTLETS IN ADJOINING STATES.
In any drainage proceeding, at the hearing on the detailed survey report and viewers' report, if the drainage authority determines that a proper outlet for the drainage system does not exist except through property in an adjoining state, the drainage authority may adjourn the hearing. If the hearing is adjourned the drainage authority shall require the auditor or, for a joint county drainage system, the auditors of affected counties to procure an option to acquire the needed right-of-way at an expense not exceeding the estimated cost specified in the detailed survey report. The order establishing the drainage project may not be made until the option is procured. If the option is procured and the drainage project established, the option shall be exercised and the cost of the right-of-way shall be paid as a part of the cost of the drainage project.
History:
1990 c 391 art 5 s 61
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.515 — Damages; Payment.

103E.515 DAMAGES; PAYMENT.
The board of each county where the damaged property is located must order the awarded damages to be paid, less any assessment against the property, before the property is entered for construction of the drainage project. If a county or a municipality that is awarded damages requests it, the assessment may not be deducted. If there is an appeal, the damages may not be paid until the final determination. If it is not clear who is entitled to the damages, the board may pay the damages to the court administrator of the district court of the county. The court shall direct the court administrator, by order, to pay the parties entitled to the damages.
History:
1990 c 391 art 5 s 66
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.521 — Construction Supervision.

103E.521 CONSTRUCTION SUPERVISION.
The drainage authority shall require the engineer to supervise and inspect the construction under contract. The drainage authority shall cause the contracts under this chapter to be performed properly.
History:
1990 c 391 art 5 s 67
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.525 — Constructing And Maintaining Bridges And Culverts.

103E.525 CONSTRUCTING AND MAINTAINING BRIDGES AND CULVERTS.
Subdivision 1.
Hydraulic capacity.
A public or private bridge or culvert may not be constructed or maintained across or in a drainage system with less hydraulic capacity than specified in the detailed survey report, except with the written approval of the director. If the detailed survey report does not specify the hydraulic capacity, a public or private bridge or culvert in or across a drainage system ditch may not be constructed without the director's approval of the hydraulic capacity.
Subd. 2.
Road authority responsibility.
Bridges and culverts on public roads required by the construction or improvement of a drainage project or system must be constructed and maintained by the road authority responsible for keeping the road in repair, except as provided in this section.
Subd. 3.
Notice; charging cost.
The auditor shall notify the state and each railroad company, corporation, or political subdivision that they are to construct a required bridge or culvert on a road or right-of-way under their jurisdiction, within a reasonable time as stated in the notice. If the work is not done within the prescribed time, the drainage authority may order the bridge or culvert constructed as part of the drainage project construction. The cost must be deducted from the damages awarded to the corporation or collected from it as an assessment for benefits. If the detailed survey report or viewers' report shows that the construction of the bridge or culvert is necessary, the drainage authority may, by order, retain an amount to secure the construction of the bridge or culvert from amounts to be paid to a railroad, corporation, or political subdivision.
Subd. 4.
Construction on line between two cities.
The costs of constructing a bridge or culvert that is required by construction of a drainage project on a public road that is not a state trunk highway on the line between two statutory or home rule charter cities, whether in the same county or not, must be paid jointly, in equal shares, by the cities. The cities shall pay jointly, in equal shares, for the cost of maintaining the bridge or culvert.
Subd. 5.
Construction on town and county lines.
The cost of constructing and maintaining bridges and culverts on a town or county road across a drainage system ditch constructed along the boundary line between towns or counties, with excavated material deposited on the boundary line or within 33 feet of the line, must be paid equally by the town or county where the bridge or culvert is located and the other town or county adjoining the boundary.
History:
1990 c 391 art 5 s 68; 2013 c 4 s 11
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.526 — Constructing Road Instead Of Bridge Or Culvert.

103E.526 CONSTRUCTING ROAD INSTEAD OF BRIDGE OR CULVERT.
If the drainage authority finds that constructing a private road would be more cost-effective or practical than constructing a bridge or culvert, the drainage authority may order that a private road be constructed. The private road must be constructed and maintained in the same manner as a bridge or culvert. The private road must be constructed in a manner suitable for farm vehicles but may not have a right-of-way wider than 33 feet. The drainage authority has jurisdiction over the land required for the private road and the road is part of the drainage system.
History:
1990 c 391 art 5 s 69
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.53 — Rules To Standardize Forms.

103E.53 RULES TO STANDARDIZE FORMS.
The director may adopt rules to standardize the forms and sizes of maps, plats, drawings, and specifications in drainage proceedings. The director must require the permanent grass strips acquired under section 103E.021 to be shown on the maps and maintain an inventory of all permanent grass strips acquired by drainage authorities.
History:
1990 c 391 art 5 s 70
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.531 — Inspecting Drainage Construction; Partial Payments.

103E.531 INSPECTING DRAINAGE CONSTRUCTION; PARTIAL PAYMENTS.
Subdivision 1.
Inspection and report.
The engineer shall inspect and require the work as it is being completed to be done in accordance with the plans, specifications, and contract for construction. Each month during the work, the engineer shall report to the drainage authority, in writing, showing the work completed since the previous report and all materials furnished under the contract.
Subd. 2.
Preliminary certificate.
The engineer shall issue with the monthly report a preliminary certificate for work done and approved or materials delivered. The certificate must contain the station numbers of the work covered by the certificate and the total value of all work done and the materials furnished according to the contract. For each ditch section, the certificate must show the actual volume, in cubic yards, of the excavation completed. For joint county drainage systems the certificate must also show the percentage of the total value to be paid by each county in the proportion fixed by the drainage authority order. Each certificate must show that a loss will not occur as a result of a partial payment. A duplicate of the certificate must be delivered to the auditor of each affected county.
Subd. 3.
Partial payment.
The affected counties must pay the contractor, based on the certificate, 90 percent of the total value of work done and approved and 90 percent of the total value of material furnished and delivered. The materials may only be delivered as required in the course of construction and authorized by the engineer.
History:
1990 c 391 art 5 s 71
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.535 — Partial Payment Of Retained Contract Amounts.

103E.535 PARTIAL PAYMENT OF RETAINED CONTRACT AMOUNTS.
Subdivision 1.
Petition for partial payment of retained value.
If a single contract exceeds $50,000, and the contract, exclusive of materials furnished and not installed, is one-half or more complete and the contractor is not in default, the contractor may file a verified petition with the auditor stating these facts and requesting that an order be made to pay 40 percent of the retained value of work and material.
Subd. 2.
Notice of hearing.
When the petition is filed, the auditor shall set a time and location for a hearing on the petition before the drainage authority. At least five days before the date of hearing, the auditor shall give notice by mail of the date and location of hearing to the engineer, the attorney for the petitioners, the surety of the contractor's bond, and auditors of the affected counties.
Subd. 3.
Hearing.
At the hearing the drainage authority shall hear all parties interested. If the drainage authority determines that the facts in the petition are correct, the work has been performed in a satisfactory manner, and a portion of the retained percentage may be released without endangering the interests of affected counties, the drainage authority shall state the findings and may order not more than 40 percent of the retained value of work and material to be paid.
History:
1990 c 391 art 5 s 72
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.541 — Extending Time On Contracts.

103E.541 EXTENDING TIME ON CONTRACTS.
The auditors of affected counties may extend the time for the performance of a contract as provided in this section. The contractor may apply, in writing, for an extension of the contract. Notice of the application must be given to: (1) the engineer and the attorney for the petitioners; and (2) for a joint county drainage project, to the auditors of the affected counties. The auditors may grant an extension if sufficient reasons are shown. The extension does not affect a claim for liquidated damages that may arise after the original time expires and before an extension or a claim that may arise after the time for the extension expires.
History:
1990 c 391 art 5 s 73
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.545 — Reducing Contractor's Bond.

103E.545 REDUCING CONTRACTOR'S BOND.
Subdivision 1.
Application to drainage authority.
(a) The contractor, at the end of each season's work and before the contract is completed, may make a verified application to the drainage authority to reduce the contractor's bond and file the application with the auditor. The application must state:
(1) the work certified as completed by the engineer;
(2) the value of the certified work;
(3) the amount of money received by the contractor and the amount retained by the drainage authority;
(4) the amount unpaid by the contractor for labor or material furnished on the contract; and
(5) a request for an order to reduce the amount of the contractor's bond.
(b) The application must be filed with the auditor.
Subd. 2.
Notice of hearing.
When an application is filed, the auditor, by order, shall set the time and location for a hearing on the application. Ten days before the hearing, notice of the hearing must be published in each affected county and notice by mail given to the engineer, the attorney for the petitioners, and the auditor of each affected county. The contractor must pay the cost of publishing the hearing notice.
Subd. 3.
Hearing; bond reduction.
The drainage authority may, by order, reduce the contractor's bond if it determines that the contractor is not in default and that a loss will not result from reducing the bond. The bond may be reduced to an amount sufficient to protect the affected counties from loss and damage, but the reduction:
(1) may not be more than 35 percent of the amount already paid to the contractor;
(2) may not affect the remaining amount of the bond;
(3) does not affect liability incurred on the bond before the reduction; and
(4) does not affect a provision for a three-year guaranty of tile work.
History:
1990 c 391 art 5 s 74
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.551 — Contractor Default.

103E.551 CONTRACTOR DEFAULT.
Subdivision 1.
Notice.
If a contractor defaults in the performance of the contract, the auditor shall mail a notice of the default to the contractor, the surety of the contractor's bond, the engineer, and the auditors of the affected counties. The notice must specify the default and state that if the default is not promptly removed and the contract completed, the unfinished portion of the contract will be awarded to another contractor.
Subd. 2.
Completing contract by surety.
If the surety of the contractor's bond promptly proceeds with the completion of the contract, the affected auditors may grant an extension of time. If the contract is completed by the surety, the balance due on the contract must be paid to the surety, less damages incurred by the affected counties from the default.
Subd. 3.
Awarding contract; recovery on bond.
If the surety of the contractor's bond does not undertake the completion of the contract or does not complete the contract within the time specified or extended, auditors of the affected counties shall advertise for bids to complete the contract in the manner provided in the original awarding of contracts. The drainage authority may recover the increased amounts paid to a subsequent contractor after reselling the work, and damages incurred by affected counties, from the first contractor's bond.
History:
1990 c 391 art 5 s 75
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.555 — Accepting Contract.

103E.555 ACCEPTING CONTRACT.
Subdivision 1.
Engineer's report and notice.
When a contract is completed, the engineer shall make a report to the drainage authority showing the contract price, the amount paid on certificates, the unpaid balance, and the work that is completed under the contract. When the report is filed, the auditor shall set a time and location for a hearing on the report. The auditor shall give notice of the hearing by publication or notice by mail at least ten days before the hearing to the owners of affected property. The notice must state that the report is filed, the time and location for the hearing, and that a party objecting to the acceptance of the contract may appear and be heard.
Subd. 2.
Hearing.
At the hearing the drainage authority may, by order, direct payment of the balance due if it determines that the contract has been completed in accordance with the plans and specifications. If good cause is shown, the drainage authority may waive any part of the liquidated damages accruing under the contract. When the order is filed, the auditor shall draw a warrant on the treasurer of the county for the balance due on the contract. For a joint county drainage project or system the auditor shall make an order to the auditors of the affected counties to pay for their proportionate shares of the balance due on the contract. After receiving the order, the auditor of each affected county shall draw a warrant on the treasurer of the county for the amount specified in the order.
History:
1990 c 391 art 5 s 76
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.601 — Drainage Lien Statement.

103E.601 DRAINAGE LIEN STATEMENT.
Subdivision 1.
Determining property liability.
When the contract for the construction of a drainage project is awarded, the auditor of an affected county shall make a statement showing the total cost of the drainage project with the estimated cost of all items required to complete the work. The cost must be prorated to each tract of property affected in direct proportion to the benefits. The cost, less any damages, is the amount of liability for each tract for the drainage project. The property liability must be shown in the tabular statement as provided in subdivision 2, opposite the property owner's name and description of each tract of property. The amount of liability on a tract of property for establishment and construction of a drainage project may not exceed the benefits determined in the proceedings that accrue to the tract.
Subd. 2.
Drainage lien statement.
The auditor of each affected county shall make a lien statement in tabular form showing:
(1) the names of the property owners, corporate entities, or political subdivisions of the county benefited or damaged by the construction of the drainage project in the viewers' report as approved by the final order for establishment;
(2) the description of the property in the viewers' report, and the total number of acres in each tract according to the county tax lists;
(3) the number of acres benefited or damaged in each tract shown in the viewers' report;
(4) the amount of benefits and damages to each tract of property as stated in the viewers' report and confirmed by the final order that established the drainage project unless the order is appealed and a different amount is set; and
(5) the amount each tract of property will be liable for and must pay to the county for the establishment and construction of the drainage project.
Subd. 3.
Supplemental drainage lien statement.
If any items of the cost of the drainage project have been omitted from the original drainage lien statement, a supplemental drainage lien statement with the omitted items must be made and recorded in the same manner provided for a drainage lien statement. The total amount of the original drainage lien and any supplemental drainage liens may not exceed the benefits.
Subd. 4.
Recording lien.
The lien against property in the drainage lien statement and supplemental drainage lien statements must be certified by the auditor and recorded on each tract by the county recorder of the county where the tract is located. The county recorder's fees for recording must be paid if allowed by the board. The drainage lien statement and any supplemental drainage lien statements, after recording, must be returned and preserved by the auditor.
History:
1990 c 391 art 5 s 77
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103E — Drainage › Section 103E.605 — Effect Of Filed Drainage Lien.

103E.605 EFFECT OF FILED DRAINAGE LIEN.
The amount recorded from the drainage lien statement and supplemental drainage lien statement that each tract of property will be liable for, and the interest allowed on that amount, is a drainage lien on the property. The drainage lien is a first and paramount lien until fully paid, and has priority over all mortgages, charges, encumbrances, and other liens, unless the board subordinates the drainage lien to liens of record. The recording of the drainage lien, drainage lien statement, or a supplemental drainage lien statement is notice to all parties of the existence of the drainage lien.
History:
1990 c 391 art 5 s 78