Watershed Districts (Minnesota Statutes: Chapter 103D)

CHAPTER 103D​ WATERSHED DISTRICTS​ GENERAL PROVISIONS​ CITATION.​103D.001​ DEFINITIONS.​103D.011​ BOARD OF WATER AND SOIL RESOURCES​ BOARD OF WATER AND SOIL RESOURCES.​103D.101​ BOARD HEARINGS.​103D.105​ APPEAL OF BOARD ORDERS.​103D.111​ ESTABLISHING DISTRICTS​ WATERSHED DISTRICT PURPOSES.​103D.201​ ESTABLISHMENT PETITION.​103D.205​ AUDITOR'S CERTIFICATION OF PETITIONERS.​103D.211​ DIRECTOR'S REPORT.​103D.215​ ESTABLISHMENT HEARING; NOTICE.​103D.221​ HEARING AND ORDER TO ESTABLISH.​103D.225​ DISMISSING ESTABLISHMENT PROCEEDINGS.​103D.231​ CONSOLIDATION AND BOUNDARY CHANGES​ WATERSHED DISTRICT BOUNDARY CHANGES.​103D.251​ WITHDRAWING TERRITORY.​103D.255​ PROCEEDINGS TO ENLARGE WATERSHED​ DISTRICT.​ 103D.261​ CONSOLIDATING DISTRICTS.​103D.265​ TERMINATION​ PROCEDURE FOR TERMINATING WATERSHED​ DISTRICT.​ 103D.271​ MANAGERS​ DISTRIBUTION OF MANAGER POSITIONS.​103D.301​ INCREASING NUMBER OF MANAGERS.​103D.305​ APPOINTING MANAGERS.​103D.311​ MANAGERS.​103D.315​ PRINCIPAL PLACE OF BUSINESS​103D.321​ EMPLOYEES.​103D.325​ ADVISORY COMMITTEE.​103D.331​ DISTRICT AND MANAGERS' POWERS.​103D.335​ TECHNICAL ADVISORY COMMITTEES.​103D.337​ RULES.​103D.341​ PERMITS.​103D.345​ ANNUAL REPORT.​103D.351​ ANNUAL AUDIT.​103D.355​ WATERSHED MANAGEMENT PLAN​ WATERSHED MANAGEMENT PLAN.​103D.401​ REVISED WATERSHED MANAGEMENT PLAN.​103D.405​ AMENDMENT OF WATERSHED MANAGEMENT​ PLAN AND REVISED WATERSHED MANAGEMENT​ PLAN.​ 103D.411​ GENERAL PROVISIONS​ CONSTRUCTION AND ADMINISTRATION.​103D.501​ REFERENCE TO OTHER DRAINAGE LAWS.​103D.505​ CERTAIN CONDEMNATION PROVISIONS;​ APPLICABILITY.​ 103D.511​ PREEXISTING AND IMPROVED WATER RIGHTS.​103D.515​ RIGHTS ASSURED DUE PROCESS OF LAW.​103D.521​ PROCEEDINGS AFTER FAULTY NOTICES.​103D.525​ CONTINUANCE OF HEARINGS.​103D.531​ APPELLATE PROCEDURES AND REVIEW.​103D.535​ APPEALS OF RULES, PERMIT DECISIONS, AND​ ORDERS.​ 103D.537​ INFORMAL RESOLUTION OF DISPUTES.​103D.539​ APPEAL OF COURT ORDER.​103D.541​ ENFORCEMENT.​103D.545​ ENFORCING RULES AND ORDERS.​103D.551​ PROJECTS INITIATED BY MANAGERS​ PROJECT INITIATED BY MANAGERS.​103D.601​ BASIC WATER MANAGEMENT PROJECTS​ AND GOVERNMENT AID PROJECTS​ PROJECT CONSTRUCTED WITH GOVERNMENT​ AID OR AS PART OF PLAN.​ 103D.605​ CONSTRUCTION BY GOVERNMENT AGENCIES.​103D.611​ EMERGENCY PROJECTS​ EMERGENCY PROJECTS.​103D.615​ DRAINAGE SYSTEMS AND PROJECTS​ DRAINAGE IMPROVEMENTS.​103D.621​ DRAINAGE SYSTEMS IN WATERSHED DISTRICT.​103D.625​ PROJECT REPAIRS AND IMPROVEMENTS​ MAINTAINING PROJECTS.​103D.631​ REPAIRS AND IMPROVEMENTS EXCEEDING​ NORMAL MAINTENANCE.​ 103D.635​ WORK WITHOUT BID.​103D.641​ GENERAL PROCEDURE TO ESTABLISH PROJECTS​ PROJECT INITIATION.​103D.701​ PROJECT PETITION.​103D.705​ ENGINEER'S REPORT.​103D.711​ APPRAISERS; DETERMINING BENEFITS AND​ DAMAGES.​ 103D.715​ MANAGERS; DETERMINING BENEFITS AND​ DAMAGES.​ 103D.721​ BENEFITED PROPERTY; DETERMINATION.​103D.725​ WATER MANAGEMENT DISTRICT.​103D.729​ STORM WATER FACILITIES.​103D.730​ APPRAISERS' REPORT; EXAMINATION.​103D.731​ HEARING ON PETITION AND REPORTS.​103D.735​ HEARING NOTICE.​103D.741​ FINAL HEARING.​103D.745​ CONSTRUCTING AND IMPLEMENTING PROJECTS​ PROCEDURE WHEN CONTRACT IS NOT LET.​103D.801​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ MINNESOTA STATUTES 2018​1​ FILING MANAGERS' ORDER ESTABLISHING​ PROJECT.​ 103D.805​ BIDS FOR CONSTRUCTION.​103D.811​ CONTROLLING CONTRACTS.​103D.815​ BRIDGE OR GRADE REMOVAL; PASSAGE OF​ EQUIPMENT.​ 103D.821​ FUNDING WATERSHED DISTRICT AND PROJECTS​ ASSESSMENTS; LEVIES.​103D.901​ FUNDS OF WATERSHED DISTRICT.​103D.905​ BUDGET.​103D.911​ TAX LEVY.​103D.915​ DISTRICT COURT TO CREATE PRELIMINARY​ FUND.​ 103D.921​ WARRANTS.​103D.925​ GENERAL PROVISIONS​ 103D.001 CITATION.​ This chapter may be cited as the "Watershed Law."​ History: 1990 c 391 art 4 s 1​ 103D.011 DEFINITIONS.​ Subdivision 1. Applicability. The definitions in this section apply to this chapter.​ Subd. 2. Affected. "Affected" means the jurisdiction or property of an entity that receives benefits, is​ assessed costs, or is part of a watershed district.​ Subd. 3. Appraisers. "Appraisers" means the persons appointed by the managers to determine and report​ benefits and damages arising from a proposed project.​ Subd. 4. Auditor. "Auditor" means the county auditor of a county affected by a watershed district.​ Subd. 5. Board. "Board" means the Board of Water and Soil Resources.​ Subd. 6. City. "City" means a statutory or home rule charter city.​ Subd. 7. Commissioner. "Commissioner" means the commissioner of natural resources.​ Subd. 8. Court administrator. "Court administrator" means the court administrator of the district court​ of the county where a judicial proceeding concerning a watershed district is pending.​ Subd. 9. Director. "Director" means the director of the Division of Waters of the Department of Natural​ Resources.​ Subd. 10. Engineer. "Engineer" means the engineer designated by the managers to act as engineer.​ Subd. 11. Establishment petition. "Establishment petition" means a petition to establish a watershed​ district and may consist of one or more separate petitions.​ Subd. 12. Hearing. "Hearing" means a hearing conducted by the managers or the Board of Water and​ Soil Resources.​ Subd. 13. Interested party. "Interested party" means a person or political subdivision with an interest​ in the pending subject matter. Interested party includes the director or any agency of government.​ Subd. 14. Notice by mail. "Notice by mail" means a notice mailed and addressed to each person entitled​ to receive the notice if the address is known to the auditor or court administrator or can be obtained at the​ office of the county treasurer of the affected county.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 2​MINNESOTA STATUTES 2018​103D.001​ Subd. 15. Managers. "Managers" means the board of managers of a watershed district.​ Subd. 16. Metropolitan area. "Metropolitan area" has the meaning given in section 473.121, subdivision​ 2.​ Subd. 17. Municipality. "Municipality" means a statutory or home rule charter city.​ Subd. 18. Person. "Person" means an individual, firm, partnership, association, or corporation, but does​ not include a political subdivision.​ Subd. 19. Petition. "Petition" means a petition to begin a project and may consist of one or more separate​ petitions.​ Subd. 20. Political subdivision. "Political subdivision" means a county, town, school district, or a​ political division or subdivision of the state. Political subdivision does not mean a watershed district unless​ the context clearly indicates watershed districts are to be included.​ Subd. 21. Project. "Project" means planning and development, construction, maintenance, repair, or​ improvement of a watershed district for a purpose for which the watershed district is established.​ Subd. 22. Publication. "Publication" means publication once a week for two successive weeks as​ provided in section 645.11.​ Subd. 23. Public health. "Public health" means an act or thing that tends to improve the general sanitary​ conditions of the watershed district.​ Subd. 24. Public welfare, general welfare, public benefit. "Public welfare," "general welfare," and​ "public benefit" mean an act or thing that tends to improve, benefit, or contribute to the safety or well-being​ of the general public, or benefit the inhabitants of the watershed district.​ Subd. 25. Resident owner. "Resident owner" means a resident of the state who is the owner of property​ or the purchaser of property under a contract for deed.​ History: 1990 c 391 art 4 s 2​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.101​MINNESOTA STATUTES 2018​3​ (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​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 4​MINNESOTA STATUTES 2018​103D.101​ 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​ ESTABLISHING DISTRICTS​ 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;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.201​MINNESOTA STATUTES 2018​5​ (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​ 103D.205 ESTABLISHMENT PETITION.​ Subdivision 1. Filing. To establish a watershed district, an establishment petition must be filed with the​ board.​ Subd. 2. Requirements. (a) The establishment petition must state:​ (1) the name of the proposed watershed district;​ (2) in general terms, a description of the property to be included in the watershed district;​ (3) the necessity for the watershed district and the contemplated improvements within the watershed​ district;​ (4) the reasons why the watershed district and the contemplated improvements would be conducive to​ public health and public welfare, or would accomplish any of the purposes in section 103D.201;​ (5) by illustration in a map, the proposed watershed district;​ (6) the number of managers proposed for the watershed district; and​ (7) a list of the nominees for manager positions containing at least twice the proposed number of​ managers.​ (b) The number of managers proposed for a watershed district may not be less than three nor more than​ nine. A manager must not be a public officer of the county, state, or federal government, except that a soil​ and water conservation supervisor may be a manager.​ Subd. 3. Signatures. The establishment petition must be signed by one or more of the following groups:​ (1) one-half or more of the counties within the proposed watershed district;​ (2) counties having 50 percent or more of the area within the proposed watershed district;​ (3) a majority of the cities within the proposed watershed district; or​ (4) 50 or more resident owners residing in the proposed watershed district, excluding resident owners​ within the corporate limits of a city if the city has signed the petition.​ Subd. 4. Filing establishment petitions. The petitioners must file a copy of the establishment petition​ with the auditors of the counties affected by the proposed watershed district, the commissioner, and the​ director. The original establishment petition, with a signed statement of delivery or receipt for each of the​ establishment petitions submitted to the auditors of affected counties, the commissioners, and the directors,​ must be filed with the board.​ Subd. 5. Similar and duplicate establishment petitions. Similar and duplicate establishment petitions​ for the same proposed watershed district may be filed and regarded as one establishment petition. All​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 6​MINNESOTA STATUTES 2018​103D.201​ establishment petitions filed before the establishment hearing must be considered by the board as part of​ the original petition.​ Subd. 6. Defective establishment petition. An establishment petition that has the requisite number of​ petitioner signatures may not be dismissed because of defects in the establishment petition. The board must​ allow petitioners to amend a defective establishment petition at any time before the end of the establishment​ hearing.​ Subd. 7. Withdrawal of petitioners. After an establishment petition has been filed, a petitioner may​ not withdraw from the establishment petition unless the withdrawing petitioner obtains the written consent​ of all other petitioners and files the written consent with the board.​ History: 1990 c 391 art 4 s 7; 1995 c 199 s 2,3​ 103D.211 AUDITOR'S CERTIFICATION OF PETITIONERS.​ An auditor that receives a copy of an establishment petition must determine if the petitioners are resident​ owners from the tax records. The tax records are prima facie evidence of ownership. The auditor must certify​ the number of petitioners that are resident owners and file the certification with the board.​ History: 1990 c 391 art 4 s 8​ 103D.215 DIRECTOR'S REPORT.​ (a) After receiving a copy of the establishment petition, the director must notify the board that an​ establishment petition has been received and prepare a preliminary watershed map of and a preliminary​ report about the watershed district.​ (b) The preliminary watershed map must show the natural watershed boundaries within the proposed​ watershed district.​ (c) The preliminary report must be based on the establishment petition and other available data and must​ recommend whether the watershed district should be established.​ (d) The director must submit the preliminary report and the preliminary watershed map to the board​ within 30 days after the date the establishment petition was received by the director, unless the time is​ extended by the board.​ History: 1990 c 391 art 4 s 9​ 103D.221 ESTABLISHMENT HEARING; NOTICE.​ Subdivision 1. Order for hearing. (a) After receiving an establishment petition, the board must determine​ whether the establishment petition has the requisite number of petitioner signatures.​ (b) If the establishment petition does not have the requisite number of petitioners, the board must dismiss​ the establishment petition and return it to the petitioners with an explanation of why the petition was dismissed.​ (c) If the board determines that an establishment petition has the requisite number of petitioner signatures,​ the board must, by order, set a time and location for a hearing on the establishment petition within 35 days​ after its determination. The hearing must be held within the limits of the proposed watershed district for an​ establishment hearing unless the board determines a suitable place is not located within the proposed​ watershed district and selects a place within the limits of a county affected by the proposed watershed district.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.221​MINNESOTA STATUTES 2018​7​ Subd. 2. Notice. (a) The board must give notice of the establishment hearing by publication in a legal​ newspaper that is published in counties affected by the proposed watershed district. The last publication​ must occur at least ten days before the establishment hearing.​ (b) The board must give notice of the establishment hearing by mail to the auditors of counties and to​ the chief executive officials of municipalities affected by the proposed watershed district.​ (c) The notice must include:​ (1) a statement that an establishment petition has been filed with the board and auditors of counties​ affected by the proposed watershed district;​ (2) a general description of the need for the proposed district, and the purpose of the proposed watershed​ district's contemplated improvements, if any;​ (3) a general description of the property to be included in the proposed watershed district;​ (4) the date, time, and location of hearing; and​ (5) a statement that all persons affected or interested in the establishment of the proposed watershed​ district may attend and give statements at the establishment hearing.​ History: 1990 c 391 art 4 s 10; 1995 c 199 s 4​ 103D.225 HEARING AND ORDER TO ESTABLISH.​ Subdivision 1. Testimony and continuance. (a) The board must allow all persons interested in or​ affected by the proposed watershed district to be given an opportunity to make oral and written statements​ at the establishment hearing.​ (b) The board may continue the establishment hearing.​ Subd. 2. Establishment determination. If the board determines after the establishment hearing that the​ establishment of the proposed watershed district would benefit the public welfare and public interest, and​ would advance the purpose of this chapter, the board must, by order, establish the watershed district.​ Subd. 3. Establishment order requirements. The order of the board establishing a watershed district​ must include:​ (1) the findings of the board supporting its determination to establish the watershed district;​ (2) the official name of the watershed district;​ (3) the location of the principal place of business of the watershed district;​ (4) the boundaries of the watershed district; and​ (5) the names of the managers for the first board of managers selected under subdivision 4.​ Subd. 4. Selecting first board of managers. (a) The board shall select the first board of managers of a​ proposed watershed district from the list of nominees in the establishment petition except as provided in​ paragraph (b). The number of managers may not be less than three nor more than nine, except that a proposed​ watershed district entirely within the metropolitan area may not have fewer than five managers. A manager​ may not be a public officer of the county, state, or federal government, except that a soil and water​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 8​MINNESOTA STATUTES 2018​103D.221​ conservation supervisor may be a manager. The term of the first board of managers is for one year and until​ their successors can be appointed and qualified.​ (b) For a proposed watershed district entirely within the metropolitan area, the board must select managers​ from a list of persons nominated by one or more of the cities and towns affected by the proposed watershed​ district. The list must contain at least three nominees for each manager position. The board must select​ managers to fairly represent the various hydrologic areas within the proposed watershed district according​ to their residence within an area. If the cities or towns fail to nominate managers under this paragraph, the​ board shall select managers under paragraph (a).​ (c) In the order establishing a watershed district, the board must prescribe the terms of office for the​ first board of managers appointed by the county boards as provided in paragraphs (d) to (f).​ (d) If the first board of managers has three members, the term of office for the managers is one for a​ term of one year, one for a term of two years, and one for a term of three years.​ (e) If the first board of managers has five members, the term of office for the managers is one for a term​ of one year, two for a term of two years, and two for a term of three years.​ (f) If the first board of managers does not have three or five members, the managers must be appointed​ so that as nearly as possible one-third serve terms of one year, one-third serve terms of two years, and​ one-third serve terms of three years.​ Subd. 5. Filing establishment order. The board must file a certified copy of the findings and order​ establishing a watershed district with the secretary of state and, at the same time:​ (1) mail a copy of the findings and order to the auditor of each county affected by the watershed district,​ the commissioner, and the director; and​ (2) have each manager personally served with a copy of the order.​ Subd. 6. Effect of establishment. After the establishment order is filed with the secretary of state, the​ watershed district is a political subdivision of the state with the power, authority, and duties prescribed in​ this chapter.​ Subd. 7. Existence of watershed district. A watershed district established under this chapter exists​ from the time the order establishing the watershed district is filed with the secretary of state until the watershed​ district is terminated.​ History: 1990 c 391 art 4 s 11​ 103D.231 DISMISSING ESTABLISHMENT PROCEEDINGS.​ If the board determines that establishment of a proposed watershed district in an establishment petition​ would not benefit the public welfare and public interest, or would not serve the purpose of this chapter, the​ board must, by order, dismiss the establishment proceedings. A copy of the order dismissing the establishment​ proceeding must be mailed immediately to the auditors of counties affected by the proposed watershed​ district, the commissioner, and the director.​ History: 1990 c 391 art 4 s 12​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.231​MINNESOTA STATUTES 2018​9​ CONSOLIDATION AND BOUNDARY CHANGES​ 103D.251 WATERSHED DISTRICT BOUNDARY CHANGES.​ Subdivision 1. Boundary requirement. The boundaries of a watershed district as established or changed​ must define contiguous areas. The boundaries may include all or part of one or more watersheds or counties.​ Subd. 2. Procedure. The boundaries of a watershed district may be changed as provided in this section,​ and for a watershed district entirely within the metropolitan area the boundary may also be changed as​ provided in sections 103B.215 and 103B.225.​ Subd. 3. Initiation. A proceeding to change the boundary of a watershed district must be initiated by a​ petition to the board requesting the boundary change.​ Subd. 4. Petition. A petition for a watershed district boundary change must state:​ (1) the names of watershed districts affected by the proposed boundary changes;​ (2) a description, in general terms, of the property affected by the proposed boundary change;​ (3) reasons why the proposed boundary change would benefit the affected watershed districts;​ (4) by illustration in a map, the proposed boundary change, including watershed districts affected by​ the proposed boundary change; and​ (5) a request for the board to establish the proposed boundary change.​ Subd. 5. Petition signatures. (a) A petition for a watershed boundary change must be signed by:​ (1) at least one-half of the counties within the proposed watershed district if the boundary change were​ adopted;​ (2) counties having at least 50 percent of the area within the proposed watershed district if the boundary​ change were adopted;​ (3) a majority of the cities within the proposed watershed district if the boundary change were adopted;​ (4) at least 50 resident owners in the proposed watershed district if the boundary change were adopted,​ excluding resident owners within the corporate limits of a city, if the city has signed the petition; or​ (5) the managers of a watershed district affected by the proposed boundary change.​ (b) The managers must pass a resolution authorizing the boundary change before the managers sign a​ petition for a boundary change.​ Subd. 6. Hearing. The board must set a time and location for a hearing and give notice of the hearing​ in the same manner as an establishment hearing. If a petition for a boundary change involves a common​ boundary of two or more watershed districts, the board must determine the watershed district where the​ hearing will be held.​ Subd. 7. Establishing boundary change. (a) After the hearing on the petition for a boundary change,​ the board must establish the proposed boundary change, by order, if the board determines that establishment​ of the proposed boundary change would benefit the public welfare and public interest and the proposed​ boundary change would advance the purpose of this chapter.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 10​MINNESOTA STATUTES 2018​103D.251​ (b) In the order establishing the boundary change, the board must include:​ (1) the findings of the board supporting its determination to establish the boundary change; and​ (2) the boundaries of watershed districts affected by the boundary change.​ (c) The board must file a certified copy of the findings and order establishing the boundary change with​ the secretary of state and, at the same time, mail a copy of the order to the auditors of counties affected by​ the change, the commissioner, the director, and the managers of watershed districts affected by the change.​ (d) The boundary change is effective the day the certified order establishing the boundary change is​ filed with the secretary of state.​ Subd. 8. Dismissal of proceedings. If the board determines that a watershed district boundary change​ would not benefit the public welfare and public interest or would not serve the purposes of this chapter, the​ board must, by order, dismiss proceedings to change a watershed district boundary. A copy of the order​ dismissing the boundary change proceedings must be mailed to auditors of counties affected by the proposed​ boundary change, the commissioner, the director, and the boards of managers of watershed districts affected​ by the proposed boundary change.​ History: 1990 c 391 art 4 s 13​ 103D.255 WITHDRAWING TERRITORY.​ Subdivision 1. Petition. (a) Proceedings to withdraw territory from an existing watershed district must​ be initiated by a petition filed with the board.​ (b) The required signatures on a petition for withdrawal are the same as prescribed for an establishment​ petition, but the percentages must be calculated only with reference to the territory that is proposed to be​ withdrawn from the watershed district.​ (c) The petition must state that:​ (1) the territory described has not received or will not receive any benefits from the operation of the​ watershed districts;​ (2) the watershed district can perform the functions for which it was established without the inclusion​ of the territory; and​ (3) the territory is not, in fact, a part of the watershed.​ (d) The petition must request the release of the described territory from the watershed district.​ (e) The petition must be served on the board and any affected watershed district, and the board shall​ proceed as prescribed for an establishment petition. The requirements for notices and public hearings are as​ prescribed for the establishment petition.​ Subd. 2. Board's order of withdrawal. (a) After the hearing the board may issue an order releasing the​ territory, or a part of the territory, as described in the petition, if the board determines that:​ (1) the territory described in the petition has not received and will not receive any benefit from the​ operation of the watershed district;​ (2) the watershed district can perform the functions for which it was established without the inclusion​ of the territory; and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.255​MINNESOTA STATUTES 2018​11​ (3) the territory is not, in fact, a part of the watershed.​ (b) Property may not be released that has been determined subject to benefits or damages for a project​ previously constructed.​ (c) Property released remains liable for the proportionate share of any indebtedness existing at the time​ of the order. Levies on the property released continue in force until fully paid.​ (d) If the board determines that the order prescribing the distribution of managers should be amended​ following the withdrawal of any territory, the board may direct redistribution of managers in the order​ authorizing the withdrawal.​ History: 1990 c 391 art 4 s 14; 1995 c 199 s 5​ 103D.261 PROCEEDINGS TO ENLARGE WATERSHED DISTRICT.​ Subdivision 1. Petition. (a) Proceedings to enlarge an existing watershed district must be initiated by a​ petition filed with the board. The required signatures on a petition to enlarge are the same as for an​ establishment petition, but the percentages must be calculated only with reference to the territory that is​ proposed to be added to the watershed district. The petition must:​ (1) state that the area to be added is contiguous to the existing watershed district;​ (2) state that the area can be feasibly administered by the managers of the existing watershed district;​ (3) state reasons why adding the area to the existing watershed district would be conducive to the public​ health and welfare;​ (4) include a map of the affected area;​ (5) state the name of the proposed enlarged watershed district, if other than that of the existing watershed​ district; and​ (6) state a request for the addition of the proposed territory.​ (b) The petition must be served on the board and affected watershed districts, and the board must proceed​ as prescribed for an establishment petition.​ (c) The requirement of notice and public hearings is as prescribed for the establishment petition.​ Subd. 2. Board order. (a) After the hearing, if the board determines that the enlargement of the watershed​ district as asked for in the petition would be for the public welfare and public interest and the purpose of​ this chapter would be served, the board shall, by making findings and an order, enlarge the watershed district​ and file a certified copy of the findings and order with the secretary of state.​ (b) The name of the watershed district may be changed by order of the board if requested in the petition​ to enlarge the watershed district.​ Subd. 3. Distribution of managers in enlarged watershed district. If the enlarged watershed district​ affects more than one county, the distribution of the managers among the counties affected shall be as​ directed by the board in the order enlarging the watershed district.​ History: 1990 c 391 art 4 s 15; 1995 c 199 s 6​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 12​MINNESOTA STATUTES 2018​103D.255​ 103D.265 CONSOLIDATING DISTRICTS.​ Subdivision 1. Petition. (a) Proceedings for the consolidation of two or more watershed districts must​ be initiated by a petition filed with the board.​ (b) The petition must be signed by each watershed district affected and state:​ (1) the names of the watershed districts to be consolidated;​ (2) that the watershed districts are adjoining;​ (3) that the consolidated watershed districts can be feasibly administered as one watershed district;​ (4) the proposed name of the consolidated watershed district;​ (5) the reasons why it would be conducive to the public health, convenience and welfare to consolidate​ the watershed districts; and​ (6) a request for the consolidation.​ (c) The petition must be served and the board shall proceed as prescribed for an establishment petition.​ The requirement of notice and public hearings are as prescribed for the establishment petition.​ Subd. 2. Board's order and findings. (a) After the hearing, if the board determines that consolidation​ of the watershed districts as asked in the petition would serve the public welfare, public interest, and the​ purpose of this chapter, the board shall, by its findings and order, consolidate the watershed districts.​ (b) The board shall file a certified copy of the findings and order with the secretary of state.​ (c) The name of the watershed district may be changed by order of the board.​ Subd. 3. New managers. (a) The term of office of the managers of the consolidated watershed districts​ ends on the date of the order of consolidation. Distribution of the managers of the consolidated watershed​ district shall be as directed by the board in the order of consolidation.​ (b) Five managers of the consolidated watershed district must be appointed from the managers of the​ consolidated watershed districts. Their first term shall be for one year. After the first year, the managers​ must be appointed as provided in this chapter.​ Subd. 4. Watershed district assets and liabilities. (a) The real and personal property assets of the​ watershed districts involved and all legally valid and enforceable claims and contract obligations of the​ watershed districts pass to the new watershed district.​ (b) Levies on the property of the watershed districts consolidated continue in force until fully paid.​ (c) Property in the watershed districts remains liable for its proportionate share of indebtedness existing​ at the time of the order.​ Subd. 5. New plan. The watershed management plans of the watershed districts that were consolidated​ become the watershed management plan of the consolidated watershed district.​ History: 1990 c 391 art 4 s 16​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.265​MINNESOTA STATUTES 2018​13​ TERMINATION​ 103D.271 PROCEDURE FOR TERMINATING WATERSHED DISTRICT.​ Subdivision 1. Procedure. A watershed district may be terminated under this section and a watershed​ district entirely within the metropolitan area may also be terminated under sections 103B.221 and 103B.225.​ Subd. 2. Initiation. Proceedings for the termination of a watershed district may only be initiated by​ filing a termination petition with the board.​ Subd. 3. Frequency of termination petition. The board may not accept a termination petition within​ five years from the date of a watershed district's establishment. The board may not make determinations or​ accept termination petitions for watershed districts more than once in five years.​ Subd. 4. Termination petition. (a) The termination petition must be signed by at least 25 percent of​ the resident owners residing in the watershed district. The termination petition must state that the existence​ of the watershed district does not benefit the public welfare and public interest and the watershed district is​ not needed to accomplish the purposes of this chapter.​ (b) The petitioners must file a copy of the termination petition with the auditors of the counties affected​ by the watershed district. The original termination petition with a statement signed for delivery or receipt​ of each of the termination petitions submitted to the auditors of counties affected by the watershed district​ must be filed with the board.​ Subd. 5. Auditor's determination of resident owners. An auditor who receives a termination petition​ must determine from the tax records whether the petitioners are resident owners within the watershed district.​ The auditor must certify the number of petitioners that are resident owners and file the certification with the​ board.​ Subd. 6. [Repealed, 2006 c 281 art 3 s 20]​ Subd. 7. Termination hearing order. When the board determines a termination petition has been filed​ that meets the requirements of subdivisions 4 and 5, the board must, by order, set a time by 35 days after its​ determination and a location within the watershed district for a termination hearing.​ Subd. 8. Hearing notice. (a) The board must give notice of the termination hearing by publication in a​ legal newspaper that is published in counties affected by the watershed district. The last publication must​ occur at least ten days before the termination hearing.​ (b) The board must give notice of the termination hearing by mail to the auditors of counties and to the​ chief executive officials of municipalities affected by the watershed district.​ (c) The notice must include:​ (1) a statement that a termination petition has been filed with the board and auditors of the counties​ affected by the watershed district;​ (2) a general description of why the watershed district is to be terminated;​ (3) a general description of the property within the watershed district;​ (4) the date, time, and location of the hearing; and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 14​MINNESOTA STATUTES 2018​103D.271​ (5) a statement that all persons affected by or interested in the watershed district may attend and give​ statements at the termination hearing.​ Subd. 9. Termination hearing. The board must allow all persons affected by or interested in the​ watershed district to make oral and written statements at the termination hearing. The board may continue​ the termination hearing.​ Subd. 10. Termination order. (a) If, after the termination hearing, the board determines that the existence​ of the watershed district does not benefit the public welfare and public interest and the watershed district is​ not needed to accomplish the purpose of this chapter, the board must issue a termination order.​ (b) The termination order must include findings that support termination of the watershed district and​ a statement that the watershed district is terminated.​ (c) The board must file a certified copy of the termination order with the secretary of state.​ (d) A watershed district ceases to be a political subdivision and ceases to exist when a termination order​ for the watershed district is filed with the secretary of state.​ History: 1990 c 391 art 4 s 17; 1995 c 199 s 7,8; 2006 c 281 art 3 s 15​ MANAGERS​ 103D.301 DISTRIBUTION OF MANAGER POSITIONS.​ Subdivision 1. More than one affected county. If more than one county is affected by a watershed​ district, the board must provide that managers are distributed by residence among the counties affected by​ the watershed district.​ Subd. 2. More than five affected counties. If more than five counties are affected by a watershed​ district, the board may provide for the orderly distribution of the managers by identifying the manager areas​ within the watershed district and selecting the county board of commissioners for each manager's area to​ appoint a manager.​ Subd. 3. Redistribution. (a) After ten years from the establishment of the watershed district, the county​ board of commissioners of a county affected by the watershed district may petition the board to redistribute​ the managers. After holding a public hearing on redistributing the managers, the board may redistribute the​ managers among the counties affected by the watershed district if the redistribution is in accordance with​ the policy and purposes of this chapter.​ (b) A petition for the redistribution of managers may not be filed with the board more often than once​ in ten years.​ (c) If more than one county is affected by a watershed district, the board must distribute the one-, two-,​ and three-year terms among counties affected by the watershed district.​ History: 1990 c 391 art 4 s 18​ 103D.305 INCREASING NUMBER OF MANAGERS.​ Subdivision 1. Initiation. A proceeding to increase the number of managers of a watershed district must​ be initiated by filing a petition with the board.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.305​MINNESOTA STATUTES 2018​15​ Subd. 2. Petition signatures. The petition to increase the number of managers must request the increase​ and be signed by one or more of the following groups:​ (1) one-half or more of the counties within the watershed district;​ (2) counties with 50 percent or more of the area within the watershed district;​ (3) a majority or greater number of the cities within the watershed district;​ (4) 50 or more resident owners residing in the watershed district, excluding resident owners within the​ corporate limits of a city if the city has signed the petition; or​ (5) the managers of the watershed district.​ Subd. 3. Hearing order. When the board receives a petition to increase the number of managers of a​ watershed district, the board must order a hearing on the petition.​ Subd. 4. Hearing notice. (a) The board must give notice of the hearing to increase the number of​ managers by publication in a legal newspaper published in counties affected by the watershed district. The​ last publication must occur at least ten days before the hearing.​ (b) The board must give notice of the hearing by mail to the auditors of counties and to the chief executive​ officials of municipalities affected by the watershed district.​ (c) The notice must include:​ (1) a statement that a petition to increase the number of managers of the watershed district has been​ filed with the board;​ (2) a general description of the purpose of the watershed district;​ (3) a general description of the property in the watershed district;​ (4) the date, time, and location of the hearing; and​ (5) a statement that all persons affected or interested in the watershed district may attend and give​ statements at the hearing.​ Subd. 5. Hearing. (a) If the board determines at the hearing that an increase in the number of managers​ would benefit the public welfare, public interest, and the purpose of this chapter, the board must increase​ the number of managers.​ (b) If the watershed district affects more than one county, the board, by order, must direct the distribution​ of the managers among the affected counties.​ History: 1990 c 391 art 4 s 19; 1995 c 199 s 9​ 103D.311 APPOINTING MANAGERS.​ Subdivision 1. Manager qualifications. A person may not be appointed as a manager who:​ (1) is not a voting resident of the watershed district; and​ (2) is a public officer of the county, state, or federal government, except that a soil and water conservation​ supervisor may be a manager.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 16​MINNESOTA STATUTES 2018​103D.305​ Subd. 2. Appointment. (a) At least 30 days before the terms of office of the first managers named by​ the board expire, the county commissioners of each county responsible for appointing a manager to the​ watershed district must meet and appoint successors.​ (b) The county commissioners must meet at least 30 days before the term of office of any manager​ expires and appoint a successor.​ (c) A vacancy occurring in an office of a manager must be filled by the appointing county board.​ (d) Appointing county boards shall provide public notice before making appointments. Published notice​ must be given at least once by publication in a newspaper of general circulation in the watershed district at​ least 15 days before an appointment or reappointment is made. The notice must state that persons interested​ in being appointed to serve as a watershed district manager may submit their names to the county board for​ consideration.​ Subd. 3. Nominees for city-initiated and metropolitan watershed districts. (a) If the establishment​ petition that initiated the watershed district originated from a majority of the cities within the watershed​ district, the county commissioners must appoint the managers from a list of persons nominated by one or​ more of the townships and municipalities located within the watershed district. If the district is wholly within​ the metropolitan area, the county commissioners shall appoint the managers from a list of persons nominated​ jointly or severally by the towns and municipalities within the district. The list must contain at least three​ nominees for each manager's position to be filled. The list must be submitted to the county boards affected​ by the watershed district at least 60 days before the manager's term of office expires. The county​ commissioners may appoint any managers from towns and municipalities that fail to submit a list of nominees.​ (b) If the list is not submitted 60 days before the managers' terms of office expire, the county​ commissioners must appoint the managers from eligible persons residing in the watershed district.​ (c) Managers of a watershed district entirely within the metropolitan area must be appointed to fairly​ represent the various hydrologic areas within the watershed district by residence of the manager appointed.​ Subd. 4. Record of appointed managers. A record of all appointments made under this section must​ be filed with the county auditor of each county affected by the watershed district, the secretary of the board​ of managers, and the board of water and soil resources.​ History: 1990 c 391 art 4 s 20; 1990 c 601 s 3; 1992 c 466 s 1,2; 1995 c 199 s 10​ 103D.315 MANAGERS.​ Subdivision 1. Oath. Each manager must take and sign the oath defined in the Minnesota Constitution,​ article V, section 6. The signed oath must be filed with the board.​ Subd. 2. Bond. (a) Each manager must file a bond with the board before assuming the manager's duties.​ The bond may be:​ (1) a personal bond for each manager;​ (2) a schedule or position bond or undertaking by the managers of the watershed district; or​ (3) a single corporate surety fidelity, schedule or position bond or undertaking covering all managers​ and employees of the watershed district, including officers and employees required by law to furnish an​ individual bond or undertaking.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.315​MINNESOTA STATUTES 2018​17​ (b) The amount of the bond for managers is $1,000, unless increased by the board. The amount of the​ bond for officers and employees of the watershed district is the amount set by law or by the person or board​ authorized to set the amounts.​ (c) The bond must be conditioned substantially as provided in section 574.13.​ (d) The premium for the bond must be paid by the watershed district.​ Subd. 3. Officers. After filing the bond, the managers must elect different managers as president,​ secretary, and treasurer. The managers must fill vacancies occurring in the officers' positions. The managers​ must provide the necessary books, records, furniture, and equipment for the officers to perform their official​ duties.​ Subd. 4. Seal. The managers must adopt a seal for the watershed district.​ Subd. 5. Records. The managers must keep efficient records of all proceedings, minutes, certificates,​ contracts, bonds of the board's employees, and all other business transacted or action taken by the managers.​ The records must be open to inspection by the property owners within the watershed district and all other​ interested parties at all reasonable times.​ Subd. 6. Terms of office. The term of office for a manager is three years except for the first board of​ managers appointed by the state board and the first board appointed by the county board. A manager's term​ continues until a successor is appointed and qualified.​ Subd. 7. Vacancies. The provisions of section 351.02 regarding vacancies apply to members of the​ board of managers.​ Subd. 8. Compensation. The compensation of managers for meetings and for performance of other​ necessary duties may not exceed $75 a day. Managers are entitled to reimbursement for traveling and other​ necessary expenses incurred in the performance of official duties.​ Subd. 9. First meeting of managers. (a) Within ten days after the first board of managers has received​ notice by personal service of their selection, the managers must meet at the watershed district's principal​ place of business.​ (b) At the first meeting, the managers must take the oath under subdivision 1, provide a bond under​ subdivision 2, elect officers under subdivision 3, and appoint an advisory committee under section 103D.331.​ Subd. 10. Meetings. The managers shall meet annually and at other necessary times to transact the​ business of the watershed district. A meeting may be called at any time at the request of any manager. When​ a manager requests a meeting, the secretary of the watershed district must mail a notice of the meeting to​ each member at least eight days before the meeting.​ Subd. 11. Administration bylaws. The managers shall adopt bylaws for the administration of the​ business and affairs of the watershed district. Bylaws adopted under this subdivision are not subject to section​ 103D.341.​ History: 1990 c 391 art 4 s 21; 1995 c 199 s 11-13; 2005 c 103 s 1​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 18​MINNESOTA STATUTES 2018​103D.315​ 103D.321 PRINCIPAL PLACE OF BUSINESS​ Subdivision 1. Unavailable public facilities. If public facilities are not available for a watershed district's​ principal place of business within the watershed district, the board shall determine and designate the nearest​ suitable public facility as the watershed district's principal place of business.​ Subd. 2. Change of principal place of business. (a) The managers may initiate a change of the principal​ place of business to a different location within the watershed district by passing a resolution stating the​ proposed change of location. After passing the resolution, the managers must set a time and location for a​ hearing on the change of the principal place of business.​ (b) The managers must give notice of the hearing by publication in a legal newspaper, published in the​ counties affected by the watershed district, with the last publication occurring at least ten days before the​ hearing. Notice of the hearing must be mailed to the auditors of counties affected by the watershed district​ ten days before the hearing. After the hearing, the managers may, by order, change the place of business.​ (c) The change of the principal place of business of the watershed district is effective when a certified​ copy of the managers' order is filed with the secretary of state and the board.​ History: 1990 c 391 art 4 s 22; 1995 c 199 s 14​ 103D.325 EMPLOYEES.​ Subdivision 1. Employment authority. The managers may employ a chief engineer, professional​ assistants, and other employees, and provide for their qualifications, duties, and compensation.​ Subd. 2. Bond. The managers may require an officer or employee of the watershed district to give a​ bond for the faithful performance of duties in an amount prescribed by the manager. The cost of the bond​ must be paid from the funds of the watershed district.​ Subd. 3. Chief engineer. The chief engineer is superintendent of all the works and improvements​ undertaken by the district. The chief engineer must make a full engineer's report to the managers each year,​ and more often if necessary. A copy of the engineer's report and all recommendations by the chief engineer​ must be transmitted to the managers and the director.​ Subd. 4. Credit card use. The managers may authorize the use of a credit card by any watershed district​ officer or employee otherwise authorized to make a purchase on behalf of the watershed district. If a watershed​ district officer or employee makes a purchase by credit card that is not approved by the managers, the officer​ or employee is personally liable for the amount of the purchase. A purchase by credit card must otherwise​ comply with all statutes, rules, or watershed district policy applicable to watershed district purchases.​ History: 1990 c 391 art 4 s 23; 2007 c 57 art 1 s 106​ 103D.331 ADVISORY COMMITTEE.​ Subdivision 1. Purpose. The managers must annually appoint an advisory committee to advise and​ assist the managers on all matters affecting the interests of the watershed district and make recommendations​ to the managers on all contemplated projects and improvements in the watershed district.​ Subd. 1a. Duties. For purposes of carrying out its duties under this section the advisory committee shall:​ (1) elect a chair from its membership;​ (2) elect a recorder from its membership;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.331​MINNESOTA STATUTES 2018​19​ (3) establish a meeting schedule, which at a minimum meets annually;​ (4) consider issues pertinent to the functions and purposes of the watershed district;​ (5) review and comment on reports, minutes, activities, and proposed projects of the managers; and​ (6) report to the managers the general content of advisory committee meetings and resulting​ recommendations.​ Subd. 2. Members. (a) The advisory committee consists of at least five members. If practicable, the​ advisory committee members selected should include a representative from each soil and water conservation​ district, a representative of each county, a member of a sporting organization, and a member of a farm​ organization. Other advisory committee members may be appointed at the discretion of the managers. The​ members must be residents of the watershed district, except representatives from soil and water conservation​ districts and counties, and serve at the pleasure of the managers.​ (b) In addition, the managers may appoint other interested and technical persons who may or may not​ reside within the watershed district to serve at the pleasure of the managers.​ Subd. 3. Expense reimbursement. The managers may reimburse members of the advisory committee​ for actual traveling and other necessary expenses incurred in the performance of duties in the amount as​ provided for state employees.​ History: 1990 c 391 art 4 s 24; 1995 c 199 s 15​ 103D.335 DISTRICT AND MANAGERS' POWERS.​ Subdivision 1. General powers of watershed district. A watershed district has the power, to the extent​ necessary for lawful conservation purposes:​ (1) to sue and be sued;​ (2) to incur debts, liabilities, and obligations;​ (3) to exercise the power of eminent domain;​ (4) to provide for assessments and to issue certificates, warrants, and bonds; and​ (5) to perform all acts expressly authorized, and all other acts necessary and proper for the watershed​ district to carry out and exercise the powers expressly vested in it.​ Subd. 2. Joint powers. Section 471.59 relating to joint power authority applies to watershed districts​ organized under this chapter.​ Subd. 3. Acquisition and disposition of property from state and federal agencies. Section 471.64​ relating to acquisition and disposition of property from the United States and state agencies applies to​ watershed districts organized under this chapter.​ Subd. 4. General managers' powers. (a) The managers may use the powers in subdivisions 5 to 23 to​ implement this chapter.​ (b) The exercise of the managers' powers is subject to review by the board as provided in this chapter.​ Subd. 5. Data acquisition. The managers may:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 20​MINNESOTA STATUTES 2018​103D.331​ (1) make necessary surveys or use other reliable surveys and data and develop projects and programs​ to acquire data to accomplish the purposes for which the watershed district is organized; and​ (2) establish and maintain devices for acquiring and recording hydrological and water quality data.​ Subd. 6. Projects not requiring a petition. The managers may initiate, undertake, and implement​ projects not required to be instituted by a petition under section 103D.701.​ Subd. 7. Cooperate with other entities. The managers may cooperate or contract with any state or​ subdivision of a state or federal agency, private corporation, political subdivision, or cooperative association.​ Subd. 8. Ditch and watercourse work. The managers may construct, clean, repair, alter, abandon,​ consolidate, reclaim, or change the course or terminus of any public ditch, drain, sewer, river, watercourse,​ natural or artificial, within the watershed district.​ Subd. 9. Water control works. The managers may acquire, operate, construct, and maintain dams,​ dikes, reservoirs, water supply systems, and appurtenant works.​ Subd. 10. Water use and conservation. The managers may regulate, conserve, and control the use of​ water within the watershed district.​ Subd. 11. Acquiring property. The managers may acquire by gift, purchase, taking under the procedures​ of this chapter, or by the power of eminent domain, necessary real and personal property. The watershed​ district may acquire property outside the watershed district where necessary for a water supply system.​ Subd. 12. Acquiring insurance. The managers may contract for or purchase insurance the managers​ find necessary for the protection of the watershed district.​ Subd. 13. Construction or implementation contracts. The managers may enter into contracts of​ construction or implementation authorized by this chapter.​ Subd. 14. Entry on lands. The managers may enter lands inside or outside the watershed district to​ make surveys and investigations to accomplish the purposes of the watershed district. The watershed district​ is liable for actual damages resulting from entry.​ Subd. 15. Take over drainage system. The managers may take over when directed by a drainage​ authority all joint county or county drainage systems within the watershed district, together with the right​ to repair, maintain, and improve them.​ Subd. 16. Sanitation and pollution prevention. The managers may provide for sanitation and public​ health and regulate the use of streams, ditches, or watercourses to dispose of waste and prevent pollution.​ Subd. 17. Borrowing funds. The managers may borrow funds from an agency of the federal government,​ a state agency, a county where the watershed district is located in whole or in part, or a financial institution​ authorized under chapter 47 to do business in this state. A county board may lend the amount requested by​ a watershed district. A watershed district may not have more than a total of $2,000,000 in loans from counties​ and financial institutions under this subdivision outstanding at any time.​ Subd. 18. Floodplain maps. The managers may prepare a floodplain map of the lands of the watershed​ district that are in the floodplain of lakes and watercourses. The map must be made available to the counties​ and local municipalities for inclusion in floodplain ordinances. It must conform to rules of the commissioner​ setting standards for designation of floodplain areas.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.335​MINNESOTA STATUTES 2018​21​ Subd. 19. Open space and greenbelts. The managers may prepare an open space and greenbelt map​ of the lands of the watershed district that should be preserved and included in the open space and greenbelt​ land areas of the watershed district. The map must be made available to the counties and local municipalities​ for inclusion in floodplain and shoreland ordinances. The managers may control the use and development​ of land in the floodplain and the greenbelt and open space areas of the watershed district. The managers​ may adopt, amend, or repeal rules to control encroachments, the changing of land contours, the placement​ of fill and structures, and the placement of encumbrances or obstructions, and may require a landowner to​ remove fill, structures, encumbrances, or other obstructions and restore the previously existing land contours​ and vegetation. The managers may by rule provide a procedure for the watershed district to do the work​ required and assess its cost against the affected property as a special assessment. The rules apply only in the​ absence of county or municipal ordinances regulating the items set forth in this subdivision. The rules must​ be adopted in accordance with section 103D.341. Except as provided in section 103D.345, subdivision 3,​ rules adopted under this subdivision apply to the state.​ Subd. 20. State association membership. The managers may appropriate necessary funds to provide​ for membership in a state association of watershed districts whose purpose is to improve watershed​ governmental operations.​ Subd. 21. Contracts. The managers may make contracts or other arrangements with the federal​ government, persons, railroads or other corporations, political subdivisions, and the state or other states,​ with drainage authorities, flood control, soil conservation, or other improvement districts in this state or​ other states, for cooperation or assistance in constructing, maintaining, and operating the projects of the​ watershed district, or for the control of its waters, or for making surveys and investigations or reports on​ them. Property acquired for flood damage reduction purposes by the watershed district may be operated or​ leased by the district for agricultural purposes during periods the property is not needed for flood control,​ provided it remains subject to use by the watershed district as necessary for flood control purposes.​ Notwithstanding section 16A.695, revenue received by the watershed district from the operation or lease of​ state-bond-financed property acquired for flood control purposes shall be retained by the district in a separate​ project-specific account and used solely for flood control operation, maintenance, and replacement purposes​ within the related project area and, if the district determines that the account contains adequate reserves for​ future operation, maintenance, and replacement, any excess may be used for the construction, operation,​ maintenance, or replacement of other flood control projects as approved by the commissioner.​ Subd. 22. Projects in other states. The managers may purchase, lease, or acquire land or other property​ in adjoining states to secure outlets, to construct and maintain dikes or dams or other structures for the​ purposes of this chapter.​ Subd. 23. Metropolitan watershed districts. (a) A watershed district located wholly within the​ metropolitan area has the duties and powers in section 103B.211.​ (b) Notwithstanding any contrary provision of this section, a watershed district located entirely within​ the metropolitan area may regulate the use and development of land only under the conditions specified in​ section 103B.211, subdivision 1.​ Subd. 24. Exemption from political subdivision permit fees. A watershed district is exempt from fees​ charged by political subdivisions for permits required for activities conducted under subdivisions 8 to 10.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 22​MINNESOTA STATUTES 2018​103D.335​ Subd. 25. Water resource management activities. The managers may conduct studies and monitoring​ of water resources within the watershed district and implement water resource management programs.​ History: 1990 c 391 art 4 s 25; 1992 c 466 s 3; 1995 c 199 s 16-20; 1995 c 220 s 92; 2006 c 214 s 20;​ 2008 c 179 s 32; 2010 c 389 art 7 s 1; 1Sp2015 c 4 art 4 s 76​ 103D.337 TECHNICAL ADVISORY COMMITTEES.​ For a district wholly within the metropolitan area, the board of managers shall establish a technical​ advisory committee consisting of representatives of affected statutory and home rule charter cities, counties,​ and soil and water conservation districts.​ History: 1990 c 601 s 4​ 103D.341 RULES.​ Subdivision 1. Requirement. The managers must adopt rules to accomplish the purposes of this chapter​ and to implement the powers of the managers.​ Subd. 2. Procedure. (a) Rules of the watershed district must be adopted or amended by a majority vote​ of the managers, after public notice and hearing. Rules must be signed by the secretary of the board of​ managers and recorded in the board of managers' official minute book.​ (b) Prior to adoption, the proposed rule or amendment to the rule must be submitted to the board for​ review and comment. The board's review shall be considered advisory. The board shall have 45 days from​ receipt of the proposed rule or amendment to the rule to provide its comments in writing to the watershed​ district. Proposed rules or amendments to the rule shall also be noticed for review and comment to all public​ transportation authorities that have jurisdiction within the watershed district at least 45 days prior to adoption.​ The public transportation authorities have 45 days from receipt of the proposed rule or amendment to the​ rule to provide comments in writing to the watershed district.​ (c) For each county affected by the watershed district, the managers must publish a notice of hearings​ and adopted rules in one or more legal newspapers published in the county and generally circulated in the​ watershed district. The managers must also provide written notice of adopted or amended rules to public​ transportation authorities that have jurisdiction within the watershed district. The managers must file adopted​ rules with the county recorder of each county affected by the watershed district and the board.​ (d) The managers must mail a copy of the rules to the governing body of each municipality affected by​ the watershed district.​ Subd. 3. Rule affecting city; notice. A rule or resolution that affects land or water within the boundaries​ of a city is not effective within the city's boundaries until the governing body of the city is notified.​ History: 1990 c 391 art 4 s 26; 1995 c 199 s 21; 2003 c 128 art 1 s 107​ 103D.345 PERMITS.​ Subdivision 1. Application fee. A person applying for a permit required by the managers under a rule​ controlling the use and development of land in the floodplain, greenbelt, and open space areas of the watershed​ district must accompany the application with a permit application fee to defray the cost of recording and​ processing the application. The managers may set the fee not to exceed $10.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.345​MINNESOTA STATUTES 2018​23​ Subd. 2. Field inspection fee. The managers may charge, in addition, a field inspection fee of at least​ $35. The inspection fee must be used to cover actual costs related to a field inspection. Inspection costs​ include investigation of the area affected by the proposed activity, analysis of the proposed activity, services​ of a consultant, and any required subsequent monitoring of the proposed activity. Costs of monitoring an​ activity authorized by permit may be charged and collected as necessary after issuance of the permit.​ Subd. 3. Government agencies exempt. The fees in subdivisions 1 and 2 may not be charged to the​ federal government, the state, or a political subdivision.​ Subd. 4. Bond. The managers may require an applicant for a permit to file a bond with the managers in​ an amount set by the managers and conditioned on performance by the applicant of authorized activities in​ conformance with the terms of the permit.​ Subd. 5. Applicability of permit requirements to state. A rule adopted by the managers that requires​ a permit for an activity applies to the Department of Transportation.​ Subd. 6. General permits. A watershed district may issue general permits for public transportation​ projects for work on existing roads.​ History: 1990 c 391 art 4 s 27; 1996 c 407 s 42; 2003 c 128 art 1 s 108​ 103D.351 ANNUAL REPORT.​ (a) The managers must prepare a yearly report of the financial conditions of the watershed district, the​ status of all projects, the business transacted by the watershed district, other matters affecting the interests​ of the watershed district, and a discussion of the managers' plans for the succeeding year.​ (b) Copies of the report must be transmitted to the Board of Water and Soil Resources, the commissioner,​ and the director within a reasonable time.​ History: 1990 c 391 art 4 s 28; 1995 c 199 s 22​ 103D.355 ANNUAL AUDIT.​ Subdivision 1. Requirement. The managers must have an annual audit completed of the books and​ accounts of the watershed district. The annual audit may be made by a private certified public accountant​ or by the state auditor.​ Subd. 2. Audit by state auditor. (a) An audit by the state auditor may be initiated by a petition of the​ resident owners of the watershed district or resolution of the managers of the watershed district. The petition​ must request an annual audit pursuant to the authority granted municipalities under sections 6.54 and 6.55.​ The state auditor may conduct such examinations of accounts and records as the state auditor may deem the​ public interest to demand.​ (b) If the audit or examination is made by the state auditor, the watershed district receiving the examination​ must pay the state the total cost and expenses of the examination, including the salaries paid to the examiners​ while actually engaged in making the examination. The general fund must be credited with all collections​ made for examinations under this subdivision.​ Subd. 3. Reports for state auditor. The managers must make and submit reports demanded by the state​ auditor.​ History: 1990 c 391 art 4 s 29; 1992 c 466 s 4; 2008 c 200 s 21​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 24​MINNESOTA STATUTES 2018​103D.345​ WATERSHED MANAGEMENT PLAN​ 103D.401 WATERSHED MANAGEMENT PLAN.​ Subdivision 1. Contents. (a) The managers must adopt a watershed management plan for any or all of​ the purposes for which a watershed district may be established. The watershed management plan must give​ a narrative description of existing water and water-related problems within the watershed district, possible​ solutions to the problems, and the general objectives of the watershed district. The watershed management​ plan must also conform closely with watershed management plan guidelines as adopted and amended from​ time to time by the Board of Water and Soil Resources.​ (b) The watershed management plan may include a separate section on proposed projects. If the watershed​ district is within the metropolitan area, the separate section of proposed projects or petitions for projects to​ be undertaken according to the watershed management plan is a comprehensive plan of the watershed district​ for purposes of review by the Metropolitan Council under section 473.165.​ Subd. 2. Review. The managers must send a copy of the proposed watershed management plan to the​ county auditor of each county affected by the watershed district, the board, the commissioner, the director,​ the governing body of each municipality affected by the watershed district, and soil and water conservation​ districts affected by the watershed district. For a watershed district within the metropolitan area, a copy of​ the proposed watershed management plan must also be submitted to the Metropolitan Council.​ Subd. 3. Director's and Metropolitan Council's recommendations. After receiving the watershed​ management plan, the director and the Metropolitan Council must review and make recommendations on​ the watershed management plan. By 60 days after receiving the plan, the director and the Metropolitan​ Council must send their recommendations on the watershed management plan to the board and a copy to​ the managers of the watershed district, the county auditor of each county affected by the watershed district,​ the governing bodies of all municipalities affected by the watershed district, and soil and water conservation​ districts affected by the watershed district. The board may extend the period for review and transmittal of​ the recommendations.​ Subd. 4. Hearing notice. (a) The board must give notice and hold a watershed management plan hearing​ on the proposed watershed management plan by 45 days after receiving the director's and Metropolitan​ Council's recommendations.​ (b) The board must give notice of the watershed management plan hearing by publication in a legal​ newspaper that is published in counties affected by the watershed district. The last publication must occur​ at least ten days before the watershed management plan hearing.​ (c) The board must give notice of the watershed management plan hearing by mail to the auditors of​ counties and to the chief executive officials of municipalities affected by the watershed district.​ (d) The notice must include:​ (1) a statement that a copy of the proposed watershed management plan has been filed with the board,​ the Metropolitan Council, where applicable, the auditors of counties affected by the proposed watershed​ district, the commissioner, the director, the governing body of each municipality affected by the watershed​ district, and the soil and water conservation districts affected by the watershed district;​ (2) a general description of the purpose of the watershed district;​ (3) a general description of the property included in the watershed district;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.401​MINNESOTA STATUTES 2018​25​ (4) a general description of the proposed watershed management plan;​ (5) the date, time, and location of the hearing; and​ (6) a statement that all persons affected or interested in the watershed district may attend and give​ statements at the watershed management plan hearing.​ Subd. 5. Board approval. After the watershed management plan hearing, the board must, by order,​ prescribe and approve a watershed management plan for the watershed district. The board must send a copy​ of the order and approved watershed management plan to the managers, the county board of each county​ affected by the watershed district, the commissioner, the director, the Metropolitan Council, where applicable,​ the governing body of each municipality affected by the watershed district, and soil and water conservation​ districts affected by the watershed district. The watershed management plan approved by the board is the​ watershed management plan for the watershed district.​ History: 1990 c 391 art 4 s 30; 1995 c 199 s 23,24​ 103D.405 REVISED WATERSHED MANAGEMENT PLAN.​ Subdivision 1. Requirements. (a) The managers and the board must revise the watershed management​ plan for the watershed district at least once every ten years after the original watershed management plan is​ approved. The revised watershed management plan of the district must conform closely with adopted​ watershed management plan guidelines of the Board of Water and Soil Resources.​ (b) The managers must include the following items in the revised watershed management plan:​ (1) updates and supplements of the existing hydrological and other statistical data of the watershed​ district;​ (2) specific projects and programs to be considered for implementation;​ (3) a statement of the extent that the purposes for which the watershed district had been established have​ been accomplished;​ (4) a description of problems requiring future action by the watershed district;​ (5) a summary of completed studies on active or planned projects, including financial data; and​ (6) an analysis of the effectiveness of the watershed district's rules and permits in achieving its water​ management objectives in the watershed district.​ (c) A revised watershed management plan must be transmitted, reviewed, recommended, and approved​ as provided in subdivisions 2 to 4 and 6.​ Subd. 2. Required ten-year revision. (a) After ten years and six months from the date that the board​ approved a watershed management plan or the last revised watershed management plan, the managers must​ consider the requirements under subdivision 1 and adopt a revised watershed management plan outline and​ send a copy of the outline to the board.​ (b) By 60 days after receiving a revised watershed management plan outline, the board must review it,​ adopt recommendations regarding the revised watershed management plan outline, and send the​ recommendations to the managers.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 26​MINNESOTA STATUTES 2018​103D.401​ (c) After receiving the board's recommendations regarding the revised watershed management plan​ outline, the managers must complete the revised watershed management plan.​ Subd. 3. Review. The managers must send a copy of the revised watershed management plan to the​ board, the county board and county auditor of each county affected by the watershed district, the director,​ the governing body of each municipality affected by the watershed district, soil and water conservation​ districts affected by the watershed district, and the Metropolitan Council, if the watershed district is within​ the metropolitan area.​ Subd. 4. Director's and Metropolitan Council's recommendations. The director and the Metropolitan​ Council, if applicable, must review and make recommendations on the revised watershed management plan.​ By 60 days after receiving the revised watershed management plan unless the time is extended by the board,​ the director and the council must send the recommendations on the revised watershed management plan to​ the board, and a copy of the recommendations to the managers, the county auditor of each county affected​ by the watershed district, the governing body of each municipality affected by the watershed district, and​ soil and water conservation districts affected by the watershed district.​ Subd. 5. Notice. (a) The board must give notice and hold a revised watershed management plan hearing​ on the proposed revised watershed management plan by 45 days after receiving the director's and Metropolitan​ Council's recommendation.​ (b) The board must give notice of the revised watershed management plan hearing by publication in a​ legal newspaper published in counties affected by the watershed district. The last publication must occur at​ least ten days before the revised watershed management plan hearing.​ (c) The board must give notice of the revised watershed management plan hearing by mail to the auditors​ of counties and to the chief executive officials of municipalities affected by the watershed district.​ (d) The notice must include:​ (1) a statement that a copy of the proposed revised watershed management plan has been filed with the​ board, the Metropolitan Council, where applicable, the auditors of counties affected by the proposed watershed​ district, the commissioner, the director, the governing body of each municipality affected by the watershed​ district, and the soil and water conservation districts affected by the watershed district;​ (2) a general description of the purpose of the watershed district;​ (3) a general description of the property included in the watershed district;​ (4) a general description of the proposed revised watershed management plan;​ (5) the date, time, and location of the hearing; and​ (6) a statement that all persons affected or interested in the watershed district may attend and give​ statements at the revised watershed management plan hearing.​ Subd. 6. Board order. After the revised watershed management plan hearing, the board must prescribe​ a revised watershed management plan for the watershed district. The board must send a copy of the order​ and approved revised watershed management plan to the managers, the county board of each county affected​ by the watershed district, the commissioner, the director, the Metropolitan Council, where applicable, and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.405​MINNESOTA STATUTES 2018​27​ soil and water conservation districts affected by the watershed district. The revised watershed management​ plan approved by the board is the revised watershed management plan for the watershed district.​ History: 1990 c 391 art 4 s 31; 1995 c 199 s 25; 2003 c 128 art 1 s 109​ 103D.411 AMENDMENT OF WATERSHED MANAGEMENT PLAN AND REVISED WATERSHED​ MANAGEMENT PLAN.​ The managers may initiate an amendment of a watershed management plan or revised watershed​ management plan by submitting a petition with the proposed amendment to the board. The board must give​ notice and hold a hearing on the amendment in the same manner as for the watershed management plan.​ After the hearing, the board may, by order, approve or prescribe changes in the amendment. The amendment​ becomes part of the watershed management plan after approval by the board. The board must send the order​ and approved amendment to the entities that receive an approved watershed management plan under section​ 103D.401, subdivision 5.​ History: 1990 c 391 art 4 s 32​ GENERAL PROVISIONS​ 103D.501 CONSTRUCTION AND ADMINISTRATION.​ This chapter shall be construed and administered so as to make effective the purposes of section 103D.201,​ subdivision 1.​ History: 1990 c 391 art 4 s 33​ 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​ 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​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 28​MINNESOTA STATUTES 2018​103D.405​ 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. Approval of rights transfer. 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​ 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​ 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​ 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​ 103D.535 APPELLATE PROCEDURES AND REVIEW.​ Subdivision 1. What can be appealed. (a) Any party alone or jointly may appeal to the district court​ or to the board an order of the managers made in a proceeding relating to a project and entered in the​ watershed district's record that determines:​ (1) the amount of benefits determined;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.535​MINNESOTA STATUTES 2018​29​ (2) the amount of damages allowed;​ (3) the allowance of fees or expenses in any proceedings;​ (4) a matter in the proceeding that affects a substantial right; or​ (5) an order of the managers authorizing or refusing to establish a project in whole or in part.​ (b) Actions of the managers that do not relate to projects, including actions related to permits and actions​ to enforce watershed district rules, are not reviewable under this section.​ (c) Projects initiated and financed by watershed districts, wholly within the metropolitan area, under a​ state-approved and locally adopted surface water management plan under section 103B.201 are not reviewable​ under this section.​ Subd. 2. Amounts awarded on appeal. On appeal, the amount awarded by the jury or the board as​ finally determined shall stand for and in the place of the amount from which the appeal was taken.​ Subd. 3. Appeals from managers' orders. (a) If an appeal is taken from an order authorizing a project,​ a trial of an appeal of benefits or damages from the proceedings must be stayed until the appeal is decided.​ If the order authorizing the project is affirmed, a trial of an appeal of benefits or damages may commence.​ (b) If the appeal is from an order refusing to authorize a project and the court or the board later orders​ the project, the secretary of the watershed district shall give notice by publication of the filing of the order.​ The notice is sufficient if it refers to the proposed project by general description and recites the substance​ of the order and the date of filing in the court.​ Subd. 4. Property other than appellant's own. (a) A person or political subdivision appealing the​ amount of benefits or damages may include and have considered and determined benefits or damages​ affecting property other than that person's or political subdivision's own property.​ (b) Notice of the appeal must be served on:​ (1) the owner or occupant of the property not owned by the appellant or on the attorney who represented​ the other owner in the proceedings;​ (2) the auditor of the county where the property is located; and​ (3) on the court administrator of the district court of the county where the principal place of business of​ the watershed district is located, or on the board.​ Subd. 5. Notice of appeal. (a) Before the appeal is heard by the court or board, the appellant must file​ a notice of appeal with the court administrator of the district court or the secretary of the board. The appeal​ must:​ (1) be filed within 30 days of the date of the final order;​ (2) state the grounds upon which the appeal is taken; and​ (3) be accompanied by an appeal bond of at least $250 to the watershed district where the property is​ located.​ (b) The bond must be approved by the court administrator of the district court or the board where the​ appeal is filed. The bond must be conditioned that the appellant will:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 30​MINNESOTA STATUTES 2018​103D.535​ (1) make the appeal;​ (2) pay all costs and disbursements that may be adjudged against the appellant; and​ (3) comply with the order of the court or of the board where the appeal is filed.​ Subd. 6. Time and place of trial. (a) The appeal must be tried by a jury, or by the board at a time and​ place set by the court or board. If the appeal is tried by a jury, the appeal must be tried and determined at​ the next term of the district court held within the county where the notice of appeal was filed, or in other​ counties where the appeal is heard, beginning after the filing of the appeal.​ (b) An appeal takes precedence over all other civil matters.​ (c) If there is more than one appeal to the board involving the same project, or if there is more than one​ appeal triable in one county, the court or the board may consolidate the appeals and try them together, but​ the rights of the appellants must be determined separately. Consolidation of the appeals may be made on​ the court's or board's own motion or on the motion of a party in interest.​ Subd. 7. Benefits outside county of district's office. If there is an appeal relating to damages or benefits​ to property in a county other than the county where the principal place of business of the watershed district​ is located, on request of the appellant, the trial must be held at the next term of the district court of the county​ where the benefited or damaged property is located. The court administrator of the district court where the​ appeal is filed shall make a transcript of the papers and documents on file in the court administrator's office​ in the proceeding as they pertain to the matter for which the appeal is taken. The court administrator shall​ certify the transcript and file it in the office of the court administrator of the district court in the county where​ the appeal will be tried. After the final determination of the appeal, the court administrator of the district​ court where the action is tried shall certify and return the verdict to the district court of the county where​ the proceedings were initiated.​ Subd. 8. Appeal to board. If the appeal is to the board, the board shall file its decision with the board's​ secretary. If the appeal is taken to the board from the order of the managers, the decision of the board may​ be reviewed by certiorari proceedings in the district court of a county where the proposed project lies in​ whole or in part.​ Subd. 9. Court referral of questions to board. If an appeal is from the order of the managers and made​ to the district court, and the court determines that there are involved facts, circumstances, or matters especially​ within the knowledge, functions, or duties of the board, the court may refer to the board as referee questions​ of fact within the scope of the board's knowledge, functions, and duties. The board shall make its findings​ of fact upon the questions and report them back to the court.​ Subd. 10. Trial record. The board shall make a record of all matters tried by the board on appeal or​ referred to it by the district court for findings of fact under this section. The record must meet the requirements​ of a record of the trial of a matter in district court.​ Subd. 11. Board must follow administrative procedure. Proceedings before the board must conform​ to sections 14.57 to 14.62.​ History: 1990 c 391 art 4 s 40; 1992 c 466 s 5; 1995 c 199 s 28-30​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.537​MINNESOTA STATUTES 2018​31​ 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​ 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​ 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​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 32​MINNESOTA STATUTES 2018​103D.537​ 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​ PROJECTS INITIATED BY MANAGERS​ 103D.601 PROJECT INITIATED BY MANAGERS.​ Subdivision 1. Requirements. (a) The managers may initiate a project by resolution of at least a majority​ of the managers if:​ (1) the project is financed by grants totaling at least 50 percent of the estimated project cost; and​ (2) the engineer's estimate of costs to parties affected by the watershed district, including assessments​ against benefited properties but excluding state, federal, or other grants, is not more than $750,000 for the​ project.​ (b) A resolution under this subdivision may not be used to establish a project that has drainage as its​ essential nature and purpose.​ Subd. 2. Preliminary resolution hearing notice. (a) The managers must set the time and location for​ a preliminary resolution hearing on the proposed resolution for the project.​ (b) The managers must give notice of the preliminary resolution hearing by publication in a legal​ newspaper published in the counties affected by the watershed district. The last publication must occur at​ least ten days before the preliminary resolution hearing.​ (c) The preliminary resolution hearing notice must contain:​ (1) the date, time, and place of hearing;​ (2) the substance of the proposed project resolution;​ (3) the means of financing the project; and​ (4) a statement that all persons who might be affected by the proposed project or who may be interested​ in the proposed project may appear and be heard.​ (d) Defects in the notice do not invalidate the proceedings.​ Subd. 3. Preliminary report and information. (a) The managers must have the watershed district​ engineer or another competent person prepare a preliminary report advising the managers whether the​ proposed project is feasible and estimating the cost of the project. An error or omission in the preliminary​ report does not invalidate the proceeding.​ (b) The managers may have other helpful information prepared that will aid in determining the desirability​ and feasibility of the project.​ Subd. 4. Unfavorable preliminary report. If the preliminary report is unfavorable, the managers must​ set a time and location for a hearing in the manner provided for the preliminary resolution. After the hearing,​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.601​MINNESOTA STATUTES 2018​33​ the project may be referred back to the watershed district engineer or another competent person for further​ study and report, or the managers may dismiss the proceeding.​ Subd. 5. Final resolution. If, after the hearing, the managers determine that the proposed project promotes​ the public interest and welfare and is practicable and in conformity with the watershed management plan of​ the watershed district, the managers must adopt a final resolution approving the project and identify the​ proceeding by name and number.​ Subd. 6. Further procedure. (a) When a final resolution is adopted, the proceeding must continue as​ provided for a project initiated by a petition.​ (b) After the managers file a statement listing the property benefited, damaged, or otherwise affected​ by a project with the auditors of counties affected by the project, the proceedings for the project must continue​ under section 103D.901.​ History: 1990 c 391 art 4 s 44​ BASIC WATER MANAGEMENT PROJECTS​ AND GOVERNMENT AID PROJECTS​ 103D.605 PROJECT CONSTRUCTED WITH GOVERNMENT AID OR AS PART OF PLAN.​ Subdivision 1. Procedure requirement. The procedure in this section must be followed if:​ (1) a project is to be constructed within the watershed district under an agreement between the managers​ and the state or federal government and the cost of the project is to be paid for in whole or in part by the​ state or federal government, but the rights-of-way and the cost of the project are assumed by the watershed​ district; or​ (2) the managers are undertaking all or a portion of the basic water management project as identified in​ the watershed management plan.​ Subd. 2. Board's and director's reports. A copy of the project plan must be transmitted to the board​ and the director. The board and the director must review the project plan and prepare reports on the project.​ The reports must be transmitted to the managers.​ Subd. 3. Project hearing notice. (a) After receiving the board's and the director's reports, the managers​ must set a time and location for a hearing on the proposed project.​ (b) The project hearing notice must state:​ (1) the time and location of the project hearing;​ (2) the general nature of the proposed project;​ (3) the estimated cost of the proposed project; and​ (4) the method by which the cost of the proposed project is to be paid, including the cost to be allocated​ to each affected municipality or the state government.​ (c) The managers must give notice by publication before the date of the hearing in a legal newspaper,​ published in the counties where property is to be improved by the proposed project. The last publication​ must occur between 30 days and ten days before the project hearing.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 34​MINNESOTA STATUTES 2018​103D.601​ (d) At least ten days before the project hearing, notice by mail must be given to the director and the​ municipalities entirely or partly within the project area.​ (e) Failure to give mailed notice or defects in the notice do not invalidate the proceedings.​ Subd. 4. Project hearing. At the project hearing, the managers must hear all parties interested in the​ proposed project.​ Subd. 5. Project establishment. After the project hearing, if the managers find that the project will be​ conducive to public health, promote the general welfare, and is in compliance with the watershed management​ plan and the provisions of this chapter, the board must, by order, establish the project. The establishment​ order must include the findings of the managers.​ History: 1990 c 391 art 4 s 45​ 103D.611 CONSTRUCTION BY GOVERNMENT AGENCIES.​ Subdivision 1. Project plan to director and board. If a project is to be constructed within the watershed​ district under a contract between the watershed district and the state or the federal government, and the cost​ of construction or implementation is to be paid by the governmental agency but the rights-of-way, legal,​ and general expenses of the improvement are to be paid by the watershed district, the managers shall forward​ a copy of the project plan to the board and the director. The director shall prepare a director's advisory report​ and the board shall prepare a board's advisory report.​ Subd. 2. Hearing notice. (a) The managers shall hold a public hearing on the proposed contract following​ publication of the hearing notice.​ (b) The hearing notice must be published once each week for two successive weeks before the date of​ the hearing in a legal newspaper published in the counties where a part or all of the affected waters and lands​ are located. The last publication must occur at least ten days before the hearing. The notice must state the​ time and place of hearing, the general nature of the proposed improvement, its estimated cost, and the area​ proposed to be assessed.​ (c) At least ten days before the hearing, notice must be mailed to each resident owner, as shown on the​ county auditor's most recent records maintained for taxation purposes, within the area proposed to be assessed,​ and to the director, and to each public body within the area to be assessed and likely to be affected. Failure​ to give mailed notice or defects in the notice do not invalidate the proceedings.​ Subd. 3. Hearing. At the time and place specified in the notice, the managers shall hear all interested​ parties for and against the proposed project. All questions relative to the project must be determined on​ evidence presented at the hearing. If the managers find that the project will be conducive to public health​ and will promote the general welfare, and that it complies with this chapter, the managers shall make findings​ accordingly, authorize the project, and make the proposed contract or other arrangement.​ Subd. 4. Appraisal. (a) After authorizing the project, the managers shall appoint three disinterested​ resident owners of the state to act as appraisers.​ (b) After the appraisers sign an oath to faithfully and impartially perform their duties, they shall, with​ or without the engineer, determine the benefits and damages to property affected by the proposed project.​ The appraisers shall make a detailed statement and file the statement with the managers showing:​ (1) the actual damages that have resulted or will result to individuals, property, or corporations from the​ construction or implementation of the project; and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.611​MINNESOTA STATUTES 2018​35​ (2) a list of property, including highways and corporations, receiving actual benefits by way of drainage,​ control of floodwaters, or other means authorized in this chapter.​ Subd. 5. Hearing on appraisers' report. (a) After the appraisers' report and the plans and engineering​ data prepared by the governmental agency are filed with the managers, the managers shall prepare a detailed​ statement of all costs, including damages, to be incurred by the watershed district in construction or​ implementation of the project.​ (b) The managers shall order a time and place within the watershed district for a hearing on the appraisers'​ report by 35 days after the detailed statement of costs is prepared. The managers shall give notice by​ publication and mailing as provided in subdivision 1 for a hearing on a petition. At the time and place​ specified in the notice, the managers shall hear all parties interested for and against confirming the appraisers'​ report.​ (c) The managers may order and direct the modification of the assessment of benefits and damages, and​ amend or change the list of properties reported as benefited or damaged. If the amended reports include​ property not included in the original report, the managers shall adjourn and publish and mail in the manner​ for the original notice, the proper notice concerning the property not included in the previous notice.​ (d) If upon full hearing the managers find that the benefits resulting from the construction or​ implementation will be greater than the assessments including damages they shall confirm the appraisers'​ report.​ (e) Persons or political subdivisions affected by the order may appeal the order under this chapter.​ Subd. 6. Assessments and levies. Proceedings for assessments and levies may be brought under section​ 103D.901 after the managers file a statement with the auditor of a county that lists the property and​ corporations benefited or damaged or otherwise affected by a project as found by the appraisers and approved​ by the managers.​ Subd. 7. Exempt from normal project initiation. Section 103D.701 relating to project initiation does​ not apply to projects of the watershed district constructed under contract as provided in this section.​ Subd. 8. Acquiring property. (a) If the watershed district is required to acquire an interest in real​ property under this section or convey an interest in real property to the federal government, the managers​ shall, before the filing of the appraisers' report, record a notice of the pendency of a proceeding initiated by​ the managers to acquire the lands to be conveyed to the federal government. The notice of pendency must​ be recorded in the office of the county recorder of the affected county. The notice must state the purpose​ for which the lands are to be taken.​ (b) By 20 days before the hearing on the appraisers' report, in addition to the notice required by subdivision​ 2, the notice of the hearing must be served on the owners of the property to be acquired, in the same manner​ as the summons in a civil action. The notice must:​ (1) describe the property;​ (2) state by whom and for what purpose the property is to be taken;​ (3) give the names of all persons appearing of record or known to the managers to be the owners;​ (4) state that appraisers have been appointed as provided by subdivision 4, to determine the benefits and​ damages; and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 36​MINNESOTA STATUTES 2018​103D.611​ (5) state that a hearing will be held by the managers on the appraisers' report at the time and place​ specified in the notice.​ (c) After the managers have confirmed the appraisers' report listing the property to be benefited or​ damaged as provided in subdivision 5, the managers have all rights of possession and entry conferred in​ other cases of condemnation by chapter 117.​ (d) After confirmation of the appraisers' report, the attorney for the managers shall make a certificate​ describing the property taken and the purpose for the taking, and reciting the fact of payment of all awards​ determined by the appraisers appointed by the managers or judgments in relation to the land. When approved​ by the managers, the certificate establishes the right of the watershed district in the property taken. The​ certificate must be filed for record with the county recorder of the county where the property is located. The​ filing constitutes notice to all parties of the title of the watershed district to the property described in the​ certificate.​ (e) After the certificate is filed, the managers may convey the property and interests in the property​ acquired to the federal government, if necessary.​ History: 1990 c 391 art 4 s 46; 1995 c 199 s 33-35​ EMERGENCY PROJECTS​ 103D.615 EMERGENCY PROJECTS.​ Subdivision 1. Declaration of emergency. If the managers find that conditions exist that present a clear​ and imminent danger to the health or welfare of the people of the watershed district, and that to delay action​ would prejudice the interests of the people of the watershed district or would be likely to cause irreparable​ harm, the managers may declare the existence of an emergency and designate the location, nature, and extent​ of the emergency.​ Subd. 2. Project order. If an emergency has been declared to the extent necessary to protect the interests​ of the watershed district, the managers may order that work be done under the direction of the managers​ and the engineer, without a contract.​ Subd. 3. Assessment. The cost of work undertaken without a contract may be assessed against benefited​ properties or, if the cost is not more than 25 percent of the most recent administrative ad valorem levy of​ the watershed district and the work is found to be of common benefit to the watershed district, funding may​ be raised by an ad valorem tax levy upon all taxable property within the watershed district, or both.​ History: 1990 c 391 art 4 s 47​ DRAINAGE SYSTEMS AND PROJECTS​ 103D.621 DRAINAGE IMPROVEMENTS.​ Subdivision 1. Findings. The legislature finds that because of urban growth and development in the​ metropolitan area problems arise for the improvement and repair of drainage systems which were originally​ established for the benefit of land used for agriculture. The procedure for improvement and repair of drainage​ systems now in the metropolitan area should be simplified to more adequately and economically improve​ and repair drainage systems.​ Subd. 2. Definitions. (a) The terms in this section have the meanings given them in this subdivision.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.621​MINNESOTA STATUTES 2018​37​ (b) "Drainage system" has the meaning given in section 103E.005, subdivision 12.​ (c) "Watershed district" means any watershed district established under this chapter, wholly or partially​ in a metropolitan county.​ (d) "Metropolitan county" means any one of the following counties: Anoka, Carver, Dakota, Hennepin,​ Ramsey, Scott, or Washington.​ (e) "Metropolitan area" means the combined area of the metropolitan counties.​ Subd. 3. Drainage improvements. With the concurrence of the governing bodies of the cities and the​ town boards of the towns where the drainage system is located, the managers of a watershed district where​ there is a drainage system may improve and repair any drainage system transferred to the watershed district​ under section 103D.625 by conforming to sections 429.031; 429.041, subdivisions 1 and 2; 429.051; 429.061;​ and 429.071.​ Subd. 4. Alternative power. With the concurrence of the governing bodies of the cities and the town​ boards of the towns where the drainage system is located, the managers may improve and repair a drainage​ system under the power granted to them in this chapter notwithstanding any provision of chapter 103E.​ Subd. 5. Appeal. A person aggrieved by an order for improvement or repair by the managers or by an​ assessment may appeal as provided in sections 103D.535 and 103D.541.​ History: 1990 c 391 art 4 s 48; 1995 c 199 s 36​ 103D.625 DRAINAGE SYSTEMS IN WATERSHED DISTRICT.​ Subdivision 1. Duty to assume drainage systems. (a) The managers shall take over a joint county or​ county drainage system within the watershed district and the right to repair and maintain the drainage system​ if directed by a joint county drainage authority or a county board. The transfer may be initiated by:​ (1) the joint county drainage authority or county board;​ (2) a petition from a person interested in the drainage system; or​ (3) the managers.​ (b) The transfer may not be made until the joint county drainage authority or county board has held a​ hearing on the transfer. Notice of the proposed transfer with the time and place of hearing must be given by​ two weeks' published notice in a legal newspaper of general circulation in the area where the transfer is to​ occur. All interested persons may appear and be heard.​ (c) After the hearing, the joint county drainage authority or county board shall order the watershed​ district to take over the joint county or county drainage system, unless it appears that the takeover would​ not serve the purpose of this chapter and would not be for the public welfare or be in the public interest.​ Subd. 2. Status of assumed drainage systems. A joint county or county drainage system that is taken​ over in whole or in part is part of the works of the watershed district to the extent taken over.​ Subd. 3. Procedure for repair or improvement. After the transfer is ordered, all proceedings for repair​ and maintenance must conform to chapter 103E, except for repairs and maintenance done pursuant to section​ 103D.621, subdivision 4.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 38​MINNESOTA STATUTES 2018​103D.621​ Subd. 4. Construction or improvement. Construction of new drainage systems or improvements of​ existing drainage systems in the watershed district must be initiated by filing a petition with the managers.​ The proceedings for the construction or improvement of drainage systems in the watershed district must​ conform to chapter 103E, except for repairs and maintenance done pursuant to section 103D.621, subdivision​ 4.​ History: 1990 c 391 art 4 s 49; 1995 c 199 s 37,38​ PROJECT REPAIRS AND IMPROVEMENTS​ 103D.631 MAINTAINING PROJECTS.​ Subdivision 1. Maintenance required. The managers are responsible for maintaining the projects of​ the watershed district in a condition so that they will accomplish the purposes for which they were constructed.​ Subd. 2. Maintenance fund. (a) The cost of normal or routine maintenance of the projects of the​ watershed district, and the cost of removing obstructions and accumulations of foreign substances from a​ drainage system, shall be paid from the maintenance fund on the order of the managers.​ (b) The managers may assess all the parcels of property and municipal corporations previously assessed​ for benefits in proceedings for the construction or implementation of the project, to establish a maintenance​ fund for the project. The assessment must be made pro rata according to benefits determined. An assessment​ for the benefit of the maintenance fund may not be made when the fund exceeds 20 percent of the original​ cost of construction or implementation of the project. The auditors of the affected counties shall file a tabular​ lien statement covering the assessment in the office of the county recorder for the county when the assessment​ order from the managers is received.​ (c) The assessment shall be collected as provided in the order in the same manner as provided in section​ 103E.731.​ (d) Before ordering the levy of an assessment for the benefit of the maintenance fund, the managers​ may give notice of a hearing on making the assessment and establishing the maintenance fund.​ History: 1990 c 391 art 4 s 50; 1995 c 199 s 39​ 103D.635 REPAIRS AND IMPROVEMENTS EXCEEDING NORMAL MAINTENANCE.​ Subdivision 1. Technical and cost specifications. The managers shall order the engineer to prepare​ and submit to the managers technical and cost specifications on the work necessary to restore or improve​ the project to the desired level of operating efficiency before ordering repairs other than normal and routine​ maintenance if the engineer certifies to the managers, in the annual report or otherwise, that:​ (1) a project of the watershed district is in such a state of disrepair that the project cannot be restored​ by normal and routine maintenance to the same condition as when it was originally constructed or subsequently​ improved;​ (2) a ditch or channel must be widened or deepened; or​ (3) a project of the watershed district must be altered or improved to attain the level of operating efficiency​ contemplated at the time of the original construction or implementation.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.635​MINNESOTA STATUTES 2018​39​ Subd. 2. Hearing. The managers shall set a date for a hearing on the report and give notice of the hearing​ in the same manner as in the original proceeding on the construction of the improvement after receiving the​ engineer's report.​ Subd. 3. Assessment. (a) The managers may order the repair or improvement and assess the cost against​ the benefited properties if, after a hearing, the managers find that the repair or improvement is in compliance​ with the plan, is necessary to accomplish the purposes of this chapter, and that the cost of the repair or​ improvement will not exceed its benefits. The cost of the repair or improvement shall be apportioned and​ assessed pro rata upon all property that was assessed for the construction or implementation of the project.​ (b) A single levy for the repair or improvement may not exceed the amount of benefits originally​ determined. The managers shall file a copy of the order for levy with the auditor of each affected county.​ The auditor shall extend the levy against affected properties as in proceedings for the levy, assessment, and​ collection of assessments in drainage proceedings conducted under sections 103E.601 to 103E.631.​ History: 1990 c 391 art 4 s 51; 1995 c 199 s 40,41​ 103D.641 WORK WITHOUT BID.​ If the managers find that the estimated cost of repair, including all fees and costs incurred for proceedings​ relating to it, is less than $25,000, it may have the work done by contract without advertising for bids.​ History: 1990 c 391 art 4 s 52; 1998 c 312 s 3​ GENERAL PROCEDURE TO ESTABLISH PROJECTS​ 103D.701 PROJECT INITIATION.​ Projects may not be initiated until the board approves a watershed management plan for the watershed​ district. The projects of the watershed district that are to be paid for by assessment of the benefited properties​ must be initiated:​ (1) by a project petition filed with the managers;​ (2) by unanimous resolution of the managers; or​ (3) as otherwise prescribed by this chapter.​ History: 1990 c 391 art 4 s 53​ 103D.705 PROJECT PETITION.​ Subdivision 1. Requirements. A project within the watershed district that generally conforms with the​ watershed management plan may be initiated by a project petition. A project petition must contain:​ (1) a description of the proposed project and the purpose to be accomplished;​ (2) a description of the property where the proposed project passes over or is located;​ (3) a general description of the part of the watershed district that will be affected, if less than the entire​ watershed district;​ (4) the necessity for the proposed project;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 40​MINNESOTA STATUTES 2018​103D.635​ (5) a statement that the proposed project will be conducive to public health, convenience, and welfare;​ and​ (6) a statement that the petitioners will pay all costs and expenses that may be incurred if the proceedings​ are dismissed or a construction or implementation contract is not awarded for the proposed project.​ Subd. 2. Signatures. (a) The project petition must be signed by:​ (1) at least 25 percent of the property owners or the owners of more than 25 percent of the property​ within the limits of the area proposed to be improved, unless the project consists of the establishment of a​ new drainage system as defined in section 103E.005, subdivision 12, or the improvement of an existing​ drainage system;​ (2) if the project consists of the establishment of a new drainage system as defined in section 103E.005,​ subdivision 12, a majority of the owners of the property that the proposed project passes over or is located​ on, or the owners of at least 60 percent of the area of the property that the proposed project passes over or​ is located on;​ (3) if the project consists of the improvement of an existing drainage system as defined in section​ 103E.215, subdivision 2, at least 26 percent of the owners of the property proposed to be improved by the​ project or that the proposed project passes over, or the owners of at least 26 percent of the area proposed to​ be improved by the project or that the proposed project passes over;​ (4) a county board of a county affected by the watershed district; or​ (5) the governing body of a city entirely or partly within the area proposed to be improved.​ (b) If a proposed project improves property entirely within a city, a petition must originate from the​ governing body of the city.​ (c) For a signature on a project petition, holders of easements for electric or telephone transmission or​ distribution lines are not considered owners.​ Subd. 3. Petitioners' deposit or bond. (a) When a project petition is filed and before the managers take​ action on the project petition, one or more of the petitioners must deposit at least $2,000 with the managers.​ The deposit must be conditioned to pay all costs and expenses incurred if the project petitioned for is not​ constructed.​ (b) Alternatively, with the approval of the managers, one or more of the petitioners may make and file​ a bond payable to the watershed district named in the petition. The bond must be for at least $2,000 with​ adequate sureties, subject to the approval of the managers of the watershed district where the bond is filed.​ The bond must be conditioned to pay all costs and expenses incurred if the proceedings are dismissed or a​ contract is not entered into to construct the project petitioned for.​ (c) If, before a project is established, the petitioner's deposit or bond is insufficient to protect the watershed​ district from loss from the costs or expenses incurred or to be incurred, the watershed district must require​ an additional deposit or bond. Further proceedings must be stopped until an adequate deposit or bond is​ furnished. If the additional deposit or bond is not furnished within a time set by the managers, the proceedings​ may be dismissed.​ (d) In proceedings to establish a project, the expenses incurred before the project is established may not​ exceed the deposit or the bond furnished by the petitioners. A claim in excess of the amount of the petitioners'​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.705​MINNESOTA STATUTES 2018​41​ deposit or bond may not be audited or paid by the watershed district unless the petitioners file an additional​ deposit or bond within a time and in an amount directed by the managers.​ (e) If a project petition is signed by a county board or governing body of a city, a bond is not required.​ Subd. 4. Petitioners may dismiss petition. The petitioners may dismiss the petition upon payment of​ costs and expenses.​ History: 1990 c 391 art 4 s 54; 1995 c 199 s 42​ 103D.711 ENGINEER'S REPORT.​ Subdivision 1. Determination. If the managers determine that a proper project petition has been filed,​ the proposed project promotes the public interest and welfare, is practicable and conforms with the watershed​ management plan of the watershed district, the managers must:​ (1) identify the project proceeding by name and number; and​ (2) designate an engineer to make surveys, maps, and a report on the proposed project.​ Subd. 2. Requirements. (a) The engineer's report must include findings and recommendations about​ the proposed project. If the engineer finds the project feasible, the engineer must provide a plan of the​ proposed project as part of the report. The plan must include:​ (1) a map of the project area, drawn to scale, showing the location of the proposed improvements, if​ any;​ (2) the estimated total cost of completing the project including construction, operation, implementation,​ supervision, and administrative costs;​ (3) the acreage required as right-of-way listed by each lot and 40-acre tract or fraction of the lot or tract​ under separate ownership, if required to implement the project; and​ (4) other details and information to inform the managers of the practicability and necessity of the proposed​ project with the engineer's recommendations on these matters.​ (b) The map of the area must include:​ (1) the location and adequacy of the outlet, if the project is related to drainage;​ (2) the watershed of the project area;​ (3) the location of existing highways, bridges, and culverts;​ (4) the property, highways, and utilities affected by the project with the names of the known property​ owners;​ (5) the location of public land and water affected by the project; and​ (6) other physical characteristics of the watershed necessary to understand the area.​ Subd. 3. State and federal projects. The engineer may adopt, approve, and include as a part of the​ engineer's report a project of the state or federal government that is pertinent to the project and may accept​ data, plats, plans, details, or information pertaining to the state or federal project given to the engineer by​ the state or federal agency. The engineer shall omit the items required in subdivision 2 from the engineer's​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 42​MINNESOTA STATUTES 2018​103D.705​ report if the data given by the state or federal government is sufficient to meet the requirements of subdivision​ 2.​ Subd. 4. Hearing after unfavorable engineer's report. (a) If the engineer's report is unfavorable, the​ managers shall, by order, within 35 days set a time and place within the watershed district for a hearing for​ the petitioners to demonstrate why the managers should not refer the petition back to the petitioners for​ further proceedings or dismiss the petition.​ (b) The hearing notice must state:​ (1) that the engineer's report is unfavorable;​ (2) that the engineer's report is on file with the managers and may be reviewed; and​ (3) the time and place for the hearing.​ (c) The managers shall mail a copy of the notice to each of the petitioners at least 14 days before the​ hearing.​ Subd. 5. Advisory reports. (a) When the engineer's report is filed with the managers, the managers​ shall send a complete copy to the director and to the board.​ (b) The director and the board shall examine the engineer's report and by 30 days after receiving the​ report, the director shall make a director's advisory report and the board shall make a board's advisory report​ which must include:​ (1) a statement on whether the engineer's report is incomplete and not in accordance with this chapter;​ (2) a statement of whether the engineer's report is approved as being a practical plan;​ (3) if the project as planned does not meet approval, recommendations for changes considered advisable​ must be stated or an opinion that the proposed project or improvement is not practical; and​ (4) a recommendation as to whether a soil survey appears advisable.​ (c) The director's advisory report and the board's advisory report shall be directed to and filed with the​ managers.​ (d) The director's advisory report and the board's advisory report shall be considered advisory only.​ Subd. 6. Notice for final hearing; timing. A notice may not be issued for the final hearing until the​ board's advisory report and the director's advisory report are filed or the time for filing the reports with the​ managers has expired.​ Subd. 7. Form. The findings, recommendations, and content of the engineering report shall conform as​ nearly as practicable to the requirements of this section.​ Subd. 8. Soil survey. If a soil survey is recommended to be made in the director's advisory report or the​ board's advisory report, the engineer shall make the soil survey and a soil survey report. The soil survey​ report must be submitted to the managers before the final hearing.​ History: 1990 c 391 art 4 s 55; 1995 c 199 s 43​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.711​MINNESOTA STATUTES 2018​43​ 103D.715 APPRAISERS; DETERMINING BENEFITS AND DAMAGES.​ Subdivision 1. Appointment. After the engineer's report is filed, the managers shall, with the least​ possible delay, appoint three disinterested resident owners of the state as appraisers.​ Subd. 2. Oath. An appraiser must subscribe to an oath to faithfully and impartially perform the appraiser's​ duties.​ Subd. 3. Duties. The appraisers shall with or without the engineer determine the benefits and damages​ to property affected by the proposed project, including property owned by the state or a state agency,​ highways, and other property likely to be affected by the proposed project or that may be used or taken for​ construction, implementation, or maintenance.​ Subd. 4. Benefits and damages to state land. For all watershed district projects, benefits and damages​ to property owned by the state or a state agency, held and used for the purposes described in sections 103E.025​ and 103E.315, subdivision 1, must be determined using the procedure provided in sections 103E.025 and​ 103E.315, subdivision 1. If a state permit is required from the commissioner to construct the project, state​ land may not be taken, damaged, or benefited until the permit is issued.​ Subd. 5. Compensation. An appraiser may be paid on a per diem basis for each day the appraiser is​ necessarily engaged in the performance of duties and for actual and necessary expenses. The compensation​ shall be set by the managers, paid by the watershed district, and included in the cost of the project.​ History: 1990 c 391 art 4 s 56; 1995 c 199 s 44,45​ 103D.721 MANAGERS; DETERMINING BENEFITS AND DAMAGES.​ Subdivision 1. Authority. The managers may, in their discretion, use the procedure in this section to​ determine benefits and damages.​ Subd. 2. Determination. After the engineer's report is filed, the managers, with the assistance of the​ engineer, shall determine the benefits or damages to the property affected by the proposed project, including​ property owned by the state or a state agency, highways, and other property likely to be affected by the​ proposed improvement or that may be used or taken for construction, implementation, or maintenance.​ Subd. 3. State property. For all watershed district projects, benefits and damages to property owned​ by the state or a state agency that is held and used for the purposes described in sections 103E.025 and​ 103E.315, subdivision 1, shall be determined using the procedure provided in sections 103E.025 and​ 103E.315, subdivision 1. If a state permit is required from the commissioner to construct the project, state​ land may not be taken, damaged, or benefited until the permit is issued.​ Subd. 4. Water management assessment portion. The managers must determine the amount to be​ paid and generally assessed by the watershed district for the basic water management portion of the​ improvement projects.​ History: 1990 c 391 art 4 s 57; 1995 c 199 s 46,47​ 103D.725 BENEFITED PROPERTY; DETERMINATION.​ Subdivision 1. Appraiser standards. If the proposed project includes the construction or improvement​ of a ditch, stream, river, or watercourse, or structures for the control or alleviation of damages from​ floodwaters, the appraisers shall be governed by sections 103E.311 to 103E.321.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 44​MINNESOTA STATUTES 2018​103D.715​ Subd. 2. Determining benefits. In proceedings under this chapter, assessments for benefits shall be​ made based on the benefits to the property because of the project affecting the property. Benefited property​ must include:​ (1) all property, including property owned by the state or a political subdivision receiving direct benefits,​ including assessments for drainage, recreation, commercial navigation, disposal of sewage or waste material,​ bank stabilization, flood control, land reclamation, prevention of siltation, control of erosion, and maintenance​ of lake levels;​ (2) all property that is contributing water or is furnished an improved drainage outlet and all property​ that contributes waters that are stored, handled, or controlled by the proposed project;​ (3) all property that is not receiving but needs drainage and that is furnishing waters handled or controlled​ by the proposed project;​ (4) benefits to the state by reason of the improvement of lakes, streams, or other bodies of water as a​ place for propagation, protection, and preservation of fish and other forms of wildlife, that are assessable​ against the state to the extent and in the manner provided in section 84A.55, subdivision 9, and within the​ available appropriation;​ (5) benefits to municipal corporations that occur to the property in the municipality generally and that​ may be in addition to special benefits to specific property within the municipality; and​ (6) benefits that will result to property used for railway or other utility purposes.​ History: 1990 c 391 art 4 s 58​ 103D.729 WATER MANAGEMENT DISTRICT.​ Subdivision 1. Establishment. A watershed district may establish a water management district or districts​ in the territory within the watershed, for the purpose of collecting revenues and paying the costs of projects​ initiated under section 103B.231, 103D.601, 103D.605, 103D.611, or 103D.730.​ Subd. 2. Procedure. A watershed district may establish a water management district only by amendment​ to its plan in accordance with section 103D.411, or 103B.231 for watershed districts in the metropolitan​ area, and compliance with subdivisions 3 and 4. The amendment shall describe with particularity the territory​ or the area to be included in the water management district, the amount of the necessary charges, the methods​ used to determine charges, and the length of time the water management district will remain in force. After​ adoption the amendment shall be filed with the county auditor and county recorder of each county affected​ by the water management district. The water management district may be dissolved by the procedure​ prescribed for the establishment of the water management district.​ Subd. 3. Notification. The managers shall, ten days prior to a hearing or decision on projects implemented​ under this section, provide notice to the city, town, or county within the affected area. The city, town, or​ county receiving notice shall submit to the managers concerns relating to the implementation of the project.​ The managers shall consider the concerns of the city, town, or county in the decision on the project.​ Subd. 4. Resolving disputes. Unresolved differences between local governments and the managers may​ be brought before the committee on dispute resolution under section 103B.101, subdivision 10. Within 45​ days of receiving the request for dispute resolution, the committee must consider the concerns of the local​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.729​MINNESOTA STATUTES 2018​45​ government. The committee has 30 days after meeting to issue a recommendation to the board for final​ decision.​ History: 1996 c 471 art 8 s 1​ 103D.730 STORM WATER FACILITIES.​ (a) Any watershed district may build, construct, reconstruct, repair, enlarge, improve, or in any other​ manner obtain storm water systems, including mains, holding areas and ponds, and other appurtenances and​ related facilities for the collection and disposal of storm water, maintain and operate the facilities, and acquire​ by gift, purchase, lease, condemnation, or otherwise any and all land and easements required for that purpose.​ (b) The authority granted is in addition to all other powers with reference to the facilities otherwise​ granted by the laws of this state or by this chapter.​ History: 1996 c 471 art 8 s 2​ 103D.731 APPRAISERS' REPORT; EXAMINATION.​ (a) The appraisers shall prepare an appraisers' report of the benefits and damages determined and file​ the report with the managers.​ (b) After the appraisers' report is filed, the managers shall examine the report and determine whether:​ (1) the report was made in conformity with the requirements of this chapter; and​ (2) the total benefits are greater than the total estimated costs and damages.​ (c) If the managers determine the appraisers' report is inadequate in any manner, the managers may​ return the report to the appraisers for further study and report.​ History: 1990 c 391 art 4 s 59​ 103D.735 HEARING ON PETITION AND REPORTS.​ (a) The managers shall order a final hearing by 35 days after:​ (1) the engineer's report is filed;​ (2) the appraisers' report is filed; and​ (3) the director's advisory report and the board's advisory report are filed or the time for that filing has​ expired.​ (b) The order for a final hearing must set a time and place within the watershed district for a hearing​ upon the petition or resolution and reports.​ History: 1990 c 391 art 4 s 60​ 103D.741 HEARING NOTICE.​ Subdivision 1. Published final hearing notice. The managers shall give notice by publication of the​ final hearing. The final hearing notice must contain:​ (1) a statement of the pendency of the petition or resolution;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 46​MINNESOTA STATUTES 2018​103D.729​ (2) the time and place for hearing;​ (3) a statement that the engineer's report and appraisers' report, including the plans, have been filed with​ the managers and are subject to inspection;​ (4) a brief description of the proposed project;​ (5) a description of the properties benefited or damaged, the names of the owners of the properties, the​ public and other corporations affected by the project as shown by the engineer's report and appraisers' report​ or may include a map of the affected area in lieu of the names of the owners and of the descriptions of the​ properties affected by the project; and​ (6) a statement requiring all parties interested in the proposed project to appear before the managers at​ the time and place designated in the final hearing notice to present objections, and to show why an order​ should not be made by the managers granting the petition, confirming the reports of the engineer and​ appraisers, and ordering the establishment and construction or implementation of the project.​ Subd. 2. Mailed final hearing notice. (a) The managers shall give the final hearing notice by mail,​ within one week after the beginning of publication, to the director and to each person, corporation, and​ public body that owns property benefited or damaged by the proposed project as shown by the engineer's​ and appraisers' report.​ (b) The mailed final hearing notice must contain:​ (1) a brief description of the proposed project;​ (2) a statement that the engineer's report and appraisers' report are on file with the managers and available​ for public inspection;​ (3) the time and place of hearing; and​ (4) a statement that the addressee's name appears as an affected party.​ Subd. 3. Acquiring property; notice. (a) If the watershed district must acquire the ownership of real​ property, the managers must record a notice of pendency of the watershed district's proceeding to acquire​ property in the office of county recorder of the county where the property is located before the appraisers'​ report is filed. The pendency notice must state the purpose for which the property is to be acquired.​ (b) By 20 days before the final hearing, the final hearing notice, in addition to being given in the manner​ required in subdivisions 1 and 2, must be served on the owners of the property to be acquired, in the same​ manner as a summons in a civil action. In addition to the other requirements of the final hearing notice, the​ notice to property owners must:​ (1) describe the property to be acquired;​ (2) state by whom and for what purpose it is to be taken;​ (3) give the names of all persons appearing of record or known to the managers to be the owners;​ (4) state that benefits and damages have been determined; and​ (5) state that the final hearing will be held by the managers at the time and place specified in the notice.​ Subd. 4. Final hearing notice in more than one county. If a project affects the property in more than​ one county, separate final hearing notices must be prepared and published in each county affected showing​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.741​MINNESOTA STATUTES 2018​47​ only the general description of the proposed project and the names and descriptions of the property affected​ in the county or, instead of the names and descriptions, a map of the area affected in the county.​ History: 1990 c 391 art 4 s 61; 1995 c 199 s 48​ 103D.745 FINAL HEARING.​ Subdivision 1. Hearing. (a) At the time and place specified in the final hearing notice, the managers​ must hear all parties interested for and against the establishment of the proposed project and confirm the​ engineer's report and the appraisers' report.​ (b) Questions about the proposed project including jurisdiction, sufficiency of the petition or resolution,​ practicability, and necessity shall be determined by evidence presented at the hearing. Findings made by the​ managers before the final hearing are not conclusive but are subject to further investigation, consideration,​ and determination at the final hearing.​ Subd. 2. Modifying reports. (a) The managers may order and direct the modification of:​ (1) the engineer's report within the scope of the watershed management plan for the watershed district;​ (2) the assessment of benefits and damages; and​ (3) amendment or change of the list of property reported as assessable for construction or implementation​ and maintenance.​ (b) If the amended engineer's report and appraisers' report includes property not included in the original​ reports, the managers shall adjourn the hearing and have an amended notice published and mailed with the​ proper reference to all property as amended by the managers.​ Subd. 3. Establishing project. (a) The managers shall make findings, order and direct construction or​ implementation of the project, and confirm the engineer's report and the findings of the appraisers and the​ appraisers' report if, at the end of the final hearing, the managers find that the project will:​ (1) be conducive to public health;​ (2) promote the general welfare;​ (3) be in compliance with this chapter; and​ (4) result in benefits that will be greater than the cost of the construction or implementation and damages.​ (b) The order may authorize the construction or implementation of the project as a whole or authorize​ different parts of the project to be constructed separately.​ (c) The managers shall order the engineer to proceed with making the necessary surveys and preparing​ plans and specifications that are needed to construct the project and report the results of the surveys and​ plans to the managers.​ Subd. 4. Recess until awarding contract. The final hearing shall be recessed until the engineer's report​ and the bids are received. The hearing may be recessed to allow compliance with section 103D.801 if it​ becomes applicable.​ History: 1990 c 391 art 4 s 62; 1995 c 199 s 49,50​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 48​MINNESOTA STATUTES 2018​103D.741​ CONSTRUCTING AND IMPLEMENTING PROJECTS​ 103D.801 PROCEDURE WHEN CONTRACT IS NOT LET.​ If all of the bids received are for a price more than 30 percent greater than the engineer's estimate in the​ engineer's report, or for a price in excess of the benefits less damages and other costs, the managers shall​ follow the procedure described in section 103E.511.​ History: 1990 c 391 art 4 s 63​ 103D.805 FILING MANAGERS' ORDER ESTABLISHING PROJECT.​ An order of the managers establishing the project and authorizing construction must immediately be​ filed with the secretary of the watershed district, and a certified copy of the order must be filed with the​ auditor of each county affected, the board, the commissioner, the director, the Pollution Control Agency,​ and the commissioner of health.​ History: 1990 c 391 art 4 s 64​ 103D.811 BIDS FOR CONSTRUCTION.​ Subdivision 1. Call for bids. After an establishment order has been made by the managers directing the​ establishment of a project, the managers shall call for bids for the construction or implementation of the​ work and give notice by publication specifying the time and place when the bids will be opened for awarding​ a contract for the construction or implementation of the project. The contract may be awarded in sections​ or as a whole, as directed by the managers.​ Subd. 2. Bid notice. A bid notice shall be published in at least one of the newspapers in the state where​ notices are usually published.​ Subd. 3. Awarding contract. (a) At a time and place specified in the bid notice, the managers may​ accept or reject any or all bids and may award the contract to the lowest responsible bidder. The bidder to​ whom the contract is to be awarded must give a bond, with ample security, conditioned by satisfactory​ completion of the contract.​ (b) Bids must not be considered which in the aggregate exceed by more than 30 percent the total estimated​ cost of construction or implementation.​ (c) As an alternative to the procurement method described in paragraph (a), the managers may issue a​ request for proposals and award the contract to the vendor or contractor offering the best value as described​ in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).​ (d) The contract must be in writing and be accompanied by or refer to the plans and specifications for​ the work to be done as prepared by the engineer for the watershed district. The plans and specifications shall​ become a part of the contract.​ (e) The contract shall be approved by the managers and signed by the president, secretary, and contractor.​ History: 1990 c 391 art 4 s 65; 1995 c 199 s 51,52; 2007 c 148 art 3 s 9​ 103D.815 CONTROLLING CONTRACTS.​ Subdivision 1. Manager control of contracts. The managers have full control of contracts of the​ watershed district and matters pertaining to the contracts.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.815​MINNESOTA STATUTES 2018​49​ Subd. 2. Extending contracts. If a contractor fails to complete a project within the time or in the manner​ specified in the contract, the managers may:​ (1) extend the time for completion;​ (2) refuse an extension of time;​ (3) cancel the contract, readvertise, and award a new contract;​ (4) require surety for the contractor to complete the project;​ (5) proceed to have the contract otherwise completed at the expense of the contractor and the surety; or​ (6) take other action with reference to the contract in the interest of the watershed district.​ Subd. 3. Engineer authority over contractor. Applicable provisions of chapter 103E govern the​ relations between the engineer and the contractor, including the examination and report of the engineer and​ the amount and time of payment.​ Subd. 4. Expense record. (a) The managers shall keep an accurate account of all expenses incurred,​ including:​ (1) the compensation of the engineer and the engineer's assistants;​ (2) the compensation and expenses of the appraisers as provided in section 103D.715, subdivision 5;​ (3) the compensation of the petitioners' attorney;​ (4) the cost of petitioners' bond;​ (5) the fees of all county officials necessitated by the project, which are in addition to all fees otherwise​ allowed by law; and​ (6) the time and expenses of all employees of the watershed district, including the expenses of the​ managers, while engaged in an authorized project.​ (b) Fees and expenses shall be audited, allowed, and paid upon the order of the managers and shall be​ charged to and be treated as a part of the cost of the project.​ History: 1990 c 391 art 4 s 66​ 103D.821 BRIDGE OR GRADE REMOVAL; PASSAGE OF EQUIPMENT.​ Subdivision 1. Notice. If it is necessary to pass a dredge or other equipment through a bridge or grade​ of a highway or railroad owned by a corporation, county, town, or municipality, the managers shall give​ notice to the owner of the bridge or grade by 20 days before the removal so the bridge or grade may be​ removed temporarily to allow the passage of the equipment, or an agreement may be immediately entered​ into to allow the passage.​ Subd. 2. Cost paid by watershed district. The owner of the bridge or grade shall keep an itemized​ account of the cost of removal and if necessary, of replacing of the bridge or grade. The actual cost must be​ paid by the watershed district.​ Subd. 3. Managers may remove bridge or grade. If the owner of the bridge or grade refuses to provide​ for the passage of the equipment, the managers may remove the bridge or grade at the expense of the​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 50​MINNESOTA STATUTES 2018​103D.815​ watershed district, interrupting traffic in the least degree consistent with good work and without delay or​ unnecessary damage.​ Subd. 4. Owners liable for delay. If the managers are prevented from moving the equipment, the owner​ of the bridge or grade is liable for the damages resulting from the delay.​ History: 1990 c 391 art 4 s 67​ FUNDING WATERSHED DISTRICT AND PROJECTS​ 103D.901 ASSESSMENTS; LEVIES.​ Subdivision 1. Assessment. (a) After the managers file an approved assessment statement listing the​ property and corporations benefited or damaged or otherwise affected by a project with the auditor of an​ affected county, the auditor shall assess the amount specified in the assessment statement against the property,​ municipalities, or other corporations as specified in the pertinent provisions of chapter 103E.​ (b) For a watershed district entirely within the metropolitan area, the auditor must mail an assessment​ notice to property owners and corporations benefited and damaged before the assessment is made under​ paragraph (a). The assessment notice must include:​ (1) the amount to be specially assessed against the property;​ (2) the right of the property owner to prepay the entire assessment and to whom prepayment must be​ made;​ (3) whether partial prepayment of the assessment is authorized;​ (4) the time within which prepayment may be made without interest being charged; and​ (5) the rate of interest to be charged if the assessment is not prepaid within the required time period.​ Subd. 2. County funding. After the assessment statement is filed with the auditor, the county board of​ each affected county shall provide funds to meet its proportionate share of the total cost of the project, as​ shown by the engineer's report and order of the managers. The county may issue bonds of the county in the​ manner provided by section 103E.635. If an improvement is to be constructed under section 103D.611, the​ provisions of section 103E.635 requiring the county board to award a contract for construction or​ implementation before issuing bonds is not applicable to bonds issued to provide the funds required to be​ furnished by this section.​ Subd. 3. Levy and collection. (a) The respective county auditors and county treasurers shall levy and​ collect the amount shown in the tabular statement and lien as provided in sections 103E.601 to 103E.631.​ (b) For a watershed district entirely within the metropolitan area, the auditor must mail an assessment​ notice to the owners of affected property as provided in subdivision 1, paragraph (b), before the assessment​ is levied. The assessment may be prepaid as provided in paragraphs (c) and (d).​ (c) For a watershed district entirely within the metropolitan area, a property owner or corporation may​ prepay the entire assessment at any time before the first installment of the assessment is entered on the tax​ lists for the year with the interest that has accrued to the date of payment, except that interest may not be​ charged on an assessment that is prepaid within 30 days after the assessment notice is mailed.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.901​MINNESOTA STATUTES 2018​51​ (d) After the first installment of an assessment is entered on the tax list, a property owner or corporation​ may prepay the entire assessment remaining due before November 15 with interest accrued to December​ 31 of the year in which the prepayment is made.​ (e) The money received by the treasurer of a county from the sale of bonds, assessments, or otherwise,​ for the benefit of the watershed district shall be accounted for by the auditor and paid to the treasurer of the​ watershed district.​ Subd. 4. Assessment not to exceed benefits. (a) An assessment may not be levied against property or​ corporations benefited under this chapter in excess of the amount of benefits received as set by the order of​ the managers authorizing the construction or implementation of the project or subsequently determined on​ appeal.​ (b) If the damages for a project financed by special assessment are awarded and confirmed, the managers​ must determine that the project's benefits exceed the total costs, including damages awarded.​ (c) The managers shall amend the project's statement filed with the county auditor to reflect the amount​ of damages awarded.​ Subd. 5. Damages paid before entering property. Before entering property for which damages were​ awarded to begin construction or implementation of the project, the managers shall pay the amount of​ damages awarded less any assessment against the property from the funds provided by the county board​ under subdivision 3. If the amount of damages is appealed, damages may not be paid until the final​ determination of the appeal.​ History: 1990 c 391 art 4 s 68; 1995 c 199 s 53-55​ 103D.905 FUNDS OF WATERSHED DISTRICT.​ Subdivision 1. Generally. The money of a watershed district consists of the funds established in this​ section.​ Subd. 2. Organizational expense fund. (a) An organizational expense fund, consisting of an ad valorem​ tax levy, shall not exceed 0.01596 percent of estimated market value, or $60,000, whichever is less. The​ money in the fund shall be used for organizational expenses and preparation of the watershed management​ plan for projects.​ (b) The managers may borrow from the affected counties up to 75 percent of the anticipated funds to​ be collected from the organizational expense fund levy and the counties affected may make the advancements.​ (c) The advancement of anticipated funds shall be apportioned among affected counties in the same​ ratio as the net tax capacity of the area of the counties within the watershed district bears to the net tax​ capacity of the entire watershed district. If a watershed district is enlarged, an organizational expense fund​ may be levied against the area added to the watershed district in the same manner as provided in this​ subdivision.​ (d) Unexpended funds collected for the organizational expense may be transferred to the administrative​ fund and used for the purposes of the administrative fund.​ Subd. 3. General fund. A general fund, consisting of an ad valorem tax levy, may not exceed 0.048​ percent of estimated market value, or $250,000, whichever is less. The money in the fund shall be used for​ general administrative expenses and for the construction or implementation and maintenance of projects of​ common benefit to the watershed district. The managers may make an annual levy for the general fund as​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 52​MINNESOTA STATUTES 2018​103D.901​ provided in section 103D.911. In addition to the annual general levy, the managers may annually levy a tax​ not to exceed 0.00798 percent of estimated market value for a period not to exceed 15 consecutive years to​ pay the cost attributable to the basic water management features of projects initiated by petition of a political​ subdivision within the watershed district or by petition of at least 50 resident owners whose property is​ within the watershed district.​ Subd. 4. Bond fund. A bond fund consists of the proceeds of special assessments, storm water charges,​ loan repayments, and ad valorem tax levies pledged by the watershed district for the payment of bonds or​ notes issued by the watershed district. The bond fund is to be used for the payment of the principal of,​ premium or administrative surcharge, if any, and interest on the bonds and notes issued by the watershed​ district and for payments required to be made to the federal government under section 148(f) of the Internal​ Revenue Code of 1986, as amended through December 31, 1996.​ Subd. 5. Construction or implementation fund. (a) A construction or implementation fund consists​ of:​ (1) the proceeds of watershed district bonds or notes or of the sale of county bonds;​ (2) construction or implementation loans from the Pollution Control Agency under sections 103F.701​ to 103F.755, or from any agency of the federal government; and​ (3) special assessments, storm water charges, loan repayments, and ad valorem tax levies levied or to​ be levied to supply funds for the construction or implementation of the projects of the watershed district,​ including reservoirs, ditches, dikes, canals, channels, storm water facilities, sewage treatment facilities,​ wells, and other works, and the expenses incident to and connected with the construction or implementation.​ (b) Construction or implementation loans from the Pollution Control Agency under sections 103F.701​ to 103F.755, or from an agency of the federal government may be repaid from the proceeds of watershed​ district bonds or notes or from the collections of storm water charges, loan repayments, ad valorem tax​ levies, or special assessments on properties benefited by the project.​ Subd. 6. Preliminary fund. A preliminary fund consists of funds authorized to be provided. The​ preliminary fund is to be used for preliminary work on proposed works of the watershed district.​ Subd. 7. Repair and maintenance funds. Repair and maintenance funds are established under section​ 103D.631, subdivision 2.​ Subd. 8. Survey and data acquisition fund. (a) A survey and data acquisition fund is established and​ used only if other funds are not available to the watershed district to pay for making necessary surveys and​ acquiring data.​ (b) The survey and data acquisition fund consists of the proceeds of a property tax that can be levied​ only once every five years. The levy may not exceed 0.02418 percent of estimated market value.​ (c) The balance of the survey and data acquisition fund may not exceed $50,000.​ (d) In a subsequent proceeding for a project where a survey has been made, the attributable cost of the​ survey as determined by the managers shall be included as a part of the cost of the work and the sum shall​ be repaid to the survey and data acquisition fund.​ Subd. 9. Project tax levy. In addition to other tax levies provided in this section or in any other law, a​ watershed district may levy a tax:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.905​MINNESOTA STATUTES 2018​53​ (1) to pay the costs of projects undertaken by the watershed district which are to be funded, in whole or​ in part, with the proceeds of grants or construction or implementation loans under sections 103F.701 to​ 103F.755;​ (2) to pay the principal of, or premium or administrative surcharge, if any, and interest on, the bonds​ and notes issued by the watershed district pursuant to section 103F.725; or​ (3) to repay the construction or implementation loans under sections 103F.701 to 103F.755.​ Taxes levied with respect to payment of bonds and notes shall comply with section 475.61.​ History: 1990 c 391 art 4 s 69; 1995 c 199 s 56,57; 1997 c 231 art 2 s 2-4; 1Sp2001 c 5 art 3 s 4; 2011​ c 107 s 107; 2013 c 143 art 14 s 11-13​ 103D.911 BUDGET.​ Subdivision 1. Hearing. (a) Before adopting a budget, the managers shall hold a public hearing on the​ proposed budget.​ (b) The managers shall publish a notice of the hearing with a summary of the proposed budget in one​ or more newspapers of general circulation in each county consisting of part of the watershed district. The​ notice and summary shall be published once each week for two successive weeks before the hearing. The​ last publication shall be at least two days before the hearing.​ Subd. 2. Adoption. On or before September 15 of each year, the managers shall adopt a budget for the​ next year and decide on the total amount necessary to be raised from ad valorem tax levies to meet the​ watershed district's budget.​ History: 1990 c 391 art 4 s 70; 1994 c 416 art 1 s 2​ 103D.915 TAX LEVY.​ Subdivision 1. Certification to auditor. After adoption of the budget and no later than September 15,​ the secretary of the watershed district shall certify to the auditor of each county within the watershed district​ the county's share of the tax, which shall be an amount bearing the same proportion to the total levy as the​ net tax capacity of the area of the county within the watershed bears to the net tax capacity of the entire​ watershed district. The maximum amount of a levy may not exceed the amount provided in section 103D.905.​ Subd. 2. Levy. The auditor of each county in the watershed district shall add the amount of a levy made​ by the managers to the other tax levies on the property of the county within the watershed district for collection​ by the county treasurer with other taxes. The county treasurer shall make settlement of the taxes collected​ with the treasurer of the watershed district in the same manner as other taxes are distributed to the other​ political subdivisions. The levy authorized by this section is in addition to other county taxes authorized by​ law.​ History: 1990 c 391 art 4 s 71; 1994 c 416 art 1 s 3​ 103D.921 DISTRICT COURT TO CREATE PRELIMINARY FUND.​ Subdivision 1. Petition. (a) If a petition has been filed with the managers for the construction or​ implementation of a project within the watershed district, the managers may file a petition with the district​ court in the county where the watershed district has its principal place of business asking that a preliminary​ expense fund be created for the watershed district.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 54​MINNESOTA STATUTES 2018​103D.905​ (b) The managers may subsequently amend or supplement the petition if necessary. At least ten days'​ notice of a petition or amended or supplementary petition must be given to the auditor of each county affected​ by the proposed project.​ (c) The preliminary fund must be of a size that is proportionate to the needs of the watershed district for​ preliminary work on the proposed project.​ Subd. 2. Court order of amount. The district court after the hearing may designate the amount of the​ fund and set the proportionate amount that each county affected by the improvement shall pay, in proportion​ to the area in the county affected by the proposed project. The court shall order the auditor of each county​ to draw a warrant on the treasurer of the county for the payment of the amount specified in the order, payable​ to the treasurer of the watershed district. The sum advanced by the county shall be charged to the watershed​ district and must be repaid with interest as soon as the watershed district has funds for that purpose.​ Subd. 3. Using fund. The preliminary fund must be used by the managers for preliminary work. If the​ managers incur expenses for surveys or other preliminary work on a proposed project, all expenses connected​ with the work shall be included in the cost of construction or implementation of the proposed project. If​ construction or implementation of the project is authorized by the managers, the money advanced from the​ preliminary fund shall be repaid from assessments for the project.​ Subd. 4. Appropriations from governmental bodies. The state, state agencies, and political subdivisions​ may appropriate money necessary to pay their proportionate share of the preliminary expenses, determined​ by the managers according to the benefits that will probably accrue from the proposed project.​ Subd. 5. Preliminary fund. The district court may order a preliminary fund for all works of the watershed​ district instituted under section 103D.701.​ History: 1990 c 391 art 4 s 72; 1995 c 199 s 58,59​ 103D.925 WARRANTS.​ The managers may issue warrants of the watershed district to pay contracts for the construction or​ implementation of projects, ordinary general expenses, and expenses incurred in making repairs that have​ been approved by the managers, only if there are sufficient funds available for payment in the watershed​ district treasury.​ History: 1990 c 391 art 4 s 73; 1995 c 199 s 60​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103D.925​MINNESOTA STATUTES 2018​55​