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 petitions. Similar and duplicate establishment petitions for the same proposed watershed district may be filed and regarded as one establishment petition. All establishment petitions filed before the establishment hearing must be considered by the board as part of the original petition.
Subd. 6. Defective 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.
1990 c 391 art 4 s 7; 1995 c 199 s 2,3
Structure Minnesota Statutes
Chapter 103D — Watershed Districts
Section 103D.011 — Definitions.
Section 103D.501 — Construction And Administration.
Section 103D.505 — Reference To Other Drainage Laws.
Section 103D.511 — Certain Condemnation Provisions; Applicability.
Section 103D.515 — Preexisting And Improved Water Rights.
Section 103D.521 — Rights Assured Due Process Of Law.
Section 103D.525 — Proceedings After Faulty Notices.
Section 103D.531 — Continuance Of Hearings.
Section 103D.535 — Appellate Procedures And Review.
Section 103D.537 — Appeals Of Rules, Permit Decisions, And Orders.
Section 103D.539 — Informal Resolution Of Disputes.
Section 103D.541 — Appeal Of Court Order.
Section 103D.545 — Enforcement.
Section 103D.551 — Enforcing Rules And Orders.
Section 103D.101 — Board Of Water And Soil Resources.
Section 103D.105 — Board Hearings.
Section 103D.111 — Appeal Of Board Orders.
Section 103D.201 — Watershed District Purposes.
Section 103D.205 — Establishment Petition.
Section 103D.211 — Auditor's Certification Of Petitioners.
Section 103D.215 — Director's Report.
Section 103D.221 — Establishment Hearing; Notice.
Section 103D.225 — Hearing And Order To Establish.
Section 103D.231 — Dismissing Establishment Proceedings.
Section 103D.251 — Watershed District Boundary Changes.
Section 103D.255 — Withdrawing Territory.
Section 103D.261 — Proceedings To Enlarge Watershed District.
Section 103D.265 — Consolidating Districts.
Section 103D.271 — Procedure For Terminating Watershed District.
Section 103D.301 — Distribution Of Manager Positions.
Section 103D.305 — Increasing Number Of Managers.
Section 103D.311 — Appointing Managers.
Section 103D.321 — Principal Place Of Business.
Section 103D.331 — Advisory Committee.
Section 103D.335 — District And Managers' Powers.
Section 103D.337 — Technical Advisory Committees.
Section 103D.351 — Annual Report.
Section 103D.355 — Annual Audit.
Section 103D.401 — Watershed Management Plan.
Section 103D.405 — Revised Watershed Management Plan.
Section 103D.411 — Amendment Of Watershed Management Plan And Revised Watershed Management Plan.
Section 103D.601 — Project Initiated By Managers.
Section 103D.605 — Project Constructed With Government Aid Or As Part Of Plan.
Section 103D.611 — Construction By Government Agencies.
Section 103D.615 — Emergency Projects.
Section 103D.621 — Drainage Improvements.
Section 103D.625 — Drainage Systems In Watershed District.
Section 103D.631 — Maintaining Projects.
Section 103D.635 — Repairs And Improvements Exceeding Normal Maintenance.
Section 103D.641 — Work Without Bid.
Section 103D.701 — Project Initiation.
Section 103D.705 — Project Petition.
Section 103D.711 — Engineer's Report.
Section 103D.715 — Appraisers; Determining Benefits And Damages.
Section 103D.721 — Managers; Determining Benefits And Damages.
Section 103D.725 — Benefited Property; Determination.
Section 103D.729 — Water Management District.
Section 103D.730 — Stormwater Facilities.
Section 103D.731 — Appraisers' Report; Examination.
Section 103D.735 — Hearing On Petition And Reports.
Section 103D.741 — Final Hearing Notice.
Section 103D.745 — Final Hearing.
Section 103D.801 — Procedure When Contract Is Not Let.
Section 103D.805 — Filing Managers' Order Establishing Project.
Section 103D.811 — Bids For Construction.
Section 103D.815 — Controlling Contracts.
Section 103D.821 — Bridge Or Grade Removal; Passage Of Equipment.
Section 103D.901 — Assessments; Levies.
Section 103D.905 — Funds Of Watershed District.
Section 103D.921 — District Court To Create Preliminary Fund.