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.
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.
1990 c 391 art 4 s 51; 1995 c 199 s 40,41
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.