Subdivision 1. Public records. All maps, plats, charts, drawings, plans, specifications, and other documents that have been filed, received in evidence, or used in connection with a drainage proceeding or construction are subject to the provisions on public records in section 15.17.
Subd. 2. Record requirements. All maps, plats, profiles, plans, and specifications prepared and used in relation to a proceeding must:
(1) be uniform;
(2) have each sheet marked to identify the proceeding by the drainage project and system number;
(3) show the name of the person preparing the sheet;
(4) show the date the sheet was prepared; and
(5) conform to rules and standards prescribed by the director.
Subd. 3. Index of proceedings and records. The auditor or secretary shall keep all orders, exhibits, maps, charts, profiles, plats, plans, specifications, and records of the proceedings. These records may not be removed except when the board makes a written order to remove them. The auditor or secretary shall keep an accurate index of the proceedings and related documents in a readily usable, resilient, and secure manner.
Subd. 4. Engineer's documents. All original plats, profiles, records, and field books made by the engineer during the proceedings or the construction of a drainage project are public records and the property of the drainage authority. These public records must be filed with the auditor or secretary under the direction of the drainage authority when construction is completed or when the engineer stops acting for the drainage project, whichever is earlier.
Subd. 4a. Reestablishing records. (a) If, after thorough investigation of drainage system records, a drainage authority finds that records establishing the alignment, cross section, profile, or right-of-way of a drainage system that it administers are lost, destroyed, or otherwise incomplete, it may, by order, reestablish records defining the alignment; cross section; profile; hydraulic structure locations, materials, dimensions, and elevations; or right-of-way of the drainage system as originally constructed or subsequently improved in accordance with this chapter. The procedure for reestablishing drainage system records must involve, at a minimum, investigation and a report of findings by a professional engineer licensed in Minnesota supported by existing records and evidence, including, but not limited to, applicable aerial photographs, soil borings or test pits, culvert dimensions and invert elevations, and bridge design records. The existing and reestablished records together must define the alignment; cross section; profile; hydraulic structure locations, materials, dimensions, and elevations; and right-of-way of the drainage system. Drainage system records reestablished under this subdivision do not interrupt prescriptive occupation.
(b) The description of a drainage system under this subdivision may be initiated by the drainage authority on its own motion or by any party affected by the drainage system filing a petition. If the system is under the jurisdiction of a county board, the petition must be filed with the auditor. If the system is under the jurisdiction of a joint county drainage authority, the petition must be filed with the auditor of the county with the largest area of property in the drainage system. If the system is under the jurisdiction of a watershed district board, the petition must be filed with the secretary.
(c) When a drainage authority directs by resolution or when a petition is filed under this subdivision, the drainage authority, in consultation with the auditor or secretary, shall set a time and location for a hearing after the engineer's report is complete. The auditor or secretary shall give notice of the hearing by mail to the commissioner of natural resources, the executive director of the Board of Water and Soil Resources, the petitioner or petitioners, and all property owners benefited or damaged by the drainage system and shall give notice to other interested parties either in a newspaper of general circulation in the drainage system area or by publication on a website of the drainage authority.
(d) Drainage system records reestablished under this subdivision constitute official drainage system records. A finding of drainage system right-of-way in the applicable order is a defense to a trespass claim and shall be given due weight in any subsequent court proceeding to establish the existence or nature of a property encumbrance.
Subd. 5. Filing and storage facilities. County boards shall provide the auditor, and watershed district boards shall provide the secretary, with necessary filing and storage facilities to protect the files and records of all proceedings under its jurisdiction. The county boards and watershed district boards may provide for the copying and filing of the documents and records of proceedings by photographic devices as provided for public records under section 15.17. In the event of loss of the originals, the photographic copies are originals after authentication by the auditor or secretary.
Subd. 5a. Transferring records. (a) When a watershed district assumes authority for a drainage system according to section 103D.625, the county or joint county board transferring authority shall transfer all of the original records for the drainage system to the watershed district, except as provided in paragraph (b).
(b) Physical or electronic copies of drainage system records that are authenticated by the county auditor having the original records may be used in place of the originals by the watershed district until the watershed district has necessary records storage facilities to protect the original records or, in the case of a partial transfer of a drainage system, until the entire drainage system is transferred to the watershed district.
Subd. 6. Records; prima facie evidence. The record of proceedings under this chapter and of orders made by the drainage authority or the district court in the proceedings, or a certified copy of a record or order, is prima facie evidence of the facts stated in the record or order and of the regularity of all proceedings prior to the making of the order.
1990 c 391 art 5 s 22; 2013 c 4 s 4-9
Structure Minnesota Statutes
Section 103E.005 — Definitions.
Section 103E.011 — Drainage Authority Powers.
Section 103E.015 — Considerations Before Drainage Work Is Done.
Section 103E.021 — Planting Ditches With Perennial Vegetation.
Section 103E.031 — Connection With Drains In Adjoining States.
Section 103E.035 — Defective Notice.
Section 103E.041 — Personal Service In Lieu Of Other Methods Of Notice.
Section 103E.043 — Informal Meetings.
Section 103E.045 — Failure To Attend Hearings; Drainage Authority.
Section 103E.051 — Defective Proceedings.
Section 103E.055 — Reimbursing Cost Of Former Surveys When Used Later.
Section 103E.061 — Right Of Entry.
Section 103E.065 — Drainage Inspectors.
Section 103E.067 — Ditch Buffer Strip; Annual Reporting.
Section 103E.071 — County Attorney.
Section 103E.075 — Obstructing Drainage System.
Section 103E.081 — Crimes Related To Drainage Systems; Penalties.
Section 103E.085 — Enforcement.
Section 103E.095 — Appeal From Orders Dismissing Or Establishing Drainage Systems.
Section 103E.097 — Attorney Fees On Appeal.
Section 103E.101 — Drainage Proceeding And Construction Records.
Section 103E.105 — Advice About Drainage Questions.
Section 103E.111 — Field Surveys And Investigations By Director.
Section 103E.115 — Hydrological And Drainage Information.
Section 103E.121 — Drain Tile; Manufacturing Studies.
Section 103E.212 — New Drainage System Projects.
Section 103E.215 — Improving Drainage Systems.
Section 103E.221 — Improving Outlets.
Section 103E.227 — Impounding, Rerouting, And Diverting Drainage System Waters.
Section 103E.231 — Dismissing Or Delaying Proceedings; Petitioners.
Section 103E.235 — Drainage System In Two Or More Counties.
Section 103E.238 — County Attorney Review Of Petition And Bond.
Section 103E.245 — Preliminary Survey And Preliminary Survey Report.
Section 103E.251 — Filing Preliminary Survey Report.
Section 103E.255 — Commissioner's Preliminary Advisory Report.
Section 103E.261 — Preliminary Hearing.
Section 103E.265 — Order For Detailed Survey And Survey Report.
Section 103E.271 — Detailed Survey.
Section 103E.275 — Engineer's Variance From Drainage Authority Order.
Section 103E.281 — Soil Survey.
Section 103E.285 — Detailed Survey Report.
Section 103E.291 — Filing Detailed Survey Report.
Section 103E.295 — Revising Engineer's Detailed Survey Report After Acceptance.
Section 103E.301 — Commissioner's Final Advisory Report.
Section 103E.305 — Viewers' Appointment And Qualification.
Section 103E.311 — Viewer Duties.
Section 103E.315 — Assessing Drainage Benefits And Damages.
Section 103E.321 — Viewers' Report.
Section 103E.323 — Property Owners' Report.
Section 103E.325 — Final Hearing Notice.
Section 103E.331 — Jurisdiction Of Property By Drainage Authority.
Section 103E.335 — Proceedings At Final Hearing.
Section 103E.341 — Drainage Authority Final Order.
Section 103E.345 — Apportioning Cost For Joint County Drainage Systems.
Section 103E.351 — Redetermining Benefits And Damages.
Section 103E.401 — Use Of Drainage System As Outlet.
Section 103E.405 — Outlets In Adjoining States.
Section 103E.411 — Drainage System As Outlet For Municipality.
Section 103E.501 — Contract And Bond.
Section 103E.505 — Awarding Construction Contract.
Section 103E.511 — Contract Not Awarded; Excessive Bids Or Costs.
Section 103E.515 — Damages; Payment.
Section 103E.521 — Construction Supervision.
Section 103E.525 — Constructing And Maintaining Bridges And Culverts.
Section 103E.526 — Constructing Road Instead Of Bridge Or Culvert.
Section 103E.53 — Rules To Standardize Forms.
Section 103E.531 — Inspecting Drainage Construction; Partial Payments.
Section 103E.535 — Partial Payment Of Retained Contract Amounts.
Section 103E.541 — Extending Time On Contracts.
Section 103E.545 — Reducing Contractor's Bond.
Section 103E.551 — Contractor Default.
Section 103E.555 — Accepting Contract.
Section 103E.601 — Drainage Lien Statement.
Section 103E.605 — Effect Of Filed Drainage Lien.
Section 103E.611 — Paying Drainage Liens And Interest.
Section 103E.615 — Enforcing Assessments.
Section 103E.621 — Satisfying Liens.
Section 103E.625 — Subdivision By Platting; Liens Apportioned.
Section 103E.631 — Apportioning Liens.
Section 103E.635 — Drainage Bond Issues.
Section 103E.641 — Drainage Funding Bonds.
Section 103E.645 — Allowance And Payment Of Fees And Expenses.
Section 103E.651 — Drainage System Account.
Section 103E.655 — Paying Drainage System Costs.
Section 103E.661 — Examining And Establishing Drainage System Accounts; State Auditor.
Section 103E.705 — Repair Procedure.
Section 103E.711 — Cost Apportionment For Joint County Drainage Systems.
Section 103E.715 — Repair By Petition.
Section 103E.721 — Replacement And Hydraulic Capacity Of Bridges And Culverts.
Section 103E.725 — Cost Of Repair.
Section 103E.728 — Apportioning Repair Costs.
Section 103E.729 — Apportioning Repair Costs; Alternative Option.
Section 103E.731 — Assessment; Bonds.
Section 103E.735 — Drainage Systems; Repair Fund.
Section 103E.741 — Property Not Assessed Benefits; Hearing.
Section 103E.745 — Cost Of Repair Exceeding Benefits In Anoka County.
Section 103E.801 — Consolidating Or Dividing Drainage Systems.
Section 103E.805 — Removing Property From Drainage System.
Section 103E.806 — Partial Abandonment Of Drainage System.
Section 103E.811 — Abandoning Drainage System.
Section 103E.812 — Transfer Of All Or Part Of Drainage System.