Subdivision 1. Transfer after lien payment period expires. After the period originally fixed or subsequently extended to pay the assessment of the drainage lien expires, all or part of a drainage system may be transferred from the jurisdiction of the drainage authority to a water management authority as provided in this section.
Subd. 2. Petitioners. (a) For drainage systems outside of the seven-county metropolitan area, and outside of the municipal boundaries of a statutory or home rule charter city, a petition must be signed by at least 51 percent of the owners of property assessed for the construction of the drainage system, or portion of the drainage system proposed to be transferred, or by the owners of not less than 51 percent of the area of the property assessed for the drainage system, or portion of the drainage system sought to be transferred. The water management authority to which the drainage system is to be transferred must join the petition.
(b) For drainage systems wholly or partially within the municipal boundaries of a statutory or home rule charter city, the city may petition for transfer if the drainage system or portion of the drainage system proposed to be transferred lies within the boundaries of the city. The water management authority to which the drainage system is to be transferred must join the petition.
(c) For drainage systems within the seven-county metropolitan area and within the jurisdictional boundaries of an existing water management authority, the water management authority may petition for transfer if the drainage system or portion of the drainage system proposed to be transferred lies within the boundaries of the water management authority.
(d) For the purpose of the petition, the county is the resident owner of all tax-forfeited property held by the state, under chapter 282, and assessed benefits for the drainage system, and the board may execute the petition for the county as an owner. This paragraph does not apply to lands acquired by the state under chapter 84A.
Subd. 3. Petition. (a) The petition must designate the drainage system, or portion thereof, proposed to be transferred and show that the transfer is necessary for the orderly management of storm, surface, or floodwaters, including management for water quality purposes.
(b) The petition must indicate the impact, if any, that the transfer will have on properties utilizing the drainage system for an outlet or otherwise benefiting from the existence of the drainage system.
(c) The petition must include an engineering report, prepared by the transferee water management authority, establishing, for the record, the nature and extent of the drainage easement occupied by the drainage system, and the as-constructed, or subsequently improved, depth, grade, and hydraulic capacity of the drainage system.
Subd. 4. Filing petition; jurisdiction. (a) If the drainage system is administered by a county or joint county drainage authority and if all property assessed for benefits in the drainage system is in one county, the petition must be filed with the auditor unless the petition is signed by the board, in which case the petition must be made to the district court of the county where the drainage system is located and filed with the court administrator. If the board, acting as the drainage authority, is also the petitioning water management authority, the petition must be made to the district court of the county where the drainage system is located and filed with the court administrator. If property assessed for benefits is in two or more counties, the petition must be filed with the auditor or court administrator of either (1) the county where the portion of the drainage system sought to be transferred exists; (2) the county not petitioning for the transfer; or (3) the county where the majority of the drainage system sought to be transferred exists.
(b) If the drainage system is administered by the board of managers of a watershed district, the petition must be filed with the secretary of the watershed district. If the watershed district is also the petitioning water management authority, the petition must be filed with the court administrator consistent with the criteria in paragraph (a), clauses (1) to (3).
(c) When the petition is filed, the drainage authority in consultation with the auditor or secretary, or the court administrator with the approval of the court, shall set a time and location for a hearing on the petition. The auditor, secretary, or court administrator shall give notice by mail and publication of the time and location of the transfer hearing to all persons interested. The notice shall include a description of the property owner's right to object under subdivision 5. The drainage authority or the district court where the petition is properly filed has jurisdiction of the petition.
Subd. 5. Transfer hearing. (a) At the hearing, the drainage authority or court shall examine the petition and determine whether it is sufficient and shall hear all interested parties.
(b) If a property owner assessed benefits for the drainage system appears and makes a written objection to the transfer of the drainage system, the drainage authority or court shall appoint a technical panel to examine the drainage system, the property, and the proposed transfer and report to the drainage authority or court. The hearing must be adjourned to make the examination and report and a date must be set to reconvene. The technical panel shall consist, at a minimum, of a representative of the drainage authority, a representative of the commissioner, a representative of the soil and water conservation district, a representative of the Board of Water and Soil Resources, and a viewer. The technical panel shall proceed to examine the drainage system, the property, and the property owner's objections to the proposed transfer of the system and report as soon as possible to the drainage authority or court with the merits of the objections. The technical panel shall also determine the extent to which the transfer of the drainage system will damage or take property. Nongovernment employee members of the technical panel must be compensated in the same manner as viewers under section 103E.645, subdivision 3.
(c) The Board of Water and Soil Resources and the commissioner, if requested by the drainage authority or court, shall provide any technical assistance, including engineering, surveys, hydrologic analyses, or water quality studies as requested by the drainage authority or court.
(d) When the hearing is reconvened, the drainage authority or court shall consider the technical panel's report and all evidence offered. If the drainage authority or court determines that storm, surface, or floodwaters along the drainage system or within the benefited area of the drainage system, could be better managed by a water management authority, it shall authorize the transfer of the drainage system.
Subd. 6. Costs related to transfer proceedings. Costs, including engineering and attorney's fees, related to the proceedings to transfer a drainage system must be paid by the proposed transferee water management authority. If the drainage authority or court orders that the drainage authority should not be transferred, the drainage authority shall reimburse the water management authority from the drainage system account for the reasonable value of engineering work conducted as part of the transfer proceedings.
Subd. 7. Guarantee of outlet; no compromise of existing rights. (a) Any proceeding to transfer all or part of a drainage system to a water management authority must guarantee that all rights to an outlet are preserved for property assessed for benefits on the transferred drainage system of at least equal hydraulic efficiency as the rights to an outlet that existed on the date of transfer.
(b) The transfer of a drainage system to a water management authority is not a compromise of any property right held by an owner of assessed property on the transferred drainage system.
(c) A water management authority shall compensate any owner of property assessed for benefits on the transferred drainage system for the loss or impairment of any drainage rights occurring after transfer of the drainage system.
Subd. 8. Effect of transfer. (a) Except as provided in this section, after transfer of a drainage system, or any part thereof, to a water management authority, the drainage system ceases to be subject to regulation under this chapter except that if only a portion of a drainage system is transferred, the water management authority may be assessed for improvements under section 103E.215 or repairs under sections 103E.701 to 103E.711 in the manner provided under sections 103E.315 and 103E.601 to 103E.615. The water management authority may manage water within its jurisdictional boundaries according to whatever law controls the function of the water management authority. The transferred drainage system shall become a work and a responsibility of the transferee water management authority. All responsibility of the drainage authority for the transferred drainage system ends.
(b) Activities conducted in the transferred drainage system must continue to be eligible for all exemptions and exceptions available for activities conducted in public drainage systems under sections 103G.2241 and 103G.245.
Subd. 9. Effect on other law. This section does not amend, supersede, or repeal any existing law providing for the transfer of a drainage system under this chapter, chapter 103D, or other law, but is supplementary to those laws.
2002 c 327 s 3
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.