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S.F. No. 113 - Drainage Law Changes (First Engrossment)
 
Author: Senator Dan Sparks
 
Prepared By:
 
Date: February 12, 2013



 

SF 113 contains consensus recommendations of the Drainage Workgroup that is established under Minnesota Statutes, section 103B.101, subdivision 13.  Generally, the recommended changes:

  • clarify definitions and update language;
  • provide for a clear process for reestablishment of drainage system records that are lost, destroyed, or incomplete;
  • clarify requirements for a watershed district to provide necessary filing and storage facilities to protect drainage system files and records when it serves as the drainage authority;
  • clarify transfer of drainage system records between a county and a watershed district when drainage authority is transferred;
  • clarify authority for wetland and water quality improvement elements in projects implemented; and
  • enable a multistage ditch cross-section for petitioned repairs, and technical corrections related to petitioned repairs.

Section 1 [Board definition] clarifies that the term “board” includes other entities that may be drainage authorities.

Section 2 [Director definition] updates the term “director” to reflect the current title in the Department of Natural Resources.

Section 3 [Secretary definition] adds a definition for “secretary” of a watershed district to clarify when that term is used in the drainage law.

Section 4 [Record requirements] updates drainage record requirements to current practice that may include electronic records.

Section 5 [Index of proceeding and records] makes technical changes to and updates record keeping requirements.

Section 6 [Engineer’s documents] makes a technical change to reflect that the records may be kept by the secretary of a watershed district.

Section 7 [Reestablishment of drainage system records] provides authority to reestablish drainage system records that are lost, destroyed, or incomplete.  Drainage law currently does not define authority and due process to otherwise reestablish drainage system records.  This change provides clarity of authority, methods and due process, including notification of the DNR and BWSR when drainage system records are to be reestablished.

Section 8 [Filing and storage facilities] clarifies that filing and storage facility requirements apply to watershed districts.

Section 9 [Transfer of drainage system records] directs the county board or joint county board to transfer original records to the watershed district when a drainage system is transferred to a watershed district. Until the watershed district has the necessary facilities to protect the records or when the entire drainage system has not been transferred, authenticated physical or electronic copies may be used in place of the original records.

Section 10 [Petition; impounding, rerouting, and diverting drainage system waters] allows wetland and water quality enhancements to be part of a petition for impounding, rerouting, or diverting drainage system waters.

Section 11 [Technical] relates to the name change for the “director.”

Section 12 [Repair definition] allows for the replacement of hydraulic capacity rather than original condition in a “repair” of a drainage system and clarifies language.

Section 13 [Repair; water quality protection and improvement] allows measures to protect and improve water quality as part of a repair of a drainage system.

Section 14 [Repair by petition; incorporating multistage ditch cross-section] allows the use of a multistage ditch cross-section for a petitioned repair, such as where perennial low flow has created a relatively stable 2-stage ditch.  This section also makes technical corrections to viewer requirements.

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