Duluth Urban Watershed Advisory Committee

August 4, 2016

Vision:Our water resources and associated ecosystems become healthier and more resilient through public engagement and

local government collaboration.

Today’s Objectives

• Learn about the Wetlands Conservation Act

• Finalize strengths and weaknesses for all frameworks

Process for Developing Recommendations

1. Aug 4: Finalize strengths and weaknesses for all frameworks

– You will be provided: A list of all the potential benefits and weaknesses developed by the group, and responses to the questions that committee members had on each model

– As a group we will: Review all models presented; discuss remaining questions, and finalize these strengths and weaknesses

2. Sept/Oct: Develop draft recommendations for watershed management

– You will be provided: The finalized list of strengths and weaknesses

– As a group we will: Draft recommendations, based on the strengths and weaknesses; what models have support for pursuing? What drawbacks or pitfalls would have to be overcome?

– We’ll ask you to: help us organize community meetings

3. Oct/Nov: Individual Community Meetings: solicit feedback on draft

– We will work with you to arrange a meeting with the most appropriate committee in your community

– Goal: gather community feedback on the draft recommendations

4. November: Finalize recommendations; identify next steps

– We will: summarize and post notes from community meetings

– As a group, we will:

• strive to find consensus or “I can live with that” decisions

• Discuss next step opportunities, ideas for moving recommendations forward

• Watershed Restoration and Protection Strategies??

Process for Developing Recommendations

Future Meeting Tentative ScheduleMarch 2016 Voluntary Cooperation (RSPT, HTAC); NPDES Permits

April 2016 Joint Powers Model (Vermillion River, Miller Creek)

June 2 2016Final Management Framework Review: Toronto Model, Residual Designation Authority; discuss process for developing recommendations

Aug 4 2016 Finalize strengths and weaknesses for all frameworks

Sept/Oct 2016

Develop draft recommendations for watershed management

Oct/Nov 2016

Individual Community Meetings: solicit feedback on draft

November 2016

Finalize recommendations; Next steps; Watershed Restoration and Protection Strategies?

46 Watershed Districts in MNBruce Albright, Buffalo Red River Watershed District

Ray Bohn, MN Association of Watershed Districts

Matt Moore, South Washington County WD

Kevin Bigalke, Nine Mile Creek WD

Watershed Management Districts

• Watershed districts are local units of government that work to solve and prevent water-related problems. The boundaries of the districts follow those of a natural watershed.

• Each watershed district is governed by a board of managers appointed by the county boards of commissioners with land in the watershed district. Each watershed district is also required to have a citizen advisory committee to provide input to the managers on projects and activities. Many watershed districts have paid, full-time staff; others rely on contract employees, primarily for engineering and legal services.

Source: Board of Water and Soil Resources

Watershed District Authorities

• Adopt rules with the power of law to regulate, conserve, and control the use of water resources within the district.

• Contract with units of government and private and public corporations to carry out water resource management projects.

• Hire staff and contract with consultants.

• Assess properties for benefits received and levy taxes to finance district administration.

• Accept grant funds, both public and private, and encumber debt.

• Acquire property needed for projects.

• Acquire, construct, and operate drainage systems, dams, dikes, reservoirs, and water supply systems.

• Enter upon lands within and without the district to make surveys and conduct investigations

Source: Board of Water and Soil Resources

Watershed District QuestionsWhat is the process for setting up a Watershed District?

• An establishment petition must be filed with BWSR, stating:

• The name, description of the property, and map

• The necessity for the watershed district and the contemplated improvements within the watershed district;

• The reasons why the WD and the improvements would be conducive to public health and public welfare, or would accomplish any of the purposes in section 103D.201;

• The number of managers proposed (3-9); and a list of the nominees for manager positions

• 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.

https://www.revisor.mn.gov/statutes/?id=103D.205

http://www.bwsr.state.mn.us/planning/WD_establishment.pdf

Watershed District Questions• How will existing agencies/local units of government collaborate?

– Similar to now; some functions of communities taken over by WD

• How will the structure for longevity of the organization be determined?

– Can be terminated after 5 years by petition, signed by 25% of residents.

• How to be sure WD structure follows group goals and vision?

– Defining purposes in the establishment petition sets stage, but Board is independent, appointed by County Board

• Will taxing area be defined/assessed? Just within watershed, correct?

– Yes, just within watershed, as defined in petition. State law currently allows a district to establish an annual general fund of up to $250,000, but the tax levy cannot exceed 0.048% of the watershed’s taxable market value.

• Are there grants for initial set‐up costs?

– Not specifically

Watershed District Questions

• Is this new $ raised or existing $ distributed differently

– New

• How do you create structure to foster communication across communities?

– Citizen Advisory Committee (required) can help with this role. Board selection critical. Education and Outreach can be a (significant) component of WD efforts.

• How do special assessments work?

– Specific rules for determining properties that benefit from the work, in statute 103D. Assessment on property through County Auditor• https://www.revisor.mn.gov/statutes/?id=103D

• Are there new rules for Watershed Districts that we will need to follow?

– Minor changes during last legislative session that affected WD’s, but nothing significant

Joint Powers

“A Joint Powers Agreement (JPA) is a formal, legal agreement between two or more public agencies that share a common power and want to jointly implement programs, build facilities or deliver services” (calafco.org)

JPA: Joint Powers Agreement

JPO: Joint Powers Organization

JPB: Joint Powers Board

Joint Powers Agreement (JPA)

• JPA sets the stage for the Organization or Board

• JPA identifies the authorities of the JPO or JPB

• Each JPA is unique in its language – no set standard

• Minnesota Statute 471.59 lists out JPA guidelines

• JPA allows one entity to use the services of other entities signed on the JPA

Vermillion River Watershed JPO

• Metropolitan Surface Water Management Act required a WD or JPO

• Scott & Dakota Counties– VRWJPO has the authority and resources of both

counties

– Watershed Management Plan guides work

– Majority of “on the ground” work by SWCDs

• Local Communities– Individual Comprehensive Plans meet or exceed

JPO

VRWJPO Structure

• 3.5% in Scott; 96.5% in Dakota

• Board meets monthly

– 1 Scott; 2 Dakota

• Advisory Group meets monthly

– 1 Scott; 8 Dakota

– Voluntary; Watershed Planning

• Technical Advisory Group meets quarterly

– Voluntary; Open to all

Advice from Mark & Dave on Joint Powers:

• Vision Statement = Watershed’s Future

• May not agree = okay!

• Planning & Coordination = Primary

• Regulatory Power = Secondary

• R-E-S-P-E-C-T

WD vs. JPO

• JPOs do not have taxing authority

– UNLESS JPA grants this authority

• JPO governance is appointed by members signed on JPA

• WD governance is appointed by county boards of commissioners

• WDs also required to have citizen advisory committee

WD vs. JPO Con’t

• WDs are formed by petitioning BWSR

– Authorities granted by BWSR based on watershed management plant

• WDs are represented by the Minnesota Association of Watershed Districts

– Provide administrative and lobbying services

• JPOs are “free-standing” and formed through a JPA

– JPA defines authorities; watershed management plan recommended to guide actions and funding needs

Voluntary Cooperation

Voluntary Cooperation

Voluntary Cooperation

• No regulatory framework; up to communities/participating agencies to determine structure and function

• Memorandum of Understanding

• No formal funding mechanism

• No requirement to participate/engage

• Potential to organize quickly; involve all relevant stakeholders

Voluntary Cooperation Questions

• How do all stakeholders remain engaged? – No forcing them. Perceived benefits

• What is a “Formal Structure” in a Voluntary Cooperation model?– MOU may be used; up to organization to set the structure. RSPT vs HTAC

• How do you make decisions when no one has an authoritative role?– Structure would determine decisionmaking process

• How do you fund it?– Voluntary contributions, grants, foundations

• How do you sustain it over the long-term, as the job is never truly complete?– A question every organizations asks…

Voluntary Cooperation Questions• Would each sub-group have a representative in the larger organization?

– Up to the organization. Typically subgroups are made of members of larger organization or their delegates. Others can be brought in as needed for expertise, experience

• What sub-groups would this particular organization have which most benefit local stream management?

• Who and how would we collect dues?– Your community/Agency would have to agree; organization to act as treasury

• How do you find the necessary inspirational leadership needed to make this model a success?

• How is a voluntary cooperation organization structured, particularly how is ‘volunteerism’ defined?– 1. Organizations/communities participate of their own free-will; staff members may be

paid for their time

– 2. Individuals volunteer their time to the organization

Vision Statement:

Our water resources and associated ecosystems become healthier and more resilient through public engagement and

local government collaboration.