What do Watersheds do?

Watershed Districts have been given broad authorities, including the authority to:

  • 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.

Joint Powers Watershed Management Organizations have the authority to:

  • Jointly or cooperatively manage or plan for the management of surface water in a watershed;

  • Prepare, adopt, and implement a plan for the watershed;

  • Review and approve local water management plans;

  • Regulate the use and development of land in the watershed;

  • Accept the transfer of drainage systems in the watershed, to repair, improve, and maintain the transferred drainage systems, and to construct all new drainage systems and improvements of existing drainage systems in the watershed;

  • Adopt a budget and decide on the total amount necessary to be raised from ad valorem tax levies to meet the budget;

  • Certify its budget with the auditor of each county having territory within the joint powers watershed management organization;

  • File approved assessment statements with each affected county; and

  • Other powers necessary to exercise authority, including the power to enter into contracts for the performance of functions with governmental units or persons.

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How to establish a Watershed District

The authority to create a watershed district is provided in M.S. Chapter 103D.205. To create a watershed district, an establishment petition needs to be filed with BWSR and signed by one or more of the groups designated under M.S. Chapter 103D.205, Subd. 3., which could be counties, cities, or residents. Specific information must be provided, and the number of managers proposed cannot be less than three or more than nine. The manager cannot be a public officer of the county, state, or federal government, except that a soil and water conservation supervisor may be a manager.

The director of the DNR, Division of Waters, must prepare a preliminary map and report and submit it to BWSR within thirty days after receipt of the petition (M.S. Chapter 103D.215). BWSR determines if there are the required number of petitioner signatures and provides a legal notice that a public hearing will be conducted (M.S. Chapter 103D.221). After considering public input, BWSR will approve or deny the petition. If BWSR approves the establishment of a watershed district, it will designate the watershed district’s boundaries, name, place of business, and first board of managers.

How to establish a Watershed Management Organization (WMO)

The authority to create a watershed management organization is provided in the Metropolitan Area Surface Water Management Act (M.S. Chapter 103B). Watershed management organizations are required in the seven-county metro area to develop and implement watershed management plans. Watershed management organizations are based on watershed boundaries. They can be organized in three ways:

·        As a joint power agreement between the cities and townships within the watershed;

·        As a watershed district operating concurrently under M.S. 103B and 103D; or

·        As a function of county government, usually administered by the county planning department.

Watershed management organizations are governed by a board appointed by the member municipalities and townships.

Fundamentals of Minnesota Watershed Law

Click this link to read more about the Fundamentals of Minnesota Watershed Law, which explains the legal framework, responsibilities, and processes that shape watershed management in Minnesota.

Explore Watershed Management

Click here to learn about watershed management in this video series created by the MN Board of Water and Soil Resources
Click here to learn about Who’s Who in Minnesota Water video series created by the MN Board of Water and Soil Resources

Click here to learn about the DNR work in public water applications

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