1.1.................... moves to amend H.F. No. 162 as follows:
1.2Page 1, line 12, strike "county"
1.3Page 3, delete section 3 and insert:

1.4    "Sec. 3. Minnesota Statutes 2008, section 103E.401, subdivision 3, is amended to read:
1.5    Subd. 3. Petition. A person seeking authority to use an established drainage system
1.6as an outlet must petition the drainage authority. When the petition is filed, the drainage
1.7authority in consultation with the auditor shall set a time and location for a hearing on the
1.8petition and shall give notice by mail and notice by publication of the hearing. The auditor
1.9must be paid a fee of $5 plus 30 cents for each notice mailed in excess of ten the actual
1.10costs for the hearing notices by the petitioner."
1.11Page 4, delete section 7 and insert:

1.12    "Sec. 7. Minnesota Statutes 2008, section 103E.805, is amended to read:
1.13103E.805 REMOVAL OF PROPERTY FROM AND PARTIAL
1.14ABANDONMENT OF A DRAINAGE SYSTEM.
1.15    Subdivision 1. Petition. After the construction of a drainage system, the an owner
1.16of benefited property may petition the drainage authority to remove property from the
1.17drainage system or abandon any part of the drainage system that is not of public benefit
1.18and utility and does not serve a substantial useful purpose to property remaining in the
1.19system if:
1.20(1) waters are diverted from property assessed for benefits so that the drainage from
1.21the property does not use or affect the drainage system; or
1.22(2) a dam authorized by law is constructed in the drainage system so that the
1.23property above the dam cannot use or receive benefits from the drainage system.
1.24    Subd. 2. Filing. If the drainage system is under the jurisdiction of a county drainage
1.25authority, the petition must be filed with the auditor of the county. If the drainage system
1.26is under the jurisdiction of a joint county drainage authority, the petition must be filed with
2.1the county having the largest area of property in the drainage system, where the primary
2.2drainage system records are kept. If the system is under the jurisdiction of a watershed
2.3district, the petition must be filed with the secretary of the district.
2.4    Subd. 3. Hearing. (a) When the petition is filed, the drainage authority in
2.5consultation with the auditor or the secretary shall set a time and location for a hearing on
2.6the partial abandonment petition and shall give notice by publication of the hearing by
2.7mail to the owners of all property benefited by the drainage system and by publication to
2.8all other persons interested in the drainage system.
2.9(b) At the hearing, the drainage authority shall make findings and shall direct, by
2.10order, that the petitioners' property be removed from the drainage system if the drainage
2.11authority determines:
2.12(1) that the waters from the petitioners' property have been diverted from the
2.13drainage system, or that a dam has been lawfully constructed and the property cannot
2.14significantly or regularly use the drainage system;
2.15(2) that the property is not benefited by the drainage system and does not use or
2.16affect the drainage system; and
2.17(3) that removing the property from the drainage system will not prejudice the
2.18property owners and property remaining in the system.
2.19(c) The drainage authority shall make findings and direct, by order, that part of
2.20the drainage system be abandoned if the drainage authority determines that part of the
2.21drainage system does not serve a substantial useful purpose to any property remaining in
2.22the system and is not of a substantial public benefit and utility.
2.23    Subd. 4. Effect of removing property from drainage system. The property that
2.24has been removed from the drainage system is not affected by the drainage system at any
2.25later proceeding for the repair or improvement of the drainage system and a drainage lien
2.26or assessment for repairs or improvements may not be made against the property that has
2.27been removed on or after the date of the order.
2.28    Subd. 5. Liens and assessments on property removed or abandoned from a
2.29drainage system. An order under this section does not release the property from a
2.30drainage lien filed on account of the drainage system before the date of the order. An
2.31order under this section does not release the property from any assessment or a drainage
2.32lien filed on or after the date of the order for costs incurred on account of the drainage
2.33system before the date of the order."
2.34Page 5, delete sections 8 and 9
2.35Renumber the sections in sequence and correct the internal references
2.36Amend the title accordingly