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3. Consideration of VLAWMO petition on a smaller boundary area (omitting Lino <br />Lakes) and then continuing in it present course. <br />BWSR does not approve changes to WMO boundaries. We are limited to a review and <br />comment role. BWSR does set watershed district boundaries, however. Some of the <br />confusion in this answer may arise from the mistaken assumption that the term <br />"watershed district" includes watershed management organizations. It does not. <br />We describe this scenario as being "possible" on purpose. We believe the term <br />"probable" is overstating the likelihood that our 17- member board would automatically <br />vote to annex the Lino Lakes area into the Rice Creek Watershed District, for example. <br />The Board has historically been cautious about having a political border deviate <br />significantly from the hydrologic border in order to maintain the nexus between the use <br />of ad- valorem financing and water contributions. <br />4. How could the WMO obtain direct levy authority? <br />It is clear that the legislative intent was for MS 103B WMOs to have direct levy <br />authority. Subsequent decisions to bar use of the authority rest upon the absence of such <br />entities being explicitly listed as a special taxing district in MS 275.066. Several WMOs <br />have had special legislation passed in order to be listed in Chapter 275. <br />5. Would it be necessary for the JPA to explicitly grant the WMO the power to <br />• utilize direct levy authority? <br />The current JPA for the watershed does not include any clause that would lead us to <br />believe that the WMO Commissioners would have the power to directly levy for <br />administrative purposes without an amendment to the JPA. The current JPA for the <br />VLAWMO does address the power for the WMO to order projects contained in its <br />approved watershed plan and have them paid for either by the members or through the <br />appropriate county. Interpreted narrowly, we would not construe this power to be <br />indicative of the direct levy authority that a WMO board wants for administrative <br />purposes. <br />6. Are the JPA members required to provide their proportional allocation of the <br />budget that the city or township representatives to the WMO approve? <br />Yes, once the members have had a chance to comment on the proposed budget and a <br />majority of the Commissioners approve a final budget. Section IV, subd. 8 addresses <br />administrative funds. Section 4, subdivisions 4B and 10 address payment for <br />improvement items (i.e. non administrative) initiated pursuant to the approved watershed <br />plan. Another subdivision stipulates that the plan will be complied with by the members <br />unless arbitration is petitioned for. <br />• <br />