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The Members further understand and agree that the Commission in reviewing, ordering, <br />or authorizing these projects will use the best management practices required to meet state and <br />federal statutes and regulations. The Commission will also consider the ability of the Members <br />to fund the enforcement of local controls and any ordered capital improvements. The <br />Commission shall incorporate financial review and anticipated sources of revenue as a part of the <br />overall management plan and as a part of local water management plans. <br />Subdivision 9. It may order any Member or Members to acquire, operate, construct or <br />maintain dams, dikes, reservoirs and appurtenant works or other improvements necessary to <br />implement the overall plan. <br />The Members further understand and agree that the Commission in reviewing, ordering, <br />or authorizing these projects will use the best management practices required to meet state and <br />federal statutes and regulations. The Commission will also consider the ability of the Members <br />to fund the enforcement of local controls and any ordered capital improvements. The <br />Commission shall incorporate financial review and anticipated sources of revenue as a part of the <br />overall management plan and as a part of local water management plans. <br />Subdivision 10. It shall regulate, conserve and control the use of storm and surface water <br />and groundwater within the Watershed necessary to implement the overall plan. <br />Subdivision 11. It shall contract for or purchase such insurance as the Board deems <br />necessary for the protection of the Commission. <br />Subdivision 12. It may establish and maintain devices for acquiring and recording <br />hydrological and water quality data within the Watershed. <br />Subdivision 13. It may enter upon lands, in a lawful manner, within or without the <br />Watershed to make surveys and investigations to accomplish the purposes of the Commission. <br />The Commission shall be liable for actual damages resulting therefrom but every person who <br />claims damages shall serve the Chair or Secretary of the Board with a Notice of Claim as <br />required by Minnesota Statutes, Section 466.05. <br />Subdivision 14. It shall provide any Member with technical data or any other <br />information of which the Commission has knowledge that will assist the Member in preparing <br />land use classifications or local water management plans within the Watershed. <br />Subdivision 15. It may provide legal and technical assistance in connection with <br />litigation or other proceedings between one or more of its Members and any other political <br />subdivision, commission, Board or agency relating to the planning or construction of facilities to <br />drain or pond storm waters or relating to water quality within the Watershed. The use of <br />Commission funds for litigation shall be only upon a favorable vote of a majority of the eligible <br />votes of the then existing Commissioners. <br />438695v3 LW105 -1 <br />7 <br />