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DRAFT <br />11-7-24 <br />(b) Powers Reserved. The Board shall not have any of the powers identified in this <br />paragraph. Expressly identifying specific powers reserved to the Members is not <br />intended to expand, by negative implication, the powers granted above to the <br />Board. <br />(1) Eminent Domain. The Commission does not have the power of eminent <br />domain. Any easements or other interests in land necessary to be acquired <br />for an Improvement Project shall be acquired as provided below. <br />(2) Real Property. The Commission shall not own any interest in real <br />property. All interests in lands shall be held in the name of the Member <br />wherein said lands are located. This provision does not prohibit the <br />Commission from acquiring a temporary interest in real estate as needed <br />to conduct studies, undertake a project, or to otherwise carry out its duties. <br />(3) <br />Bonding. The Commission does not have the power to issue certificates, <br />warrants, or bonds. <br />(4) Special Assessments. The Commission shall not have the power to levy a <br />special assessment upon any privately or publicly owned land. All such <br />assessments shall be levied by the Member wherein said lands are located. <br />It shall have the power to require any Member to contribute the costs <br />allocated or assessed according to the other provisions of this Agreement. <br />4.2 Collection or Diversion of Waters. Each Member agrees that it will not directly or <br />indirectly collect or divert any additional surface water to Lower Rum River, the <br />Mississippi River, or their tributaries without a permit from the Board. Permits maybe <br />granted by the Board for a Member to proceed with the construction or reconstruction of <br />improvements within the individual Members' boundaries and at its sole cost upon a <br />finding: <br />(a) That there is an adequate outlet; <br />(b) The construction is in conformance with the overall plan; and <br />(c) The construction will not adversely affect other Members of this Agreement. <br />4.3 Local Water Plans. <br />(a) Development. Each Member agrees to develop and maintain a Local Water Plan, <br />capital improvement program, and official controls as necessary to bring local <br />water management into conformance with the Watershed Management Plan. The <br />development and implementation of Local Water Plans shall conform with all <br />requirements of the Act, including Minn. Stat. § 103B.235 and Minn. R., part <br />8410.0160. In accordance with the Act, the Board shall approve or disapprove <br />each local plan or any parts of each plan. <br />11 <br />