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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) 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 />