S.F. _____ Section 1. NEW SECTION . 28P.1 Definitions. 1 As used in this chapter, unless the context otherwise 2 requires: 3 1. “Authority” means a watershed management authority 4 created pursuant to a chapter 28E agreement as provided in this 5 chapter. 6 2. “Board” means a board of directors of a watershed 7 management authority. 8 3. “Political subdivision” means cities, counties, and soil 9 and water conservation districts. 10 Sec. 2. NEW SECTION . 28P.2 Watershed management authorities 11 created. 12 1. One or more political subdivisions may create, by chapter 13 28E agreement, a watershed management authority pursuant to 14 this chapter. The participating political subdivisions must be 15 located in the same United States geological survey hydrologic 16 unit code 8 watershed. 17 2. The chapter 28E agreement shall include a map showing the 18 area and boundaries of the authority. 19 3. A county or a soil and water conservation district may 20 participate in more than one authority created pursuant to this 21 chapter. 22 Sec. 3. NEW SECTION . 28P.3 Duties. 23 A watershed management authority shall perform all of the 24 following duties: 25 1. Assess the flood risks in the watershed. 26 2. Assess the water quality in the watershed. 27 3. Assess options for reducing flood risk and improving 28 water quality in the watershed. 29 4. Monitor federal flood risk planning and activities. 30 5. Educate residents of the watershed area regarding water 31 quality and flood risks. 32 6. Allocate moneys made available to the authority for 33 purposes of water quality and flood mitigation. 34 7. Make and enter into contracts and agreements and execute 35 -1- LSB 6191SC (5) 83 tm/sc 1/ 4

S.F. _____ all instruments necessary or incidental to the performance of 1 the duties of the authority. 2 8. Set rates for dues for participating cities and counties. 3 Dues shall be assessed on a proportional basis based on 4 population, land area, or both of the participating cities and 5 counties as determined by the authority. 6 Sec. 4. NEW SECTION . 28P.4 Board of directors. 7 1. An authority shall be governed by a board of directors. 8 Members of a board of directors of an authority shall be 9 divided among the political subdivisions comprising the 10 authority and shall be appointed by the respective political 11 subdivision’s elected legislative body. 12 2. Representation on a board and the number of directors 13 comprising a board shall be determined by agreement between 14 the political subdivisions comprising the authority. The 15 composition of the board regarding participating cities and 16 counties shall be based on the proportion of the population of 17 each participating city or county to the total population of 18 the participating cities and counties. Each participating soil 19 and water conservation district shall have one director on the 20 board. 21 3. The directors shall serve staggered terms of four years. 22 The initial board shall determine, by lot, the initial terms 23 to be shortened and lengthened, as necessary, to achieve 24 staggered terms. A person appointed to fill a vacancy shall be 25 appointed in the same manner as the original appointment for 26 the duration of the unexpired term. A director is eligible for 27 reappointment. 28 4. A board may provide procedures for the removal of a 29 director who fails to attend three consecutive regular meetings 30 of the board. If a director is so removed, a successor shall be 31 appointed for the duration of the unexpired term of the removed 32 director in the same manner as the original appointment. The 33 appointing body may at any time remove a director appointed by 34 it for misfeasance, nonfeasance, or malfeasance in office. 35 -2- LSB 6191SC (5) 83 tm/sc 2/ 4

S.F. _____ 5. A board shall adopt bylaws and shall elect one director 1 as chairperson and one director as vice chairperson, each for a 2 term of two years, and shall appoint a secretary who need not 3 be a director. 4 6. A majority of the membership to a board of directors 5 shall constitute a quorum for the purpose of holding a meeting 6 of the board. The affirmative vote of a majority of a quorum 7 shall be necessary for any action taken by an authority unless 8 the authority’s bylaws specify those particular actions of the 9 authority requiring a greater number of affirmative votes. A 10 vacancy in the membership of the board shall not impair the 11 rights of a quorum to exercise all the rights and perform all 12 the duties of the authority. 13 Sec. 5. NEW SECTION . 28P.5 Nonparticipation. 14 Notwithstanding any other contrary provisions, a city or 15 county in a United States geological survey hydrologic unit 16 code 8 watershed that does not participate in a watershed 17 management authority is not eligible to receive any financial 18 assistance from the state for water quality, watershed, 19 floodplain, or flood mitigation purposes. 20 Sec. 6. NEW SECTION . 28P.6 Activities coordination. 21 In all activities of a watershed management authority, the 22 authority shall coordinate and cooperate with the department 23 of natural resources, the department of agriculture and land 24 stewardship, and soil and water conservation districts. 25 EXPLANATION 26 This bill authorizes the creation of watershed management 27 authorities. 28 The bill allows one or more cities, counties, and soil and 29 water conservation districts to create a watershed management 30 authority. The participating cities, counties, and soil and 31 water conservation districts must be located in the same United 32 States geological survey hydrologic unit code 8 watershed. 33 A county or a soil and water conservation district may 34 participate in more than one authority. 35 -3- LSB 6191SC (5) 83 tm/sc 3/ 4

S.F. _____ The bill requires a watershed management authority to 1 assess the flood risks in the watershed, assess the water 2 quality in the watershed, assess options for reducing flood 3 risk and improving water quality in the watershed, monitor 4 federal flood risk planning and activities, educate the 5 residents of the watershed area regarding water quality and 6 flood risks, allocate moneys made available to the authority 7 for purposes of water quality and flood mitigation, make and 8 enter into contracts and agreements, and set rates for dues for 9 participating cities and counties. 10 The bill provides that a watershed management authority 11 shall be governed by a board of directors. 12 The bill provides that, notwithstanding any other contrary 13 provisions, a city or county in a United States geological 14 survey hydrologic unit code 8 watershed that does not 15 participate in a watershed management authority shall not be 16 eligible to receive any financial assistance from the state 17 for water quality, watershed, floodplain, or flood mitigation 18 purposes. 19 The bill provides that in all activities of a watershed 20 management authority, the authority shall coordinate and 21 cooperate with the department of natural resources, the 22 department of agriculture and land stewardship, and soil and 23 water conservation districts. 24 -4- LSB 6191SC (5) 83 tm/sc 4/ 4