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06/03/2005 14:52 FAX 651 735 6746 LAW OFFICES 141 015 each member on the basis of the total area of each member within the boundaries of the watershed each year to the total area in the Lower St. Croix V c111c.y Watershed governed by this agreement. (c) Capital costs allocated under the 50% area-50% net tax. capacity fomlUla herein set forth may be varied by the Commission by a 2/3 vote of all eligible members if: (1) any member community receives a direct benefit from the capital improvement which benefit can be defined as a lateral as well as a . trunk benefit, or (2) the capital improvement provides a direct benefit to one or more members which benefit is so disproportionate as to require in a sense of fairness a modification in the 50/50 formula. (d) Credits to any member for lands acquired by said member to pond or store storm and surface water shall be allowed against costs set forth in Subsections I or 2 of this Subdivision and if the project is constructed and financed pursuant to Minnesota Statutes 1 03B.25l, the members understand and agree that said costs will be levied on all taxable property in the watershed district as set forth in the statute. The Organization may participate in the funding of capital improvements using special assessments to benefitted properties, levies for one or more taxing districts andlor fees based on contributing waters only to the degree of specificity defined in the capital improvement program of the Water Management Plan. Subdivision 6. Review and Recommendations. TlIe Board shall review and make 14