Askov American. [volume] (Askov, Pine County, Minn.) 1914-current, 1937-05-06

| oiOiiCi oIldll ScG d udy LUZ pUUliC
hearing upon said application. The
applicant shall give notice to the
public of such application and
hearing, either in the manner pre-
scribed by the commissioner, or by
publication once in each week for
two successive weeks prior to said
hearing in legal newspaper pub
hshed within the county within
which part or all of the proposed
appropriation or use, or construc-
ton, reconstruction, removal or
abandonment is located; provided,
nothing in this Act shall apply to
ordinary or usual repairs or re-
placements or any necessary emer-
gency repairs or requirements. The
county commissioners of each such
county, the mayor or chief execu-
tive officials of each such city and
the proper officials or any inter-
eSted agency of the state, or polit-
ical subdivision thereof, designated
by the commissioner, shall also be
notified by the applicant by mail
and satisfactory evidence of such
notices filed with the commissioner.
The published notice Of such appli-
cation shall recite the date, place
and time fixed by the commissioner
for the public hearing on said ap-
plication. At such public hearing,
the applicant and all other affected
| persons or corporations, municipal
or private, shall be given an OPP
portunity to be heard for or against
the granting of said application.
Section 8. Before acting on any
application the commissioner shall
weigh all of the evidence offered
in behalf of and in opposition to
| the action prayed for in the ap-
plication and if he deems it neces-
Sary shall make appropriate in
vestigationS of his own. If the
commissioner shall be Of the opin-
ion from all Of the evidence sub
mitted that, in pursuance Of the
policy Of the state for the conSer-
walton Of its water resources in
the general public interest as here
in declared, that the plans of the
applicant provide for the greatest
practicable utilization of the waters
Of the state and will adequately
protect public safety and will pro-
mote the general public welfare he
shall grant the permit to appro-
pirate or to use the waters, or to
construct, reconstruct or remove or
abandon the proposed reservoir,
dam, or waterway obstruction, or
to accomplish any combination Of
these objects. But If the commits
Sioner is Of the opinion, from the
evidence before him, that the pro-
posed appropriation or use of state
waters or that the proposed con-
Struction is inadequate, wasteful,
dangerous, impracticable, or will be
detrimental to the best public in
terest, the commissioner may re-
ject such application or he may
order such notifications of the
proposed plans as he deems suf-
ficient to protect the public welfare
and safety. In granting a permit
authorizing the use or appropria-
ton Of water, or the construction
or alteration or the removal or
abandonment Of any reservoir, dam
or waterway obstruction, the COM
missioner may include in said per-
NIT such reasonable conditions,
terms and reservations with respect
to the character, amount, means
and manner Of such use or appro-
priation of water or method Of
construction reasonably necessary
to preserve the proper control in
the state Of the waters to be af-
fected and to insure the safety
and welfare Of the people Of the
state 1t shall be unlawful to con-
struct or begin construction, or to
make or begin any change or addi-
ton, or reconstruct, abandon or re-
move any reservoir, dam or water
way obstruction, except in accord
ance with the terms, conditions,
regulations and restrictions of
written permit or permits first OBJ
tanned therefor from the commits
sioner, and such rules and regula-
tions, with regard to said construc-
ton, changes, or additions as may
be prescribed by the commissioner.
The commissioner may determine
and specify in each permit granted
for the construction of dam or
other water works what provisions,
if any, should be made for the
passage of fish, low water flows
and flood water discharges and
that the elevation of the control
sill of said dams shall at no time
be lower than the elevation of the
natural outlet in the state Of ma
ture. The commissioner shall ap-
prove, modify or disapprove appi-
cations within sixty days after
filing Of application or within sixty
days after date of hearing if any
be deemed necessary.
Section 9. Upon complaint, or
upon his own initiative, the COM
missioner shall have power to cause
an investigation or examination to
be made of any reservoir, dam. or
waterway obstruction now existing
or hereafter constructed. If the
commissioner shall determine that
such reservoir, dam or waterway
obstruction is unsafe or needs re-
pair, the commissioner shall, in
writing, notify the owner or owners
thereof to repair or remove the
same, as the exigencies Of the case
may require; such work to be COM
menced and prosecuted to compile
ton within such reasonable time as
may be prescribed in such notice
by the commissioner.
Section 10. The commissioner
shall prescribe time limit Of not
more than two years from the
granting Of any permits within
which the construction, or recon-