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

pie Of the state, 1t is hereby de-
clared to be the policy of the
state that, subject to existing rights
all waters in streams and lakes
wholly within the state and such
portions of all boundary streams
and lakes as lie within the state
whether meandered or nonmean-
dered which are navigable in fact
shall be public waters and that the
state, so far as practicable, shall
control the appropriation and use
of surface and underground waters
of the state. 1t is also declared to
be the policy of the state for the
purpose of promoting the public
safety and welfare, to control and
supervise so far as practicable, the
construction, reconstruction, repair
removal and abandonment Of dams
reservoirs and all other control
structures in any of the waters
of the state.
Section 2. For the purpose OF
enforcing the provisions of this act
the commissioner of conservation
of the State of Minnesota here
matter referred to as the commits
sioner, by and with the approval
Of the conservation commission,
shall be authorized and empowered
to cause to be made Investigations
into the extent, value, conserva-
ton and control, in the general
public interest, of the states water
resources, to receive and hear ap-
plicants for permits to use and ap-
propriate the surface and under
ground waters of the state; to con-
troll and supervise, so far as prac-
ticable, the construction, recon-
struction, repair, removal and
abandonment Of dams, reservoirs
and other control structures in any
of the waters of the state and to
make or cause to be made all sur
veys, maps, Investigations and
studies necessary to effectually
perform these functions and to do
such other acts as are specifically
provided in this act.
Section 3. The commissioner
shall devise and develop a general
water resources conservation pro-
gram for the state. This program
shall contemplate the proper con-
Servation, ALLEGATION and develop
ment of all of the waters, surface
and underground, Of the state for
the best interests Of all Of the
people Of Minnesota, and shall
guide the commissioner in the is
suing of permits for the use and
appropriation of the waters Of the
state and the construction, recon-
Struction, repair, removal or aban-
donment Of dams, reservoirs, and
other appurtenant structures as
hereinafter provided. The commits
sioner is hereby authorized and en-
powered to make, or cause to be
made, all such surveys, maps, in
veStigationS and studies of the wa
ter resources Of the state as he
may deem necessary to provide
him with sufficient information to
formulate a program, and to per-
form his duties under this act. He
is also authorized to cooperate with
any department, bureau or body of
the federal government, state
agency, county board, town board,
city or village council, private cor
poration or organization or in
dividual in carrying out the pro-
visions Of this act.
Section 4. From and after July
I, 1887, except as hereinafter pro-
vided, it shall be unlawful for the
state or any agency thereof, any
person or persons, partnership, as
ISOLATION, private or public corpora
ton, county, municipality, or other
political subdivision of the state,
to appropriate or use any waters
of the state, surface or under
ground, without the written con-
sent or permit of the commissioner,
previously obtained upon written
application therefor to the COM
missioner as hereinafter provided
Nothing in this section shall be
construed to apply to the use of
water for domestic purposes serv-
ing at any time less than 25 per-
sons, or to the use of water for
any purpose originating within the
geographical limits of any munic-
ipality; nor shall it apply to bene-
fetal uses in existence on July l,
1887 or interfere with or infringe
upon existing rights as provided
in Section II of this Act.
Section 5. From and after July
1, 1897 it shall be unlawful for
the state or any agency thereof,
any person or persons, partner
ship, association, private or public
corporation, county, municipality or
other political subdivision Of the
state, to construct, reconstruct, re-
move or abandon any reservoir,
dam or waterway obstruction; or
to make or construct, or permit
to be made or constructed, any
change therein or addition thereto;
or to make, or permit to be made,
any change in, addition to, remove
or abandon any existing dam, res
ervoir or waterway obstruction; or
in any manner other than in the
course of usual operation of dams
beneficially using water prior to
July l, 1887, to change or diminish
the course, current, or cross-sec-
ton Of any stream or body Of
water, wholly or partly within this
state, without a written permit
from the commissioner previously
upon. written application
on forms to be furnished by the
commissioner therefor to said COM
missioner as provided in Section 4
of this act. Nothing in this section
shall be construed to apply to any