piers109uk/MN-Statutes huggingface dataset:
103G.265 WATER SUPPLY; MANAGEMENT.
The commissioner shall develop and manage water resources to assure an adequate supply to meet long-range seasonal requirements for domestic, municipal, industrial, agricultural, fish and wildlife, recreational, power, navigation, and quality control purposes from waters of the state.
A water-use permit or a plan that requires a permit or the commissioner's approval, involving a diversion of waters of the state of more than 2,000,000 gallons per day average in a 30-day period, to a place outside of this state or from the basin of origin within this state may not be granted or approved until a determination is made by the commissioner that the water remaining in the basin of origin will be adequate to meet the basin's water resources needs during the specified life of the diversion project and, for groundwater, the diversion meets the applicable standards under section 103G.287, subdivision 5.
[Repealed, 2013 c 114 art 4 s 108]
A water-use permit or a plan that requires a permit or the commissioner's approval, involving a consumptive use of more than 2,000,000 gallons per day average in a 30-day period, may not be granted or approved until a determination is made by the commissioner that the water remaining in the basin of origin will be adequate to meet the basin's water resources needs during the specified life of the consumptive use and, for groundwater, the consumptive use meets the applicable standards under section 103G.287, subdivision 5.
(a) A water-use permit or a plan that requires a permit or the commissioner's approval, involving a diversion or consumptive use of waters of the state from the Great Lakes water basin within this state where the diversion or consumptive use of waters would be more than 5,000,000 gallons per day average in a 30-day period, may not be granted or approved until:
(1) the commissioner has notified and solicited comments on the proposed diversion or consumptive use from the offices of the governors of the Great Lakes states and premiers of the Great Lakes provinces, the appropriate water management agencies of the Great Lakes states and provinces, and the international joint commission;
(2) the commissioner has considered the comments and concerns of the offices, agencies, and commission to which notice was given under clause (1); and
(3) the diversion or consumptive use has been approved by the legislature.
(b) If an objection is made to the proposed diversion or consumptive use by an office, agency, or commission to which notice was given under paragraph (a), clause (1), the commissioner must convene a meeting with the affected office, agency, or commission to investigate and consider the issues involved, and to seek a mutually agreeable solution to be recommended to the commissioner. In making a final decision on the approval of a permit or plan subject to review under this subdivision, the commissioner shall consider the record of the meeting and the recommendation. The commissioner must send notification of the final decision to each office, agency, or commission to which notice was given under paragraph (a), clause (1).
103I.715 CRIMINAL PENALTIES.
A person who violates a provision of this chapter is guilty of a misdemeanor.
A person is guilty of a gross misdemeanor who:
(1) willfully violates a provision of this chapter or order of the commissioner;
(2) engages in the business of drilling or making wells, sealing wells, installing pumps or pumping equipment, or constructing elevator borings without a license required by this chapter; or
(3) engages in the business of exploratory boring without an exploratory borer's license under this chapter.
A violation of this chapter shall be prosecuted by the county attorney in the county where the violation occurred or is occurring. The trial shall be held in that county.
103G.261 WATER ALLOCATION PRIORITIES.
(a) The commissioner shall adopt rules for allocation of waters based on the following priorities for the consumptive appropriation and use of water:
(1) first priority, domestic water supply, excluding industrial and commercial uses of municipal water supply, and use for power production that meets the contingency planning provisions of section 103G.285, subdivision 6;
(2) second priority, a use of water that involves consumption of less than 10,000 gallons of water per day;
(3) third priority, agricultural irrigation, and processing of agricultural products involving consumption in excess of 10,000 gallons per day;
(4) fourth priority, power production in excess of the use provided for in the contingency plan developed under section 103G.285, subdivision 6;
(5) fifth priority, uses, other than agricultural irrigation, processing of agricultural products, and power production, involving consumption in excess of 10,000 gallons per day; and
(6) sixth priority, nonessential uses.
(b) For the purposes of this section, "consumption" means water withdrawn from a supply that is lost for immediate further use in the area.
(c) Appropriation and use of surface water from streams during periods of flood flows and high water levels must be encouraged subject to consideration of the purposes for use, quantities to be used, and the number of persons appropriating water.
(d) Appropriation and use of surface water from lakes of less than 500 acres in surface area must be discouraged.
(e) The treatment and reuse of water for nonconsumptive uses shall be encouraged.
103G.251 INVESTIGATING ACTIVITIES AFFECTING WATERS OF THE STATE.
If the commissioner determines that an investigation is in the public interest, the commissioner may investigate and monitor activities being conducted with or without a permit that may affect waters of the state.
(a) With or without a public hearing, the commissioner may make findings and issue orders related to activities being conducted without a permit that affect waters of the state as otherwise authorized under this chapter.
(b) A copy of the findings and order must be served on the person to whom the order is issued.
(c) If the commissioner issues the findings and order without a hearing, the person to whom the order is issued may file a demand for a hearing with the commissioner. The demand for a hearing must be accompanied by the bond as provided in section 103G.311, subdivision 6, and the hearing must be held in the same manner and with the same requirements as a hearing held under section 103G.311, subdivision 5. The demand for a hearing and bond must be filed by 30 days after the person is served with a copy of the commissioner's order.
(d) The hearing must be conducted as a contested case hearing under chapter 14.
(e) If the person to whom the order is addressed does not demand a hearing or demands a hearing but fails to file the required bond:
(1) the commissioner's order becomes final at the end of 30 days after the person is served with the order; and
(2) the person may not appeal the order.
(f) An order of the commissioner may be recorded or filed by the commissioner in the office of the county recorder or registrar of titles, as appropriate, in the county where the real property is located as a deed restriction on the property that runs with the land and is binding on the owners, successors, and assigns until the conditions of the order are met or the order is rescinded.
103G.255 ALLOCATING AND CONTROLLING WATERS OF THE STATE.
The commissioner shall administer:
(1) the use, allocation, and control of waters of the state;
(2) the establishment, maintenance, and control of lake levels and water storage reservoirs; and
(3) the determination of the ordinary high-water level of waters of the state.
103G.27 WATER MANAGEMENT ACCOUNT.
The water management account is created in the natural resources fund in the state treasury. Revenues collected from permit application fees, water use fees, field inspection fees, penalties, and other receipts according to sections 103G.271 and 103G.301 shall be deposited in the account. Interest earned on money in the account accrues to the account.
Money in the water management account may be spent only for the costs associated with administering this chapter.
103G.275 INSTALLATION FOR WATER USE.
The owner of an installation for appropriating or using waters of the state may not increase the pumping capacity or make any major change in the installation without first applying in writing for, and obtaining, the written permit of the commissioner.
The owner or person in charge of an installation for appropriating or using waters of the state, whether or not under use permit, must file a water use data statement with the commissioner. The statement must be filed at the time the commissioner determines necessary for the statewide water information system. The water use data statement must be on forms provided by the commissioner and identify the installation's location, its capacity, the purposes for which it is used, and additional information required by the commissioner.
The commissioner may examine an installation that appropriates or uses surface water or groundwater. The owner of the installation must provide information required by the commissioner.
103G.281 WATER USE PROHIBITED WITHOUT MEASURING QUANTITIES.
The state, a political subdivision of the state, a person, partnership, public or private corporation, or association may not appropriate or use waters of the state without measuring and keeping a record of the quantity of water used or appropriated as provided in section 103G.271 or 103G.275.
An installation for appropriating or using water must be equipped with a flow meter to measure the quantity of water appropriated within the degree of accuracy required by rule. The commissioner can determine other methods to be used for measuring water quantity based on the quantity of water appropriated or used, the source of water, the method of appropriating or using water, and any other facts supplied to the commissioner.
(a) Records of the amount of water appropriated or used must be kept for each installation. The readings and the total amount of water appropriated must be reported annually to the commissioner on or before February 15 of the following year on forms provided by the commissioner.
(b) The records must be submitted with the annual water-use permit processing fee in section 103G.271.
The commissioner may assess penalties for noncompliant reporting of water use information as provided in this section. The penalty is ten percent of the annual water-use permit processing fee.
103G.282 MONITORING TO EVALUATE IMPACTS FROM APPROPRIATIONS.
The commissioner may require the installation and maintenance of monitoring equipment to evaluate water resource impacts from permitted appropriations and proposed projects that require a permit. Monitoring for water resources that supply more than one appropriator must be designed to minimize costs to individual appropriators. The cost of drilling additional monitoring wells must be shared proportionally by all permit holders that are directly affecting a particular water resources feature.
Monitoring installations required under subdivision 1 must be equipped with automated measuring devices to measure water levels, flows, or conditions. The commissioner may determine the frequency of measurements and other measuring methods based on the quantity of water appropriated or used, the source of water, potential connections to other water resources, the method of appropriating or using water, seasonal and long-term changes in water levels, and any other facts supplied to the commissioner.
(a) Records of water measurements under subdivision 2 must be kept for each installation. The measurements must be reported annually to the commissioner on or before February 15 of the following year in a format or on forms prescribed by the commissioner.
(b) The owner or person in charge of an installation for appropriating or using waters of the state or a proposal that requires a permit is responsible for all costs related to establishing and maintaining monitoring installations and to measuring and reporting data. Monitoring costs for water resources that supply more than one appropriator may be distributed among all users within a monitoring area determined by the commissioner and assessed based on volumes of water appropriated and proximity to resources of concern.
103G.285 SURFACE WATER APPROPRIATIONS.
The commissioner may waive a limitation or requirement in subdivisions 2 to 6 for just cause.
If data are available, permits to appropriate water from natural and altered natural watercourses must be limited so that consumptive appropriations are not made from the watercourses during periods of specified low flows. The purpose of the limit is to safeguard water availability for in-stream uses and for downstream higher priority users located reasonably near the site of appropriation.
(a) Permits to appropriate water from water basins must be limited so that the collective annual withdrawals do not exceed a total volume of water amounting to one-half acre-foot per acre of water basin based on Minnesota Department of Conservation Bulletin No. 25, "An Inventory of Minnesota Lakes," published in 1968.
(b) As a condition to a surface water appropriation permit, the commissioner shall set a protective elevation for the water basin, below which an appropriation is not allowed. During the determination of the protective elevation, the commissioner shall consider:
(1) the elevation of important aquatic vegetation characteristics related to fish and wildlife habitat;
(2) existing uses of the water basin by the public and riparian landowners; and
(3) the total volume within the water basin and the slope of the littoral zone.
As part of an application for appropriation of water from a water basin less than 500 acres in surface area, the applicant shall obtain a statement of support with as many signatures as the applicant can obtain from property owners with property riparian to the water basin. The statement of support must:
(1) state support for the proposed appropriation; and
(2) show the number of property owners whose signatures the applicant could not obtain.
Permits issued after June 3, 1977, to appropriate water from streams designated trout streams by the commissioner's orders under section 97C.005 must be limited to temporary appropriations.
An application for use of surface waters of the state is not complete until the applicant submits, as part of the application, a contingency plan that describes the alternatives the applicant will use if further appropriation is restricted due to the flow of the stream or the level of a water basin. A surface water appropriation may not be allowed unless the contingency plan is feasible or the permittee agrees to withstand the results of not being able to appropriate water.
103G.293 STATEWIDE DROUGHT PLAN.
The commissioner shall establish a plan to respond to drought-related emergencies and to prepare a statewide framework for drought response. The plan must consider metropolitan water supply plans of the Metropolitan Council prepared under section 473.1565. The plan must provide a framework for implementing drought response actions in a staged approach related to decreasing levels of flows. Permits issued under section 103G.271 must provide conditions on water appropriation consistent with the drought response plan established by this section.
103G.289 WELL INTERFERENCE; WELL SEALING.
The commissioner shall not validate a well interference claim if the affected well has been sealed prior to the completion of the commissioner's investigation of the complaint. If the well is sealed prior to completion of the investigation, the commissioner must dismiss the complaint.
103G.298 LANDSCAPE IRRIGATION SYSTEMS.
All automatically operated landscape irrigation systems shall have furnished and installed technology that inhibits or interrupts operation of the landscape irrigation system during periods of sufficient moisture. The technology must be adjustable either by the end user or the professional practitioner of landscape irrigation services.
103G.305 TIME LIMIT TO ACT ON WATER-USE PERMIT APPLICATION.
(a) Except as provided in subdivision 2, the commissioner must act on a water-use permit within 150 days after the completed application for the permit has been submitted. Within 30 business days of application for a water-use permit, the commissioner shall notify the applicant, in writing, whether the application is complete or incomplete.
(b) The commissioner must direct a hearing to be held on a water-use permit application or make an order issuing a permit or denying a permit.
The requirements of subdivision 1 do not apply to applications for a water-use permit for:
(1) appropriations for diversion from the basin of origin of more than 2,000,000 gallons per day average in a 30-day period; or
(2) appropriations with a consumptive use of more than 2,000,000 gallons per day average for a 30-day period.
103G.401 APPLICATION TO ESTABLISH LAKE LEVELS.
(a) Applications for authority to establish and maintain levels of public waters and applications to establish the natural ordinary high-water level of public waters may be made to the commissioner by a public body or authority or by a majority of the riparian owners on the public waters.
(b) To conserve or utilize the water resources of the state, the commissioner may initiate proceedings to establish and maintain the level of public waters.
(c) When establishing an ordinary high-water level, the commissioner must provide written or electronic notice of the order to the local units of government where the public water is located.
103G.405 WATER LEVEL CONTROL FOR LANDLOCKED LAKES.
(a) Except as provided in paragraph (c), the commissioner must issue a water level control permit to establish a control elevation for a landlocked lake below the ordinary high-water level for the lake if:
(1) the commissioner finds that:
(i) the control is necessary to prevent adverse impacts to the lake or adjoining property;
(ii) other reasonable or cost-effective alternatives are not available; and
(iii) natural resource or hydrologic conditions exist in the watershed that would limit the potential for continuous discharge of excess waters from the lake; and
(2) the outlet and discharge of excess waters is addressed in an approved water management plan under chapter 103B or 103D.
(b) In addition to the requirements in section 103G.301, subdivision 6, if the proposed control elevation is more than 1-1/2 feet below the ordinary high-water level, the permit applicant shall serve a copy of the application on each county and municipality within which any portion of the lake is located and the lake improvement district, if one exists.
(c) The commissioner may not issue a permit to establish a control elevation more than 1-1/2 feet below the ordinary high-water level of a lake if a county, municipality, watershed district, or lake improvement district required to be served under paragraph (b) or section 103G.301, subdivision 6, files a written objection to the issuance of the permit with the commissioner within 30 days after receiving a copy of the application.
103G.407 WATER LEVEL CONTROL FOR PUBLIC WATERS WITH OUTLET.
(a) The commissioner, upon due consideration of recommendations and objections as provided in paragraph (c), may issue a public-waters-work permit to establish a control elevation for a public water with an outlet that is different than any previously existing or established control level when:
(1) all of the property abutting the ordinary high-water mark of the public water is in public ownership or the public entity has obtained permanent flowage easements; and
(2) the commissioner finds that the proposed change in the control level is in the public interest and causes minimal adverse environmental impact.
(b) In addition to the requirements in section 103G.301, subdivision 6, if the proposed control elevation differs from any historical control level, the permit applicant shall serve a copy of the application on each county and municipality within which any portion of the lake is located and on the lake improvement district, if one exists.
(c) A county, municipality, watershed district, watershed management organization, or lake improvement district required to be served under paragraph (b) or section 103G.301, subdivision 6, may file a written recommendation for the issuance of the permit or an objection to the issuance of the permit with the commissioner within 30 days after receiving a copy of the application.
103G.408 TEMPORARY DRAWDOWN OF PUBLIC WATERS.
(a) The commissioner, upon consideration of recommendations and objections as provided in clause (2), item (iii), and paragraph (c), may issue a public-waters-work permit for the temporary drawdown of a public water when:
(1) the public water is a shallow lake to be managed for fish, wildlife, or ecological purposes by the commissioner and the commissioner has conducted a public hearing presenting a comprehensive management plan outlining how and when temporary drawdowns under this section will be conducted; or
(2) the permit applicant is a public entity and:
(i) the commissioner deems the project to be beneficial and makes findings of fact that the drawdown is in the public interest;
(ii) the permit applicant has obtained permission from at least 75 percent of the riparian landowners; and
(iii) the permit applicant has conducted a public hearing according to paragraph (d).
(b) In addition to the requirements in section 103G.301, subdivision 6, the permit applicant shall serve a copy of the application on each county, municipality, and watershed management organization, if one exists, within which any portion of the public water is located and on the lake improvement district, if one exists.
(c) A county, municipality, watershed district, watershed management organization, or lake improvement district required to be served under paragraph (b) or section 103G.301, subdivision 6, may file a written recommendation for the issuance of a permit or an objection to the issuance of a permit with the commissioner within 30 days after receiving a copy of the application.
(d) The hearing notice for a public hearing under paragraph (a), clause (2), item (iii), must:
(1) include the date, place, and time for the hearing;
(2) include the waters affected and a description of the proposed project;
(3) be mailed or electronically transmitted to the director, the county auditor, the clerk or mayor of a municipality, the lake improvement district if one exists, the watershed district or water management organization, the soil and water conservation district, and all riparian owners of record affected by the application; and
(4) be published in a newspaper of general circulation in the affected area.
(e) Periodic temporary drawdowns conducted under paragraph (a) are not considered takings from riparian landowners.
(f) This section does not apply to public waters that have been designated for wildlife management under section 97A.101.
103G.411 STIPULATION OF LOW-WATER MARK.
If the state is a party in a civil action relating to the navigability or ownership of the bed of a body of water, river, or stream, the commissioner, on behalf of the state, may agree by written stipulation with a riparian owner who is a party to the action on the location of the ordinary low-water mark on the riparian land of the party. After the stipulation is executed by all parties, it must be presented to the judge of the district court where the action is pending for approval. If the stipulation is approved, the judge shall make and enter an order providing that the final judgment when entered shall conform to the location of the ordinary, low-water mark as provided for in the stipulation as it relates to the parties to the stipulation.
103G.412 STREAM GAUGE DATA.
The commissioner of natural resources shall provide an easily accessible link to the Department of Natural Resources' and the Pollution Control Agency's cooperative stream gauging data, including lake level information for existing stations, including White Bear Lake and Turtle Lake, on the department's website.
103G.413 APPEAL OF ORDER ESTABLISHING ORDINARY HIGH-WATER LEVEL.
A local unit of government may petition for review of the ordinary high-water level. A petition may be filed on behalf of the local unit of government or riparian landowner affected by the ordinary high-water level. The petition must be filed by the local unit of government and include reasons why the determination should be reviewed and evidence to be considered as part of the review.
If a local unit of government files a petition under this section, the commissioner must review the petition within 90 days of the request and issue a final order. The commissioner may extend this period by 90 days by providing written notice of the extension to the applicant. Any further extension requires the agreement of the petitioner.
103G.415 BIG STONE LAKE; SEASONAL WATER LEVEL.
The most desirable and beneficial level for the waters of Big Stone Lake from May 1 to October 1 is elevation 967, project datum, and the director of game and fish of South Dakota and the commissioner of natural resources of Minnesota shall maintain and operate the Big Stone control dam in conformance with this elevation.
When the water elevation of Big Stone Lake is 967 or less, project datum:
(1) stop logs must be kept in place and maintained in the outlet dam of Big Stone Lake; and
(2) the outflow from the outlet dam must be regulated not to exceed 100 cubic feet per second.
103G.501 CONSTRUCTING PRIVATE DAMS ON NONNAVIGABLE WATERS.
If a person desires to raise and extend or erect and maintain a dam on the person's property across a stream or other watercourse that is not navigable to create or improve a waterpower for milling or manufacturing purposes and property owned by other persons will be overflowed or otherwise damaged, the person desiring to erect or extend or raise the dam may acquire the right to do so by petitioning the court and having damages ascertained and paid as prescribed in chapter 117.
A dam may not be erected, raised, or maintained under this section that damages a waterpower previously developed.
If the right to erect, raise, or extend a dam is acquired under subdivision 1, the project must be started within one year, completed, and the waterpower applied to the purpose stated in the petition within three years after the right to erect, raise, or extend the dam is acquired. If a dam or the machinery connected with the dam is destroyed, the rebuilding of the dam or machinery must be started and completed within the same periods after the destruction.
Failure to comply with subdivision 3 or failure to operate a mill or machinery for one consecutive year after it is erected forfeits the rights acquired under subdivision 1 unless the owner is an infant, or is otherwise legally disabled, in which case the periods under this section begin after the disability is removed.
103G.515 EXAMINING AND REPAIRING DAMS AND RESERVOIRS.
The commissioner may examine a reservoir, dam, control structure, or waterway obstruction after receiving a complaint or determining an examination is needed. The commissioner, or an authorized agent, must be granted access at any reasonable time to examine the reservoir, dam, control structure, or waterway obstruction.
(a) After making an examination, if the commissioner determines that additional engineering investigations are necessary to determine the safety of a dam, reservoir, control structure, or waterway obstruction and the nature and extent of the necessary repairs or alterations, the commissioner must notify the owner to have investigations made at the owner's expense.
(b) The result of the investigation must be filed with the commissioner for use in determining the condition of the structures and the need for their repair, alteration, or removal.
(a) If the commissioner determines that the reservoir, dam, control structure, or waterway obstruction is unsafe or needs repair or alteration, the commissioner shall notify the owner of the structure with an order to repair, alter, or remove the structure. The order must be issued in the same manner as if the owner had applied for a permit for the repairs, alterations, or removal.
(b) The engineering investigations or the work of repair, alteration, or removal must begin and be completed within a reasonable time prescribed by the commissioner.
(a) The commissioner shall adopt rules which must include a fee schedule to cover the cost of dam inspection and must classify structures to adequately define risks and hazards involved in relation to public health, safety, and welfare.
(b) The rules may not impose a field inspection fee on any state agency, political subdivision of the state, or federal governmental agency.
Notwithstanding any provision of this section or of section 103G.511 relating to cost sharing or apportionment, the commissioner, within the limits of legislative appropriation, may assume or pay the entire cost of removal of a privately or publicly owned dam upon determining removal provides the lowest cost solution and:
(1) that continued existence of the structure presents a significant public safety hazard, or prevents restoration of an important fisheries resource; or
(2) that public or private property is being damaged due to partial failure of the structure.
103G.505 DAM CONSTRUCTION AND MAINTENANCE BY STATE.
The commissioner may construct, maintain, and operate dikes, dams, and other structures necessary to maintain uniform water levels established under this chapter to improve navigation, protect and improve domestic water supply, protect and preserve fish and other wildlife, protect the public interest in the shore and shorelines of public waters, and promote public health.
The commissioner may acquire lands or any necessary interest in lands by purchase, gift, or condemnation.
Dams owned by the state or built on property owned or controlled by the state must be maintained under the direction of the commissioner and operated under the commissioner's direction and control.
The commissioner may accept funds from local governmental and civic agencies or persons to acquire property for or to construct, maintain, or operate dams and control structures.
103G.521 TRANSFER OF AUTHORITY OVER STATE DAMS.
(a) Upon application by resolution of the governing body of a political subdivision authorized to maintain and operate dams or other control structures affecting public waters, the commissioner, with the approval of the Executive Council, may transfer to the political subdivision the custody of a dam or other control structures owned by the state and under the supervision or control of the commissioner if the commissioner determines that the transfer will promote the best interests of the public. The transfer must be made by order of the commissioner on the terms and conditions the commissioner sets for maintenance and operation of the project.
(b) In connection with the transfer, the commissioner may convey land, easements, or other state property pertaining to the project to the transferee by deed or another appropriate instrument in the name of the state, subject to conditions and reservations prescribed by the commissioner. A duplicate of each order, conveyance, or other instrument executed by the commissioner in connection with a transfer must be filed with the commissioner of management and budget.
A transfer may be made with or without payment of money to the state, as agreed upon between the commissioner and the transferee. If a payment is received as part of the transfer, the amount must be deposited into the state treasury and credited to the general fund.
103G.525 LIMITATIONS ON TRANSFERRING DAM OWNERSHIP.
The state, a state department or agency, a county, municipality, town, or other governmental entity may not purchase or accept as a gift a privately owned dam subject to permit requirements until:
(1) the commissioner has examined the dam;
(2) the commissioner has prepared a report of the examination;
(3) the report has been filed with the legislature; and
(4) the legislature has had an opportunity to consider the report and has not prohibited the purchase or gift during the legislative session in which the report is filed or, if the report is filed when the legislature is not in session, the legislature has not prohibited the gift or purchase at the next session.
103G.531 DAM PERMIT EXCEPTIONS.
This chapter does not authorize the commissioner to require a permit for the original construction of dams, reservoirs, or control works in existence on and before July 1, 1937.
The commissioner shall adopt rules that exclude minor dams such as those less than six feet in height or that impound less than 50 acre-feet of water storage at maximum storage elevations from permit requirements. The rules do not apply to a barrier six feet or less in height, regardless of storage capacity, or to a barrier creating a storage capacity at maximum water storage elevation of 15 acre-feet or less, regardless of height.
103G.535 HYDROPOWER GENERATION.
The legislature finds that:
(1) the public health, safety, and welfare of the state is also promoted by the use of state waters to produce hydroelectric or hydromechanical power in a manner consistent with laws relating to dam construction, reconstruction, repair, and maintenance; and
(2) the leasing of existing dams and potential dam sites primarily for power generation is a valid public purpose.
A political subdivision, or the commissioner with the approval of the state executive council for state-owned dams, may provide by a lease or development agreement for the development and operation of dams, dam sites, and hydroelectric or hydromechanical power generation plants by an individual, a corporation, an organization, or other legal entity on terms and conditions in subdivision 5.
If an installation of 15,000 kilowatts or less at a dam site and reservoir was unused on January 1, 1984, in connection with the production of hydroelectric or hydromechanical power, the lease or development agreement negotiated by the political subdivision and the developer constitutes full payment by the lessee and may be in lieu of all real or personal property taxes that might otherwise be due to a political subdivision.
If the dam, dam site, or power generation plant is located in or contiguous to a municipality or town, other than the lessor political subdivision, the lease or agreement is not effective unless it is approved by the governing body of the municipality or town.
(a) An agreement for the development or redevelopment of a hydropower site must contain provisions to assure the maximum financial return to the political subdivision or the commissioner.
(b) An agreement may contain:
(1) the period of the development agreement up to 99 years, subject to negotiations between the parties, and conditions for extension, modification, or termination;
(2) provisions for a performance bond on the developer or certification that the equipment and its installation have a design life at least as long as the lease; and
(3) provisions to assure adequate maintenance and safety in impoundment structures and access to recreational sites.
103G.541 MUNICIPAL DAMS ON RED RIVER OF THE NORTH.
A municipality owning or permanently controlling property where a proposed dam is to be constructed may:
(1) construct a dam on the property and across that portion of the Red River of the North that forms a part of the boundary common to this state and the state of North Dakota to conserve water for municipal, commercial, and domestic use; and
(2) construct, in connection with the dam structures, fishways, raceways, sluiceways, and wasteways necessary or convenient for the proper construction and utility of the dam and as may be required by law.
If required by law or treaty, the municipality must first obtain the consent of the United States and of the state of North Dakota for the construction.
103G.545 DAMS AND WATER LEVEL CONTROL IN COOK, LAKE, AND ST. LOUIS COUNTIES.
The purpose of this section is to preserve shorelines, rapids, waterfalls, beaches, and other natural features in an unmodified state of nature.
Except as provided in this section, specific authority must be given by law after consideration by the legislature with regard to control structures or water levels within or bordering on the area of Cook, Lake, and St. Louis Counties designated in the Act of Congress of July 10, 1930, United States Code, title 16, section 577, before:
(1) dams or additions to existing dams may be constructed in or across public waters;
(2) alteration of the natural water level or volume of flowage of public waters may be made; or
(3) an easement for flooding or overflowing or otherwise affecting state property adjacent to public waters may be granted.
With the written approval of the commissioner and the signed authority of the Executive Council, dams for public recreational uses or dams essential for logging or for logging reservoirs that do not exceed 100 acres in size may be constructed to temporarily maintain water levels up to but not higher than the normal high-water marks. The approval is subject to fees recommended by the commissioner, time limitation, and other conditions designed fully to protect the public interest and purpose of this section.
(a) This section does not apply to the portion of a proposed development for waterpower purposes that was actually occupied and maintained by an applicant for a license to make the development under the terms of the federal waterpower act if the application for the license was pending on or before January 1, 1928.
(b) The occupant may occupy and use the state lands and waters occupied on January 1, 1928, and used up to an elevation not exceeding two feet above the lowest crest of the spillway or overflow dam of the occupant as constructed on January 1, 1928, for as long as the land and water is needed for waterpower purposes. Water control structures may not be used higher than the structures used before January 1, 1928.
(c) The occupant shall pay to the state annual compensation determined by the commissioner after investigation for the use of the state lands affected. The occupant must promptly pay the state reasonable compensation for any further damage to state lands or timber caused by waterpower development, other than is covered by the compensation paid for the use of the lands.
Any person who willfully or knowingly violates a provision of this section or of an order made by the commissioner under this section is guilty of a gross misdemeanor.
103G.555 STATUTE OF LIMITATIONS FOR ACTIONS AGAINST PUBLIC OFFICIALS.
An action or proceeding against the state, the commissioner, a county, or political subdivision or their officers or agents, relating to the taking over, construction, reconstruction, repair, improvement, maintenance, operation, or control of a dam subject to section 103G.551 and this section or the effects of water levels regulated, controlled, or maintained by a dam is barred unless the action is started within one year after the taking over or after the completion of the construction, reconstruction, repair, or improvement.
103G.561 STATUTE OF LIMITATIONS FOR ACTIONS ON FLOWAGE EASEMENTS AND ORDINARY HIGH-WATER LEVELS.
An action or proceeding that affects or seeks to adversely affect a perpetual flowage easement dedicated to the state for the use and benefit of the public as provided in section 103G.551, subdivision 2, or the maintaining or the right to maintain a reestablished natural ordinary high-water level above the natural ordinary high-water level of waters for which the state holds a perpetual flowage easement is barred unless the action or proceeding is commenced within one year from the date of the order of the commissioner determining the ordinary high-water level of the waters under section 103G.551, subdivision 5.
103G.565 RIGHT TO OVERFLOW, OBSTRUCT, OR IMPAIR HIGHWAYS GRANTED BY GOVERNING BODY.
The governing body of a town or municipality may allow the overflow, obstruction, or impairment of a public street or other highway, or the digging of a raceway in a public street or highway if it is necessary for creating, improving, or operating a waterpower.
(a) The waterpower must petition the governing body of the town or municipality where the street or highway is located for approval.
(b) The governing body of the town or municipality must post notice of the time, location, and purpose of the meeting on the petition for ten days. At the meeting, testimony may be taken. The governing body must make an order specifying the terms and conditions of the approval.
(c) The expenses of the meeting must be paid by the petitioner, whether the petition is granted or refused.
103G.571 BANK REPAIR ON PROPERTY WHERE OVERFLOW RIGHTS ARE ACQUIRED.
If the right to overflow the property of another by means of a dam is acquired by condemnation or contract and afterwards the waters of the stream are diverted because the banks of the property overflowed break away, the owner of the dam may enter the property of the person where the right to overflow is acquired and repair the banks to restore the previous flow of the stream.
The damages caused by entry and repair under subdivision 1 must be paid by the owner of the dam.
103G.575 GRANT OF FLOWAGE EASEMENTS IN UPPER RED LAKE REGION.
The commissioner, on behalf of the state and with the approval of the governor, may grant flowage easements on state-owned land or tax-forfeited land in the region of Upper Red Lake upon the terms and conditions prescribed by the commissioner.
103G.601 ICE-CUTTING FENCES AND GUARDS.
A person cutting ice in or on waters entirely or partly in the state to remove ice must surround the cuttings and openings with fences or guards sufficient to warn persons of the cutting before the cutting is started. The fence or guard must be maintained until the ice has formed in the openings to the thickness of at least six inches.
A person who fails to comply with this section is guilty of a misdemeanor.
103G.605 DEICING WATER BODIES.
A county board, lake improvement district, or governing body of a municipality under section 459.20 may regulate the construction and use of mechanical and chemical means of deicing the body of water in a manner consistent with rules of the commissioner.
103G.621 COUNTY WEED AND ALGAE DESTRUCTION AND REMOVAL.
A county board, lake improvement district, or governing body of a municipality under section 459.20 may regulate the mechanical and chemical means of removal of weeds and algae from the body of water in a manner consistent with the rules of the commissioner.
103G.625 MUNICIPAL CONTROL OF AQUATIC VEGETATION AND ORGANISMS.
The governing body of a municipality or town may expend funds for the control or destruction of harmful or undesirable aquatic vegetation or organisms in public waters and may cooperate with other governing bodies and landowners in the control or destruction.
The control or destruction of the aquatic vegetation or organisms may not be started unless a permit has been obtained from the commissioner under section 103G.615 and the work is done in accordance with the terms and conditions of the permit.
(a) The governing body of a municipality or town may use any available funds and may levy a tax on all taxable property in the municipality or town to implement this section.
(b) To provide funds in advance of collection of the tax levies, the governing body may, at any time after the tax has been levied and certified to the county auditor for collection, issue certificates of indebtedness in anticipation of the collection and payment of the tax. The total amount of the certificates, including principal and interest, may not exceed 90 percent of the amount of the levy and must become payable from the proceeds of the levy not later than two years from the date of issuance. The certificates shall be issued on terms and conditions as the governing body may determine and sold as provided in section 475.60.
(c) If the governing body determines that an emergency exists, it may make appropriations from the proceeds of the certificates for authorized purposes without complying with statutory or charter provisions requiring that expenditures be based on a prior budget authorization or other budgeting requirement.
(d) The proceeds of a tax levied or an issue of certificates of indebtedness must be deposited in a separate fund and expended only for purposes authorized by this section. If a disbursement is not made from the fund for a period of five years, money remaining in the fund may be transferred to the general fund.
103G.651 REMOVING SUNKEN LOGS FROM PUBLIC WATERS.
The commissioner of natural resources must not issue leases to remove sunken logs or issue permits for the removal of sunken logs from public waters.
103G.701 STREAM MAINTENANCE PROGRAM.
The commissioner shall establish a stream maintenance program. The program must include grants-in-aid to participating counties.
A county desiring to participate in the stream maintenance program must submit an application for the proposed work to the commissioner on forms provided by the commissioner. Unless waived by the commissioner, the county must submit the following information with its application:
(1) a map of the county showing the stream and the specific reaches of the stream to be maintained;
(2) photographs showing the nature and extent of the maintenance problem; and
(3) a resolution by the county board of commissioners asking to participate in the program and agreeing to provide at least 25 percent of the cost of the maintenance project.
After approving a stream maintenance project, the commissioner shall contract with the county for performance of work necessary to do the project. The contract may provide that the county share of the cost of the project is paid in the form of services provided by the county.
The commissioner may grant money for:
(1) cutting and removal of brush and dead or downed trees; and
(2) removal of large rocks and other debris such as concrete, asphalt, or scrap material.
(a) The commissioner must apportion grant money according to the relative severity of the maintenance problem, the date of application for the grant, and the availability of funds.
(b) A grant may not exceed 75 percent of the total cost of a stream maintenance project.
(c) Money may not be disbursed for excavation, filling, or for work performed until an application for the project is filed with the commissioner.
(d) The stream maintenance work must be performed by the county or under county supervision.
A county may appropriate from its general revenue fund sufficient funds to match the grants-in-aid authorized in this section.
103G.711 STATE'S OWNERSHIP OF BED OF NAVIGABLE RIVER.
The ownership of the bed and the land under the waters of all rivers in the state that are navigable for commercial purposes are in the state in fee simple, subject only to the regulations made by the United States with regard to the public navigation and commerce and the lawful use by the public while on the waters.
110A.01 POLICY STATEMENT.
Conservation of the state's water resources is a state function, and the public interest, welfare, convenience, and necessity require the creation of water user districts and the construction of systems of works, in the manner provided, for the conservation, storage, distribution, and use of water. The construction of systems of works by districts, as provided, is hereby declared to be in all respects for the welfare and benefit of the people of Minnesota.
110A.03 WATER USER DISTRICT; ORGANIZATION.
A water user district may be created and organized as provided in sections 110A.01 to 110A.36, and may sue and be sued in its corporate name. The procedure provided by sections 110A.01 to 110A.36 is alternative to that provided by other law. A district may not be organized in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott or Washington Counties.