reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.204 — Groundwater Policy.

103A.204 GROUNDWATER POLICY.
(a) The responsibility for the protection of groundwater in Minnesota is vested in a multiagency approach to management. The following is a list of agencies and the groundwater protection areas for which the agencies are primarily responsible; the list is not intended to restrict the areas of responsibility to only those specified:
(1) Environmental Quality Board: coordination of state groundwater protection programs;
(2) Pollution Control Agency: water quality monitoring and reporting and the development of best management practices and regulatory mechanisms for protection of groundwater from nonagricultural chemical contaminants;
(3) Department of Agriculture: sustainable agriculture, integrated pest management, water quality monitoring, and the development of best management practices and regulatory mechanisms for protection of groundwater from agricultural chemical contaminants;
(4) Board of Water and Soil Resources: reporting on groundwater education and outreach with local government officials, local water planning and management, and local cost-share programs;
(5) Department of Natural Resources: water quantity monitoring and regulation, sensitivity mapping, and development of a plan for the use of integrated pest management and sustainable agriculture on state-owned lands; and
(6) Department of Health: regulation of wells and borings, and the development of health risk limits under section 103H.201.
(b) The Environmental Quality Board shall prepare a report on policy issues related to its responsibilities listed in paragraph (a), and include these reports with the assessments in section 103A.43 and the "Minnesota Water Plan" in section 103B.151.
History:
1994 c 557 s 11; 2008 c 363 art 5 s 14
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.205 — Conservation Policy For Rainwater.

103A.205 CONSERVATION POLICY FOR RAINWATER.
It is the policy of the state to promote the retention and conservation of all water precipitated from the atmosphere in the areas where it falls, as far as practicable. Except as otherwise expressly provided, all officers, departments, and other agencies of the state or political subdivisions having any authority or means for constructing, maintaining, or operating dams or other works or engaging in other projects or operations affecting precipitated water shall use the authority, as far as practicable, to effectuate the policy in this section.
History:
1990 c 391 art 1 s 5
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.206 — Soil And Water Conservation Policy.

103A.206 SOIL AND WATER CONSERVATION POLICY.
Maintaining and enhancing the quality of soil and water for the environmental and economic benefits they produce, preventing degradation, and restoring degraded soil and water resources of this state contribute greatly to the health, safety, economic well-being, and general welfare of this state and its citizens. Land occupiers have the responsibility to implement practices that conserve the soil and water resources of the state. Soil and water conservation measures implemented on private lands in this state provide benefits to the general public by reducing erosion, sedimentation, siltation, water pollution, and damages caused by floods. The soil and water conservation policy of the state is to encourage land occupiers to conserve soil, water, and the natural resources they support through the implementation of practices that:
(1) control or prevent erosion, sedimentation, siltation, and related pollution in order to preserve natural resources;
(2) ensure continued soil health, as defined under section 103C.101, subdivision 10a, and soil productivity;
(3) protect water quality;
(4) prevent impairment of dams and reservoirs;
(5) reduce damages caused by floods;
(6) preserve wildlife;
(7) protect the tax base; and
(8) protect public lands and waters.
History:
1990 c 391 art 1 s 6; 2003 c 104 s 1; 1Sp2015 c 2 art 2 s 10
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.207 — Floodplain Management Policy.

103A.207 FLOODPLAIN MANAGEMENT POLICY.
(a) It is the policy of this state to reduce flood damages through floodplain management, stressing nonstructural measures such as floodplain zoning and floodproofing, and flood warning practices.
(b) It is the policy of this state:
(1) not to prohibit but to guide development of the floodplains consistent with legislative findings;
(2) to provide state coordination and assistance to local governmental units in floodplain management;
(3) to encourage local governmental units to adopt, enforce, and administer sound floodplain management ordinances; and
(4) to provide the commissioner of natural resources with authority necessary to carry out a floodplain management program for the state and to coordinate federal, state, and local floodplain management activities in this state.
History:
1990 c 391 art 1 s 7
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.208 — Scenic River Protection Policy.

103A.208 SCENIC RIVER PROTECTION POLICY.
The legislature finds that certain of Minnesota's rivers and their adjacent lands possess outstanding scenic, recreational, natural, historical, scientific and similar values. It is in the interest of present and future generations to retain these values, and a policy of the state, and an authorized public purpose to preserve and protect these rivers.
History:
1990 c 391 art 1 s 8
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.209 — Marginal, Erodible Land Retirement Policy.

103A.209 MARGINAL, ERODIBLE LAND RETIREMENT POLICY.
It is state policy to encourage the retirement of marginal, highly erodible land, particularly land adjacent to public waters and drainage systems, from crop production and to reestablish a cover of perennial vegetation.
History:
1990 c 391 art 1 s 9
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.211 — Water Law Policy.

103A.211 WATER LAW POLICY.
The Water Law of this state is contained in many statutes that must be considered as a whole to systematically administer water policy for the public welfare. Water law that seems contradictory as applied to a specific proceeding creates a need for a forum where the public interest conflicts involved can be presented and, by consideration of the whole body of water law, the controlling policy can be determined and apparent inconsistencies resolved.
History:
1990 c 391 art 1 s 10
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.212 — Watershed Management Policy.

103A.212 WATERSHED MANAGEMENT POLICY.
The quality of life of every Minnesotan depends on water. Minnesota's rivers, lakes, streams, wetlands, and groundwater provide a foundation for drinking water and the state's recreational, municipal, commercial, industrial, agricultural, environmental, aesthetic, and economic well-being. The legislature finds that it is in the public interest to manage groundwater and surface water resources from the perspective of aquifers, watersheds, and river basins to achieve protection, preservation, enhancement, and restoration of the state's valuable groundwater and surface water resources.
History:
2010 c 361 art 4 s 48
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.301 — Definitions.

103A.301 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to sections 103A.301 to 103A.341.
Subd. 2.
Agency.
"Agency" means a state officer, board, commission, bureau, division, or agency, other than a court, exercising duty or authority under laws listed in section 103A.305.
Subd. 3.
Board.
"Board" means the Board of Water and Soil Resources.
Subd. 4.
Court.
"Court" means the district court or a judge of the district court before whom the proceeding is pending.
Subd. 5.
Proceeding.
"Proceeding" means a procedure under any of the laws listed in section 103A.305 that involves administrative discretion or duty.
Subd. 6.
Question of water policy.
"Question of water policy" means a question of water law and policy in which use, disposal, pollution, or conservation of water is a factor in a proceeding, including:
(1) determination of the governing policy of state law in the proceeding and resolution of apparent inconsistencies between different statutes; or
(2) the proper application of the policy of state law to facts in the proceeding if application is a matter of administrative discretion.
History:
1990 c 391 art 1 s 11
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.305 — Jurisdiction.

103A.305 JURISDICTION.
Sections 103A.301 to 103A.341 apply if the decision of an agency in a proceeding involves a question of water policy in one or more of the areas of water conservation, water pollution, preservation and management of wildlife, drainage, soil conservation, public recreation, forest management, and municipal planning under section 97A.135; 103A.411; 103E.011; 103E.015; 103G.245; 103G.261; 103G.271; 103G.275; 103G.281; 103G.287; 103G.297 to 103G.311; 103G.315, subdivisions 1, 10, 11, and 12; 103G.401; 103G.405; 103I.681, subdivision 1; 115.04; or 115.05.
History:
1990 c 391 art 1 s 12; 1991 c 199 art 2 s 1; 2010 c 361 art 4 s 49
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.311 — Petition For Intervention.

103A.311 PETITION FOR INTERVENTION.
Subdivision 1.
Authority.
The board may intervene in a proceeding if a petition is filed with the board for referral of a question of water policy involved in the proceeding.
Subd. 2.
Petition for intervention.
A petition for intervention must identify the proceeding in which it is made and state the grounds for referral in a general manner with sufficient detail to inform interested parties of the nature of the questions proposed to be presented to the board and the public importance of the questions.
Subd. 3.
Petitioners and signatures.
(a) A petition for intervention may be made by:
(1) the applicant in the proceeding;
(2) a party to the proceeding;
(3) the governor;
(4) the agency;
(5) the commissioner or director of a division in the Department of Natural Resources;
(6) the head of another state department or agency;
(7) a bureau or division of the federal government with a concern in the proceeding;
(8) an organization or group of persons with appropriate purpose related to the proceedings; or
(9) a person the board considers representative of a substantial segment of the state or peculiarly able to present evidence bearing on the public interest.
(b) The petition must be:
(1) signed and verified by the petitioner or an officer of the petitioner; or
(2) signed by the petitioner's attorney.
Subd. 4.
Filing petition.
The petition must be filed in duplicate, one copy with the board, the other with the agency.
Subd. 5.
Period for intervention by board.
The petition shall allow intervention in a proceeding by the board if the petition is filed after the proceeding is initiated and before the agency's order is made.
History:
1990 c 391 art 1 s 13
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.315 — Court Referrals.

103A.315 COURT REFERRALS.
The court may refer a proceeding under its jurisdiction involving a law listed in section 103A.305 to the board by a petition of the court directed to the board. The referral may be made in original and appellate proceedings. A party to a proceeding may ask the court to refer a matter to the board. On receiving a petition for referral, the board shall proceed under sections 103A.301 to 103A.341.
History:
1990 c 391 art 1 s 14
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.321 — Petition Abates Proceeding Until Board Acts.

103A.321 PETITION ABATES PROCEEDING UNTIL BOARD ACTS.
A petition for intervention filed with the board abates a proceeding until there is a recommendation by the board or until 60 days have passed after conclusion of hearing before the board, whichever is earlier, unless the agency makes a written finding stating reasons that the public interest requires the board to act immediately.
History:
1990 c 391 art 1 s 15
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.325 — Board Decision To Intervene.

103A.325 BOARD DECISION TO INTERVENE.
After receiving a petition, the board must decide whether the petition and the record made before the agency show an important question of water policy according to rules adopted by the board. If the board decides that there is not an important question of water policy, the board may not intervene and the proceeding continues in the agency as though the petition had not been made. If the board decides there is an important question of water policy and intervention in the public interest is justified, the board must issue a brief statement to the petitioner and the agency describing in general terms the questions of water policy it will consider.
History:
1990 c 391 art 1 s 16
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.331 — Hearing And Determination.

103A.331 HEARING AND DETERMINATION.
Subdivision 1.
Hearing.
After a petition is filed, the board must proceed expeditiously to hear, determine, and make its recommendations on the questions it has consented to consider. The hearings must be conducted to fully inform the board about all aspects of the public interest in the questions of water policy to be determined to make an impartial, scientific, and fully considered judgment.
Subd. 2.
Determination.
(a) The recommendation of the board is the board's decision on the question of water policy considered by it.
(b) The ultimate question to which the board's recommendation is directed is the proper course of action to be followed by the agency in the proceeding in relation to questions of water policy considered by the board.
(c) The decision of the board must be in the form of a written recommendation to the agency. The decision must state the controlling facts in sufficient detail to inform the parties, the agency, and a reviewing court of the basis and reason for the decision.
Subd. 3.
Recommendation as evidence.
In the proceeding and upon judicial review, the recommendation of the board is evidence. A certified copy is competent evidence of the recommendation of the board.
History:
1990 c 391 art 1 s 17
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.335 — Filing, Notice, And Procedure.

103A.335 FILING, NOTICE, AND PROCEDURE.
Subdivision 1.
Notice.
A consent, notice, or recommendation made by the board must be filed with the agency. The filing is notice of the board's action. The board's rules may provide for a notice, in addition to filing by mail, posting, publication, or otherwise, to inform parties and interested persons of the board's actions.
Subd. 2.
Subpoena.
(a) To implement sections 103A.301 to 103A.341, the chair of the board or a board member may subpoena witnesses, administer oaths, and compel the production of books, records, and other evidence.
(b) Disobedience of a subpoena, refusal to be sworn, or refusal to answer as a witness, is punishable as a contempt of the district court. The board or a board member must file a complaint of the disobedience with the district court of the county where the disobedience occurred.
(c) Witnesses receive the same fees and mileage as in civil actions.
(d) Persons must be sworn before testifying and the right to examine or cross-examine is the same as in civil actions.
Subd. 3.
Hearings.
Hearings must be public, conducted by the board or an authorized board member, and affected persons have the opportunity to be heard. The board must provide a stenographer to take the testimony and proceedings at the hearings must be recorded and preserved. Hearings must be conducted as much as practicable in the same way as civil actions.
Subd. 4.
Position of state agencies.
State agencies may adopt opposite positions on the matter before the board when full advocacy will assist in disclosing the public interest.
History:
1990 c 391 art 1 s 18
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.341 — Findings By Board.

103A.341 FINDINGS BY BOARD.
Within 60 days of the close of a hearing the board must make findings and recommendations based solely on the evidence presented at the public hearing.
History:
1990 c 391 art 1 s 19
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.401 — Statewide Water Information System.

103A.401 STATEWIDE WATER INFORMATION SYSTEM.
The commissioner of natural resources, in cooperation with other state agencies including the Minnesota geologic survey, shall establish and maintain a statewide water information system to gather, process, and distribute information on the availability, distribution, quality, and use of waters of the state. Local, regional, and state governmental units and their officers and employees shall cooperate with the commissioner to implement and maintain the statewide water information system.
History:
1990 c 391 art 1 s 20
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.403 — Statewide Nitrate Data.

103A.403 STATEWIDE NITRATE DATA.
The Environmental Quality Board shall ensure that all available data regarding the presence of nitrates in groundwater in the state that meet state standards recommended under Laws 1992, chapter 544, section 13, are integrated into the Minnesota Geospatial Information Office's statewide nitrate database according to published data compatibility guidelines. Costs of integrating the data in accordance with data compatibility standards must be borne by the agency generating the data or, if the data are not generated by an entity that receives or received state appropriations for monitoring or information management, by the Environmental Quality Board.
History:
1992 c 544 s 4; 2009 c 101 art 2 s 107
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.405 — Director's Approval For Federal Water Data Agreements.

103A.405 DIRECTOR'S APPROVAL FOR FEDERAL WATER DATA AGREEMENTS.
A contract or agreement may not be made by a department or agency of the state or a municipality, with the United States or an agency or department of the United States, for the collection of basic data pertaining to surface water or groundwater of the state without obtaining written approval of the director of the Division of Ecological and Water Resources of the Department of Natural Resources.
History:
1990 c 391 art 1 s 21; 1991 c 199 art 1 s 14; 2019 c 50 art 1 s 129
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.411 — Pumping Test And Data Acquisition; Training Programs.

103A.411 PUMPING TEST AND DATA ACQUISITION; TRAINING PROGRAMS.
The commissioner shall set up a statewide training program to provide training in the conduct of pumping tests and data acquisition programs.
History:
1990 c 391 art 1 s 22
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103A — Water Policy And Information › Section 103A.43 — Water Assessments And Reports.

103A.43 WATER ASSESSMENTS AND REPORTS.
(a) The Environmental Quality Board shall consolidate the assessments required in paragraphs (b) and (c) with the policy report in section 103A.204 and submit a single report to the house of representatives and senate committees with jurisdiction over the environment, natural resources, and agriculture and the Legislative-Citizen Commission on Minnesota Resources by September 15, 2010, and every five years thereafter.
(b) The Pollution Control Agency and the Department of Agriculture shall provide an assessment and analysis of water quality, groundwater degradation trends, and efforts to reduce, prevent, minimize, and eliminate degradation of water. The assessment and analysis must include an analysis of relevant monitoring data.
(c) The Department of Natural Resources shall provide an assessment and analysis of the quantity of surface water and groundwater in the state and the availability of water to meet the state's needs.
History:
1989 c 326 art 2 s 7; 1989 c 335 art 1 s 269; 1994 c 557 s 12; 1995 c 220 s 91; 1999 c 86 art 3 s 7; 2006 c 243 s 21; 2008 c 363 art 5 s 15; 2012 c 272 s 27; 2023 c 25 s 21
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.001 — Citation; Water Law.

103B.001 CITATION; WATER LAW.
Chapters 103A, 103B, 103C, 103D, 103E, 103F, and 103G constitute the water law of this state and may be cited as the "Water Law."
History:
1990 c 391 art 2 s 1
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.102 — Local Water Management; Accountability And Oversight.

103B.102 LOCAL WATER MANAGEMENT; ACCOUNTABILITY AND OVERSIGHT.
Subdivision 1.
Findings; improving accountability and oversight.
The legislature finds that a process is needed to monitor the performance and activities of local water management entities. The process should be preemptive so that problems can be identified early and systematically. Underperforming entities should be provided assistance and direction for improving performance in a reasonable time frame.
Subd. 2.
Definition.
For the purposes of this section, "local water management entities" means watershed districts, soil and water conservation districts, metropolitan water management organizations, and counties operating separately or jointly in their role as local water management authorities under chapter 103B, 103C, 103D, or 103G and chapter 114D.
Subd. 3.
Evaluation and report.
The Board of Water and Soil Resources shall evaluate performance, financial, and activity information for each local water management entity. The board shall evaluate the entities' progress in accomplishing their adopted plans on a regular basis as determined by the board based on budget and operations of the local water management entity, but not less than once every ten years. The board shall maintain a summary of local water management entity performance on the board's website. Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis of local water management entity performance to the chairs of the house of representatives and senate committees having jurisdiction over environment and natural resources policy.
Subd. 4.
Corrective actions.
(a) In addition to other authorities, the Board of Water and Soil Resources may, based on its evaluation in subdivision 3, reduce, withhold, or redirect grants and other funding if the local water management entity has not corrected deficiencies as prescribed in a notice from the board within one year from the date of the notice.
(b) The board may defer a decision on a termination petition filed under section 103B.221, 103C.225, or 103D.271 for up to one year to conduct or update the evaluation under subdivision 3 or to communicate the results of the evaluation to petitioners or to local and state government agencies.
History:
2007 c 57 art 1 s 104; 2013 c 143 art 4 s 1
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.104 — Lawns To Legumes Program.

103B.104 LAWNS TO LEGUMES PROGRAM.
(a) The Board of Water and Soil Resources may provide financial and technical assistance to plant residential landscapes and community spaces with native vegetation and pollinator-friendly forbs and legumes to:
(1) protect a diversity of pollinators with declining populations; and
(2) provide additional benefits for water management, carbon sequestration, and landscape and climate resiliency.
(b) The board must establish criteria for grants or payments awarded under this section. Grants or payments awarded under this section may give priority consideration for proposals in areas identified by the United States Fish and Wildlife Service as areas where there is a high potential for rusty patched bumble bees and other priority species to be present.
(c) The board may collaborate with and enter into agreements with federal, state, and local agencies; Tribal Nations; nonprofit organizations; and contractors to implement and promote the program.
History:
2023 c 60 art 5 s 6
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.105 — Habitat-friendly Utilities Program.

103B.105 HABITAT-FRIENDLY UTILITIES PROGRAM.
(a) The Board of Water and Soil Resources may provide financial and technical assistance to promote the successful establishment of native vegetation as part of utility projects, including solar and wind projects, pipelines, and electrical transmission corridors, to:
(1) ensure the integrity and resiliency of Minnesota landscapes; and
(2) protect habitat and water resources.
(b) The board must establish criteria for grants or payments awarded under this section. Grants or payments awarded under this section may prioritize proposals in areas identified by state and federal agencies and conservation partners for protecting high-priority natural resources and wildlife species.
(c) The board may collaborate with and enter into agreements with federal, state, and local agencies; Tribal Nations; utility companies; nonprofit organizations; and contractors to implement and promote the program.
History:
2023 c 60 art 5 s 7
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.106 — Habitat Enhancement Landscape Program.

103B.106 HABITAT ENHANCEMENT LANDSCAPE PROGRAM.
(a) The Board of Water and Soil Resources may provide financial and technical assistance to establish or enhance areas of diverse native vegetation to:
(1) support declining populations of bees, butterflies, dragonflies, birds, and other wildlife species that are essential for ecosystems and food production across conservation lands, open spaces, and natural areas; and
(2) provide additional benefits for water management, carbon sequestration, and landscape and climate resiliency.
(b) The board must establish criteria for grants or payments awarded under this section. Grants or payments awarded under this section may prioritize proposals in areas identified by state and federal agencies and conservation partners as high priority for protecting endangered or threatened pollinator and other species.
(c) The board may collaborate with and enter into agreements with federal, state, and local agencies; Tribal Nations; nonprofit organizations; and contractors to implement and promote the program.
History:
2023 c 60 art 5 s 8
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.151 — Coordinating Water Resource Planning.

103B.151 COORDINATING WATER RESOURCE PLANNING.
Subdivision 1.
Water planning.
The Environmental Quality Board shall:
(1) coordinate public water resource management and regulation activities among the state agencies having jurisdiction in the area;
(2) coordinate comprehensive long-range water resources planning in furtherance of the Environmental Quality Board's "Minnesota Water Plan," published in January 1991, by September 15, 2000, and each ten-year interval afterwards;
(3) coordinate water planning activities of local, regional, and federal bodies with state water planning and integrate these plans with state strategies;
(4) coordinate development of state water policy recommendations and priorities, and a recommended program for funding identified needs, including priorities for implementing the state water resources monitoring plan;
(5) administer federal water resources planning with multiagency interests;
(6) ensure that groundwater quality monitoring and related data is provided and integrated into the Minnesota land management information system according to published data compatibility guidelines. Costs of integrating the data in accordance with data compatibility standards must be borne by the agency generating the data;
(7) coordinate the development and evaluation of water information and education materials and resources; and
(8) coordinate the dissemination of water information and education through existing delivery systems.
Subd. 2.
Governor's representative.
The Environmental Quality Board chair shall represent the governor on interstate water resources organizations.
Subd. 3.
[Repealed, 1995 c 186 s 28]
History:
1990 c 391 art 2 s 3; 1994 c 557 s 13; 2008 c 363 art 5 s 16
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.155 — State Water And Related Land Resource Plan.

103B.155 STATE WATER AND RELATED LAND RESOURCE PLAN.
The commissioner of natural resources, in cooperation with other state and federal agencies, regional development commissions, the Metropolitan Council, local governmental units, and citizens, shall prepare a statewide framework and assessment water and related land resources plan for presentation to the legislature by November 15, 1975, for its review and approval or disapproval. This plan must relate each of the programs of the Department of Natural Resources for specific aspects of water management to the others. The statewide plan must include:
(1) regulation of improvements and land development by abutting landowners of the beds, banks, and shores of lakes, streams, watercourses, and marshes by permit or otherwise to preserve them for beneficial use;
(2) regulation of construction of improvements on and prevention of encroachments in the floodplains of the rivers, streams, lakes, and marshes of the state;
(3) reclamation or filling of wet and overflowed lands;
(4) repair, improvement, relocation, modification or consolidation in whole or in part of previously established public drainage systems within the state;
(5) preservation of wetland areas;
(6) management of game and fish resources as related to water resources;
(7) control of water weeds;
(8) control or alleviation of damages by floodwaters;
(9) alteration of stream channels for conveyance of surface waters, navigation, and any other public purposes;
(10) diversion or changing of watercourses in whole or in part;
(11) regulation of the flow of streams and conservation of their waters;
(12) regulation of lake water levels;
(13) maintenance of water supply for municipal, domestic, industrial, recreational, agricultural, aesthetic, wildlife, fishery, or other public use;
(14) sanitation and public health and regulation of uses of streams, ditches, or watercourses to dispose of waste and maintain water quality;
(15) preventive or remedial measures to control or alleviate land and soil erosion and siltation of affected watercourses or bodies of water;
(16) regulation of uses of water surfaces; and
(17) identification of high priority regions for wetland preservation, enhancement, restoration, and establishment.
History:
1990 c 391 art 2 s 4; 1991 c 354 art 2 s 1
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.201 — Metropolitan Water Management Program; Purpose.

103B.201 METROPOLITAN WATER MANAGEMENT PROGRAM; PURPOSE.
The purposes of the water management programs required by sections 103B.205 to 103B.255 are to:
(1) protect, preserve, and use natural surface water and groundwater storage and retention systems;
(2) minimize public capital expenditures needed to correct flooding and water quality problems;
(3) identify and plan for means to effectively protect and improve surface water and groundwater quality;
(4) establish more uniform local policies and official controls for surface water and groundwater management;
(5) prevent erosion of soil into surface water systems;
(6) promote groundwater recharge;
(7) protect and enhance fish and wildlife habitat and water recreational facilities; and
(8) secure the other benefits associated with the proper management of surface water and groundwater.
History:
1990 c 391 art 2 s 5; 1990 c 601 s 6; 2019 c 50 art 1 s 24
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.221 — Terminating Watershed District.

103B.221 TERMINATING WATERSHED DISTRICT.
Subdivision 1.
Procedure.
A watershed district wholly within the metropolitan area may be terminated pursuant to this section or chapter 103D.
Subd. 2.
Petition.
Proceedings for termination under this subdivision must be initiated by a petition to the Board of Water and Soil Resources filed jointly by the governing bodies of all statutory and home rule charter cities and towns having jurisdiction over territory within the watershed.
Subd. 3.
Hearing.
Upon the filing of a sufficient petition, the board shall hold a hearing in accordance with the procedures prescribed in chapter 103D, to take testimony on the determinations required to be made by the board.
Subd. 4.
Determination and order.
(a) Following the hearing, the board shall, by its findings and order, terminate the district as requested if the board determines:
(1) that the local units of government having jurisdiction over territory within the watershed have formed a joint powers organization for the watershed pursuant to section 103B.211;
(2) that upon termination of the district the members of the joint powers organization, jointly or severally, are willing and able to assume ownership of the district's assets and the responsibility for managing and maintaining the district's projects as necessary to accomplish the purposes of sections 103B.205 to 103B.255 and to implement the watershed plan of the joint powers organization to be developed pursuant to section 103B.231; and
(3) that the termination can be accomplished in conformance with section 103B.225.
(b) The board shall file a certified copy of the findings and order with the secretary of state. The order terminating the district must transfer the assets of the district to the joint powers organization or its members. The order must conform to section 103B.225.
History:
1990 c 391 art 2 s 9
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.225 — Boundary Change And Termination; Effect On Benefits And Damages.

103B.225 BOUNDARY CHANGE AND TERMINATION; EFFECT ON BENEFITS AND DAMAGES.
(a) The addition or transfer of property or termination of a district under sections 103B.215 and 103B.221 must not affect the benefits or damages for any improvement previously constructed by the district having jurisdiction over the property before the board's order takes effect. The property affected is and remains liable for its proper share of any outstanding indebtedness of the watershed district applying to the property before the board's order, and levies and assessments for the indebtedness continue in force until the debt is fully paid.
(b) In order to satisfy the requirements of this section, the board may prescribe conditions on the boundary change or termination or may prescribe a later effective date for the termination of specified powers of a watershed district.
History:
1990 c 391 art 2 s 10
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.227 — Watershed Management Organizations.

103B.227 WATERSHED MANAGEMENT ORGANIZATIONS.
Subdivision 1.
Appointing members.
Watershed management organizations shall notify the Board of Water and Soil Resources of member appointments and vacancies in member positions within 30 days. Appointing authorities shall fill vacant positions by 90 days after the vacancy occurs.
Subd. 2.
Notice of board vacancies.
Appointing authorities for watershed management organization board members shall publish a notice of vacancies resulting from expiration of members' terms and other reasons. The notices must be published at least once in a newspaper of general circulation in the watershed management organization area. The notices must state that persons interested in being appointed to serve on the watershed management organization board may submit their names to the appointing authority for consideration. After December 31, 1999, staff of local units of government that are members of the watershed management organization are not eligible to be appointed to the board. Published notice of the vacancy must be given at least 15 days before an appointment or reappointment is made.
Subd. 3.
Removal.
Appointing authorities may remove members of watershed management organization boards for just cause. The Board of Water and Soil Resources shall adopt rules prescribing standards and procedures for removing members of watershed management organization boards for just cause.
Subd. 4.
Newsletter.
A watershed management organization shall publish and distribute at least one newsletter or other appropriate written communication each year to residents. The newsletter or other communication must explain the organization's water management programs and list the officers and telephone numbers.
Subd. 5.
Requests for proposals for services.
A watershed management organization shall at least every two years solicit interest proposals for legal, professional, or technical consultant services before retaining the services of an attorney or consultant or extending an annual services agreement.
Subd. 6.
[Repealed, 1995 c 184 s 32]
Subd. 7.
Drainage systems.
Watershed management organizations may accept transfer of drainage systems under sections 103B.205 to 103B.255.
History:
1990 c 601 s 9; 1999 c 231 s 126
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.239 — Rule Review.

103B.239 RULE REVIEW.
The Board of Water and Soil Resources shall review the rules relating to sections 103B.205 to 103B.255 at least once every five years and adopt necessary amendments.
History:
1990 c 601 s 20
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.241 — Levies.

103B.241 LEVIES.
Subdivision 1.
Watershed plans and projects.
Notwithstanding chapter 103D, a local government unit or watershed management organization may levy a tax to pay the increased costs of preparing a plan under sections 103B.231 and 103B.235 or for projects identified in an approved and adopted plan necessary to implement the purposes of section 103B.201. The proceeds of any tax levied under this section shall be deposited in a separate fund and expended only for the purposes authorized by this section. Watershed management organizations and local government units may accumulate the proceeds of levies as an alternative to issuing bonds to finance improvements.
Subd. 2.
Priority programs; soil and water conservation districts.
A county may levy amounts necessary to pay the reasonable increased costs to soil and water conservation districts of administering and implementing priority programs identified in an approved and adopted plan.
History:
1990 c 391 art 2 s 13; 1990 c 601 s 22; 1992 c 511 art 2 s 2; art 5 s 2; 1995 c 184 s 12
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.252 — Emergency Projects.

103B.252 EMERGENCY PROJECTS.
Subdivision 1.
General authority.
Notwithstanding chapter 103D, a local government unit or a watershed management organization which has an approved and adopted plan may undertake and perform emergency projects under this section.
Subd. 2.
Declaring emergency.
If the joint powers board, watershed district managers, or local government unit find that conditions exist that present a clear and imminent danger to the health or welfare of the people of the watershed management organization or local government unit, and that to delay action would prejudice the interests of the people of the watershed management organization or local government unit, or would likely cause permanent harm, the joint powers board, watershed district managers, or local government unit may declare the existence of an emergency and designate the location, watershed or subwatershed unit, nature, and extent of the emergency.
Subd. 3.
Project order.
If an emergency has been declared to the extent necessary to protect the interests of the watershed management organization or the local government unit, the joint powers board, watershed district managers, or local government unit may order that the work be done under the direction of the joint powers board, watershed district managers, or local government unit and their engineer, without a contract.
History:
1995 c 184 s 17
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.253 — County Levy Authority.

103B.253 COUNTY LEVY AUTHORITY.
Notwithstanding any other law to the contrary, a county levying a tax under section 103B.241, 103B.245, or 103B.251 shall not include any taxes levied under those authorities in the levy certified under section 275.07, subdivision 1, paragraph (a). A county levying under section 103B.241, 103B.245, or 103B.251 shall separately certify that amount and the auditor shall extend that levy as a special taxing district levy under sections 275.066 and 275.07, subdivision 1, paragraph (b).
History:
1Sp2001 c 5 art 3 s 3
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.305 — Definitions.

103B.305 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to sections 103B.301 to 103B.355.
Subd. 2.
Board.
"Board" means the Board of Water and Soil Resources.
Subd. 3.
Comprehensive local water management plan.
"Comprehensive local water management plan," "comprehensive water plan," "local water plan," and "local water management plan" mean the plan adopted by a county under sections 103B.311 and 103B.315.
Subd. 4.
Groundwater systems.
"Groundwater systems" means the 14 principal aquifers of the state as defined by the United States Geological Survey in the Water-Resources Investigations 81-51, entitled "Designation of Principal Water-Supply Aquifers in Minnesota" (August 1981), and its revisions.
Subd. 5.
Local units of government.
"Local units of government" means municipalities, towns, counties, soil and water conservation districts, watershed districts, organizations formed for the joint exercise of powers under section 471.59, and other special purpose districts or authorities exercising authority in water and related land resources management at the local level.
Subd. 6.
Municipality.
"Municipality" means a statutory or home rule charter city.
Subd. 7.
Official controls.
"Official controls" means ordinances and regulations that control the physical development of the whole or part of a local government unit or that implement the general objectives of the local government unit.
Subd. 7a.
Plan authority.
"Plan authority" means those local government units coordinating planning under sections 103B.301 to 103B.335.
Subd. 7b.
Priority concerns.
"Priority concerns" means issues, resources, subwatersheds, or demographic areas that are identified as a priority by the plan authority.
Subd. 7c.
Priority concerns scoping document.
"Priority concerns scoping document" means the list of the chosen priority concerns and a detailed account of how those concerns were identified and chosen.
Subd. 8.
Related land resources.
"Related land resources" means land affected by present or projected management practices that have significant effects on the quantity and quality, or use of groundwater or surface water.
Subd. 8a.
State review agencies.
"State review agencies" means the Board of Water and Soil Resources, the Department of Agriculture, the Department of Health, the Department of Natural Resources, the Pollution Control Agency, and other agencies granted state review status by a resolution of the board.
Subd. 9.
Watershed management organization.
"Watershed management organization" has the meaning given in section 103B.205, subdivision 13.
Subd. 10.
Watershed units.
"Watershed units" means each of the 81 major watershed units identified in the state watershed boundaries map prepared pursuant to the requirements of Laws 1977, chapter 455, section 33, subdivision 7, paragraph (a) and the accompanying database, and the revisions of that database.
History:
1990 c 391 art 2 s 18; 2003 c 128 art 1 s 79-83
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103B — Water Planning And Project Implementation › Section 103B.312 — Identifying Priority Concerns.

103B.312 IDENTIFYING PRIORITY CONCERNS.
Each priority concerns scoping document must contain:
(1) the list of proposed priority concerns the plan will address; and
(2) a description of how and why the priority concerns were chosen, including:
(i) a list of all public and internal forums held to gather input regarding priority concerns, including the dates they were held, a list of participants and affiliated organizations, a summary of the proceedings, and supporting data;
(ii) the process used to locally coordinate and resolve differences between the plan's priority concerns and other state, local, and regional concerns; and
(iii) a list of issues identified by the stakeholders but not selected as priority concerns, why they were not included in the list of priority concerns, and a brief description of how the concerns may be addressed or delegated to other partnering entities.
History:
2003 c 128 art 1 s 88