reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.411 — Stipulation Of Low-water Mark.

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.
History:
1990 c 391 art 7 s 40; 2017 c 93 art 2 s 121; 2020 c 83 art 1 s 17
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.412 — Stream Gauge Data.

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.
History:
2014 c 312 art 14 s 9
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.413 — Appeal Of Order Establishing Ordinary High-water Level.

103G.413 APPEAL OF ORDER ESTABLISHING ORDINARY HIGH-WATER LEVEL.
Subdivision 1.
Petition.
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.
Subd. 2.
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.
History:
1Sp2021 c 6 art 2 s 84
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.415 — Big Stone Lake; Seasonal Water Level.

103G.415 BIG STONE LAKE; SEASONAL WATER LEVEL.
Subdivision 1.
Desirable water level elevation determined.
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.
Subd. 2.
Regulation at levels less than desirable 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.
History:
1990 c 391 art 7 s 41
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.501 — Constructing Private Dams On Nonnavigable Waters.

103G.501 CONSTRUCTING PRIVATE DAMS ON NONNAVIGABLE WATERS.
Subdivision 1.
Procedure to acquire flowage rights.
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.
Subd. 2.
Damage to previous waterpower prohibited.
A dam may not be erected, raised, or maintained under this section that damages a waterpower previously developed.
Subd. 3.
Project and repair completion times.
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.
Subd. 4.
Forfeiture.
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.
History:
1990 c 391 art 7 s 43
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.505 — Dam Construction And Maintenance By State.

103G.505 DAM CONSTRUCTION AND MAINTENANCE BY STATE.
Subdivision 1.
Authority.
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.
Subd. 2.
Acquiring land.
The commissioner may acquire lands or any necessary interest in lands by purchase, gift, or condemnation.
Subd. 3.
Operating dams on state property.
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.
Subd. 4.
Accepting local funding.
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.
History:
1990 c 391 art 7 s 44
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.515 — Examining And Repairing Dams And Reservoirs.

103G.515 EXAMINING AND REPAIRING DAMS AND RESERVOIRS.
Subdivision 1.
Examining structures.
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.
Subd. 2.
Additional engineering investigations.
(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.
Subd. 3.
Repair, alteration, or removal required.
(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.
Subd. 4.
Dam inspection fee.
(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.
Subd. 5.
Removing hazardous dams.
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.
History:
1990 c 391 art 7 s 46; 1995 c 218 s 17; 2010 c 361 art 4 s 59
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.521 — Transfer Of Authority Over State Dams.

103G.521 TRANSFER OF AUTHORITY OVER STATE DAMS.
Subdivision 1.
Application.
(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.
Subd. 2.
Payment.
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.
History:
1990 c 391 art 7 s 47; 1994 c 643 s 51; 2009 c 101 art 2 s 109
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.525 — Limitations On Transferring Dam Ownership.

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.
History:
1990 c 391 art 7 s 48
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.531 — Dam Permit Exceptions.

103G.531 DAM PERMIT EXCEPTIONS.
Subdivision 1.
Exemption for structures constructed before July 1, 1937.
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.
Subd. 2.
Minor dam exclusion.
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.
History:
1990 c 391 art 7 s 49
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.535 — Hydropower Generation.

103G.535 HYDROPOWER GENERATION.
Subdivision 1.
Public purpose.
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.
Subd. 2.
Leasing authority.
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.
Subd. 3.
Installations less than 15,000 kilowatts unused on January 1, 1984.
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.
Subd. 4.
Municipality or town approval.
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.
Subd. 5.
Contents of development agreement.
(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.
History:
1990 c 391 art 7 s 50; 1994 c 643 s 52
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.541 — Municipal Dams On Red River Of The North.

103G.541 MUNICIPAL DAMS ON RED RIVER OF THE NORTH.
Subdivision 1.
Authority to construct dam.
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.
Subd. 2.
Consent of the United States and North Dakota.
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.
History:
1990 c 391 art 7 s 51
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.545 — Dams And Water Level Control In Cook, Lake, And St. Louis Counties.

103G.545 DAMS AND WATER LEVEL CONTROL IN COOK, LAKE, AND ST. LOUIS COUNTIES.
Subdivision 1.
Purpose.
The purpose of this section is to preserve shorelines, rapids, waterfalls, beaches, and other natural features in an unmodified state of nature.
Subd. 2.
Legislative approval required.
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.
Subd. 3.
Recreational and logging dams.
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.
Subd. 4.
Exception and requirement for certain waterpower sites.
(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.
Subd. 5.
Penalty.
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.
History:
1990 c 391 art 7 s 52; 1991 c 199 art 1 s 18
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.555 — Statute Of Limitations For Actions Against Public Officials.

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.
History:
1990 c 391 art 7 s 54
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.561 — Statute Of Limitations For Actions On Flowage Easements And Ordinary High-water Levels.

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.
History:
1990 c 391 art 7 s 55
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.565 — Right To Overflow, Obstruct, Or Impair Highways Granted By Governing Body.

103G.565 RIGHT TO OVERFLOW, OBSTRUCT, OR IMPAIR HIGHWAYS GRANTED BY GOVERNING BODY.
Subdivision 1.
Authority.
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.
Subd. 2.
Procedure.
(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.
History:
1990 c 391 art 7 s 56
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.571 — Bank Repair On Property Where Overflow Rights Are Acquired.

103G.571 BANK REPAIR ON PROPERTY WHERE OVERFLOW RIGHTS ARE ACQUIRED.
Subdivision 1.
Right to repair.
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.
Subd. 2.
Damages of entry and repair.
The damages caused by entry and repair under subdivision 1 must be paid by the owner of the dam.
History:
1990 c 391 art 7 s 57
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.575 — Grant Of Flowage Easements In Upper Red Lake Region.

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.
History:
1990 c 391 art 7 s 58
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.601 — Ice-cutting Fences And Guards.

103G.601 ICE-CUTTING FENCES AND GUARDS.
Subdivision 1.
Fence and guard requirement.
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.
Subd. 2.
Penalty.
A person who fails to comply with this section is guilty of a misdemeanor.
History:
1990 c 391 art 7 s 59
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.605 — Deicing Water Bodies.

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.
History:
1990 c 391 art 7 s 60
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.621 — County Weed And Algae Destruction And Removal.

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.
History:
1990 c 391 art 7 s 64
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.625 — Municipal Control Of Aquatic Vegetation And Organisms.

103G.625 MUNICIPAL CONTROL OF AQUATIC VEGETATION AND ORGANISMS.
Subdivision 1.
Authority.
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.
Subd. 2.
Permit required.
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.
Subd. 3.
Funding.
(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.
History:
1990 c 391 art 7 s 65; 1994 c 505 art 3 s 3
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.651 — Removing Sunken Logs From Public Waters.

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.
History:
2010 c 361 art 4 s 61
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.701 — Stream Maintenance Program.

103G.701 STREAM MAINTENANCE PROGRAM.
Subdivision 1.
Establishment.
The commissioner shall establish a stream maintenance program. The program must include grants-in-aid to participating counties.
Subd. 2.
Application.
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.
Subd. 3.
Contract.
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.
Subd. 4.
Eligible projects.
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.
Subd. 5.
Grants.
(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.
Subd. 6.
County matching funds.
A county may appropriate from its general revenue fund sufficient funds to match the grants-in-aid authorized in this section.
History:
1990 c 391 art 7 s 66
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.711 — State's Ownership Of Bed Of Navigable River.

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.
History:
1990 c 391 art 7 s 67
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103H — Groundwater Protection › Section 103H.001 — Degradation Prevention Goal.

103H.001 DEGRADATION PREVENTION GOAL.
It is the goal of the state that groundwater be maintained in its natural condition, free from any degradation caused by human activities. It is recognized that for some human activities this degradation prevention goal cannot be practicably achieved. However, where prevention is practicable, it is intended that it be achieved. Where it is not currently practicable, the development of methods and technology that will make prevention practicable is encouraged.
History:
1989 c 326 art 1 s 1
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103H — Groundwater Protection › Section 103H.005 — Definitions.

103H.005 DEFINITIONS.
Subdivision 1.
Applicability.
The definitions in this section apply to this chapter.
Subd. 2.
Agricultural chemical.
"Agricultural chemical" means a pesticide, fertilizer, plant amendment, or soil amendment.
Subd. 3.
Health risk limits.
"Health risk limits" means a concentration of a substance or chemical adopted by rule of the commissioner of health that is a potential drinking water contaminant because of a systemic or carcinogenic toxicological result from consumption.
Subd. 4.
Best management practices.
"Best management practices" means practicable voluntary practices that are capable of preventing and minimizing degradation of groundwater, considering economic factors, availability, technical feasibility, implementability, effectiveness, and environmental effects. Best management practices apply to schedules of activities; design and operation standards; restrictions of practices; maintenance procedures; management plans; practices to prevent site releases, spillage, or leaks; application and use of chemicals; drainage from raw material storage; operating procedures; treatment requirements; and other activities causing groundwater degradation.
Subd. 5.
Common detection.
"Common detection" means detection of a pollutant that is not due to misuse or unusual or unique circumstances, but is likely to be the result of normal use of a product or a practice.
Subd. 6.
Degradation.
"Degradation" means changing groundwater from its natural condition by human activities.
Subd. 7.
Fertilizer.
"Fertilizer" has the meaning given in section 18C.005, subdivision 11.
Subd. 8.
Groundwater.
"Groundwater" means groundwater as defined in section 115.01, subdivision 6.
Subd. 9.
Pesticide.
"Pesticide" has the meaning given in section 18B.01, subdivision 18.
Subd. 10.
Plant amendment.
"Plant amendment" has the meaning given in section 18C.005, subdivision 25.
Subd. 11.
Pollutant.
"Pollutant" means a chemical or substance for which a health risk limit has been adopted.
Subd. 12.
Pollution.
"Pollution" means degradation of groundwater by a pollutant.
Subd. 13.
Sensitive area.
"Sensitive area" means a geographic area defined by natural features where there is a significant risk of groundwater degradation from activities conducted at or near the land surface.
Subd. 14.
Soil amendment.
"Soil amendment" has the meaning given in section 18C.005, subdivision 34.
Subd. 15.
Water resource protection requirements.
"Water resource protection requirements" means requirements adopted by rule for one or more pollutants intended to prevent and minimize pollution of groundwater. Water resource protection requirements include design criteria, standards, operation and maintenance procedures, practices to prevent releases, spills, leaks, and incidents, restrictions on use and practices, and treatment requirements.
History:
1989 c 326 art 1 s 2
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103H — Groundwater Protection › Section 103H.105 — Conservation Easements To Protect Sensitive Areas.

103H.105 CONSERVATION EASEMENTS TO PROTECT SENSITIVE AREAS.
(a) Agricultural land within a sensitive area identified in section 103H.101, subdivision 2, or by the Board of Water and Soil Resources and land in or immediately surrounding a sinkhole is marginal agricultural land for purposes of section 103F.515, subdivision 2, and is eligible for the reinvest in Minnesota reserve program under section 103F.515.
(b) Notwithstanding section 103F.515, subdivision 2, paragraph (c), clauses (1) and (4), and subdivision 4, the Board of Water and Soil Resources may authorize acquisition of hillside easements that restrict hillside pasturing or grazing of livestock.
History:
1989 c 326 art 1 s 4; 1990 c 391 art 10 s 3; 2009 c 176 art 1 s 50
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103H — Groundwater Protection › Section 103H.111 — Liability After Protection Of Sensitive Area.

103H.111 LIABILITY AFTER PROTECTION OF SENSITIVE AREA.
(a) A landowner within a sensitive area, identified under section 103H.101, has a complete defense to liability for degradation of groundwater caused by surface water from the sensitive area recharging groundwater if:
(1) the landowner's portion of the sensitive area is subject to a plan adopted by the soil and water conservation district to protect the groundwater from degradation through surface water recharge;
(2) the projects and practices required by the plan have been implemented and have been certified as having been implemented by the soil and water conservation district;
(3) the projects and practices required by the plan are maintained according to the plan; and
(4) the landowner has not allowed unlawful practices on the property that disrupt the projects and practices required by the plan.
(b) The soil and water conservation district's plan must include appropriate best management practices and water resource protection requirements.
History:
1989 c 326 art 1 s 5
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103H — Groundwater Protection › Section 103H.151 — Best Management Practices.

103H.151 BEST MANAGEMENT PRACTICES.
Subdivision 1.
Development by Pollution Control Agency.
Except as provided in subdivision 2 for agricultural chemicals and practices, the Pollution Control Agency in consultation with local water planning authorities shall develop best management practices for the prevention of groundwater degradation for specific activity categories. The Pollution Control Agency shall contact and solicit comments from affected persons and businesses in developing the best management practices. The Pollution Control Agency must publish notice and also solicit comments and recommendations from state agencies and local governments affected by or regulating the activities.
Subd. 2.
Agricultural chemicals; best management practices.
The commissioner of agriculture, in consultation with local water planning authorities, shall develop best management practices for agricultural chemicals and practices. The commissioner shall give public notice and contact and solicit comment from affected persons and businesses interested in developing the best management practices.
Subd. 3.
Education and promotion.
The commissioners of the Pollution Control Agency and agriculture, in conjunction with the Board of Water and Soil Resources, soil and water conservation districts, and the Minnesota Extension Service, must promote best management practices and provide education about how the use of best management practices will prevent, minimize, reduce, and eliminate the source of groundwater degradation. The promotion and education shall include demonstration projects.
Subd. 4.
Evaluation.
The commissioners of agriculture and the Pollution Control Agency shall, through field audits and other appropriate means, monitor the use and effectiveness of best management practices developed and promoted under this section. The information collected must be submitted to the Environmental Quality Board.
History:
1989 c 326 art 1 s 6; 1995 c 220 s 94; 2019 c 50 art 1 s 30
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103H — Groundwater Protection › Section 103H.175 — Groundwater Quality Monitoring.

103H.175 GROUNDWATER QUALITY MONITORING.
Subdivision 1.
Submitting monitoring results.
The results of monitoring groundwater quality by state agencies and political subdivisions must be submitted to the Minnesota Geospatial Information Office.
Subd. 2.
Computerized database.
Agencies monitoring groundwater shall maintain computerized databases of the results of groundwater quality monitoring using standards adopted by the Department of Information Technology Services and geospatial technology standards and guidelines published by the Minnesota Geospatial Information Office. The database must be accessible to the Pollution Control Agency, Department of Agriculture, Department of Health, and Department of Natural Resources.
Subd. 3.
Report.
Every five years, the Pollution Control Agency, in cooperation with other agencies participating in the monitoring of water resources, shall provide a draft report on the status of groundwater monitoring to the Environmental Quality Board for review and then to the house of representatives and senate committees with jurisdiction over the environment, natural resources, and agriculture as part of the report in section 103A.204.
History:
1989 c 326 art 1 s 7; 1991 c 345 art 2 s 17,18; 1994 c 557 s 16; 1999 c 86 art 3 s 11; 2009 c 101 art 2 s 107; 2010 c 392 art 1 s 12; 2012 c 272 s 59; 2013 c 134 s 30; 2013 c 142 art 3 s 36; 2021 c 31 art 2 s 16
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103H — Groundwater Protection › Section 103H.251 — Evaluating Detection Of Pollutants.

103H.251 EVALUATING DETECTION OF POLLUTANTS.
Subdivision 1.
Methods.
(a) The commissioner of agriculture for pollution resulting from agricultural chemicals and practices and the Pollution Control Agency for other pollutants shall evaluate the detection of pollutants in groundwater of the state. Evaluation of the detection may include collection technique, sampling handling technique, laboratory practices, other quality control practices, climatological conditions, and potential pollutant sources.
(b) If conditions indicate a likelihood of the detection of the pollutant or pollutant breakdown product to be a common detection, the commissioner of agriculture or the Pollution Control Agency must begin development of best management practices and continue to monitor for the pollutant or pollutant breakdown products.
Subd. 2.
Analysis of pollution trend.
The commissioner of agriculture for pollution resulting from agricultural chemicals and practices and the Pollution Control Agency for other pollutants shall develop and implement groundwater monitoring and hydrogeologic evaluation following pollution detection to evaluate pollution frequency and concentration trend. Assessment of the site-specific and pollutant-specific conditions and the likelihood of common detection must include applicable monitoring, pollutant use information, physical and chemical properties of the pollutant, hydrogeologic information, and review of information and data from other local, state, or federal monitoring databases.
History:
1989 c 326 art 1 s 9
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103H — Groundwater Protection › Section 103H.280 — Supplemental Authority.

103H.280 SUPPLEMENTAL AUTHORITY.
The authority of the Pollution Control Agency and the commissioner of agriculture in this chapter is supplemental to other authority given by law and does not restrict other authorities.
History:
1989 c 326 art 1 s 11
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.001 — Legislative Intent.

103I.001 LEGISLATIVE INTENT.
This chapter is intended to protect the health and general welfare by providing a means for the development and protection of the natural resource of groundwater in an orderly, healthful, and reasonable manner.
History:
1989 c 326 art 3 s 1
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.103 — Waste Prevention May Be Required.

103I.103 WASTE PREVENTION MAY BE REQUIRED.
The commissioner of natural resources may require the owners of wells, especially flowing artesian wells, to prevent waste to conserve the groundwater water supply of the state.
History:
1989 c 326 art 3 s 4
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.105 — Advisory Council On Wells And Borings.

103I.105 ADVISORY COUNCIL ON WELLS AND BORINGS.
(a) The Advisory Council on Wells and Borings is established as an advisory council to the commissioner. The advisory council shall consist of 18 voting members. Of the 18 voting members:
(1) one member must be from the Department of Health, appointed by the commissioner of health;
(2) one member must be from the Department of Natural Resources, appointed by the commissioner of natural resources;
(3) one member must be a member of the Minnesota Geological Survey of the University of Minnesota, appointed by the director;
(4) one member must be a responsible individual for a licensed explorer;
(5) one member must be a certified representative of a licensed elevator boring contractor;
(6) two members must be members of the public who are not connected with the boring or well drilling industry;
(7) one member must be from the Pollution Control Agency, appointed by the commissioner of the Pollution Control Agency;
(8) one member must be from the Department of Transportation, appointed by the commissioner of transportation;
(9) one member must be from the Board of Water and Soil Resources appointed by its chair;
(10) one member must be a certified representative of an environmental well contractor;
(11) six members must be residents of this state appointed by the commissioner, who are certified representatives of licensed well contractors, with not more than two from the seven-county metropolitan area and at least four from other areas of the state who represent different geographical regions; and
(12) one member must be a certified representative of a licensed bored geothermal heat exchanger contractor.
(b) An appointee of the well drilling industry may not serve more than two consecutive terms.
(c) The appointees to the advisory council from the well drilling industry must:
(1) have been residents of this state for at least three years before appointment; and
(2) have at least five years' experience in the well drilling business.
(d) The terms of the appointed members and the compensation and removal of all members are governed by section 15.059.
History:
1989 c 326 art 3 s 5; 1991 c 355 s 13; 1999 c 153 s 6; 2005 c 106 s 18; 2013 c 108 art 12 s 108; 2014 c 286 art 8 s 12; 1Sp2017 c 6 art 10 s 12
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.113 — Applicability To Mining Activities.

103I.113 APPLICABILITY TO MINING ACTIVITIES.
The provisions of this chapter do not apply to mining activities within a mining area described in a permit to mine issued under section 93.481 except a well or boring from which water is withdrawn. The provisions of this chapter do not apply to borings made within an area for which a conditional use permit for kaolin clay extraction has been obtained from the appropriate permitting authority when the kaolin clay extraction activity will remove all of the materials in which the borings occurred except a well or boring from which water is withdrawn.
History:
1989 c 326 art 3 s 7; 1993 c 113 art 3 s 1
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.115 — Compliance With This Chapter Required.

103I.115 COMPLIANCE WITH THIS CHAPTER REQUIRED.
A person may not construct, repair, or seal a well or boring, except as provided under the provisions of this chapter.
History:
1989 c 326 art 3 s 8; 1992 c 544 s 5; 2005 c 106 s 21