reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.134 — Orders And Investigations.

103G.134 ORDERS AND INVESTIGATIONS.
The commissioner has the following powers and duties when acting pursuant to the enforcement provisions of this chapter:
(1) to adopt, issue, reissue, modify, deny, revoke, enter into, or enforce reasonable orders, schedules of compliance, and stipulation agreements;
(2) to issue notices of violation;
(3) to require a person holding a permit issued under this chapter or otherwise impacting the public waters of the state without a permit issued under this chapter to:
(i) make reports;
(ii) install, use, and maintain monitoring equipment or methods;
(iii) perform tests according to methods, at locations, at intervals, and in a manner as the commissioner prescribes; and
(iv) provide other information as the commissioner may reasonably require; and
(4) to conduct investigations; issue notices, public and otherwise; and order hearings as the commissioner deems necessary or advisable to discharge duties under this chapter, including but not limited to issuing permits and authorizing an employee or agent appointed by the commissioner to conduct the investigations and other authorities cited in this section.
History:
2023 c 60 art 4 s 80
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.135 — Enforcing Commissioner's Orders.

103G.135 ENFORCING COMMISSIONER'S ORDERS.
Upon application of the commissioner, the district court of a county where a project is entirely or partially located may by injunction enforce compliance with, or restrain the violation of, an order of the commissioner made under this chapter or chapter 103F, or restrain the violation of this chapter or chapter 103F.
History:
1990 c 391 art 7 s 10; 1995 c 218 s 7
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.141 — Penalties.

103G.141 PENALTIES.
Subdivision 1.
Misdemeanors.
Except as provided in subdivision 2, a person is guilty of a misdemeanor who:
(1) undertakes or procures another to undertake an alteration in the course, current, or cross section of public waters or appropriates waters of the state without previously obtaining a permit from the commissioner, regardless of whether the commissioner would have granted a permit had an application been filed;
(2) undertakes or procures another to undertake an alteration in the course, current, or cross section of public waters or appropriates waters of the state in violation of or in excess of authority granted under a permit issued by the commissioner, regardless of whether an application had been filed for permission to perform the act involved or whether the act involved would have been permitted had a proper application been filed;
(3) undertakes or procures another to undertake an alteration in the course, current, or cross section of public waters or appropriates waters of the state after a permit to undertake the project has been denied by the commissioner; or
(4) violates a provision of this chapter.
Subd. 2.
Violating section 404 permits.
(a) Whenever the commissioner finds that a person is in violation of a condition or limitation set forth in a permit issued under the rules adopted by the commissioner under section 103G.127, the commissioner shall issue an order requiring the person to comply with the condition or limitation, or the commissioner shall bring a civil action in accordance with paragraph (b).
(b) The commissioner may commence a civil action for appropriate relief in district court, including a permanent or temporary injunction, for a violation for which the commissioner is authorized to issue a compliance order under paragraph (a). The court may restrain the violation and require compliance.
(c) A person who violates a condition or limitation in a permit issued by the commissioner under section 103G.127, and a person who violates an order issued by the commissioner under paragraph (a), is subject to a civil penalty not to exceed $25,000 per day for each violation. In determining the amount of a civil penalty the court shall consider the seriousness of the violation or violations, the economic benefit, if any, resulting from the violation, any history of violations, any good faith efforts to comply with the applicable requirements, the economic impact of the penalty on the violator, and other matters justice may require.
History:
1990 c 391 art 7 s 11; 1991 c 354 art 9 s 2
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.146 — Duty Of Candor.

103G.146 DUTY OF CANDOR.
(a) A person must not knowingly:
(1) make a false statement of fact or fail to correct a false statement of material fact regarding any matter pertaining to this chapter;
(2) fail to disclose information that the person knows is necessary for the commissioner to make an informed decision under this chapter; or
(3) offer information that the person knows to be false.
(b) If a person has offered material information to the commissioner and the person comes to know the information is false, the person must take reasonable remedial measures to provide the accurate information.
History:
2023 c 60 art 4 s 81
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.205 — Effect Of Public Waters Designation.

103G.205 EFFECT OF PUBLIC WATERS DESIGNATION.
The designation of waters of this state as public waters does not:
(1) grant the public additional or greater right of access to the waters;
(2) diminish the right of ownership or usage of the beds underlying the designated public waters;
(3) affect state law forbidding trespass on private lands; and
(4) require the commissioner to acquire access to the designated public waters under section 97A.141.
History:
1990 c 391 art 7 s 14
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.211 — Draining Public Waters Prohibited Without Replacement.

103G.211 DRAINING PUBLIC WATERS PROHIBITED WITHOUT REPLACEMENT.
Except as provided in sections 103G.221 to 103G.235, public waters may not be drained, and a permit authorizing drainage of public waters may not be issued, unless the public waters to be drained are replaced by public waters that will have equal or greater public value.
History:
1990 c 391 art 7 s 15
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.215 — Agricultural Use Of Public Waters During Drought.

103G.215 AGRICULTURAL USE OF PUBLIC WATERS DURING DROUGHT.
A property owner may use the bed of public waters for pasture or cropland during periods of drought if:
(1) dikes, ditches, tile lines, or buildings are not constructed; and
(2) the agricultural use does not result in the drainage of the public waters.
History:
1990 c 391 art 7 s 16
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.216 — Reporting Fish Kills In Public Waters.

103G.216 REPORTING FISH KILLS IN PUBLIC WATERS.
Subdivision 1.
Definition.
For the purposes of this section and section 103G.2165, "fish kill" means an incident resulting in the death of 25 or more fish within one linear mile of a flowing water or 25 or more fish within a square mile of a nonflowing water, excluding fish lawfully taken under the game and fish laws.
Subd. 2.
Reporting requirement.
A state or county staff person or official who learns of a fish kill in public waters must report the location of the fish kill to the Minnesota state duty officer within one hour of being notified of a fish kill or within four hours of first observing the fish kill. The Minnesota state duty officer must alert the Departments of Agriculture, Health, and Natural Resources and the Pollution Control Agency of the location of the fish kill within one hour of being notified of the fish kill. When a fish kill is reported, it must be posted to the
EQB Monitor
in the next scheduled posting.
History:
2023 c 60 art 4 s 82
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.217 — Driftless Area; Water Resources.

103G.217 DRIFTLESS AREA; WATER RESOURCES.
(a) Groundwater discharge from natural springs and seepage areas in the driftless area of Minnesota, corresponding to the area of the state contained within the boundaries of the Department of Natural Resources Paleozoic plateau ecological section, is vital to sustaining the coldwater aquatic ecosystems in the region, as well as the recreational, commercial, agricultural, environmental, aesthetic, and economic well-being of the region.
(b) Within the boundaries of the Department of Natural Resources Paleozoic plateau ecological section, no excavation or mining of silica sand, including, but not limited to, digging, excavating, mining, drilling, blasting, tunneling, dredging, stripping, or shafting, may occur within one mile of a designated trout stream as listed in Minnesota Rules unless a silica sand mining trout stream setback permit has been issued by the commissioner.
(c) Before issuing a permit under this section, the commissioner shall:
(1) require a project proposer to do a hydrogeological evaluation and collect any other information necessary to assess potential impacts to hydrogeological features, including private and public drinking water supply wells; and
(2) identify appropriate setbacks from designated trout streams, springs, and other hydrogeologic features and any other restrictions necessary to protect trout stream water quantity, quality, and habitat.
(d) The commissioner may assess the project proposer fees to cover the reasonable costs of duties performed under this section.
History:
2013 c 114 art 4 s 66
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.221 — Draining Public Waters Wetlands.

103G.221 DRAINING PUBLIC WATERS WETLANDS.
Subdivision 1.
Draining public waters wetlands prohibited without replacement.
Public waters wetlands may not be drained, and a permit authorizing drainage of public waters wetlands may not be issued, unless the public waters wetlands to be drained are replaced by wetlands that will have equal or greater public value.
Subd. 2.
[Repealed, 1991 c 354 art 10 s 12]
Subd. 3.
[Repealed, 1991 c 354 art 10 s 12]
History:
1990 c 391 art 7 s 17; 1999 c 86 art 1 s 19
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.2212 — Contractor's Responsibility When Work Drains Or Fills Wetlands.

103G.2212 CONTRACTOR'S RESPONSIBILITY WHEN WORK DRAINS OR FILLS WETLANDS.
Subdivision 1.
Conditions to drain or fill wetlands.
An agent or employee of another may not drain or fill a wetland, wholly or partially, unless the agent or employee has:
(1) obtained a signed statement from the property owner stating that the wetland replacement plan required for the work has been obtained or that a replacement plan is not required; and
(2) mailed or sent by electronic transmission a copy of the statement to the local government unit with jurisdiction over the wetland.
Subd. 2.
Violation; separate offense.
Violation of this section is a separate and independent offense from other violations of sections 103G.2212 to 103G.237.
Subd. 3.
Form for compliance.
The board shall develop a form to be distributed to contractors' associations, local government units, and soil and water conservation districts to comply with this section. The form must include:
(1) a listing of the activities for which a replacement plan is required;
(2) a description of the penalties for violating sections 103G.2212 to 103G.237;
(3) the telephone number to call for information on the responsible local government unit;
(4) a statement that national wetland inventory maps are on file with the soil and water conservation district office; and
(5) spaces for a description of the work and the names, mailing addresses or other contact information, and telephone numbers of the person authorizing the work and the agent or employee proposing to undertake it.
History:
2000 c 382 s 4; 2011 c 107 s 65
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.223 — Calcareous Fens.

103G.223 CALCAREOUS FENS.
(a) Calcareous fens, as identified by the commissioner by written order published in the State Register, may not be filled, drained, or otherwise degraded, wholly or partially, by any activity, unless the commissioner, under an approved management plan, decides some alteration is necessary or as provided in paragraph (b). Identifications made by the commissioner are not subject to the rulemaking provisions of chapter 14, and section 14.386 does not apply.
(b) The commissioner may allow water appropriations that result in temporary reductions in groundwater resources on a seasonal basis under an approved calcareous fen management plan.
History:
1991 c 354 art 6 s 9; 2004 c 221 s 43; 2017 c 93 art 2 s 112
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.2244 — Wetland Creation Or Restoration Within Pipeline Easement.

103G.2244 WETLAND CREATION OR RESTORATION WITHIN PIPELINE EASEMENT.
A person proposing to create or restore a wetland within the easement of a pipeline as defined in section 299J.02, subdivision 11, shall first notify the easement holder and the director of the Office of Pipeline Safety in writing. The person may not create or restore the wetland if, within 90 days after receiving the required notice, the easement holder or the director of the Office of Pipeline Safety provides to the person a written notice of objection that includes the reasons for the objection.
History:
1996 c 462 s 34
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.225 — State Wetlands And Public Drainage Systems.

103G.225 STATE WETLANDS AND PUBLIC DRAINAGE SYSTEMS.
If the state owns public waters wetlands on or adjacent to existing public drainage systems, the state shall consider the use of the public waters wetlands as part of the drainage system. If the public waters wetlands interfere with or prevent the authorized functioning of the public drainage system, the state shall provide for necessary work to allow proper use and maintenance of the drainage system while still preserving the public waters wetlands.
History:
1990 c 391 art 7 s 18; 1991 c 354 art 6 s 12
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.2251 — State Conservation Easements; Wetland Bank Credit.

103G.2251 STATE CONSERVATION EASEMENTS; WETLAND BANK CREDIT.
In greater than 80 percent areas, preservation of wetlands, riparian buffers, and watershed areas essential to maintaining important functions and sustainability of aquatic resources in the watershed that are protected by a permanent conservation easement as defined under section 84C.01 and held by the board may be eligible for wetland replacement or mitigation credits, according to rules adopted by the board. To be eligible for credit under this section, a conservation easement must be established after May 24, 2008, and approved by the board. Wetland areas on private lands preserved under this section are not eligible for replacement or mitigation credit if the area has been protected using public conservation funds.
History:
2008 c 357 s 26; 2008 c 368 art 1 s 14; 2011 c 107 s 74; 1Sp2015 c 4 art 4 s 90
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.231 — Property Owner's Use Of Public Waters Wetlands.

103G.231 PROPERTY OWNER'S USE OF PUBLIC WATERS WETLANDS.
Subdivision 1.
Agricultural use during drought.
A property owner may use the bed of public waters wetlands for pasture or cropland during periods of drought if:
(1) dikes, ditches, tile lines, or buildings are not constructed; and
(2) the agricultural use does not result in the drainage of the public waters wetlands.
Subd. 2.
Filling for irrigation booms.
A landowner may fill a public waters wetland to accommodate wheeled booms on irrigation devices if the fill does not impede normal drainage.
Subd. 3.
Peat mining.
Peat mining, as defined in section 93.461, is permitted subject to the mine permit and reclamation requirements of sections 93.44 to 93.51, and the rules adopted under those restrictions, except as provided for in sections 84.035 and 84.036.
History:
1990 c 391 art 7 s 19; 1991 c 354 art 6 s 13; art 8 s 3
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.235 — Restrictions On Access To Wetlands.

103G.235 RESTRICTIONS ON ACCESS TO WETLANDS.
Subdivision 1.
Wetlands adjacent to roads.
To protect the public health or safety, local units of government may by ordinance restrict public access to public waters wetlands from municipality, county, or township roads that abut public waters wetlands.
Subd. 2.
Privately restored or created wetlands.
When a landowner creates a new wetland or restores a formerly existing wetland on private land that is adjacent to public land or a public road right-of-way, there is no public access to the created or restored wetland if posted by the landowner.
History:
1990 c 391 art 7 s 20; 1991 c 354 art 6 s 14; 2007 c 57 art 1 s 134
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.2364 — Property Owner's Use Of Wetlands.

103G.2364 PROPERTY OWNER'S USE OF WETLANDS.
(a) A property owner may use the bed of wetlands for pasture or cropland during periods of drought if:
(1) dikes, ditches, tile lines, or buildings are not constructed; and
(2) the agricultural use does not result in the drainage of the wetlands.
(b) A landowner may fill a wetland to accommodate wheeled booms on irrigation devices if the fill does not impede normal drainage.
History:
1991 c 354 art 6 s 15
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.2365 — Controlling Noxious Weeds.

103G.2365 CONTROLLING NOXIOUS WEEDS.
Noxious weeds, as defined in section 18.77, subdivision 8, must be controlled on wetlands as required in section 18.78.
History:
1991 c 354 art 6 s 16; 1995 c 186 s 30
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.2372 — Enforcement.

103G.2372 ENFORCEMENT.
Subdivision 1.
Authority; orders.
(a) The commissioner of natural resources, conservation officers, and peace officers shall enforce laws preserving and protecting groundwater quantity, wetlands, and public waters. The commissioner of natural resources, a conservation officer, or a peace officer may issue a cease and desist order to stop any illegal activity adversely affecting groundwater quantity, a wetland, or public waters.
(b) In the order, or by separate order, the commissioner, conservation officer, or peace officer may require restoration or replacement of the wetland or public waters, as determined by the local soil and water conservation district for wetlands and the commissioner of natural resources for public waters. Restoration or replacement orders may be recorded or filed in the office of the county recorder or registrar of titles, as appropriate, in the county where the real property is located by the commissioner of natural resources, conservation officers, or peace officers as a deed restriction on the property that runs with the land and is binding on the owners, successors, and assigns until the conditions of the order are met or the order is rescinded. Notwithstanding section 386.77, the agency shall pay the applicable filing fee for any document filed under this section.
(c) If a court has ruled that there has not been a violation of the restoration or replacement order, an order may not be recorded or filed under this section.
(d) The commissioner must remove a deed restriction filed or recorded under this section on homesteaded property if the owner requests that it be removed and a court has found that the owner of the property is not guilty or that there has not been a violation of the restoration or replacement order. Within 30 days of receiving the request for removal from the owner, the commissioner must contact, in writing, the office of the county recorder or registrar of titles where the order is recorded or filed, along with all applicable fees, and have the order removed. Within 30 days of receiving notification from the office of the county recorder or registrar of titles that the order has been removed, the commissioner must inform the owner that the order has been removed and provide the owner with a copy of any documentation provided by the office of the county recorder or registrar of titles.
Subd. 2.
Misdemeanor.
A violation of an order issued under subdivision 1 is a misdemeanor and must be prosecuted by the county attorney where the wetland or public waters are located or the illegal activity occurred.
Subd. 3.
Restitution.
The court may, as part of sentencing, require a person convicted under subdivision 2 to restore or replace the wetland or public waters, as determined by the local soil and water conservation district for wetlands and the commissioner of natural resources for public waters.
History:
1991 c 354 art 6 s 18; 2000 c 382 s 15; 2001 c 146 s 8; 2005 c 138 s 2; 2017 c 93 art 2 s 115
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.2374 — Electronic Transmission.

103G.2374 ELECTRONIC TRANSMISSION.
For purposes of sections 103G.2212 to 103G.2372, notices and other documents may be sent by electronic transmission unless the recipient has provided a mailing address and specified that mailing is preferred.
History:
2011 c 107 s 75
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.2375 — Assumption Of Section 404 Of Federal Clean Water Act.

103G.2375 ASSUMPTION OF SECTION 404 OF FEDERAL CLEAN WATER ACT.
Notwithstanding any other law to the contrary, the Board of Water and Soil Resources, in consultation with the commissioners of natural resources, agriculture, and the Pollution Control Agency, may adopt or amend rules establishing a program for regulating the discharge of dredged and fill material into the waters of the state as necessary to obtain approval from the United States Environmental Protection Agency to administer, in whole or part, the permitting and wetland banking programs under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344. The rules may not be more restrictive than the program under section 404 or state law.
History:
2012 c 272 s 45
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.241 — Contractor's Responsibility When Work Affects Public Waters.

103G.241 CONTRACTOR'S RESPONSIBILITY WHEN WORK AFFECTS PUBLIC WATERS.
Subdivision 1.
Conditions to affect public waters.
An agent or employee of another may not construct, reconstruct, remove, or make a change in a reservoir, dam, or waterway obstruction on a public water or in any manner change or diminish the course, current, or cross section of public waters unless the agent or employee has:
(1) obtained a signed statement from the property owner stating that the permits required for the work have been obtained or a permit is not required; and
(2) mailed or electronically transmitted a copy of the statement to the regional office of the Department of Natural Resources where the proposed work is located.
Subd. 2.
Violation; separate offense.
Violation of this section is a separate and independent offense from other violations of this chapter.
Subd. 3.
Form for compliance.
The commissioner shall develop a form to be distributed to contractors' associations and county auditors to comply with this section. The form must include:
(1) a listing of the activities for which a permit is required;
(2) a description of the penalties for violating this chapter;
(3) the mailing addresses, electronic mail addresses, and telephone numbers of the regional offices of the Department of Natural Resources;
(4) a statement that water inventory maps completed according to section 103G.201 are on file with the auditors of the counties; and
(5) spaces for a description of the work and the names, mailing addresses, electronic mail addresses, and telephone numbers of the person authorizing the work and the agent or employee proposing to undertake it.
History:
1990 c 391 art 7 s 21; 1Sp2019 c 4 art 3 s 86,87
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.251 — Investigating Activities Affecting Waters Of The State.

103G.251 INVESTIGATING ACTIVITIES AFFECTING WATERS OF THE STATE.
Subdivision 1.
Investigations.
If the commissioner determines that an investigation is in the public interest, the commissioner may investigate and monitor activities being conducted with or without a permit that may affect waters of the state.
Subd. 2.
Findings and order.
(a) With or without a public hearing, the commissioner may make findings and issue orders related to activities being conducted without a permit that affect waters of the state as otherwise authorized under this chapter.
(b) A copy of the findings and order must be served on the person to whom the order is issued.
(c) If the commissioner issues the findings and order without a hearing, the person to whom the order is issued may file a demand for a hearing with the commissioner. The demand for a hearing must be accompanied by the bond as provided in section 103G.311, subdivision 6, and the hearing must be held in the same manner and with the same requirements as a hearing held under section 103G.311, subdivision 5. The demand for a hearing and bond must be filed by 30 days after the person is served with a copy of the commissioner's order.
(d) The hearing must be conducted as a contested case hearing under chapter 14.
(e) If the person to whom the order is addressed does not demand a hearing or demands a hearing but fails to file the required bond:
(1) the commissioner's order becomes final at the end of 30 days after the person is served with the order; and
(2) the person may not appeal the order.
(f) An order of the commissioner may be recorded or filed by the commissioner in the office of the county recorder or registrar of titles, as appropriate, in the county where the real property is located as a deed restriction on the property that runs with the land and is binding on the owners, successors, and assigns until the conditions of the order are met or the order is rescinded.
History:
1990 c 391 art 7 s 23; 1993 c 186 s 16; 2005 c 138 s 4; 2014 c 312 art 13 s 19
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.255 — Allocating And Controlling Waters Of The State.

103G.255 ALLOCATING AND CONTROLLING WATERS OF THE STATE.
The commissioner shall administer:
(1) the use, allocation, and control of waters of the state;
(2) the establishment, maintenance, and control of lake levels and water storage reservoirs; and
(3) the determination of the ordinary high-water level of waters of the state.
History:
1990 c 391 art 7 s 24; 1993 c 186 s 16
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.261 — Water Allocation Priorities.

103G.261 WATER ALLOCATION PRIORITIES.
(a) The commissioner shall adopt rules for allocation of waters based on the following priorities for the consumptive appropriation and use of water:
(1) first priority, domestic water supply, excluding industrial and commercial uses of municipal water supply, and use for power production that meets the contingency planning provisions of section 103G.285, subdivision 6;
(2) second priority, a use of water that involves consumption of less than 10,000 gallons of water per day;
(3) third priority, agricultural irrigation, and processing of agricultural products involving consumption in excess of 10,000 gallons per day;
(4) fourth priority, power production in excess of the use provided for in the contingency plan developed under section 103G.285, subdivision 6;
(5) fifth priority, uses, other than agricultural irrigation, processing of agricultural products, and power production, involving consumption in excess of 10,000 gallons per day; and
(6) sixth priority, nonessential uses.
(b) For the purposes of this section, "consumption" means water withdrawn from a supply that is lost for immediate further use in the area.
(c) Appropriation and use of surface water from streams during periods of flood flows and high water levels must be encouraged subject to consideration of the purposes for use, quantities to be used, and the number of persons appropriating water.
(d) Appropriation and use of surface water from lakes of less than 500 acres in surface area must be discouraged.
(e) The treatment and reuse of water for nonconsumptive uses shall be encouraged.
History:
1989 c 326 art 4 s 1; 1990 c 391 art 7 s 25; 1990 c 426 art 1 s 13; 1993 c 186 s 1; 2012 c 272 s 48
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.27 — Water Management Account.

103G.27 WATER MANAGEMENT ACCOUNT.
Subdivision 1.
Account established; sources.
The water management account is created in the natural resources fund in the state treasury. Revenues collected from permit application fees, water use fees, field inspection fees, penalties, and other receipts according to sections 103G.271 and 103G.301 shall be deposited in the account. Interest earned on money in the account accrues to the account.
Subd. 2.
Purposes of account.
Money in the water management account may be spent only for the costs associated with administering this chapter.
History:
1Sp2011 c 2 art 4 s 13
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.275 — Installation For Water Use.

103G.275 INSTALLATION FOR WATER USE.
Subdivision 1.
Permit required.
The owner of an installation for appropriating or using waters of the state may not increase the pumping capacity or make any major change in the installation without first applying in writing for, and obtaining, the written permit of the commissioner.
Subd. 2.
Water use; data statement.
The owner or person in charge of an installation for appropriating or using waters of the state, whether or not under use permit, must file a water use data statement with the commissioner. The statement must be filed at the time the commissioner determines necessary for the statewide water information system. The water use data statement must be on forms provided by the commissioner and identify the installation's location, its capacity, the purposes for which it is used, and additional information required by the commissioner.
Subd. 3.
Commissioner's examinations.
The commissioner may examine an installation that appropriates or uses surface water or groundwater. The owner of the installation must provide information required by the commissioner.
History:
1990 c 391 art 7 s 28; 1995 c 218 s 11
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.281 — Water Use Prohibited Without Measuring Quantities.

103G.281 WATER USE PROHIBITED WITHOUT MEASURING QUANTITIES.
Subdivision 1.
Measuring and records required.
The state, a political subdivision of the state, a person, partnership, public or private corporation, or association may not appropriate or use waters of the state without measuring and keeping a record of the quantity of water used or appropriated as provided in section 103G.271 or 103G.275.
Subd. 2.
Measuring equipment required.
An installation for appropriating or using water must be equipped with a flow meter to measure the quantity of water appropriated within the degree of accuracy required by rule. The commissioner can determine other methods to be used for measuring water quantity based on the quantity of water appropriated or used, the source of water, the method of appropriating or using water, and any other facts supplied to the commissioner.
Subd. 3.
Report.
(a) Records of the amount of water appropriated or used must be kept for each installation. The readings and the total amount of water appropriated must be reported annually to the commissioner on or before February 15 of the following year on forms provided by the commissioner.
(b) The records must be submitted with the annual water-use permit processing fee in section 103G.271.
Subd. 4.
Penalty for noncompliance.
The commissioner may assess penalties for noncompliant reporting of water use information as provided in this section. The penalty is ten percent of the annual water-use permit processing fee.
History:
1990 c 391 art 7 s 29; 1990 c 597 s 66; 2014 c 312 art 13 s 22
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.282 — Monitoring To Evaluate Impacts From Appropriations.

103G.282 MONITORING TO EVALUATE IMPACTS FROM APPROPRIATIONS.
Subdivision 1.
Monitoring equipment.
The commissioner may require the installation and maintenance of monitoring equipment to evaluate water resource impacts from permitted appropriations and proposed projects that require a permit. Monitoring for water resources that supply more than one appropriator must be designed to minimize costs to individual appropriators. The cost of drilling additional monitoring wells must be shared proportionally by all permit holders that are directly affecting a particular water resources feature.
Subd. 2.
Measuring devices required.
Monitoring installations required under subdivision 1 must be equipped with automated measuring devices to measure water levels, flows, or conditions. The commissioner may determine the frequency of measurements and other measuring methods based on the quantity of water appropriated or used, the source of water, potential connections to other water resources, the method of appropriating or using water, seasonal and long-term changes in water levels, and any other facts supplied to the commissioner.
Subd. 3.
Reports and costs.
(a) Records of water measurements under subdivision 2 must be kept for each installation. The measurements must be reported annually to the commissioner on or before February 15 of the following year in a format or on forms prescribed by the commissioner.
(b) The owner or person in charge of an installation for appropriating or using waters of the state or a proposal that requires a permit is responsible for all costs related to establishing and maintaining monitoring installations and to measuring and reporting data. Monitoring costs for water resources that supply more than one appropriator may be distributed among all users within a monitoring area determined by the commissioner and assessed based on volumes of water appropriated and proximity to resources of concern.
History:
2010 c 361 art 4 s 53; 2012 c 272 s 51
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.285 — Surface Water Appropriations.

103G.285 SURFACE WATER APPROPRIATIONS.
Subdivision 1.
Waiver.
The commissioner may waive a limitation or requirement in subdivisions 2 to 6 for just cause.
Subd. 2.
Natural and altered natural watercourses.
If data are available, permits to appropriate water from natural and altered natural watercourses must be limited so that consumptive appropriations are not made from the watercourses during periods of specified low flows. The purpose of the limit is to safeguard water availability for in-stream uses and for downstream higher priority users located reasonably near the site of appropriation.
Subd. 3.
Water basins.
(a) Permits to appropriate water from water basins must be limited so that the collective annual withdrawals do not exceed a total volume of water amounting to one-half acre-foot per acre of water basin based on Minnesota Department of Conservation Bulletin No. 25, "An Inventory of Minnesota Lakes," published in 1968.
(b) As a condition to a surface water appropriation permit, the commissioner shall set a protective elevation for the water basin, below which an appropriation is not allowed. During the determination of the protective elevation, the commissioner shall consider:
(1) the elevation of important aquatic vegetation characteristics related to fish and wildlife habitat;
(2) existing uses of the water basin by the public and riparian landowners; and
(3) the total volume within the water basin and the slope of the littoral zone.
Subd. 4.
Water basins less than 500 acres.
As part of an application for appropriation of water from a water basin less than 500 acres in surface area, the applicant shall obtain a statement of support with as many signatures as the applicant can obtain from property owners with property riparian to the water basin. The statement of support must:
(1) state support for the proposed appropriation; and
(2) show the number of property owners whose signatures the applicant could not obtain.
Subd. 5.
Trout streams.
Permits issued after June 3, 1977, to appropriate water from streams designated trout streams by the commissioner's orders under section 97C.005 must be limited to temporary appropriations.
Subd. 6.
Contingency planning.
An application for use of surface waters of the state is not complete until the applicant submits, as part of the application, a contingency plan that describes the alternatives the applicant will use if further appropriation is restricted due to the flow of the stream or the level of a water basin. A surface water appropriation may not be allowed unless the contingency plan is feasible or the permittee agrees to withstand the results of not being able to appropriate water.
History:
1990 c 391 art 7 s 30; 2010 c 361 art 4 s 54
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.289 — Well Interference; Well Sealing.

103G.289 WELL INTERFERENCE; WELL SEALING.
The commissioner shall not validate a well interference claim if the affected well has been sealed prior to the completion of the commissioner's investigation of the complaint. If the well is sealed prior to completion of the investigation, the commissioner must dismiss the complaint.
History:
1Sp2015 c 4 art 4 s 96
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.293 — Statewide Drought Plan.

103G.293 STATEWIDE DROUGHT PLAN.
The commissioner shall establish a plan to respond to drought-related emergencies and to prepare a statewide framework for drought response. The plan must consider metropolitan water supply plans of the Metropolitan Council prepared under section 473.1565. The plan must provide a framework for implementing drought response actions in a staged approach related to decreasing levels of flows. Permits issued under section 103G.271 must provide conditions on water appropriation consistent with the drought response plan established by this section.
History:
1990 c 391 art 10 s 3; 1990 c 434 s 1; 1993 c 13 art 1 s 23; 2006 c 212 art 3 s 7
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.298 — Landscape Irrigation Systems.

103G.298 LANDSCAPE IRRIGATION SYSTEMS.
All automatically operated landscape irrigation systems shall have furnished and installed technology that inhibits or interrupts operation of the landscape irrigation system during periods of sufficient moisture. The technology must be adjustable either by the end user or the professional practitioner of landscape irrigation services.
History:
2003 c 44 s 1
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.305 — Time Limit To Act On Water-use Permit Application.

103G.305 TIME LIMIT TO ACT ON WATER-USE PERMIT APPLICATION.
Subdivision 1.
General 150-day limit.
(a) Except as provided in subdivision 2, the commissioner must act on a water-use permit within 150 days after the completed application for the permit has been submitted. Within 30 business days of application for a water-use permit, the commissioner shall notify the applicant, in writing, whether the application is complete or incomplete.
(b) The commissioner must direct a hearing to be held on a water-use permit application or make an order issuing a permit or denying a permit.
Subd. 2.
Exception.
The requirements of subdivision 1 do not apply to applications for a water-use permit for:
(1) appropriations for diversion from the basin of origin of more than 2,000,000 gallons per day average in a 30-day period; or
(2) appropriations with a consumptive use of more than 2,000,000 gallons per day average for a 30-day period.
History:
1990 c 391 art 7 s 35; 1993 c 186 s 16; 2010 c 361 art 4 s 57; 2014 c 289 s 57
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.401 — Application To Establish Lake Levels.

103G.401 APPLICATION TO ESTABLISH LAKE LEVELS.
(a) Applications for authority to establish and maintain levels of public waters and applications to establish the natural ordinary high-water level of public waters may be made to the commissioner by a public body or authority or by a majority of the riparian owners on the public waters.
(b) To conserve or utilize the water resources of the state, the commissioner may initiate proceedings to establish and maintain the level of public waters.
(c) When establishing an ordinary high-water level, the commissioner must provide written or electronic notice of the order to the local units of government where the public water is located.
History:
1990 c 391 art 7 s 38; 1Sp2021 c 6 art 2 s 83
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.405 — Water Level Control For Landlocked Lakes.

103G.405 WATER LEVEL CONTROL FOR LANDLOCKED LAKES.
(a) Except as provided in paragraph (c), the commissioner must issue a water level control permit to establish a control elevation for a landlocked lake below the ordinary high-water level for the lake if:
(1) the commissioner finds that:
(i) the control is necessary to prevent adverse impacts to the lake or adjoining property;
(ii) other reasonable or cost-effective alternatives are not available; and
(iii) natural resource or hydrologic conditions exist in the watershed that would limit the potential for continuous discharge of excess waters from the lake; and
(2) the outlet and discharge of excess waters is addressed in an approved water management plan under chapter 103B or 103D.
(b) In addition to the requirements in section 103G.301, subdivision 6, if the proposed control elevation is more than 1-1/2 feet below the ordinary high-water level, the permit applicant shall serve a copy of the application on each county and municipality within which any portion of the lake is located and the lake improvement district, if one exists.
(c) The commissioner may not issue a permit to establish a control elevation more than 1-1/2 feet below the ordinary high-water level of a lake if a county, municipality, watershed district, or lake improvement district required to be served under paragraph (b) or section 103G.301, subdivision 6, files a written objection to the issuance of the permit with the commissioner within 30 days after receiving a copy of the application.
History:
1990 c 391 art 7 s 39; 1996 c 407 s 45
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.407 — Water Level Control For Public Waters With Outlet.

103G.407 WATER LEVEL CONTROL FOR PUBLIC WATERS WITH OUTLET.
(a) The commissioner, upon due consideration of recommendations and objections as provided in paragraph (c), may issue a public-waters-work permit to establish a control elevation for a public water with an outlet that is different than any previously existing or established control level when:
(1) all of the property abutting the ordinary high-water mark of the public water is in public ownership or the public entity has obtained permanent flowage easements; and
(2) the commissioner finds that the proposed change in the control level is in the public interest and causes minimal adverse environmental impact.
(b) In addition to the requirements in section 103G.301, subdivision 6, if the proposed control elevation differs from any historical control level, the permit applicant shall serve a copy of the application on each county and municipality within which any portion of the lake is located and on the lake improvement district, if one exists.
(c) A county, municipality, watershed district, watershed management organization, or lake improvement district required to be served under paragraph (b) or section 103G.301, subdivision 6, may file a written recommendation for the issuance of the permit or an objection to the issuance of the permit with the commissioner within 30 days after receiving a copy of the application.
History:
2004 c 262 art 2 s 6
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103G — Waters Of The State › Section 103G.408 — Temporary Drawdown Of Public Waters.

103G.408 TEMPORARY DRAWDOWN OF PUBLIC WATERS.
(a) The commissioner, upon consideration of recommendations and objections as provided in clause (2), item (iii), and paragraph (c), may issue a public-waters-work permit for the temporary drawdown of a public water when:
(1) the public water is a shallow lake to be managed for fish, wildlife, or ecological purposes by the commissioner and the commissioner has conducted a public hearing presenting a comprehensive management plan outlining how and when temporary drawdowns under this section will be conducted; or
(2) the permit applicant is a public entity and:
(i) the commissioner deems the project to be beneficial and makes findings of fact that the drawdown is in the public interest;
(ii) the permit applicant has obtained permission from at least 75 percent of the riparian landowners; and
(iii) the permit applicant has conducted a public hearing according to paragraph (d).
(b) In addition to the requirements in section 103G.301, subdivision 6, the permit applicant shall serve a copy of the application on each county, municipality, and watershed management organization, if one exists, within which any portion of the public water is located and on the lake improvement district, if one exists.
(c) A county, municipality, watershed district, watershed management organization, or lake improvement district required to be served under paragraph (b) or section 103G.301, subdivision 6, may file a written recommendation for the issuance of a permit or an objection to the issuance of a permit with the commissioner within 30 days after receiving a copy of the application.
(d) The hearing notice for a public hearing under paragraph (a), clause (2), item (iii), must:
(1) include the date, place, and time for the hearing;
(2) include the waters affected and a description of the proposed project;
(3) be mailed or electronically transmitted to the director, the county auditor, the clerk or mayor of a municipality, the lake improvement district if one exists, the watershed district or water management organization, the soil and water conservation district, and all riparian owners of record affected by the application; and
(4) be published in a newspaper of general circulation in the affected area.
(e) Periodic temporary drawdowns conducted under paragraph (a) are not considered takings from riparian landowners.
(f) This section does not apply to public waters that have been designated for wildlife management under section 97A.101.
History:
2009 c 48 s 1; 2012 c 277 art 1 s 80; 1Sp2019 c 4 art 3 s 93