Water Policy and Information (Minnesota Statutes: Chapter 103A)

CHAPTER 103A​ WATER POLICY AND INFORMATION​ GENERAL PROVISIONS​ EFFECT OF CHAPTER 103A ON WATER LAW.​103A.001​ WATER POLICY​ REGULATORY POLICY.​103A.201​ WETLAND POLICY.​103A.202​ HYDROPOWER POLICY.​103A.203​ GROUNDWATER POLICY.​103A.204​ CONSERVATION POLICY FOR RAINWATER.​103A.205​ SOIL AND WATER CONSERVATION POLICY.​103A.206​ FLOODPLAIN MANAGEMENT POLICY.​103A.207​ SCENIC RIVER PROTECTION POLICY.​103A.208​ MARGINAL, ERODIBLE LAND RETIREMENT​ POLICY.​ 103A.209​ WATER LAW POLICY.​103A.211​ WATERSHED MANAGEMENT POLICY.​103A.212​ DETERMINING WATER LAW AND POLICY​ DEFINITIONS.​103A.301​ JURISDICTION.​103A.305​ PETITION FOR INTERVENTION.​103A.311​ COURT REFERRALS.​103A.315​ PETITION ABATES PROCEEDING UNTIL BOARD​ ACTS.​ 103A.321​ BOARD DECISION TO INTERVENE.​103A.325​ HEARING AND DETERMINATION.​103A.331​ FILING, NOTICE, AND PROCEDURE.​103A.335​ FINDINGS BY BOARD.​103A.341​ WATER INFORMATION​ STATEWIDE WATER INFORMATION SYSTEM.​103A.401​ STATEWIDE NITRATE DATA.​103A.403​ DIRECTOR'S APPROVAL FOR FEDERAL WATER​ DATA AGREEMENTS.​ 103A.405​ PUMPING TEST AND DATA ACQUISITION;​ TRAINING PROGRAMS.​ 103A.411​ WATER ASSESSMENTS AND REPORTS.​103A.43​ GENERAL PROVISIONS​ 103A.001 EFFECT OF CHAPTER 103A ON WATER LAW.​ Chapters 103A, 103B, 103C, 103D, 103E, 103F, and 103G constitute the water law of this state and​ may be cited as the "Water Law."​ History: 1990 c 391 art 1 s 1​ WATER POLICY​ 103A.201 REGULATORY POLICY.​ Subdivision 1. Policy. To conserve and use water resources of the state in the best interests of its people,​ and to promote the public health, safety, and welfare, it is the policy of the state that:​ (1) subject to existing rights, public waters are subject to the control of the state;​ (2) the state, to the extent provided by law, shall control the appropriation and use of waters of the state;​ and​ (3) the state shall control and supervise activity that changes or will change the course, current, or cross​ section of public waters, including the construction, reconstruction, repair, removal, abandonment, alteration,​ or the transfer of ownership of dams, reservoirs, control structures, and waterway obstructions in public​ waters.​ Subd. 2. Wetlands findings; public interest. (a) Wetlands identified in the state under section 103G.005,​ subdivision 19, do not:​ (1) grant the public additional or greater right of access to the wetlands;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103A.201​MINNESOTA STATUTES 2018​1​ (2) diminish the right of ownership or usage of the beds underlying the wetlands, except as otherwise​ provided by law;​ (3) affect state law forbidding trespass on private lands; and​ (4) require the commissioner to acquire access to the wetlands.​ (b) The legislature finds that the wetlands of Minnesota provide public value by conserving surface​ waters, maintaining and improving water quality, preserving wildlife habitat, providing recreational​ opportunities, reducing runoff, providing for floodwater retention, reducing stream sedimentation, contributing​ to improved subsurface moisture, helping moderate climatic change, and enhancing the natural beauty of​ the landscape, and are important to comprehensive water management, and that it is in the public interest​ to:​ (1) achieve no net loss in the quantity, quality, and biological diversity of Minnesota's existing wetlands;​ (2) increase the quantity, quality, and biological diversity of Minnesota's wetlands by restoring or​ enhancing diminished or drained wetlands;​ (3) avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and​ biological diversity of wetlands; and​ (4) replace wetland values where avoidance of activity is not feasible and prudent.​ History: 1990 c 391 art 1 s 2; 1991 c 354 art 1 s 2​ 103A.202 WETLAND POLICY.​ The legislature finds that it is in the public interest to preserve the wetlands of the state to conserve​ surface waters, maintain and improve water quality, preserve wildlife habitat, reduce runoff, provide for​ floodwater retention, reduce stream sedimentation, contribute to improved subsurface moisture, enhance​ the natural beauty of the landscape, and promote comprehensive and total water management planning.​ History: 1990 c 391 art 1 s 3​ 103A.203 HYDROPOWER POLICY.​ The legislature finds that:​ (1) the public health, safety, and welfare of the state are 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.​ History: 1990 c 391 art 1 s 4​ 103A.204 GROUNDWATER POLICY.​ (a) The responsibility for the protection of groundwater in Minnesota is vested in a multiagency approach​ to management. The following is a list of agencies and the groundwater protection areas for which the​ agencies are primarily responsible; the list is not intended to restrict the areas of responsibility to only those​ specified:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 2​MINNESOTA STATUTES 2018​103A.201​ (1) Environmental Quality Board: coordination of state groundwater protection programs;​ (2) Pollution Control Agency: water quality monitoring and reporting and the development of best​ management practices and regulatory mechanisms for protection of groundwater from nonagricultural​ chemical contaminants;​ (3) Department of Agriculture: sustainable agriculture, integrated pest management, water quality​ monitoring, and the development of best management practices and regulatory mechanisms for protection​ of groundwater from agricultural chemical contaminants;​ (4) Board of Water and Soil Resources: reporting on groundwater education and outreach with local​ government officials, local water planning and management, and local cost share programs;​ (5) Department of Natural Resources: water quantity monitoring and regulation, sensitivity mapping,​ and development of a plan for the use of integrated pest management and sustainable agriculture on​ state-owned lands; and​ (6) Department of Health: regulation of wells and borings, and the development of health risk limits​ under section 103H.201.​ (b) The Environmental Quality Board shall prepare a report on policy issues related to its responsibilities​ listed in paragraph (a), and include these reports with the assessments in section 103A.43 and the "Minnesota​ Water Plan" in section 103B.151.​ History: 1994 c 557 s 11; 2008 c 363 art 5 s 14​ 103A.205 CONSERVATION POLICY FOR RAINWATER.​ It is the policy of the state to promote the retention and conservation of all water precipitated from the​ atmosphere in the areas where it falls, as far as practicable. Except as otherwise expressly provided, all​ officers, departments, and other agencies of the state or political subdivisions having any authority or means​ for constructing, maintaining, or operating dams or other works or engaging in other projects or operations​ affecting precipitated water shall use the authority, as far as practicable, to effectuate the policy in this​ section.​ History: 1990 c 391 art 1 s 5​ 103A.206 SOIL AND WATER CONSERVATION POLICY.​ Maintaining and enhancing the quality of soil and water for the environmental and economic benefits​ they produce, preventing degradation, and restoring degraded soil and water resources of this state contribute​ greatly to the health, safety, economic well-being, and general welfare of this state and its citizens. Land​ occupiers have the responsibility to implement practices that conserve the soil and water resources of the​ state. Soil and water conservation measures implemented on private lands in this state provide benefits to​ the general public by reducing erosion, sedimentation, siltation, water pollution, and damages caused by​ floods. The soil and water conservation policy of the state is to encourage land occupiers to conserve soil,​ water, and the natural resources they support through the implementation of practices that:​ (1) control or prevent erosion, sedimentation, siltation, and related pollution in order to preserve natural​ resources;​ (2) ensure continued soil health, as defined under section 103C.101, subdivision 10a, and soil productivity;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103A.206​MINNESOTA STATUTES 2018​3​ (3) protect water quality;​ (4) prevent impairment of dams and reservoirs;​ (5) reduce damages caused by floods;​ (6) preserve wildlife;​ (7) protect the tax base; and​ (8) protect public lands and waters.​ History: 1990 c 391 art 1 s 6; 2003 c 104 s 1; 1Sp2015 c 2 art 2 s 10​ 103A.207 FLOODPLAIN MANAGEMENT POLICY.​ (a) It is the policy of this state to reduce flood damages through floodplain management, stressing​ nonstructural measures such as floodplain zoning and floodproofing, and flood warning practices.​ (b) It is the policy of this state:​ (1) not to prohibit but to guide development of the floodplains consistent with legislative findings;​ (2) to provide state coordination and assistance to local governmental units in floodplain management;​ (3) to encourage local governmental units to adopt, enforce, and administer sound floodplain management​ ordinances; and​ (4) to provide the commissioner of natural resources with authority necessary to carry out a floodplain​ management program for the state and to coordinate federal, state, and local floodplain management activities​ in this state.​ History: 1990 c 391 art 1 s 7​ 103A.208 SCENIC RIVER PROTECTION POLICY.​ The legislature finds that certain of Minnesota's rivers and their adjacent lands possess outstanding​ scenic, recreational, natural, historical, scientific and similar values. It is in the interest of present and future​ generations to retain these values, and a policy of the state, and an authorized public purpose to preserve​ and protect these rivers.​ History: 1990 c 391 art 1 s 8​ 103A.209 MARGINAL, ERODIBLE LAND RETIREMENT POLICY.​ It is state policy to encourage the retirement of marginal, highly erodible land, particularly land adjacent​ to public waters and drainage systems, from crop production and to reestablish a cover of perennial vegetation.​ History: 1990 c 391 art 1 s 9​ 103A.211 WATER LAW POLICY.​ The Water Law of this state is contained in many statutes that must be considered as a whole to​ systematically administer water policy for the public welfare. Water law that seems contradictory as applied​ to a specific proceeding creates a need for a forum where the public interest conflicts involved can be​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 4​MINNESOTA STATUTES 2018​103A.206​ presented and, by consideration of the whole body of water law, the controlling policy can be determined​ and apparent inconsistencies resolved.​ History: 1990 c 391 art 1 s 10​ 103A.212 WATERSHED MANAGEMENT POLICY.​ The quality of life of every Minnesotan depends on water. Minnesota's rivers, lakes, streams, wetlands,​ and groundwater provide a foundation for drinking water and the state's recreational, municipal, commercial,​ industrial, agricultural, environmental, aesthetic, and economic well-being. The legislature finds that it is​ in the public interest to manage groundwater and surface water resources from the perspective of aquifers,​ watersheds, and river basins to achieve protection, preservation, enhancement, and restoration of the state's​ valuable groundwater and surface water resources.​ History: 2010 c 361 art 4 s 48​ DETERMINING WATER LAW AND POLICY​ 103A.301 DEFINITIONS.​ Subdivision 1. Applicability. The definitions in this section apply to sections 103A.301 to 103A.341.​ Subd. 2. Agency. "Agency" means a state officer, board, commission, bureau, division, or agency, other​ than a court, exercising duty or authority under laws listed in section 103A.305.​ Subd. 3. Board. "Board" means the Board of Water and Soil Resources.​ Subd. 4. Court. "Court" means the district court or a judge of the district court before whom the​ proceeding is pending.​ Subd. 5. Proceeding. "Proceeding" means a procedure under any of the laws listed in section 103A.305​ that involves administrative discretion or duty.​ Subd. 6. Question of water policy. "Question of water policy" means a question of water law and policy​ in which use, disposal, pollution, or conservation of water is a factor in a proceeding, including:​ (1) determination of the governing policy of state law in the proceeding and resolution of apparent​ inconsistencies between different statutes; or​ (2) the proper application of the policy of state law to facts in the proceeding if application is a matter​ of administrative discretion.​ History: 1990 c 391 art 1 s 11​ 103A.305 JURISDICTION.​ Sections 103A.301 to 103A.341 apply if the decision of an agency in a proceeding involves a question​ of water policy in one or more of the areas of water conservation, water pollution, preservation and​ management of wildlife, drainage, soil conservation, public recreation, forest management, and municipal​ planning under section 97A.135; 103A.411; 103E.011; 103E.015; 103G.245; 103G.261; 103G.271; 103G.275;​ 103G.281; 103G.287; 103G.297 to 103G.311; 103G.315, subdivisions 1, 10, 11, and 12; 103G.401; 103G.405;​ 103I.681, subdivision 1; 115.04; or 115.05.​ History: 1990 c 391 art 1 s 12; 1991 c 199 art 2 s 1; 2010 c 361 art 4 s 49​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103A.305​MINNESOTA STATUTES 2018​5​ 103A.311 PETITION FOR INTERVENTION.​ Subdivision 1. Authority. The board may intervene in a proceeding if a petition is filed with the board​ for referral of a question of water policy involved in the proceeding.​ Subd. 2. Petition for intervention. A petition for intervention must identify the proceeding in which it​ is made and state the grounds for referral in a general manner with sufficient detail to inform interested​ parties of the nature of the questions proposed to be presented to the board and the public importance of the​ questions.​ Subd. 3. Petitioners and signatures. (a) A petition for intervention may be made by:​ (1) the applicant in the proceeding;​ (2) a party to the proceeding;​ (3) the governor;​ (4) the agency;​ (5) the commissioner or director of a division in the Department of Natural Resources;​ (6) the head of another state department or agency;​ (7) a bureau or division of the federal government with a concern in the proceeding;​ (8) an organization or group of persons with appropriate purpose related to the proceedings; or​ (9) a person the board considers representative of a substantial segment of the state or peculiarly able​ to present evidence bearing on the public interest.​ (b) The petition must be:​ (1) signed and verified by the petitioner or an officer of the petitioner; or​ (2) signed by the petitioner's attorney.​ Subd. 4. Filing petition. The petition must be filed in duplicate, one copy with the board, the other with​ the agency.​ Subd. 5. Period for intervention by board. The petition shall allow intervention in a proceeding by​ the board if the petition is filed after the proceeding is initiated and before the agency's order is made.​ History: 1990 c 391 art 1 s 13​ 103A.315 COURT REFERRALS.​ The court may refer a proceeding under its jurisdiction involving a law listed in section 103A.305 to​ the board by a petition of the court directed to the board. The referral may be made in original and appellate​ proceedings. A party to a proceeding may ask the court to refer a matter to the board. On receiving a petition​ for referral, the board shall proceed under sections 103A.301 to 103A.341.​ History: 1990 c 391 art 1 s 14​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 6​MINNESOTA STATUTES 2018​103A.311​ 103A.321 PETITION ABATES PROCEEDING UNTIL BOARD ACTS.​ A petition for intervention filed with the board abates a proceeding until there is a recommendation by​ the board or until 60 days have passed after conclusion of hearing before the board, whichever is earlier,​ unless the agency makes a written finding stating reasons that the public interest requires the board to act​ immediately.​ History: 1990 c 391 art 1 s 15​ 103A.325 BOARD DECISION TO INTERVENE.​ After receiving a petition, the board must decide whether the petition and the record made before the​ agency show an important question of water policy according to rules adopted by the board. If the board​ decides that there is not an important question of water policy, the board may not intervene and the proceeding​ continues in the agency as though the petition had not been made. If the board decides there is an important​ question of water policy and intervention in the public interest is justified, the board must issue a brief​ statement to the petitioner and the agency describing in general terms the questions of water policy it will​ consider.​ History: 1990 c 391 art 1 s 16​ 103A.331 HEARING AND DETERMINATION.​ Subdivision 1. Hearing. After a petition is filed, the board must proceed expeditiously to hear, determine,​ and make its recommendations on the questions it has consented to consider. The hearings must be conducted​ to fully inform the board about all aspects of the public interest in the questions of water policy to be​ determined to make an impartial, scientific, and fully considered judgment.​ Subd. 2. Determination. (a) The recommendation of the board is the board's decision on the question​ of water policy considered by it.​ (b) The ultimate question to which the board's recommendation is directed is the proper course of action​ to be followed by the agency in the proceeding in relation to questions of water policy considered by the​ board.​ (c) The decision of the board must be in the form of a written recommendation to the agency. The​ decision must state the controlling facts in sufficient detail to inform the parties, the agency, and a reviewing​ court of the basis and reason for the decision.​ Subd. 3. Recommendation as evidence. In the proceeding and upon judicial review, the recommendation​ of the board is evidence. A certified copy is competent evidence of the recommendation of the board.​ History: 1990 c 391 art 1 s 17​ 103A.335 FILING, NOTICE, AND PROCEDURE.​ Subdivision 1. Notice. A consent, notice, or recommendation made by the board must be filed with the​ agency. The filing is notice of the board's action. The board's rules may provide for a notice, in addition to​ filing by mail, posting, publication, or otherwise, to inform parties and interested persons of the board's​ actions.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103A.335​MINNESOTA STATUTES 2018​7​ Subd. 2. Subpoena. (a) To implement sections 103A.301 to 103A.341, the chair of the board or a board​ member may subpoena witnesses, administer oaths, and compel the production of books, records, and other​ evidence.​ (b) Disobedience of a subpoena, refusal to be sworn, or refusal to answer as a witness, is punishable as​ a contempt of the district court. The board or a board member must file a complaint of the disobedience​ with the district court of the county where the disobedience occurred.​ (c) Witnesses receive the same fees and mileage as in civil actions.​ (d) Persons must be sworn before testifying and the right to examine or cross-examine is the same as in​ civil actions.​ Subd. 3. Hearings. Hearings must be public, conducted by the board or an authorized board member,​ and affected persons have the opportunity to be heard. The board must provide a stenographer to take the​ testimony and proceedings at the hearings must be recorded and preserved. Hearings must be conducted as​ much as practicable in the same way as civil actions.​ Subd. 4. Position of state agencies. State agencies may adopt opposite positions on the matter before​ the board when full advocacy will assist in disclosing the public interest.​ History: 1990 c 391 art 1 s 18​ 103A.341 FINDINGS BY BOARD.​ Within 60 days of the close of a hearing the board must make findings and recommendations based​ solely on the evidence presented at the public hearing.​ History: 1990 c 391 art 1 s 19​ WATER INFORMATION​ 103A.401 STATEWIDE WATER INFORMATION SYSTEM.​ The commissioner of natural resources, in cooperation with other state agencies including the Minnesota​ geologic survey, shall establish and maintain a statewide water information system to gather, process, and​ distribute information on the availability, distribution, quality, and use of waters of the state. Local, regional,​ and state governmental units and their officers and employees shall cooperate with the commissioner to​ implement and maintain the statewide water information system.​ History: 1990 c 391 art 1 s 20​ 103A.403 STATEWIDE NITRATE DATA.​ The Environmental Quality Board shall ensure that all available data regarding the presence of nitrates​ in groundwater in the state that meet state standards recommended under Laws 1992, chapter 544, section​ 13, are integrated into the Minnesota Geospatial Information Office's statewide nitrate database according​ to published data compatibility guidelines. Costs of integrating the data in accordance with data compatibility​ standards must be borne by the agency generating the data or, if the data are not generated by an entity that​ receives or received state appropriations for monitoring or information management, by the Environmental​ Quality Board.​ History: 1992 c 544 s 4; 2009 c 101 art 2 s 107​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 8​MINNESOTA STATUTES 2018​103A.335​ 103A.405 DIRECTOR'S APPROVAL FOR FEDERAL WATER DATA AGREEMENTS.​ A contract or agreement may not be made by a department or agency of the state or a municipality, with​ the United States or an agency or department of the United States, for the collection of basic data pertaining​ to surface water or groundwater of the state without obtaining written approval of the director of the Division​ of Waters of the Department of Natural Resources.​ History: 1990 c 391 art 1 s 21; 1991 c 199 art 1 s 14​ 103A.411 PUMPING TEST AND DATA ACQUISITION; TRAINING PROGRAMS.​ The commissioner shall set up a statewide training program to provide training in the conduct of pumping​ tests and data acquisition programs.​ History: 1990 c 391 art 1 s 22​ 103A.43 WATER ASSESSMENTS AND REPORTS.​ (a) The Environmental Quality Board shall consolidate the assessments required in paragraphs (b) and​ (c) with the policy report in section 103A.204 and submit a single report to the house of representatives and​ senate committees with jurisdiction over the environment, natural resources, and agriculture and the​ Legislative-Citizen Commission on Minnesota Resources by September 15, 2010, and every five years​ thereafter.​ (b) The Pollution Control Agency and the Department of Agriculture shall provide an assessment and​ analysis of water quality, groundwater degradation trends, and efforts to reduce, prevent, minimize, and​ eliminate degradation of water. The assessment and analysis must include an analysis of relevant monitoring​ data.​ (c) The Department of Natural Resources shall provide an assessment and analysis of the quantity of​ surface and ground water in the state and the availability of water to meet the state's needs.​ History: 1989 c 326 art 2 s 7; 1989 c 335 art 1 s 269; 1994 c 557 s 12; 1995 c 220 s 91; 1999 c 86 art​ 3 s 7; 2006 c 243 s 21; 2008 c 363 art 5 s 15; 2012 c 272 s 27​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103A.43​MINNESOTA STATUTES 2018​9​