Waters of the State (Minnesota Statutes: Chapter 103G)

CHAPTER 103G​ WATERS OF THE STATE​ GENERAL PROVISIONS​ EFFECT OF CHAPTER 103G ON WATER LAW.​103G.001​ DEFINITIONS.​103G.005​ COMMISSIONER'S AUTHORITY​ WATER CONSERVATION PROGRAM.​103G.101​ COOPERATION WITH OTHER AGENCIES.​103G.105​ REPRESENTING STATE IN WATER ISSUES.​103G.111​ ENJOINING WATER-FLOW INTERFERENCE​ OUTSIDE STATE.​ 103G.115​ COMMISSIONER'S AUTHORITY TO INVESTIGATE​ AND CONSTRUCT PROJECTS.​ 103G.121​ DIRECTOR'S AUTHORITY.​103G.125​ PERMIT PROGRAM UNDER SECTION 404 OF​ FEDERAL CLEAN WATER ACT.​ 103G.127​ VENUE OF CERTAIN ACTIONS.​103G.131​ ENFORCING COMMISSIONER'S ORDERS.​103G.135​ PENALTIES.​103G.141​ APPLICATION.​103G.145​ PUBLIC WATERS DESIGNATION AND USE​ PUBLIC WATERS INVENTORY.​103G.201​ EFFECT OF PUBLIC WATERS DESIGNATION.​103G.205​ DRAINING PUBLIC WATERS PROHIBITED​ WITHOUT REPLACEMENT.​ 103G.211​ AGRICULTURAL USE OF PUBLIC WATERS​ DURING DROUGHT.​ 103G.215​ DRIFTLESS AREA; WATER RESOURCES.​103G.217​ WETLANDS​ DRAINING PUBLIC WATERS WETLANDS.​103G.221​ CONTRACTOR'S RESPONSIBILITY WHEN WORK​ DRAINS OR FILLS WETLANDS.​ 103G.2212​ REPLACEMENT OF WETLANDS.​103G.222​ CALCAREOUS FENS.​103G.223​ EXEMPTIONS.​103G.2241​ WETLAND VALUE REPLACEMENT PLANS.​103G.2242​ LOCAL COMPREHENSIVE WETLAND​ PROTECTION AND MANAGEMENT PLANS.​ 103G.2243​ WETLAND CREATION OR RESTORATION WITHIN​ PIPELINE EASEMENT.​ 103G.2244​ STATE WETLANDS AND PUBLIC DRAINAGE​ SYSTEMS.​ 103G.225​ STATE CONSERVATION EASEMENTS; WETLAND​ BANK CREDIT.​ 103G.2251​ PROPERTY OWNER'S USE OF PUBLIC WATERS​ WETLANDS.​ 103G.231​ RESTRICTIONS ON ACCESS TO WETLANDS.​103G.235​ PROPERTY OWNER'S USE OF WETLANDS.​103G.2364​ CONTROLLING NOXIOUS WEEDS.​103G.2365​ COMPENSATION FOR LOSS OF PRIVATE USE.​103G.237​ ENFORCEMENT.​103G.2372​ ELECTRONIC TRANSMISSION.​103G.2374​ ASSUMPTION OF SECTION 404 OF FEDERAL​ CLEAN WATER ACT.​ 103G.2375​ WORK AFFECTING PUBLIC WATERS​ CONTRACTOR'S RESPONSIBILITY WHEN WORK​ AFFECTS PUBLIC WATERS.​ 103G.241​ WORK IN PUBLIC WATERS.​103G.245​ INVESTIGATING ACTIVITIES AFFECTING WATERS​ OF THE STATE.​ 103G.251​ WATER DIVERSION AND APPROPRIATION​ ALLOCATING AND CONTROLLING WATERS OF​ THE STATE.​ 103G.255​ WATER ALLOCATION PRIORITIES.​103G.261​ WATER SUPPLY; MANAGEMENT.​103G.265​ WATER MANAGEMENT ACCOUNT.​103G.27​ APPROPRIATION AND USE OF WATERS.​103G.271​ INSTALLATION FOR WATER USE.​103G.275​ WATER USE PROHIBITED WITHOUT MEASURING​ QUANTITIES.​ 103G.281​ MONITORING TO EVALUATE IMPACTS FROM​ APPROPRIATIONS.​ 103G.282​ SURFACE WATER APPROPRIATIONS.​103G.285​ GROUNDWATER APPROPRIATIONS.​103G.287​ WELL INTERFERENCE; WELL SEALING.​103G.289​ PUBLIC WATER SUPPLY PLANS; APPROPRIATION​ DURING DEFICIENCY.​ 103G.291​ STATEWIDE DROUGHT PLAN.​103G.293​ DIVERTING OR DRAINING WATER FOR MINING.​103G.297​ LANDSCAPE IRRIGATION SYSTEMS.​103G.298​ ADMINISTRATIVE PENALTIES.​103G.299​ GENERAL PERMIT; PROCEDURE​ GENERAL PERMIT; APPLICATION PROCEDURES.​103G.301​ TIME LIMIT TO ACT ON WATER-USE PERMIT​ APPLICATION.​ 103G.305​ PERMIT HEARING.​103G.311​ DENYING AND ISSUING PERMITS.​103G.315​ WATER LEVEL; ESTABLISHMENT AND CONTROL​ APPLICATION TO ESTABLISH LAKE LEVELS.​103G.401​ WATER LEVEL CONTROL FOR LANDLOCKED​ LAKES.​ 103G.405​ WATER LEVEL CONTROL FOR PUBLIC WATERS​ WITH OUTLET.​ 103G.407​ TEMPORARY DRAWDOWN OF PUBLIC WATERS.​103G.408​ STIPULATION OF LOW-WATER MARK.​103G.411​ STREAM GAUGE DATA.​103G.412​ BIG STONE LAKE​ BIG STONE LAKE; SEASONAL WATER LEVEL.​103G.415​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ MINNESOTA STATUTES 2018​1​ MISSISSIPPI HEADWATER LAKES​ CONTROL OF MISSISSIPPI HEADWATER LAKES.​103G.421​ DAM CONSTRUCTION AND MAINTENANCE​ CONSTRUCTING PRIVATE DAMS ON​ NONNAVIGABLE WATERS.​ 103G.501​ DAM CONSTRUCTION AND MAINTENANCE BY​ STATE.​ 103G.505​ PUBLICLY OWNED DAM REPAIR.​103G.511​ EXAMINING AND REPAIRING DAMS AND​ RESERVOIRS.​ 103G.515​ TRANSFER OF AUTHORITY OVER STATE DAMS.​103G.521​ LIMITATIONS ON TRANSFERS OF OWNERSHIP​ OF DAMS.​ 103G.525​ DAM PERMIT EXCEPTIONS.​103G.531​ HYDROPOWER GENERATION.​103G.535​ MUNICIPAL DAMS ON RED RIVER OF THE NORTH.​103G.541​ DAMS AND WATER LEVEL CONTROL IN COOK,​ LAKE, AND ST. LOUIS COUNTIES.​ 103G.545​ DAMS USED ONLY FOR WATER LEVEL​ REGULATION.​ 103G.551​ STATUTE OF LIMITATIONS FOR ACTIONS​ AGAINST PUBLIC OFFICIALS.​ 103G.555​ STATUTE OF LIMITATIONS FOR ACTIONS ON​ FLOWAGE EASEMENTS AND ORDINARY​ HIGH-WATER LEVELS.​ 103G.561​ FLOWAGE EASEMENTS​ RIGHT TO OVERFLOW, OBSTRUCT, OR IMPAIR​ HIGHWAYS GRANTED BY GOVERNING BODY.​ 103G.565​ BANK REPAIR ON PROPERTY WHERE OVERFLOW​ RIGHTS ARE ACQUIRED.​ 103G.571​ GRANT OF FLOWAGE EASEMENTS IN UPPER RED​ LAKE REGION.​ 103G.575​ WATER AERATION AND DEICING​ ICE-CUTTING FENCES AND GUARDS.​103G.601​ DEICING WATER BODIES.​103G.605​ WATER AERATION SAFETY.​103G.611​ HARVESTING AND CONTROLLING AQUATIC PLANTS​ PERMITS TO HARVEST OR DESTROY AQUATIC​ PLANTS.​ 103G.615​ COUNTY WEED AND ALGAE DESTRUCTION AND​ REMOVAL.​ 103G.621​ MUNICIPAL CONTROL OF AQUATIC VEGETATION​ AND ORGANISMS.​ 103G.625​ SUNKEN LOG RECOVERY​ REMOVING SUNKEN LOGS FROM PUBLIC​ WATERS.​ 103G.651​ STREAMS​ STREAM MAINTENANCE PROGRAM.​103G.701​ STATE'S OWNERSHIP OF BED OF NAVIGABLE​ RIVER.​ 103G.711​ GREAT LAKES COMPACT​ GREAT LAKES -- ST. LAWRENCE RIVER BASIN​ WATER RESOURCES COMPACT.​ 103G.801​ GENERAL PROVISIONS​ 103G.001 EFFECT OF CHAPTER 103G 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 7 s 1​ 103G.005 DEFINITIONS.​ Subdivision 1. Applicability. The definitions in this section apply to this chapter.​ Subd. 2. Abandon. "Abandon" means to give up the use and maintenance of structures or improvements​ to realty and to surrender them to deterioration. Abandon does not refer to intent to surrender or relinquish​ title to or a possessory interest in the real property where the structures or improvements are located.​ Subd. 2a. Agricultural land. "Agricultural land" means: land used for horticultural, row, close grown,​ pasture, and hayland crops; growing nursery stocks; animal feedlots; farm yards; associated building sites;​ and public and private drainage systems and field roads located on any of the foregoing.​ Subd. 3. Altered natural watercourse. "Altered natural watercourse" means a former natural watercourse​ that has been affected by artificial changes to straighten, deepen, narrow, or widen the original channel.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 2​MINNESOTA STATUTES 2018​103G.001​ Subd. 4. Appropriating. "Appropriating" means withdrawal, removal, or transfer of water from its​ source regardless of how the water is used.​ Subd. 5. Artificial watercourse. "Artificial watercourse" means a watercourse artificially constructed​ by human beings where a natural watercourse was not previously located.​ Subd. 6. Basin of origin. "Basin of origin" means the drainage basin of the Great Lakes, the Red River​ of the North, the Mississippi River, or the Missouri River.​ Subd. 6a. Board. "Board" means the Board of Water and Soil Resources.​ Subd. 7. Commissioner. "Commissioner" means the commissioner of natural resources.​ Subd. 8. [Renumbered subd 8b]​ Subd. 8a. Constructed management facilities for storm water. "Constructed management facilities​ for storm water" means ponds, basins, holding tanks, cisterns, infiltration trenches and swales, or other best​ management practices that have been designed, constructed, and operated to store or treat storm water in​ accordance with local, state, or federal requirements.​ Subd. 8b. Consumptive use. "Consumptive use" means water that is withdrawn from its source for​ immediate further use in the area of the source and is not directly returned to the source.​ Subd. 9. Director. "Director" means the director of the Division of Ecological and Water Resources of​ the Department of Natural Resources.​ Subd. 9a. Division. "Division" means the Division of Ecological and Water Resources of the Department​ of Natural Resources.​ Subd. 9b. Electronic transmission. "Electronic transmission" means the transfer of data or information​ through an electronic data interchange system consisting of, but not limited to, computer modems and​ computer networks. Electronic transmission specifically means electronic mail, unless other means of​ electronic transmission are mutually agreed to by the sender and recipient.​ Subd. 10. MS 2010 [Renumbered subd 9a]​ Subd. 10a. MS 1994 [Renumbered subd 10e]​ Subd. 10a. 50 to 80 percent area. "50 to 80 percent area" means a county or watershed with at least 50​ but less than 80 percent of the presettlement wetland acreage intact.​ Subd. 10b. Greater than 80 percent area. "Greater than 80 percent area" means a county, watershed,​ or, for purposes of wetland replacement, bank service area where 80 percent or more of the presettlement​ wetland acreage is intact and:​ (1) ten percent or more of the current total land area is wetland; or​ (2) 50 percent or more of the current total land area is state or federal land.​ Subd. 10c. Hayland. "Hayland" means an area that was mechanically harvested or that was planted​ with annually seeded crops in a crop rotation seeding of grasses or legumes in six of the last ten years prior​ to January 1, 1991.​ Subd. 10d. [Renumbered subd 10h]​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.005​MINNESOTA STATUTES 2018​3​ Subd 10e. [Renumbered subd 10i]​ Subd. 10f. MS 2011 Supp [Renumbered subd 9b]​ Subd. 10g. In-lieu fee program. "In-lieu fee program" means a program in which wetland replacement​ requirements of section 103G.222 are satisfied through payment of money to the board or a board-approved​ sponsor to develop replacement credits according to section 103G.2242, subdivision 12.​ Subd. 10h. Less than 50 percent area. "Less than 50 percent area" means a county, watershed, or, for​ purposes of wetland replacement, bank service area with less than 50 percent of the presettlement wetland​ acreage intact or any county, watershed, or bank service area not defined as a "greater than 80 percent area"​ or "50 to 80 percent area."​ Subd. 10i. Local government unit. "Local government unit" means:​ (1) outside of the seven-county metropolitan area, a city council, county board of commissioners, or a​ soil and water conservation district or their delegate;​ (2) in the seven-county metropolitan area, a city council, a town board under section 368.01, a watershed​ management organization under section 103B.211, or a soil and water conservation district or their delegate;​ (3) on state land, the agency with administrative responsibility for the land; and​ (4) for wetland banking projects established solely for replacing wetland impacts under a permit to mine​ under section 93.481, the commissioner of natural resources.​ Subd. 11. Meandered lake. "Meandered lake" means a body of water except streams located within​ the meander lines shown on plats made by the United States General Land Office.​ Subd. 11a. [Renumbered subd 15e]​ Subd. 12. Municipality. "Municipality" means a home rule charter or statutory city.​ Subd. 13. Natural watercourse. "Natural watercourse" means a natural channel that has definable beds​ and banks capable of conducting confined runoff from adjacent land.​ Subd. 13a. Once-through system. "Once-through system" means a space heating, ventilating, air​ conditioning (HVAC), or refrigeration system used for any type of temperature or humidity control application,​ utilizing groundwater, that circulates through the system and is then discharged without reusing it for a​ higher priority purpose.​ Subd. 14. Ordinary high-water level. "Ordinary high-water level" means the boundary of water basins,​ watercourses, public waters, and public waters wetlands, and:​ (1) the ordinary high-water level is an elevation delineating the highest water level that has been​ maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where​ the natural vegetation changes from predominantly aquatic to predominantly terrestrial;​ (2) for watercourses, the ordinary high-water level is the elevation of the top of the bank of the channel;​ and​ (3) for reservoirs and flowages, the ordinary high-water level is the operating elevation of the normal​ summer pool.​ Subd. 14a. MS 1994 [Renumbered subd 14b]​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 4​MINNESOTA STATUTES 2018​103G.005​ Subd. 14a. Pasture. "Pasture" means an area that was grazed by domesticated livestock or that was​ planted with annually seeded crops in a crop rotation seeding of grasses or legumes in six of the last ten​ years prior to January 1, 1991.​ Subd. 14b. Political subdivision. "Political subdivision" means a county, city, town, school district, or​ other local government jurisdiction to which the state provides state aids or on which the state imposes state​ mandates.​ Subd. 14c. Presettlement wetland. "Presettlement wetland" means a wetland or public waters wetland​ that existed in this state at the time of statehood in 1858.​ Subd. 14d. Project. "Project" means a specific plan, contiguous activity, proposal, or design necessary​ to accomplish a goal as defined by the local government unit. As used in this chapter, a project may not be​ split into components or phases for the sole purpose of gaining additional exemptions.​ Subd. 15. Public waters. (a) "Public waters" means:​ (1) water basins assigned a shoreland management classification by the commissioner under sections​ 103F.201 to 103F.221;​ (2) waters of the state that have been finally determined to be public waters or navigable waters by a​ court of competent jurisdiction;​ (3) meandered lakes, excluding lakes that have been legally drained;​ (4) water basins previously designated by the commissioner for management for a specific purpose such​ as trout lakes and game lakes pursuant to applicable laws;​ (5) water basins designated as scientific and natural areas under section 84.033;​ (6) water basins located within and totally surrounded by publicly owned lands;​ (7) water basins where the state of Minnesota or the federal government holds title to any of the beds​ or shores, unless the owner declares that the water is not necessary for the purposes of the public ownership;​ (8) water basins where there is a publicly owned and controlled access that is intended to provide for​ public access to the water basin;​ (9) natural and altered watercourses with a total drainage area greater than two square miles;​ (10) natural and altered watercourses designated by the commissioner as trout streams; and​ (11) public waters wetlands, unless the statute expressly states otherwise.​ (b) Public waters are not determined exclusively by the proprietorship of the underlying, overlying, or​ surrounding land or by whether it is a body or stream of water that was navigable in fact or susceptible of​ being used as a highway for commerce at the time this state was admitted to the union.​ Subd. 15a. Public waters wetlands. "Public waters wetlands" means all types 3, 4, and 5 wetlands, as​ defined in United States Fish and Wildlife Service Circular No. 39 (1971 edition), not included within the​ definition of public waters, that are ten or more acres in size in unincorporated areas or 2-1/2 or more acres​ in incorporated areas.​ Subd. 15b. MS 2010 [Renumbered subd 15f]​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.005​MINNESOTA STATUTES 2018​5​ Subd. 15c. MS 2010 [Renumbered subd 15g]​ Subd. 15d. MS 2010 [Renumbered subd 15h]​ Subd. 15e. Shallow lake. "Shallow lake" means a body of water, excluding a stream, that is greater than​ or equal to 50 acres in size and less than or equal to 15 feet in maximum depth.​ Subd. 15f. Shoreland wetland protection zone. "Shoreland wetland protection zone" means:​ (1) for local government units that have a shoreland management ordinance approved under sections​ 103F.201 to 103F.221, the shoreland wetland protection zone is:​ (i) 1,000 feet from the ordinary high-water level of a water basin that is a public water identified in the​ shoreland management ordinance or the shoreland area approved by the commissioner as provided in the​ shoreland management rules adopted under section 103F.211, whichever is less; or​ (ii) 300 feet from the ordinary high-water level of a watercourse identified in the shoreland management​ ordinance or the shoreland area approved by the commissioner as provided in the shoreland management​ rules adopted under section 103F.211, whichever is less; and​ (2) for local government units that do not have a shoreland management ordinance approved under​ sections 103F.201 to 103F.221, the shoreland wetland protection zone is:​ (i) 1,000 feet from the ordinary high-water level of a water basin that is a public water that is at least​ ten acres in size within municipalities and at least 25 acres in size in unincorporated areas; or​ (ii) 300 feet from the ordinary high-water level of a watercourse identified by the public waters inventory​ under section 103G.201.​ Subd. 15g. Silviculture. "Silviculture" means the management of forest trees.​ Subd. 15h. Utility. "Utility" means a sanitary sewer, storm sewer, potable water distribution, and​ transmission, distribution, or furnishing, at wholesale or retail, of natural or manufactured gas, electricity,​ telephone, or radio service or communications.​ Subd. 16. Water basin. "Water basin" means an enclosed natural depression with definable banks,​ capable of containing water, that may be partly filled with waters of the state and is discernible on aerial​ photographs.​ Subd. 17. Waters of the state. "Waters of the state" means surface or underground waters, except surface​ waters that are not confined but are spread and diffused over the land. Waters of the state includes boundary​ and inland waters.​ Subd. 17a. Watershed. "Watershed" means the 81 major watershed units delineated by the map, "State​ of Minnesota Watershed Boundaries - 1979."​ Subd. 17b. Wetland type. "Wetland type" means a wetland type classified according to Wetlands of​ the United States, United States Fish and Wildlife Service Circular 39 (1971 edition), as summarized in this​ subdivision.​ (1) "Type 1 wetlands" are seasonally flooded basins or flats in which soil is covered with water or is​ waterlogged during variable seasonal periods but usually is well-drained during much of the growing season.​ Type 1 wetlands are located in depressions and in overflow bottomlands along watercourses, and in which​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 6​MINNESOTA STATUTES 2018​103G.005​ vegetation varies greatly according to season and duration of flooding and includes bottomland hardwoods​ as well as herbaceous growths.​ (2) "Type 2 wetlands" are inland fresh meadows in which soil is usually without standing water during​ most of the growing season but is waterlogged within at least a few inches of surface. Vegetation includes​ grasses, sedges, rushes, and various broad-leafed plants. Meadows may fill shallow basins, sloughs, or​ farmland sags, or these meadows may border shallow marshes on the landward side.​ (3) "Type 3 wetlands" are inland shallow fresh marshes in which soil is usually waterlogged early during​ a growing season and often covered with as much as six inches or more of water. Vegetation includes grasses,​ bulrushes, spikerushes, and various other marsh plants such as cattails, arrowheads, pickerelweed, and​ smartweeds. These marshes may nearly fill shallow lake basins or sloughs, or may border deep marshes on​ the landward side and are also common as seep areas on irrigated lands.​ (4) "Type 4 wetlands" are inland deep fresh marshes in which soil is usually covered with six inches to​ three feet or more of water during the growing season. Vegetation includes cattails, reeds, bulrushes,​ spikerushes, and wild rice. In open areas, pondweeds, naiads, coontail, water milfoils, waterweeds, duckweeds,​ waterlilies, or spatterdocks may occur. These deep marshes may completely fill shallow lake basins, potholes,​ limestone sinks, and sloughs, or they may border open water in such depressions.​ (5) "Type 5 wetlands" are inland open fresh water, shallow ponds, and reservoirs in which water is​ usually less than ten feet deep and is fringed by a border of emergent vegetation similar to open areas of​ type 4 wetland.​ (6) "Type 6 wetlands" are shrub swamps in which soil is usually waterlogged during growing season​ and is often covered with as much as six inches of water. Vegetation includes alders, willows, buttonbush,​ dogwoods, and swamp-privet. This type occurs mostly along sluggish streams and occasionally on floodplains.​ (7) "Type 7 wetlands" are wooded swamps in which soil is waterlogged at least to within a few inches​ of the surface during growing season and is often covered with as much as one foot of water. This type​ occurs mostly along sluggish streams, on floodplains, on flat uplands, and in shallow basins. Trees include​ tamarack, arborvitae, black spruce, balsam, red maple, and black ash. Northern evergreen swamps usually​ have a thick ground cover of mosses. Deciduous swamps frequently support beds of duckweeds and​ smartweeds.​ (8) "Type 8 wetlands" are bogs in which soil is usually waterlogged and supports a spongy covering of​ mosses. This type occurs mostly in shallow basins, on flat uplands, and along sluggish streams. Vegetation​ is woody or herbaceous or both. Typical plants are heath shrubs, sphagnum moss, and sedges. In the north,​ leatherleaf, Labrador-tea, cranberries, carex, and cottongrass are often present. Scattered, often stunted,​ black spruce and tamarack may occur.​ Subd. 18. MS 1994 [Renumbered subd 15a]​ Subd. 19. Wetlands. (a) "Wetlands" means lands transitional between terrestrial and aquatic systems​ where the water table is usually at or near the surface or the land is covered by shallow water. For purposes​ of this definition, wetlands must have the following three attributes:​ (1) have a predominance of hydric soils;​ (2) are inundated or saturated by surface or ground water at a frequency and duration sufficient to support​ a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.005​MINNESOTA STATUTES 2018​7​ (3) under normal circumstances support a prevalence of such vegetation.​ (b) For the purposes of regulation under this chapter, the term wetlands does not include public waters​ wetlands as defined in subdivision 15a.​ History: 1990 c 391 art 7 s 2; 1990 c 597 s 62; 1991 c 354 art 6 s 1-6; art 10 s 4; 1994 c 643 s 49;​ 1995 c 218 s 3; 1996 c 462 s 10-22,43; 1997 c 2 s 8; 2000 c 382 s 1,2; 2003 c 128 art 1 s 111; 2011 c 107​ s 63,64; 2012 c 277 art 1 s 79; 2014 c 248 s 11,12; 1Sp2015 c 4 art 4 s 81,148; 2017 c 93 art 2 s 107-109​ COMMISSIONER'S AUTHORITY​ 103G.101 WATER CONSERVATION PROGRAM.​ Subdivision 1. Development. The commissioner shall develop a water resources conservation program​ for the state. The program must include conservation, allocation, and development of waters of the state for​ the best interests of the people.​ Subd. 2. Program to guide permit issuance and dams. The commissioner must be guided by the​ program in issuing permits for the use and appropriation of the waters of the state and the construction,​ reconstruction, repair, removal, or abandonment of dams, reservoirs, and other control structures.​ History: 1990 c 391 art 7 s 3​ 103G.105 COOPERATION WITH OTHER AGENCIES.​ Subdivision 1. Other states and federal government. The commissioner may cooperate and enter into​ agreements with the United States government, a state department, or a state or country adjacent to this state​ to implement this chapter and chapter 103F. The commissioner may cooperate with departments of the​ government of the United States in the execution of surveys within the state.​ Subd. 2. State and local officials; enforcement. Personnel of the Pollution Control Agency, the Health​ Department, and county and municipal governments must cooperate with the commissioner in monitoring​ and enforcing water permits. County attorneys, sheriffs, and other peace officers and other officers having​ enforcement authority must take all action to the extent of their authority, respectively, that may be necessary​ or proper for the enforcement of the provisions, rules, standards, orders, or permits specified in this chapter​ and chapter 103F.​ History: 1990 c 391 art 7 s 4; 1995 c 218 s 4​ 103G.111 REPRESENTING STATE IN WATER ISSUES.​ Subdivision 1. Commissioner; federal water issues. The commissioner may appear, represent, and act​ for the state in any matter relating to an application to be made to the federal government relating to waters​ of the state or their use and may act in a manner to protect the interests of the people of the state consistent​ with this chapter and chapter 103F.​ Subd. 2. Director; water proceedings. The director may appear for the state in any matter or proceeding​ affecting waters of the state to give hydrologic and hydraulic engineering advice and information in connection​ with the proceeding.​ History: 1990 c 391 art 7 s 5; 1995 c 218 s 5​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 8​MINNESOTA STATUTES 2018​103G.005​ 103G.115 ENJOINING WATER-FLOW INTERFERENCE OUTSIDE STATE.​ If a person, firm, association, corporation, or a state or political subdivision, agency, or commission of​ a state disturbs, obstructs, or interferes with the natural flow or condition of public waters beyond the​ boundaries of this state in a manner that seriously affects the public welfare and interests of this state, the​ commissioner may institute proceedings in behalf of this state in a court having jurisdiction to abate or enjoin​ the continuance of the disturbance, obstruction, or interference.​ History: 1990 c 391 art 7 s 6​ 103G.121 COMMISSIONER'S AUTHORITY TO INVESTIGATE AND CONSTRUCT PROJECTS.​ Subdivision 1. Surveys and investigations. The commissioner may conduct surveys, investigations,​ and studies, and prepare maps of the waters of the state and topography of the state to implement this chapter.​ Subd. 2. Acquiring property. The commissioner may acquire title to private property for an authorized​ purpose by purchase or by eminent domain. The use of property for projects to implement this chapter is a​ public purpose. On request by the commissioner, the attorney general shall acquire title to private property​ for projects under this chapter as provided in chapter 117.​ Subd. 3. Contracts. The commissioner may approve contracts for projects under this chapter and change​ the plans of the projects when necessary, and supervise, control, and accept the projects when complete.​ The commissioner may pay for projects and expenses incurred in connection with the projects from funds​ available to the commissioner.​ History: 1990 c 391 art 7 s 7; 1995 c 218 s 6​ 103G.125 DIRECTOR'S AUTHORITY.​ Subdivision 1. Cooperation with government agencies. The director shall cooperate with agencies​ and departments of the state and federal government relating to projects affecting waters of the state and​ shall make recommendations to the agencies involved and to the governor about the desirability, feasibility,​ and practicability of the proposed projects.​ Subd. 2. Cooperative agreements. The director, with approval of the commissioner, may make​ cooperative agreements with and cooperate with any person, corporation, or government authority to​ implement this chapter.​ Subd. 3. Standards for forms and maps. The director may adopt rules to standardize forms and maps,​ sizes of maps, plats, drawings, and specifications in proceedings related to waters of the state.​ History: 1990 c 391 art 7 s 8; 1993 c 186 s 16​ 103G.127 PERMIT PROGRAM UNDER SECTION 404 OF FEDERAL CLEAN WATER ACT.​ Notwithstanding any other law to the contrary, the commissioner, with the concurrence of the Board of​ Water and Soil Resources and the commissioner of agriculture, may adopt rules establishing a permit 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 the permit program under​ section 404 of the federal Clean Water Act, United States Code, title 33, section 1344. The rules may not​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.127​MINNESOTA STATUTES 2018​9​ be more restrictive than the program under section 404, or state law, if it is more restrictive than the federal​ program.​ History: 1991 c 354 art 9 s 1; 1996 c 462 s 23​ 103G.131 VENUE OF CERTAIN ACTIONS.​ Subdivision 1. Water located in one county. Notwithstanding any other law to the contrary, an action​ for declaratory judgment that is brought under chapter 555 by or against the commissioner must be venued​ in the county where the water, watercourse, or water basin is located, if the water, watercourse, or water​ basin is located in one county. This section applies to actions to determine the validity of the commissioner's​ final decision regarding:​ (1) the classification of waters of the state as public waters; or​ (2) the drainage of water basins or watercourses as provided in chapter 103E.​ Subd. 2. Water located in more than one county. If the water, watercourse, or water basin is located​ in more than one county, then the venue is the judicial district where the majority of the water, watercourse,​ or water basin is located.​ History: 1990 c 391 art 7 s 9​ 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​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 10​MINNESOTA STATUTES 2018​103G.127​ 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​ 103G.145 APPLICATION.​ Nothing in this chapter supersedes or amends section 92.45.​ History: 1990 c 391 art 7 s 12​ PUBLIC WATERS DESIGNATION AND USE​ 103G.201 PUBLIC WATERS INVENTORY.​ (a) The commissioner shall maintain a public waters inventory map of each county that shows the waters​ of this state that are designated as public waters under the public waters inventory and classification procedures​ prescribed under Laws 1979, chapter 199, and shall provide access to a copy of the maps. As county public​ waters inventory maps are revised according to this section, the commissioner shall send a notification or a​ copy of the maps to the auditor of each affected county.​ (b) The commissioner is authorized to revise the map of public waters established under Laws 1979,​ chapter 199, to reclassify those types 3, 4, and 5 wetlands previously identified as public waters wetlands​ under Laws 1979, chapter 199, as public waters or as wetlands under section 103G.005, subdivision 19. The​ commissioner may only reclassify public waters wetlands as public waters if:​ (1) they are assigned a shoreland management classification by the commissioner under sections 103F.201​ to 103F.221;​ (2) they are classified as lacustrine wetlands or deepwater habitats according to Classification of Wetlands​ and Deepwater Habitats of the United States (Cowardin, et al., 1979 edition); or​ (3) the state or federal government has become titleholder to any of the beds or shores of the public​ waters wetlands, subsequent to the preparation of the public waters inventory map filed with the auditor of​ the county, pursuant to paragraph (a), and the responsible state or federal agency declares that the water is​ necessary for the purposes of the public ownership.​ (c) The commissioner must provide notice of the reclassification to the local government unit, the county​ board, the watershed district, if one exists for the area, and the soil and water conservation district. Within​ 60 days of receiving notice from the commissioner, a party required to receive the notice may provide a​ resolution stating objections to the reclassification. If the commissioner receives an objection from a party​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.201​MINNESOTA STATUTES 2018​11​ required to receive the notice, the reclassification is not effective. If the commissioner does not receive an​ objection from a party required to receive the notice, the reclassification of a wetland under paragraph (b)​ is effective 60 days after the notice is received by all of the parties.​ (d) The commissioner shall give priority to the reclassification of public waters wetlands that are or​ have the potential to be affected by public works projects.​ (e) The commissioner may revise the public waters inventory map of each county:​ (1) to reflect the changes authorized in paragraph (b); and​ (2) as needed, to:​ (i) correct errors in the original inventory;​ (ii) add or subtract trout stream tributaries within sections that contain a designated trout stream following​ written notice to the landowner;​ (iii) add depleted quarries, and sand and gravel pits, when the body of water exceeds 50 acres and the​ shoreland has been zoned for residential development; and​ (iv) add or subtract public waters that have been created or eliminated as a requirement of a permit​ authorized by the commissioner under section 103G.245.​ History: 1990 c 391 art 7 s 13; 2000 c 382 s 3; 2001 c 7 s 24; 2001 c 146 s 5; 2005 c 138 s 1; 2009 c​ 176 art 1 s 45; 2010 c 361 art 4 s 51​ 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​ 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​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 12​MINNESOTA STATUTES 2018​103G.201​ (2) the agricultural use does not result in the drainage of the public waters.​ History: 1990 c 391 art 7 s 16​ 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​ 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​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.2212​MINNESOTA STATUTES 2018​13​ (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​ 103G.222 REPLACEMENT OF WETLANDS.​ Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly or partially, unless​ replaced by actions that provide at least equal public value under a replacement plan approved as provided​ in section 103G.2242, a replacement plan under a local governmental unit's comprehensive wetland protection​ and management plan approved by the board under section 103G.2243, or, if a permit to mine is required​ under section 93.481, under a mining reclamation plan approved by the commissioner under the permit to​ mine. Project-specific wetland-replacement plans submitted as part of a project for which a permit to mine​ is required and approved by the commissioner on or after July 1, 1991, may include surplus wetland credits​ to be allocated by the commissioner to offset future mining-related wetland impacts under any permits to​ mine held by the permittee, the operator, the permittee's or operator's parent, an affiliated subsidiary, or an​ assignee pursuant to an assignment under section 93.481, subdivision 5. For project-specific wetland​ replacement completed prior to wetland impacts authorized or conducted under a permit to mine within the​ Great Lakes and Rainy River watershed basins, those basins shall be considered a single watershed for​ purposes of determining wetland-replacement ratios. Mining reclamation plans shall apply the same principles​ and standards for replacing wetlands that are applicable to mitigation plans approved as provided in section​ 103G.2242. The commissioner must provide notice of an application for wetland replacement under a permit​ to mine to the county in which the impact is proposed and the county in which a mitigation site is proposed.​ Public value must be determined in accordance with section 103B.3355 or a comprehensive wetland protection​ and management plan established under section 103G.2243. Sections 103G.221 to 103G.2372 also apply​ to excavation in permanently and semipermanently flooded areas of types 3, 4, and 5 wetlands.​ (b) Replacement must be guided by the following principles in descending order of priority:​ (1) avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland;​ (2) minimizing the impact by limiting the degree or magnitude of the wetland activity and its​ implementation;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 14​MINNESOTA STATUTES 2018​103G.2212​ (3) rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment;​ (4) reducing or eliminating the impact over time by preservation and maintenance operations during the​ life of the activity;​ (5) compensating for the impact by restoring a wetland; and​ (6) compensating for the impact by replacing or providing substitute wetland resources or environments.​ For a project involving the draining or filling of wetlands in an amount not exceeding 10,000 square​ feet more than the applicable amount in section 103G.2241, subdivision 9, paragraph (a), the local government​ unit may make an on-site sequencing determination without a written alternatives analysis from the applicant.​ (c) If a wetland is located in a cultivated field, then replacement must be accomplished through restoration​ only without regard to the priority order in paragraph (b), provided that the altered wetland is not converted​ to a nonagricultural use for at least ten years.​ (d) If a wetland is replaced under paragraph (c), or drained under section 103G.2241, subdivision 2,​ paragraph (b) or (e), the local government unit may require a deed restriction that prohibits nonagricultural​ use for at least ten years. The local government unit may require the deed restriction if it determines the​ wetland area drained is at risk of conversion to a nonagricultural use within ten years based on the zoning​ classification, proximity to a municipality or full service road, or other criteria as determined by the local​ government unit.​ (e) Restoration and replacement of wetlands must be accomplished in accordance with the ecology of​ the landscape area affected and ponds that are created primarily to fulfill storm water management, and​ water quality treatment requirements may not be used to satisfy replacement requirements under this chapter​ unless the design includes pretreatment of runoff and the pond is functioning as a wetland.​ (f) Except as provided in paragraph (g), for a wetland or public waters wetland located on nonagricultural​ land, replacement must be in the ratio of two acres of replaced wetland for each acre of drained or filled​ wetland.​ (g) For a wetland or public waters wetland located on agricultural land or in a greater than 80 percent​ area, replacement must be in the ratio of one acre of replaced wetland for each acre of drained or filled​ wetland.​ (h) Wetlands that are restored or created as a result of an approved replacement plan are subject to the​ provisions of this section for any subsequent drainage or filling.​ (i) Except in a greater than 80 percent area, only wetlands that have been restored from previously​ drained or filled wetlands, wetlands created by excavation in nonwetlands, wetlands created by dikes or​ dams along public or private drainage ditches, or wetlands created by dikes or dams associated with the​ restoration of previously drained or filled wetlands may be used for wetland replacement according to rules​ adopted under section 103G.2242, subdivision 1. Modification or conversion of nondegraded naturally​ occurring wetlands from one type to another are not eligible for wetland replacement.​ (j) The Technical Evaluation Panel established under section 103G.2242, subdivision 2, shall ensure​ that sufficient time has occurred for the wetland to develop wetland characteristics of soils, vegetation, and​ hydrology before recommending that the wetland be deposited in the statewide wetland bank. If the Technical​ Evaluation Panel has reason to believe that the wetland characteristics may change substantially, the panel​ shall postpone its recommendation until the wetland has stabilized.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.222​MINNESOTA STATUTES 2018​15​ (k) This section and sections 103G.223 to 103G.2242, 103G.2364, and 103G.2365 apply to the state​ and its departments and agencies.​ (l) For projects involving draining or filling of wetlands associated with a new public transportation​ project, and for projects expanded solely for additional traffic capacity, public transportation authorities​ may purchase credits from the board at the cost to the board to establish credits. Proceeds from the sale of​ credits provided under this paragraph are appropriated to the board for the purposes of this paragraph. For​ the purposes of this paragraph, "transportation project" does not include an airport project.​ (m) A replacement plan for wetlands is not required for individual projects that result in the filling or​ draining of wetlands for the repair, rehabilitation, reconstruction, or replacement of a currently serviceable​ existing state, city, county, or town public road necessary, as determined by the public transportation authority,​ to meet state or federal design or safety standards or requirements, excluding new roads or roads expanded​ solely for additional traffic capacity lanes. This paragraph only applies to authorities for public transportation​ projects that:​ (1) minimize the amount of wetland filling or draining associated with the project and consider mitigating​ important site-specific wetland functions on site;​ (2) except as provided in clause (3), submit project-specific reports to the board, the Technical Evaluation​ Panel, the commissioner of natural resources, and members of the public requesting a copy at least 30 days​ prior to construction that indicate the location, amount, and type of wetlands to be filled or drained by the​ project or, alternatively, convene an annual meeting of the parties required to receive notice to review projects​ to be commenced during the upcoming year; and​ (3) for minor and emergency maintenance work impacting less than 10,000 square feet, submit​ project-specific reports, within 30 days of commencing the activity, to the board that indicate the location,​ amount, and type of wetlands that have been filled or drained.​ Those required to receive notice of public transportation projects may appeal minimization, delineation,​ and on-site mitigation decisions made by the public transportation authority to the board according to the​ provisions of section 103G.2242, subdivision 9. The Technical Evaluation Panel shall review minimization​ and delineation decisions made by the public transportation authority and provide recommendations regarding​ on-site mitigation if requested to do so by the local government unit, a contiguous landowner, or a member​ of the Technical Evaluation Panel.​ Except for state public transportation projects, for which the state Department of Transportation is​ responsible, the board must replace the wetlands, and wetland areas of public waters if authorized by the​ commissioner or a delegated authority, drained or filled by public transportation projects on existing roads.​ Public transportation authorities at their discretion may deviate from federal and state design standards​ on existing road projects when practical and reasonable to avoid wetland filling or draining, provided that​ public safety is not unreasonably compromised. The local road authority and its officers and employees are​ exempt from liability for any tort claim for injury to persons or property arising from travel on the highway​ and related to the deviation from the design standards for construction or reconstruction under this paragraph.​ This paragraph does not preclude an action for damages arising from negligence in construction or​ maintenance on a highway.​ (n) If a landowner seeks approval of a replacement plan after the proposed project has already affected​ the wetland, the local government unit may require the landowner to replace the affected wetland at a ratio​ not to exceed twice the replacement ratio otherwise required.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 16​MINNESOTA STATUTES 2018​103G.222​ (o) A local government unit may request the board to reclassify a county or watershed on the basis of​ its percentage of presettlement wetlands remaining. After receipt of satisfactory documentation from the​ local government, the board shall change the classification of a county or watershed. If requested by the​ local government unit, the board must assist in developing the documentation. Within 30 days of its action​ to approve a change of wetland classifications, the board shall publish a notice of the change in the​ Environmental Quality Board Monitor.​ (p) One hundred citizens who reside within the jurisdiction of the local government unit may request​ the local government unit to reclassify a county or watershed on the basis of its percentage of presettlement​ wetlands remaining. In support of their petition, the citizens shall provide satisfactory documentation to the​ local government unit. The local government unit shall consider the petition and forward the request to the​ board under paragraph (o) or provide a reason why the petition is denied.​ Subd. 2. Restoration project; priorities. The board shall give priority to restoration projects that:​ (1) will encourage land use that leads to more compact development or redevelopment;​ (2) will encourage public or private infrastructure investments which connect ecosystems and​ communities, attract private sector investment in commercial or residential properties adjacent to the public​ improvement; or​ (3) are located in critical rural and urban watersheds.​ Subd. 3. Wetland replacement siting. (a) Impacted wetlands outside of a greater than 80 percent area​ must not be replaced in a greater than 80 percent area. All wetland replacement must follow this priority​ order:​ (1) in the same minor watershed as the impacted wetland;​ (2) in the same watershed as the impacted wetland;​ (3) in the same wetland bank service area as the impacted wetland; and​ (4) in another wetland bank service area.​ (b) Notwithstanding paragraph (a), wetland banking credits approved according to a complete wetland​ banking application submitted to a local government unit by April 1, 1996, may be used to replace wetland​ impacts resulting from public transportation projects statewide.​ (c) Notwithstanding paragraph (a), clauses (1) and (2), the priority order for replacement by wetland​ banking begins at paragraph (a), clause (3), according to rules adopted under section 103G.2242, subdivision​ 1.​ (d) When reasonable, practicable, and environmentally beneficial replacement opportunities are not​ available in siting priorities listed in paragraph (a), the applicant may seek opportunities at the next level.​ (e) For the purposes of this section, "reasonable, practicable, and environmentally beneficial replacement​ opportunities" are defined as opportunities that:​ (1) take advantage of naturally occurring hydrogeomorphological conditions and require minimal​ landscape alteration;​ (2) have a high likelihood of becoming a functional wetland that will continue in perpetuity;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.222​MINNESOTA STATUTES 2018​17​ (3) do not adversely affect other habitat types or ecological communities that are important in maintaining​ the overall biological diversity of the area; and​ (4) are available and capable of being done after taking into consideration cost, existing technology,​ and logistics consistent with overall project purposes.​ (f) Regulatory agencies, local government units, and other entities involved in wetland restoration shall​ collaborate to identify potential replacement opportunities within their jurisdictional areas.​ (g) The board must establish wetland-replacement ratios and wetland bank service area priorities to​ implement the siting and targeting of wetland replacement and encourage the use of high priority areas for​ wetland replacement.​ (h) Wetland replacement sites identified in accordance with the priority order for replacement siting in​ paragraph (a) as part of the completion of an adequate environmental impact statement may be approved​ for a replacement plan under section 93.481, 103G.2242, or 103G.2243 without further modification related​ to the priority order, notwithstanding availability of new mitigation sites or availability of credits after​ completion of an adequate environmental impact statement. Wetland-replacement-plan applications must​ be submitted within one year of the adequacy determination of the environmental impact statement to be​ eligible for approval under this paragraph.​ History: 1991 c 354 art 6 s 8; 1993 c 175 s 2; 1994 c 627 s 3; 1996 c 462 s 24; 2000 c 382 s 5; 2003​ c 128 art 1 s 112,113; 2004 c 255 s 44; 2007 c 57 art 1 s 120,121; 2008 c 179 s 33; 2011 c 107 s 66,67;​ 2012 c 272 s 41; 1Sp2015 c 4 art 4 s 82,83; 2017 c 93 art 2 s 110,111​ 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​ 103G.2241 EXEMPTIONS.​ Subdivision 1. Agricultural activities. A replacement plan for wetlands is not required for:​ (1) activities in a wetland that was planted with annually seeded crops, was in a crop rotation seeding​ of pasture grass or legumes, or was required to be set aside to receive price support or other payments under​ United States Code, title 7, sections 1421 to 1469, in six of the last ten years prior to January 1, 1991;​ (2) activities in a type 1 wetland on agricultural pasture land that remains in the same use, except for​ bottomland hardwood type 1 wetlands, and activities in a type 2 or type 6 wetland that is less than two acres​ in size and located on agricultural pasture land that remains in the same use;​ (3) activities in a wetland conducted as part of normal farming practices. For purposes of this clause,​ "normal farming practices" means farming, silvicultural, grazing, and ranching activities such as plowing,​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 18​MINNESOTA STATUTES 2018​103G.222​ seeding, cultivating, and harvesting for the production of feed, food, and fiber products, but does not include​ activities that result in the draining of wetlands;​ (4) soil and water conservation practices approved by the soil and water conservation district, after​ review by the Technical Evaluation Panel;​ (5) aquaculture activities including pond excavation and construction and maintenance of associated​ access roads and dikes authorized under, and conducted in accordance with, a permit issued by the United​ States Army Corps of Engineers under section 404 of the federal Clean Water Act, United States Code, title​ 33, section 1344, but not including construction or expansion of buildings;​ (6) wild rice production activities, including necessary diking and other activities authorized under a​ permit issued by the United States Army Corps of Engineers under section 404 of the federal Clean Water​ Act, United States Code, title 33, section 1344; or​ (7) agricultural activities on agricultural land that is subject to the swampbuster provisions of the federal​ farm program restrictions consistent with a memorandum of understanding and related agreements between​ the board and the United States Department of Agriculture, Natural Resources Conservation Service.​ Subd. 2. Drainage. (a) For the purposes of this subdivision, "public drainage system" means a drainage​ system as defined in section 103E.005, subdivision 12, and any ditch or tile lawfully connected to the drainage​ system.​ (b) A replacement plan is not required for draining of type 1 wetlands, or up to five acres of type 2 or​ 6 wetlands, in an unincorporated area on land that has been assessed drainage benefits for a public drainage​ system, provided that:​ (1) during the 20-year period that ended January 1, 1992:​ (i) there was an expenditure made from the drainage system account for the public drainage system;​ (ii) the public drainage system was repaired or maintained as approved by the drainage authority; or​ (iii) no repair or maintenance of the public drainage system was required under section 103E.705,​ subdivision 1, as determined by the public drainage authority; and​ (2) the wetlands are not drained for conversion to:​ (i) platted lots;​ (ii) planned unit, commercial, or industrial developments; or​ (iii) any development with more than one residential unit per 40 acres, except for parcels subject to local​ zoning standards that allow for family members to establish an additional residence on the same 40 acres.​ If wetlands drained under this paragraph are converted to uses prohibited under clause (2) during the ten-year​ period following drainage, the wetlands must be replaced under section 103G.222.​ (c) A replacement plan is not required for draining or filling of wetlands, except for draining types 3,​ 4, and 5 wetlands that have been in existence for more than 25 years, resulting from maintenance and repair​ of existing public drainage systems.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.2241​MINNESOTA STATUTES 2018​19​ (d) A replacement plan is not required for draining or filling of wetlands, except for draining wetlands​ that have been in existence for more than 25 years, resulting from maintenance and repair of existing drainage​ systems other than public drainage systems.​ (e) A replacement plan is not required for draining agricultural land that: (1) was planted with annually​ seeded crops before July 5, except for crops that are normally planted after that date, in eight out of the ten​ most recent years prior to the impact; (2) was in a crop rotation seeding of pasture grass, cover crop, or​ legumes, or was fallow for a crop production purpose, in eight out of the ten most recent years prior to the​ impact; or (3) was enrolled in a state or federal land conservation program and met the requirements of​ clause (1) or (2) before enrollment.​ (f) The public drainage authority may, as part of the repair, install control structures, realign the ditch,​ construct dikes along the ditch, or make other modifications as necessary to prevent drainage of the wetland.​ (g) Wetlands of all types that would be drained as a part of a public drainage repair project are eligible​ for the permanent wetlands preserve under section 103F.516. The board shall give priority to acquisition of​ easements on types 3, 4, and 5 wetlands that have been in existence for more than 25 years on public drainage​ systems and other wetlands that have the greatest risk of drainage from a public drainage repair project.​ Subd. 3. Federal approvals. A replacement plan for wetlands is not required for activities authorized​ under the federal Clean Water Act, section 404, or the Rivers and Harbors Act, section 10, regulations that​ meet minimum state standards under this chapter and sections 103A.202 and 103B.3355 and that have been​ approved by the Board of Water and Soil Resources, the commissioners of natural resources and agriculture,​ and the Pollution Control Agency.​ Subd. 4. Wetland restoration. A replacement plan for wetlands is not required for:​ (1) activities in a wetland restored or created for conservation purposes under a contract or easement​ providing the landowner with the right to drain the restored or created wetland; or​ (2) activities in a wetland restored or created by a landowner without any assistance or financing from​ public agencies or private entities other than the landowner and the wetland has not been used for wetland​ replacement or deposited in the state wetland bank.​ Subd. 5. Incidental wetlands. A replacement plan for wetlands is not required for activities in a wetland​ created solely as a result of:​ (1) beaver dam construction;​ (2) blockage of culverts through roadways maintained by a public or private entity;​ (3) actions by public or private entities that were taken for a purpose other than creating the wetland;​ or​ (4) any combination of clauses (1) to (3).​ Subd. 6. Utilities; public works. (a) A replacement plan for wetlands is not required for:​ (1) new placement or maintenance, repair, enhancement, or replacement of existing utility or utility-type​ service, including pipelines, if:​ (i) the direct and indirect impacts of the proposed project have been avoided and minimized to the extent​ possible; and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 20​MINNESOTA STATUTES 2018​103G.2241​ (ii) the proposed project significantly modifies or alters less than one-half acre of wetlands;​ (2) activities associated with operation, routine maintenance, or emergency repair of existing utilities​ and public work structures, including pipelines, provided the activities do not result in additional wetland​ intrusion or additional draining or filling of a wetland either wholly or partially; or​ (3) repair and updating of existing subsurface sewage treatment systems necessary to comply with local,​ state, and federal regulations.​ (b) For maintenance, repair, and replacement, the local government unit may issue a seasonal or annual​ exemption certification or the utility may proceed without local government unit certification if the utility​ is carrying out the work according to approved best management practices. Work of an emergency nature​ may proceed as necessary and any drain or fill activities shall be addressed with the local government unit​ after the emergency work has been completed.​ Subd. 7. Forestry. A replacement plan for wetlands is not required for:​ (1) temporarily crossing or entering a wetland to perform silvicultural activities, including timber harvest​ as part of a forest management activity, so long as the activity limits the impact on the hydrologic and​ biologic characteristics of the wetland; the activities do not result in the construction of dikes, drainage​ ditches, tile lines, or buildings; and the timber harvesting and other silvicultural practices do not result in​ the drainage of the wetland or public waters; or​ (2) permanent access for forest roads across wetlands so long as the activity limits the impact on the​ hydrologic and biologic characteristics of the wetland; the construction activities do not result in the access​ becoming a dike, drainage ditch, or tile line; filling is avoided wherever possible; and there is no drainage​ of the wetland or public waters.​ Subd. 8. [Repealed, 2007 c 57 art 1 s 170]​ Subd. 9. De minimis. (a) Except as provided in paragraphs (d), (e), (f), (g), (h), and (i), a replacement​ plan for wetlands is not required for draining or filling the following amounts of wetlands as part of a project​ outside of the shoreland wetland protection zone:​ (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack wetlands, in a​ greater than 80 percent area;​ (2) 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack wetlands, in a​ 50 to 80 percent area, except within the 11-county metropolitan area;​ (3) 2,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack wetlands, in a​ less than 50 percent area, except within the 11-county metropolitan area; or​ (4) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland.​ (b) Except as provided in paragraphs (e), (f), (g), (h), and (i), a replacement plan for wetlands is not​ required for draining or filling the following amounts of wetlands as part of a project within the shoreland​ wetland protection zone beyond the shoreland building setback zone:​ (1) 400 square feet of type 1, 2, 6, or 7 wetland; or​ (2) 100 square feet of type 3, 4, 5, or 8 wetland or white cedar and tamarack wetland.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.2241​MINNESOTA STATUTES 2018​21​ In a greater than 80 percent area, the de minimis amount allowed under clause (1) may be increased up​ to 1,000 square feet if the wetland is isolated and is determined to have no direct surficial connection to the​ public water or if permanent water runoff retention or infiltration measures are established in proximity as​ approved by the shoreland management authority.​ (c) Except as provided in paragraphs (e), (f), (g), (h), and (i), a replacement plan for wetlands is not​ required for draining or filling up to 20 square feet of wetland as part of a project within the shoreland​ building setback zone, as defined in the local shoreland management ordinance. The amount in this paragraph​ may be increased to 100 square feet if permanent water runoff retention or infiltration measures are established​ in proximity as approved by the shoreland management authority.​ (d) Except as provided in paragraphs (b), (c), (e), (f), (g), (h), and (i), a replacement plan is not required​ for draining or filling amounts of wetlands as part of a project:​ (1) 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and tamarack wetlands, outside​ of the shoreland wetland protection zone in a 50 to 80 percent area within the 11-county metropolitan area;​ or​ (2) 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland protection zone in a​ less than 50 percent area within the 11-county metropolitan area.​ For purposes of this subdivision, the 11-county metropolitan area consists of the counties of Anoka,​ Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, Washington, and Wright.​ (e) The amounts listed in paragraphs (a), (b), and (c) may not be combined on a project.​ (f) This exemption no longer applies to a landowner's portion of a wetland when the cumulative area​ drained or filled of the landowner's portion since January 1, 1992, is the greatest of:​ (1) the applicable area listed in paragraph (a), (b), or (c), if the landowner owns the entire wetland;​ (2) five percent of the landowner's portion of the wetland; or​ (3) 400 square feet.​ (g) This exemption may not be combined with another exemption in this section on a project.​ (h) Property may not be divided to increase the amounts listed in paragraph (a).​ (i) If a local ordinance or similar local control is more restrictive than this subdivision, the local standard​ applies.​ Subd. 10. Wildlife habitat. A replacement plan for wetlands is not required for:​ (1) deposition of spoil resulting from excavation within a wetland for a wildlife habitat improvement​ project, if:​ (i) the area of deposition does not exceed five percent of the wetland area or one-half acre, whichever​ is less, and the spoil is stabilized and permanently seeded to prevent erosion;​ (ii) the project does not have an adverse impact on any species designated as endangered or threatened​ under state or federal law; and​ (iii) the project will provide wildlife habitat improvement as certified by the soil and water conservation​ district; or​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 22​MINNESOTA STATUTES 2018​103G.2241​ (2) duck blinds.​ Subd. 11. Exemption conditions. (a) A person conducting an activity in a wetland under an exemption​ in subdivisions 1 to 10 shall ensure that:​ (1) appropriate erosion control measures are taken to prevent sedimentation of the water;​ (2) the activity does not block fish passage in a watercourse; and​ (3) the activity is conducted in compliance with all other applicable federal, state, and local requirements,​ including best management practices and water resource protection requirements established under chapter​ 103H.​ (b) An activity is exempt if it qualifies for any one of the exemptions, even though it may be indicated​ as not exempt under another exemption.​ (c) Persons proposing to conduct an exempt activity are encouraged to contact the local government​ unit or the local government unit's designee for advice on minimizing wetland impacts.​ (d) The board shall develop rules that address the application and implementation of exemptions and​ that provide for estimates and reporting of exempt wetland impacts, including those in section 103G.2241,​ subdivisions 2, 6, and 9.​ History: 1991 c 354 art 6 s 10; 1993 c 175 s 3; 1993 c 226 s 20; 1994 c 627 s 4; 1996 c 462 s 25; 2000​ c 382 s 6-8; 2007 c 57 art 1 s 122-127; 2007 c 131 art 1 s 55; 2009 c 109 s 14; 2012 c 272 s 42,43​ 103G.2242 WETLAND VALUE REPLACEMENT PLANS.​ Subdivision 1. Rules. (a) The board, in consultation with the commissioner, shall adopt rules governing​ the approval of wetland value replacement plans under this section and public-waters-work permits affecting​ public waters wetlands under section 103G.245. These rules must address the criteria, procedure, timing,​ and location of acceptable replacement of wetland values and may address the state establishment and​ administration of a wetland banking program for public and private projects, including provisions for an​ in-lieu fee program; the administrative, monitoring, and enforcement procedures to be used; and a procedure​ for the review and appeal of decisions under this section. In the case of peatlands, the replacement plan rules​ must consider the impact on carbon. Any in-lieu fee program established by the board must conform with​ Code of Federal Regulations, title 33, section 332.8, as amended.​ (b) After the adoption of the rules, a replacement plan must be approved by a resolution of the governing​ body of the local government unit, consistent with the provisions of the rules or a comprehensive wetland​ protection and management plan approved under section 103G.2243.​ (c) If the local government unit fails to apply the rules, or fails to implement a local comprehensive​ wetland protection and management plan established under section 103G.2243, the government unit is​ subject to penalty as determined by the board.​ (d) When making a determination under rules adopted pursuant to this subdivision on whether a rare​ natural community will be permanently adversely affected, consideration of measures to mitigate any adverse​ effect on the community must be considered.​ Subd. 2. Evaluation. (a) Questions concerning the public value, location, size, or type of a wetland shall​ be submitted to and determined by a Technical Evaluation Panel after an on-site inspection. The Technical​ Evaluation Panel shall be composed of a technical professional employee of the board, a technical professional​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.2242​MINNESOTA STATUTES 2018​23​ employee of the local soil and water conservation district or districts, a technical professional with expertise​ in water resources management appointed by the local government unit, and a technical professional employee​ of the Department of Natural Resources for projects affecting public waters or wetlands adjacent to public​ waters. The panel shall use the "United States Army Corps of Engineers Wetland Delineation Manual"​ (January 1987), including updates, supplementary guidance, and replacements, if any, "Wetlands of the​ United States" (United States Fish and Wildlife Service Circular 39, 1971 edition), and "Classification of​ Wetlands and Deepwater Habitats of the United States" (1979 edition). The panel shall provide the wetland​ determination and recommendations on other technical matters to the local government unit that must approve​ a replacement plan, sequencing, exemption determination, no-loss determination, or wetland boundary or​ type determination and may recommend approval or denial of the plan. The authority must consider and​ include the decision of the Technical Evaluation Panel in their approval or denial of a plan or determination.​ (b) A member of the Technical Evaluation Panel that has a financial interest in a wetland bank or​ management responsibility to sell or make recommendations in their official capacity to sell credits from a​ publicly owned wetland bank must disclose that interest, in writing, to the Technical Evaluation Panel and​ the local government unit.​ (c) Persons conducting wetland or public waters boundary delineations or type determinations are exempt​ from the requirements of chapter 326. The board may develop a professional wetland delineator certification​ program.​ (d) The board must establish an interagency team to assist in identifying and evaluating potential wetland​ replacement sites. The team must consist of members of the Technical Evaluation Panel and representatives​ from the Department of Natural Resources; the Pollution Control Agency; the United States Army Corps​ of Engineers, St. Paul district; and other organizations as determined by the board.​ Subd. 2a. Wetland boundary or type determination. (a) A landowner may apply for a wetland boundary​ or type determination from the local government unit. The landowner applying for the determination is​ responsible for submitting proof necessary to make the determination, including, but not limited to, wetland​ delineation field data, observation well data, topographic mapping, survey mapping, and information regarding​ soils, vegetation, hydrology, and groundwater both within and outside of the proposed wetland boundary.​ (b) A local government unit that receives an application under paragraph (a) may seek the advice of the​ Technical Evaluation Panel as described in subdivision 2, and, if necessary, expand the Technical Evaluation​ Panel. The local government unit may delegate the decision authority for wetland boundary or type​ determinations to designated staff, or establish other procedures it considers appropriate.​ (c) The local government unit decision must be made in compliance with section 15.99. Within ten​ calendar days of the decision, the local government unit decision must be mailed or sent by electronic​ transmission to the landowner, members of the Technical Evaluation Panel, the watershed district or watershed​ management organization, if one exists, and individual members of the public who request a copy.​ (d) The local government unit decision is valid for five years unless the Technical Evaluation Panel​ determines that natural or artificial changes to the hydrology, vegetation, or soils of the area have been​ sufficient to alter the wetland boundary or type.​ Subd. 3. Replacement completion. (a) Replacement of wetland values must be completed prior to or​ concurrent with the actual draining or filling of a wetland, unless:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 24​MINNESOTA STATUTES 2018​103G.2242​ (1) an irrevocable bank letter of credit or other financial assurance acceptable to the local government​ unit or the board is given to the local government unit or the board to guarantee the successful completion​ of the replacement; or​ (2) the replacement is approved under an in-lieu fee program according to rules adopted under subdivision​ 1. In the case of an in-lieu fee program established by a board-approved sponsor, the board may require that​ a financial assurance in an amount and method acceptable to the board be given to the board to ensure the​ approved sponsor fulfills the sponsor's obligation to complete the required wetland replacement.​ (b) The board may acquire land in fee title, purchase or accept easements, enter into agreements, and​ purchase existing wetland replacement credits to facilitate the wetland banking program. The board may​ establish in-lieu fee payment amounts and hold money in an account in the special revenue fund, which is​ appropriated to the board to be used solely for establishing replacement wetlands and administering the​ wetland banking program.​ (c) The board shall coordinate the establishment and operation of a wetland bank with the United States​ Army Corps of Engineers, the Natural Resources Conservation Service of the United States Department of​ Agriculture, and the commissioners of natural resources, agriculture, and the Pollution Control Agency.​ Subd. 4. Decision. Upon receiving and considering all required data, the local government unit reviewing​ replacement plan applications, sequencing applications, and exemption or no-loss determination requests​ must act on all replacement plan applications, sequencing applications, and exemption or no-loss determination​ requests in compliance with section 15.99.​ Subd. 5. Processing fee. The local government unit and soil and water conservation district may charge​ processing fees in amounts not greater than are necessary to cover the reasonable costs of implementing the​ rules adopted under subdivision 1 and for technical and administrative assistance to landowners in processing​ other applications for projects affecting wetlands.​ Subd. 6. Notice of application. (a) Application for approval of a replacement plan under this section​ must be reviewed by the local government according to section 15.99, subdivision 3, paragraph (a). Copies​ of the complete application must be mailed or sent by electronic transmission to the members of the Technical​ Evaluation Panel, the managers of the watershed district if one exists, and the commissioner of natural​ resources. Individual members of the public who request a copy shall be provided information to identify​ the applicant and the location and scope of the project.​ (b) For the purpose of this subdivision, "application" includes a revised application for replacement plan​ approval and an application for a revision to an approved replacement plan if:​ (1) the wetland area to be drained or filled under the revised replacement plan is at least ten percent​ larger than the area to be drained or filled under the original replacement plan; or​ (2) the wetland area to be drained or filled under the revised replacement is located more than 500 feet​ from the area to be drained or filled under the original replacement plan.​ Subd. 7. Notice of decision. Within ten days of the approval or denial of a replacement plan under this​ section, notice of the decision must be mailed or sent by electronic transmission to members of the Technical​ Evaluation Panel, the applicant, individual members of the public who request a copy, the managers of the​ watershed district, if one exists, and the commissioner of natural resources.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.2242​MINNESOTA STATUTES 2018​25​ Subd. 8. Public comment period. Except for activities impacting less than 10,000 square feet of wetland,​ before approval or denial of a replacement plan under this section, comments may be made by the public to​ the local government unit for a period of 15 days or more, as determined by the local government unit.​ Subd. 9. Appeals to board. (a) Appeal of a replacement plan, sequencing, exemption, wetland banking,​ wetland boundary or type determination, or no-loss decision may be obtained by mailing a petition and​ payment of a filing fee, which shall be retained by the board to defray administrative costs, to the board​ within 30 days after the postmarked date of the mailing or date of sending by electronic transmission specified​ in subdivision 7. If appeal is not sought within 30 days, the decision becomes final. If the petition for hearing​ is accepted, the amount posted must be returned to the petitioner. Appeal may be made by:​ (1) the wetland owner;​ (2) any of those to whom notice is required to be mailed or sent by electronic transmission under​ subdivision 7; or​ (3) 100 residents of the county in which a majority of the wetland is located.​ (b) Within 30 days after receiving a petition, the board shall decide whether to grant the petition and​ hear the appeal. The board shall grant the petition unless the board finds that:​ (1) the appeal is without significant merit, trivial, or brought solely for the purposes of delay;​ (2) the petitioner has not exhausted all local administrative remedies;​ (3) expanded technical review is needed;​ (4) the local government unit's record is not adequate; or​ (5) the petitioner has not posted a letter of credit, cashier's check, or cash if required by the local​ government unit.​ (c) In determining whether to grant the appeal, the board, executive director, or dispute resolution​ committee shall also consider the size of the wetland, other factors in controversy, any patterns of similar​ acts by the local government unit or petitioner, and the consequences of the delay resulting from the appeal.​ (d) If an appeal is granted, the appeal must be heard by the committee for dispute resolution of the board,​ and a decision must be made by the board within 60 days of filing the local government unit's record and​ the written briefs submitted for the appeal and the hearing. The decision must be served by mail or by​ electronic transmission to the parties to the appeal, and is not subject to the provisions of chapter 14. A​ decision whether to grant a petition for appeal and a decision on the merits of an appeal must be considered​ the decision of an agency in a contested case for purposes of judicial review under sections 14.63 to 14.69.​ (e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to defray the administrative​ costs of appeals made to the board under this subdivision. Fees established under this authority shall not​ exceed $1,000. Establishment of the fee is not subject to the rulemaking process of chapter 14 and section​ 14.386 does not apply.​ Subd. 9a. Appeals of restoration or replacement orders. A landowner or other responsible party may​ appeal the terms and conditions of a restoration or replacement order within 30 days of receipt of written​ notice of the order. The time frame for the appeal may be extended beyond 30 days by mutual agreement,​ in writing, between the landowner or responsible party, the local government unit, and the enforcement​ authority. If the written request is not submitted within 30 days, the order is final. The board's executive​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 26​MINNESOTA STATUTES 2018​103G.2242​ director must review the request and supporting evidence and render a decision within 60 days of receipt of​ a petition. A decision on an appeal must be considered the decision of an agency in a contested case for​ purposes of judicial review under sections 14.63 to 14.69.​ Subd. 10. Local requirements. The rules adopted under subdivision 1 shall allow for local government​ units to use their own notice and public comment procedures so long as the requirements of this section are​ satisfied.​ Subd. 11. [Expired.]​ Subd. 12. Replacement credits. (a) No public or private wetland restoration, enhancement, or construction​ may be allowed for replacement unless specifically designated for replacement and paid for by the individual​ or organization performing the wetland restoration, enhancement, or construction.​ (b) Paragraph (a) does not apply to a wetland whose owner has paid back with interest the individual​ or organization restoring, enhancing, or constructing the wetland.​ (c) Notwithstanding section 103G.222, subdivision 1, paragraph (i), the following actions, and others​ established in rule, that are consistent with criteria in rules adopted by the board in conjunction with the​ commissioners of natural resources and agriculture, are eligible for replacement credit as determined by the​ local government unit or the board, including enrollment in a statewide wetlands bank:​ (1) reestablishment of permanent native, noninvasive vegetative cover on a wetland on agricultural land​ that was planted with annually seeded crops, was in a crop rotation seeding of pasture grasses or legumes,​ or was in a land retirement program during the past ten years;​ (2) buffer areas of permanent native, noninvasive vegetative cover established or preserved on upland​ adjacent to replacement wetlands;​ (3) wetlands restored for conservation purposes under terminated easements or contracts;​ (4) water quality treatment ponds constructed to pretreat storm water runoff prior to discharge to wetlands,​ public waters, or other water bodies, provided that the water quality treatment ponds must be associated​ with an ongoing or proposed project that will impact a wetland and replacement credit for the treatment​ ponds is based on the replacement of wetland functions and on an approved storm water management plan​ for the local government; and​ (5) in a greater than 80 percent area, restoration and protection of streams and riparian buffers that are​ important to the functions and sustainability of aquatic resources.​ (d) Notwithstanding section 103G.222, subdivision 1, paragraphs (f) and (g), the board may establish​ by rule different replacement ratios for restoration projects with exceptional natural resource value.​ Subd. 13. [Repealed, 1996 c 462 s 44]​ Subd. 14. Fees established. (a) Fees must be assessed for managing wetland bank accounts and​ transactions as follows:​ (1) account maintenance annual fee: one percent of the value of credits not to exceed $500;​ (2) account establishment, deposit, or transfer: 6.5 percent of the value of credits not to exceed $1,000​ per establishment, deposit, or transfer; and​ (3) withdrawal fee: 6.5 percent of the value of credits withdrawn.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.2242​MINNESOTA STATUTES 2018​27​ (b) The board may establish fees at or below the amounts in paragraph (a) for single-user or other​ dedicated wetland banking accounts.​ (c) Fees for single-user or other dedicated wetland banking accounts established pursuant to section​ 103G.005, subdivision 10i, clause (4), are limited to establishment of a wetland banking account and are​ assessed at the rate of 6.5 percent of the value of the credits not to exceed $1,000.​ (d) The board may assess a fee to pay the costs associated with establishing conservation easements, or​ other long-term protection mechanisms prescribed in the rules adopted under subdivision 1, on property​ used for wetland replacement.​ Subd. 15. Fees paid to board. All fees established in subdivisions 9 and 14 must be paid to the Board​ of Water and Soil Resources and are annually appropriated to the board for the purpose of administration​ of the wetland bank and to process appeals under section 103G.2242, subdivision 9.​ History: 1991 c 354 art 6 s 11; 1993 c 175 s 4,5; 1994 c 627 s 5-9; 1996 c 462 s 26-32; 1998 c 312 s​ 4; 2000 c 382 s 9-14; 2001 c 7 s 25; 2001 c 146 s 6,7; 2003 c 128 art 1 s 114,115; 2007 c 57 art 1 s 128-132;​ 2007 c 131 art 1 s 56; 2011 c 107 s 68-73; 2012 c 272 s 44; 1Sp2015 c 4 art 4 s 84-89,148; 2017 c 93 art​ 2 s 113,114​ 103G.2243 LOCAL COMPREHENSIVE WETLAND PROTECTION AND MANAGEMENT PLANS.​ Subdivision 1. General requirements; notice and participation. (a) As an alternative to the rules​ adopted under section 103G.2242, subdivision 1, and the public value criteria established or approved under​ section 103B.3355, a comprehensive wetland protection and management plan may be developed by a local​ government unit, or one or more local government units operating under a joint powers agreement, provided​ that:​ (1) a notice is made at the beginning of the planning process to the board, the commissioner of natural​ resources, the Pollution Control Agency, the commissioner of agriculture, local government units, and local​ citizens to actively participate in the development of the plan; and​ (2) the plan is implemented by ordinance as part of the local government's official controls under chapter​ 394, for a county; chapter 462, for a city; chapter 366, for a town; and by rules adopted under chapter 103D,​ for a watershed district; and chapter 103B, for a watershed management organization.​ (b) An organization that is invited to participate in the development of the local plan, but declines to do​ so and fails to participate or to provide written comments during the local review process, waives the right​ during board review to submit comments, except comments concerning consistency of the plan with laws​ and rules administered by that agency. In determining the merit of an agency comment, the board shall​ consider the involvement of the agency in the development of the local plan.​ Subd. 2. Plan contents. A comprehensive wetland protection and management plan may:​ (1) provide for classification of wetlands in the plan area based on:​ (i) an inventory of wetlands in the plan area;​ (ii) an assessment of the wetland functions listed in section 103B.3355, using a methodology chosen by​ the Technical Evaluation Panel from one of the methodologies established or approved by the board under​ that section; and​ (iii) the resulting public values;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 28​MINNESOTA STATUTES 2018​103G.2242​ (2) vary application of the sequencing standards in section 103G.222, subdivision 1, paragraph (b), for​ projects based on the classification and criteria set forth in the plan;​ (3) vary the replacement standards of section 103G.222, subdivision 1, paragraphs (f) and (g), based on​ the classification and criteria set forth in the plan, for specific wetland impacts provided there is no net loss​ of public values within the area subject to the plan, and so long as:​ (i) in a 50 to 80 percent area, a minimum acreage requirement of one acre of replaced wetland for each​ acre of drained or filled wetland requiring replacement is met within the area subject to the plan; and​ (ii) in a less than 50 percent area, a minimum acreage requirement of two acres of replaced wetland for​ each acre of drained or filled wetland requiring replacement is met within the area subject to the plan, except​ that replacement for the amount above a 1:1 ratio can be accomplished as described in section 103G.2242,​ subdivision 12; and​ (4) in a greater than 80 percent area, allow replacement credit, based on the classification and criteria​ set forth in the plan, for any project that increases the public value of wetlands, including activities on​ adjacent upland acres.​ Subd. 3. Board review and approval; mediation; judicial review. (a) The plan is deemed approved​ 60 days after the local government submits the final plan to the board, unless the board disagrees with the​ plan as provided in paragraph (d).​ (b) The board may not disapprove a plan if the board determines the plan meets the requirements of this​ section.​ (c) In its review of a plan, the board shall advise the local government unit of those elements of the plan​ that are more restrictive than state law and rules for purposes of section 103G.237, subdivision 5.​ (d) If the board disagrees with the plan or any elements of the plan, the board shall, in writing, notify​ the local government of the plan deficiencies and suggested changes. The board shall include in the response​ to the local government the scientific justification, if applicable, for the board's concerns with the plan. Upon​ receipt of the board's concerns with the plan, the local government has 60 days to revise the plan and resubmit​ the plan to the board for reconsideration, or the local government may request a hearing before the board.​ The board shall hold a hearing within the boundaries of the jurisdiction of the local government within 60​ days of the request for hearing. After the hearing, the board shall, within 60 days, prepare a report of its​ decision and inform the local government.​ (e) If, after the hearing, the board and local government disagree on the plan, the board shall, within 60​ days, initiate mediation through a neutral party. If the board and local government unit agree in writing not​ to use mediation or the mediation does not result in a resolution of the differences between the parties, then​ the board may commence a declaratory judgment action in the district court of the county where the local​ government unit is located. If the board does not commence a declaratory judgment action within the​ applicable 60-day period, the plan is deemed approved.​ (f) The declaratory judgment action must be commenced within 60 days after the date of the written​ agreement not to use mediation or 60 days after conclusion of the mediation. If the board commences a​ declaratory judgment action, the district court shall review the board's record of decision and the record of​ decision of the local government unit. The district court shall affirm the plan if it meets the requirements of​ this section.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.2243​MINNESOTA STATUTES 2018​29​ Subd. 4. Effective date; replacement decisions. (a) The plan becomes effective as provided in​ subdivision 3, paragraphs (d) to (f), and after adoption of the plan into the official controls of the local​ government.​ (b) After the effective date of a plan, a local government unit shall make replacement decisions consistent​ with the plan.​ Subd. 5. Plan amendments. Amendments to the plan become effective upon completion of the same​ process required for the original plan.​ Subd. 6. Water planning processes apply. Except as otherwise provided for in this section, all other​ requirements relating to development of the plan must be consistent with the water plan processes under​ sections 103B.231 and 103B.311.​ History: 1996 c 462 s 33; 1997 c 2 s 9; 1998 c 312 s 5; 2001 c 7 s 26; 2007 c 57 art 1 s 133​ 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​ 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​ 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​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 30​MINNESOTA STATUTES 2018​103G.2243​ (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​ 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​ 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​ 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​ 103G.2369 [Repealed, 1991 354 art 7 s 2; 1993 c 175 s 7]​ 103G.237 COMPENSATION FOR LOSS OF PRIVATE USE.​ Subdivision 1. General. A person whose replacement plan is not approved must be compensated as​ provided in this section. The person may drain or fill the wetland without an approved replacement plan if​ the person:​ (1) is eligible for compensation under subdivision 2;​ (2) applies for compensation in accordance with subdivision 3; and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.237​MINNESOTA STATUTES 2018​31​ (3) does not receive the compensation required in subdivision 4 within 90 days after the application for​ compensation is received by the board.​ Subd. 2. Eligibility. A person is eligible for compensation if:​ (1) the person applies for replacement plan approval under section 103G.2242;​ (2) the replacement plan is not approved or the plan conditions make the proposed use unworkable or​ not feasible;​ (3) the person appeals the disapproval of the plan;​ (4) the proposed use would otherwise be allowed under federal, state, and local laws, rules, ordinances,​ and other legal requirements;​ (5) the person has suffered or will suffer damages;​ (6) disallowing the proposed use will enhance the public value of the wetland; and​ (7) the person applies to the board for compensation.​ Subd. 3. Application. An application for compensation must be made on forms prescribed by the board​ and include:​ (1) the location and public value of the wetland where the use was proposed;​ (2) a description and reason for the proposed wetland use; and​ (3) the objection to the replacement plan, if any.​ Subd. 4. Compensation. (a) The board shall award compensation in an amount equal to the greater of:​ (1) 50 percent of the value of the wetland, calculated by multiplying the acreage of the wetland by the​ greater of:​ (i) the average equalized estimated market value of agricultural property in the township as established​ by the commissioner of revenue at the time application for compensation is made; or​ (ii) the assessed value per acre of the parcel containing the wetland, based on the assessed value of the​ parcel as stated on the most recent tax statement; or​ (2) $200 per acre of wetland subject to the replacement plan, increased or decreased by the percentage​ change of the assessed valuation of land in the township where the wetland is located from the 1995 valuation.​ (b) A person who receives compensation under paragraph (a) shall convey to the board a permanent​ conservation easement as described in section 103F.515, subdivision 4. An easement conveyed under this​ paragraph is subject to correction and enforcement under section 103F.515, subdivisions 8 and 9.​ Subd. 5. Compensation claims against local government units. (a) At the request of a local government​ unit against which a compensation action is brought based at least in part on the local government unit's​ application of this section or section 103G.222, 103G.2241, 103G.2242, 103G.2243, or 103G.2372, or rules​ adopted by the board to implement these sections, the state, through the attorney general, shall intervene in​ the action on behalf of the local government unit and shall thereafter be considered a defendant in the action.​ A local government unit making a request under this paragraph shall provide the attorney general with a​ copy of the complaint as soon as possible after being served. If requested by the attorney general, the court​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 32​MINNESOTA STATUTES 2018​103G.237​ shall grant additional time to file an answer equal to the time between service of the complaint on the local​ government unit and receipt of the complaint by the attorney general.​ (b) The state is liable for costs, damages, fees, and compensation awarded in the action based on the​ local government unit's adoption or implementation of standards that are required by state law, as determined​ by the court. The local government unit is liable for costs, damages, fees, and compensation awarded in the​ action based on local standards that are more restrictive than state law and rules.​ (c) For the purposes of this subdivision, "compensation action" means an action in which the plaintiff​ seeks compensation for a taking of private property under the state or federal constitution.​ History: 1991 c 354 art 6 s 17; 1994 c 627 s 10; 1996 c 462 s 35,36​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.2372​MINNESOTA STATUTES 2018​33​ 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​ 103G.2373 [Repealed, 2002 c 220 art 8 s 16]​ 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​ 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​ WORK AFFECTING 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 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 and telephone numbers of the regional offices of the Department of Natural​ Resources;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 34​MINNESOTA STATUTES 2018​103G.2372​ (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, 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​ 103G.245 WORK IN PUBLIC WATERS.​ Subdivision 1. Permit requirement. Except as provided in subdivisions 2, 11, and 12, the state, a​ political subdivision of the state, a public or private corporation, or a person must have a public-waters-work​ permit to:​ (1) construct, reconstruct, remove, abandon, transfer ownership of, or make any change in a reservoir,​ dam, or waterway obstruction on public waters; or​ (2) change or diminish the course, current, or cross section of public waters, entirely or partially within​ the state, by any means, including filling, excavating, or placing of materials in or on the beds of public​ waters.​ Subd. 2. Exceptions. A public-waters-work permit is not required for:​ (1) work in altered natural watercourses that are part of drainage systems established under chapter​ 103D or 103E if the work in the waters is undertaken according to chapter 103D or 103E;​ (2) a drainage project for a drainage system established under chapter 103E that does not substantially​ affect public waters; or​ (3) culvert restoration or replacement of the same size and elevation, if the restoration or replacement​ does not impact a designated trout stream.​ Subd. 3. Permit application. Application for a public-waters-work permit must be in writing to the​ commissioner on forms prescribed by the commissioner. The commissioner may issue a state general permit​ to a governmental subdivision or to the general public under which more than one project may be conducted​ under a single permit.​ Subd. 4. Boathouses and boat storage structures. (a) The following definitions apply to this subdivision:​ (1) "boathouse" means a structure or watercraft that is moored by spuds, cables, ropes, anchors, or chains​ that may be intended for habitation and has walls, a roof, and either an open well for boats or a floor from​ wall to wall and does not include watercraft that are designed and operated as motorboats;​ (2) "motorboat" means a watercraft that is designed for and is capable of navigation on the water and​ that has an adequately sized external or internal mechanical propulsion system for the type of watercraft;​ and​ (3) "boat storage structure" means a structure that is used for storing boats or float planes.​ (b) Boathouses and boat storage structures are prohibited on public waters of Minnesota, except as​ allowed by paragraphs (c) to (f).​ (c) The commissioner may issue a public-waters-work permit for boathouses, when approved by the​ local governmental unit and:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.245​MINNESOTA STATUTES 2018​35​ (1) only in areas of historic use for the structures, as determined by the commissioner, and where the​ boathouse was in existence on public waters prior to January 1, 1997; or​ (2) where the boathouse serves as a public service structure within a permitted commercial marina.​ (d) A boathouse in existence on public waters prior to January 1, 1997, may be repaired or replaced,​ provided that the repairs or replacement are consistent with the permit issued by the commissioner under​ paragraph (c).​ (e) The commissioner may issue a public-waters-work permit for the repair or replacement of boat​ storage structures when:​ (1) approved by the local governmental unit;​ (2) the boat storage structure was in existence prior to 1979 and is currently used for boat storage;​ (3) the boat storage structure is not habitable and is not connected to a sewage system;​ (4) the local government unit has had the opportunity to review the boat storage structure application​ and has not provided written comments opposing the application;​ (5) the total area of boat storage structures on the applicant's property and on public waters adjacent to​ the applicant's property is not increased;​ (6) the height of boat storage structures is not increased more than one foot, unless boat storage structures​ are consolidated and the same pitch roof results in an increased height; and​ (7) the public-waters-work permit with the specific dimensions and location of the boat storage structure​ is recorded in the real estate records of the office of the county recorder or registrar of titles in the county​ in which the applicant's property is located.​ (f) A boat storage structure may be repaired, replaced, or consolidated, provided that the repairs,​ replacement, or consolidation are consistent with the permit issued by the commissioner under paragraph​ (e). The repair or replacement of a boat storage structure may include:​ (1) the replacement of the foundation of the boat storage structure, provided that the material below the​ ordinary high-water mark is not toxic to aquatic life; and​ (2) the consolidation of multiple boat storage structures.​ (g) Notwithstanding sections 103F.201 to 103F.221, and rules adopted under those sections, the local​ zoning authority may approve a boat storage structure that is at or above the ordinary high-water level to​ replace a boat storage structure that is at or below the ordinary high-water level of a public water if the boat​ storage structure was in existence prior to 1979. The replacement boat storage structure may not exceed the​ total area of the boat storage structure being replaced. A boat storage structure that is replaced under this​ paragraph must be removed prior to building the replacement structure.​ Subd. 5. Delegating permit authority to local units of government. (a) The commissioner may delegate​ public-waters-work permit authority to the appropriate county or municipality or to watershed districts or​ watershed management organizations that have elected to assert local authority over protected waters. The​ public-waters-work permit authority must be delegated under guidelines of the commissioner and the​ delegation must be done by agreement with the involved county, municipality, watershed district, or water​ management organization and in compliance with section 103G.315.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 36​MINNESOTA STATUTES 2018​103G.245​ (b) For projects affecting public waters wetlands and for wetland areas of public waters affected by a​ public transportation project as determined by the commissioner, the commissioner may waive the requirement​ for a public-waters-work permit if the local government unit makes a replacement, no-loss, or exemption​ determination in compliance with sections 103A.201, 103B.3355, and 103G.222 to 103G.2372, and rules​ adopted pursuant to these same sections.​ (c) For projects affecting both public waters and wetlands, the local government unit may, by written​ agreement with the commissioner, waive the requirement for a replacement plan, no-loss, or exemption​ determination if a public-waters-work permit is required and the commissioner includes the provisions of​ sections 103A.201, 103B.3355, and 103G.222 to 103G.2372, and rules adopted pursuant to these same​ sections in the public-waters-work permit.​ Subd. 6. Conforming with water and related land resource management plans. A public-waters-work​ permit may not be issued under this section if the project does not conform to state, regional, and local water​ and related land resources management plans.​ Subd. 7. Effect on environment and mitigation. (a) A public-waters-work permit may be issued only​ if the project will involve a minimum encroachment, change, or damage to the environment, particularly​ the ecology of the waterway.​ (b) If a major change in the resource is justified, public-waters-work permits must include provisions​ to compensate for the detrimental aspects of the change.​ Subd. 8. Excavation in public waters. Public-waters-work permits for projects that involve excavation​ in the beds of public waters may be granted only if:​ (1) the area where the excavation will take place is covered by a shoreland zoning ordinance approved​ by the commissioner;​ (2) the work under the permit is consistent with the shoreland zoning ordinance; and​ (3) the permit includes provisions for the deposition of excavated materials.​ Subd. 9. Project affecting floodwaters. (a) A public-waters-work permit for a project affecting​ floodwaters may be granted only if:​ (1) the area covered by the public-waters-work permit is governed by a floodplain management ordinance​ approved by the commissioner; and​ (2) the conduct authorized by the public-waters-work permit is consistent with the floodplain management​ ordinance, if the commissioner has determined that enough information is available for the adoption of a​ floodplain ordinance.​ (b) A public-waters-work permit involving the control of floodwaters by structural means, such as dams,​ dikes, levees, and channel improvements, may be granted only after the commissioner has considered all​ other flood damage reduction alternatives. In developing a policy on placing emergency levees along the​ banks of public waters under emergency flood conditions, the commissioner shall consult and cooperate​ with the office of emergency services.​ Subd. 10. Changing level of public waters. (a) A public-waters-work permit that will change the level​ of public waters may not be issued unless:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.245​MINNESOTA STATUTES 2018​37​ (1) the shoreland adjacent to the waters to be changed is governed by a shoreland zoning ordinance​ approved by the commissioner; and​ (2) the change in water level is consistent with the shoreland zoning ordinance.​ (b) Standards and procedures for use in deciding the level of public waters must ensure that the rights​ of all persons are protected when public water levels are changed and must provide for:​ (1) technical advice to persons involved;​ (2) establishing alternatives to help local agencies resolve water level conflicts; and​ (3) mechanics necessary for local resolution of water problems within the state guidelines.​ Subd. 11. Emergency repairs. (a) The owner of a dam, reservoir, control structure, or waterway​ obstruction may make repairs that are immediately necessary in case of emergency without a​ public-waters-work permit under subdivision 1. The owner must immediately notify the commissioner of​ the emergency and of the emergency repairs being made. The owner must apply for a public-waters-work​ permit for the emergency repairs and necessary permanent repairs as soon as practicable.​ (b) This subdivision does not apply to routine maintenance not affecting the safety of the structures.​ (c) If the commissioner declares there is an emergency and repairs or remedial action are immediately​ necessary to safeguard life and property, the repairs, remedial action, or both, must be started immediately​ by the owner.​ Subd. 12. Operating structure predating permit requirement. The owner of a dam, reservoir, control​ structure, or waterway obstruction constructed before a public-waters-work permit was required by law must​ maintain and operate the dam, reservoir, control structure, or waterway obstruction in a manner approved​ and prescribed by rule by the commissioner.​ History: 1990 c 391 art 7 s 22; 1995 c 218 s 8,9; 1996 c 443 s 1,2; 1997 c 247 s 1; 2000 c 382 s 17;​ 2001 c 146 s 9; 2003 c 2 art 1 s 14; 2005 c 138 s 3; 2006 c 180 s 1; 2012 c 272 s 46,47; 2014 c 289 s 54;​ 1Sp2015 c 4 art 4 s 91​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 38​MINNESOTA STATUTES 2018​103G.245​ (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​ WATER DIVERSION AND APPROPRIATION​ 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​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.261​MINNESOTA STATUTES 2018​39​ (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​ 103G.265 WATER SUPPLY; MANAGEMENT.​ Subdivision 1. Assurance of supply. The commissioner shall develop and manage water resources to​ assure an adequate supply to meet long-range seasonal requirements for domestic, municipal, industrial,​ agricultural, fish and wildlife, recreational, power, navigation, and quality control purposes from waters of​ the state.​ Subd. 2. Diversion greater than 2,000,000 gallons per day. A water-use permit or a plan that requires​ a permit or the commissioner's approval, involving a diversion of waters of the state of more than 2,000,000​ gallons per day average in a 30-day period, to a place outside of this state or from the basin of origin within​ this state may not be granted or approved until a determination is made by the commissioner that the water​ remaining in the basin of origin will be adequate to meet the basin's water resources needs during the specified​ life of the diversion project and, for groundwater, the diversion meets the applicable standards under section​ 103G.287, subdivision 5.​ Subd. 2a. [Repealed, 2013 c 114 art 4 s 108]​ Subd. 3. Consumptive use of more than 2,000,000 gallons per day. A water-use permit or a plan that​ requires a permit or the commissioner's approval, involving a consumptive use of more than 2,000,000​ gallons per day average in a 30-day period, may not be granted or approved until a determination is made​ by the commissioner that the water remaining in the basin of origin will be adequate to meet the basin's​ water resources needs during the specified life of the consumptive use and, for groundwater, the consumptive​ use meets the applicable standards under section 103G.287, subdivision 5.​ Subd. 4. Diversion or consumptive use from Great Lakes greater than 5,000,000 gallons per day. (a)​ A water-use permit or a plan that requires a permit or the commissioner's approval, involving a diversion​ or consumptive use of waters of the state from the Great Lakes water basin within this state where the​ diversion or consumptive use of waters would be more than 5,000,000 gallons per day average in a 30-day​ period, may not be granted or approved until:​ (1) the commissioner has notified and solicited comments on the proposed diversion or consumptive​ use from the offices of the governors of the Great Lakes states and premiers of the Great Lakes provinces,​ the appropriate water management agencies of the Great Lakes states and provinces, and the international​ joint commission;​ (2) the commissioner has considered the comments and concerns of the offices, agencies, and commission​ to which notice was given under clause (1); and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 40​MINNESOTA STATUTES 2018​103G.261​ (3) the diversion or consumptive use has been approved by the legislature.​ (b) If an objection is made to the proposed diversion or consumptive use by an office, agency, or​ commission to which notice was given under paragraph (a), clause (1), the commissioner must convene a​ meeting with the affected office, agency, or commission to investigate and consider the issues involved, and​ to seek a mutually agreeable solution to be recommended to the commissioner. In making a final decision​ on the approval of a permit or plan subject to review under this subdivision, the commissioner shall consider​ the record of the meeting and the recommendation. The commissioner must send notification of the final​ decision to each office, agency, or commission to which notice was given under paragraph (a), clause (1).​ History: 1990 c 391 art 7 s 26; 1990 c 406 s 1; 1993 c 186 s 2; 2012 c 272 s 49; 2013 c 114 art 4 s​ 67,68​ 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​ 103G.271 APPROPRIATION AND USE OF WATERS.​ Subdivision 1. Permit required. (a) Except as provided in paragraph (b), the state, a person, partnership,​ or association, private or public corporation, county, municipality, or other political subdivision of the state​ may not appropriate or use waters of the state without a water-use permit from the commissioner.​ (b) This section does not apply to the following water uses:​ (1) use for a water supply by less than 25 persons for domestic purposes, except as required by the​ commissioner under section 103G.287, subdivision 4, paragraph (b);​ (2) nonconsumptive diversion of a surface water of the state from its natural channel for the production​ of hydroelectric or hydromechanical power at structures that were in existence on and before July 1, 1937,​ including repowering, upgrades, or additions to those facilities; or​ (3) appropriation or use of storm water collected and used to reduce storm-water runoff volume, treat​ storm water, or sustain groundwater supplies when water is extracted from constructed management facilities​ for storm water.​ (c) The commissioner may issue a state general permit for appropriation of water to a governmental​ subdivision or to the general public. The general permit may authorize more than one project and the​ appropriation or use of more than one source of water. Water-use permit processing fees and reports required​ under subdivision 6 and section 103G.281, subdivision 3, are required for each project or water source that​ is included under a general permit, except that no fee is required for uses totaling less than 15,000,000 gallons​ annually.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.271​MINNESOTA STATUTES 2018​41​ Subd. 2. Consistent with state and local plans. A water-use permit may not be issued under this section​ unless it is consistent with state, regional, and local water and related land resources management plans if​ the regional and local plans are consistent with statewide plans.​ Subd. 3. Permit restriction during summer months. The commissioner must not modify or restrict​ the amount of appropriation from a groundwater source authorized in a water-use permit issued to irrigate​ agricultural land between April 1 and October 1, or, for agricultural land with a crop, until November 15,​ unless the commissioner determines the authorized amount of appropriation endangers a domestic water​ supply.​ Subd. 4. Minimum-use exemption and local approval of low-use permits. (a) Except for local permits​ under section 103B.211, subdivision 4, a water-use permit is not required for the appropriation and use of​ less than 10,000 gallons per day and totaling no more than 1,000,000 gallons per year, except as required​ by the commissioner under section 103G.287, subdivision 4, paragraph (b).​ (b) Water-use permits for more than the minimum amount but less than an intermediate amount prescribed​ by rule must be processed and approved at the municipal, county, or regional level based on rules adopted​ by the commissioner.​ (c) The rules must include provisions for reporting to the commissioner the amounts of water appropriated​ under local permits.​ Subd. 4a. Mt. Simon-Hinckley aquifer. (a) The commissioner may not issue new water-use permits​ that will appropriate water from the Mt. Simon-Hinckley aquifer in a metropolitan county, as defined in​ section 473.121, subdivision 4, unless the appropriation is for potable water use, there are no feasible or​ practical alternatives to this source, and a water conservation plan is incorporated with the permit.​ (b) The commissioner shall terminate all permits authorizing appropriation and use of water from the​ Mt. Simon-Hinckley aquifer for once-through systems in a metropolitan county, as defined in section 473.121,​ subdivision 4, by December 31, 1992.​ Subd. 5. Once-through water-use permits prohibited. (a) Except as provided in paragraph (c), the​ commissioner may not issue a water-use permit to increase the volume of appropriation from a groundwater​ source for a once-through cooling system.​ (b) Except as provided in paragraph (c), once-through system water-use permits using in excess of​ 5,000,000 gallons annually must be terminated by the commissioner, unless the discharge is into a public​ water basin within a nature preserve approved by the commissioner and established prior to January 1, 2001.​ The commissioner may issue a permit for a system in existence prior to January 1, 2015, for up to 5,000,000​ gallons annually. Existing once-through systems must not be expanded and are required to convert to water​ efficient alternatives within the design life of existing equipment.​ (c) Notwithstanding paragraphs (a) and (b), the commissioner, with the approval of the commissioners​ of health and the Pollution Control Agency, may issue once-through system water-use permits on an annual​ basis for groundwater thermal exchange devices or aquifer storage and recovery systems that return all​ once-through system water to the source aquifer. Water-use permit processing fees in subdivision 6, paragraph​ (a), apply to all water withdrawals under this paragraph, including any reuse of water returned to the source​ aquifer.​ Subd. 5a. Maintaining surface water levels. Except as provided in subdivision 5, paragraph (b), the​ commissioner shall, by January 31, 1994, revoke all existing permits, and may not issue new permits, for​ the appropriation or use of groundwater in excess of 10,000,000 gallons per year for the primary purpose​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 42​MINNESOTA STATUTES 2018​103G.271​ of maintaining or increasing surface water levels in the seven-county metropolitan area and in other areas​ of concern as determined by the commissioner. This subdivision does not apply until January 1, 1998, to a​ municipality that, by January 1, 1994, submits a plan acceptable to the commissioner for maintaining or​ increasing surface water levels using sources other than groundwater.​ Subd. 6. Water-use permit; processing fee. (a) Except as described in paragraphs (b) to (g), a water-use​ permit processing fee must be prescribed by the commissioner in accordance with the schedule of fees in​ this subdivision for each water-use permit in force at any time during the year. Fees collected under this​ paragraph are credited to the water management account in the natural resources fund. The schedule is as​ follows, with the stated fee in each clause applied to the total amount appropriated:​ (1) $140 for amounts not exceeding 50,000,000 gallons per year;​ (2) $3.50 per 1,000,000 gallons for amounts greater than 50,000,000 gallons but less than 100,000,000​ gallons per year;​ (3) $4 per 1,000,000 gallons for amounts greater than 100,000,000 gallons but less than 150,000,000​ gallons per year;​ (4) $4.50 per 1,000,000 gallons for amounts greater than 150,000,000 gallons but less than 200,000,000​ gallons per year;​ (5) $5 per 1,000,000 gallons for amounts greater than 200,000,000 gallons but less than 250,000,000​ gallons per year;​ (6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but less than 300,000,000​ gallons per year;​ (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less than 350,000,000​ gallons per year;​ (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but less than 400,000,000​ gallons per year;​ (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less than 450,000,000​ gallons per year;​ (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but less than 500,000,000​ gallons per year; and​ (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.​ (b) For once-through cooling systems, a water-use processing fee must be prescribed by the commissioner​ in accordance with the following schedule of fees for each water-use permit in force at any time during the​ year:​ (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and​ (2) for all other users, $420 per 1,000,000 gallons.​ (c) The fee is payable based on the amount of water appropriated during the year and, except as provided​ in paragraph (f), the minimum fee is $100.​ (d) For water-use processing fees other than once-through cooling systems:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.271​MINNESOTA STATUTES 2018​43​ (1) the fee for a city of the first class may not exceed $250,000 per year;​ (2) the fee for other entities for any permitted use may not exceed:​ (i) $60,000 per year for an entity holding three or fewer permits;​ (ii) $90,000 per year for an entity holding four or five permits; or​ (iii) $300,000 per year for an entity holding more than five permits;​ (3) the fee for agricultural irrigation may not exceed $750 per year;​ (4) the fee for a municipality that furnishes electric service and cogenerates steam for home heating may​ not exceed $10,000 for its permit for water use related to the cogeneration of electricity and steam;​ (5) the fee for a facility that temporarily diverts a water of the state from its natural channel to produce​ hydroelectric or hydromechanical power may not exceed $5,000 per year. A permit for such a facility does​ not count toward the number of permits held by an entity as described in this paragraph; and​ (6) no fee is required for a project involving the appropriation of surface water to prevent flood damage​ or to remove flood waters during a period of flooding, as determined by the commissioner.​ (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of ten percent per month​ calculated from the original due date must be imposed on the unpaid balance of fees remaining 30 days after​ the sending of a second notice of fees due. A fee may not be imposed on an agency, as defined in section​ 16B.01, subdivision 2, or federal governmental agency holding a water appropriation permit.​ (f) The minimum water-use processing fee for a permit issued for irrigation of agricultural land is $20​ for years in which:​ (1) there is no appropriation of water under the permit; or​ (2) the permit is suspended for more than seven consecutive days between May 1 and October 1.​ (g) The commissioner shall waive the water-use permit fee for installations and projects that use storm​ water runoff or where public entities are diverting water to treat a water quality issue and returning the water​ to its source without using the water for any other purpose, unless the commissioner determines that the​ proposed use adversely affects surface water or groundwater.​ (h) A surcharge of $30 per million gallons in addition to the fee prescribed in paragraph (a) shall be​ applied to the volume of water used in each of the months of June, July, and August that exceeds the volume​ of water used in January for municipal water use, irrigation of golf courses, and landscape irrigation. The​ surcharge for municipalities with more than one permit shall be determined based on the total appropriations​ from all permits that supply a common distribution system.​ Subd. 6a. Fees for past unpermitted appropriations. An entity that appropriates water without a​ required permit under subdivision 1 must pay the applicable water-use permit processing fee specified in​ subdivision 6 for the period during which the unpermitted appropriation occurred. The fees for unpermitted​ appropriations are required for the previous seven calendar years after being notified of the need for a permit.​ This fee is in addition to any other fee or penalty assessed. The commissioner may waive payment of fees​ for past unpermitted appropriations for a residential system permitted under subdivision 5, paragraph (b),​ or for a hydroelectric or hydromechanical facility that temporarily diverts a water of the state from its natural​ channel.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 44​MINNESOTA STATUTES 2018​103G.271​ Subd. 7. Transferring permit. A water-use permit may be transferred to a successive owner of real​ property if the permittee conveys the real property where the source of water is located. The new owner​ must notify the commissioner immediately after the conveyance and request transfer of the permit. The​ commissioner must not deny the transfer of a permit if the permittee is in compliance with all permit conditions​ and the permit meets the requirements of sections 103G.255 to 103G.301.​ History: 1990 c 391 art 7 s 27; 1990 c 594 art 1 s 49; 1990 c 597 s 63-65; 1991 c 214 s 6; 1991 c 234​ s 1; 1991 c 354 art 10 s 5; 1992 c 366 s 1; 1992 c 601 s 1; 1993 c 186 s 3-5; 1994 c 557 s 15; 1995 c 218​ s 10; 1997 c 104 s 1; 1998 c 401 s 38; 1999 c 231 s 128; 2001 c 160 s 1-3; 2003 c 128 art 1 s 116,117;​ 2005 c 89 s 1; 1Sp2005 c 1 art 2 s 121; 2006 c 281 art 1 s 21; 2008 c 363 art 5 s 19; 2009 c 37 art 1 s 34;​ 2010 c 361 art 4 s 52; 1Sp2011 c 2 art 4 s 14; 2012 c 272 s 50; 2013 c 114 art 4 s 69,70; 2014 c 312 art 13​ s 20,21; 1Sp2015 c 4 art 4 s 92-94; 2017 c 93 art 2 s 116-119​ 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​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.281​MINNESOTA STATUTES 2018​45​ 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​ 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​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 46​MINNESOTA STATUTES 2018​103G.281​ (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​ 103G.287 GROUNDWATER APPROPRIATIONS.​ Subdivision 1. Applications for groundwater appropriations; preliminary well-construction​ approval. (a) Groundwater use permit applications are not complete until the applicant has supplied:​ (1) a water well record as required by section 103I.205, subdivision 9, information on the subsurface​ geologic formations penetrated by the well and the formation or aquifer that will serve as the water source,​ and geologic information from test holes drilled to locate the site of the production well;​ (2) the maximum daily, seasonal, and annual pumpage rates and volumes being requested;​ (3) information on groundwater quality in terms of the measures of quality commonly specified for the​ proposed water use and details on water treatment necessary for the proposed use;​ (4) the results of an aquifer test completed according to specifications approved by the commissioner.​ The test must be conducted at the maximum pumping rate requested in the application and for a length of​ time adequate to assess or predict impacts to other wells and surface water and groundwater resources. The​ permit applicant is responsible for all costs related to the aquifer test, including the construction of groundwater​ and surface water monitoring installations, and water level readings before, during, and after the aquifer​ test; and​ (5) the results of any assessments conducted by the commissioner under paragraph (c).​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.287​MINNESOTA STATUTES 2018​47​ (b) The commissioner may waive an application requirement in this subdivision if the information​ provided with the application is adequate to determine whether the proposed appropriation and use of water​ is sustainable and will protect ecosystems, water quality, and the ability of future generations to meet their​ own needs.​ (c) The commissioner shall provide an assessment of a proposed well needing a groundwater appropriation​ permit. The commissioner shall evaluate the information submitted as required under section 103I.205,​ subdivision 1, paragraph (e), and determine whether the anticipated appropriation request is likely to meet​ the applicable requirements of this chapter. If the appropriation request is likely to meet applicable​ requirements, the commissioner shall provide the person submitting the information with a letter providing​ preliminary approval to construct the well and the requirements, including test-well information, that will​ be needed to obtain the permit.​ (d) The commissioner must provide an applicant denied a groundwater use permit or issued a groundwater​ use permit that is reduced or restricted from the original request with all information the commissioner used​ in making the determination, including hydrographs, flow tests, aquifer tests, topographic maps, field reports,​ photographs, and proof of equipment calibration.​ Subd. 2. Relationship to surface water resources. Groundwater appropriations that will have negative​ impacts to surface waters are subject to applicable provisions in section 103G.285.​ Subd. 3. Protecting groundwater supplies. The commissioner may establish water appropriation limits​ to protect groundwater resources. When establishing water appropriation limits to protect groundwater​ resources, the commissioner must consider the sustainability of the groundwater resource, including the​ current and projected water levels, water quality, whether the use protects ecosystems, and the ability of​ future generations to meet their own needs.​ Subd. 4. Groundwater management areas. (a) The commissioner may designate groundwater​ management areas and limit total annual water appropriations and uses within a designated area to ensure​ sustainable use of groundwater that protects ecosystems, water quality, and the ability of future generations​ to meet their own needs. Water appropriations and uses within a designated management area must be​ consistent with a groundwater management area plan approved by the commissioner that addresses water​ conservation requirements and water allocation priorities established in section 103G.261. At least 30 days​ prior to implementing or modifying a groundwater management area plan under this subdivision, the​ commissioner shall consult with the advisory team established in paragraph (c).​ (b) Notwithstanding section 103G.271, subdivision 1, paragraph (b), and Minnesota Rules, within​ designated groundwater management areas, the commissioner may require general permits as specified in​ section 103G.271, subdivision 1, paragraph (c), for water users using less than 10,000 gallons per day or​ 1,000,000 gallons per year and water suppliers serving less than 25 persons for domestic purposes. The​ commissioner may waive the requirements under section 103G.281 for general permits issued under this​ paragraph, and the fee specified in section 103G.301, subdivision 2, paragraph (c), does not apply to general​ permits issued under this paragraph.​ (c) When designating a groundwater management area, the commissioner shall assemble an advisory​ team to assist in developing a groundwater management area plan for the area. The advisory team members​ shall be selected from public and private entities that have an interest in the water resources affected by the​ groundwater management area. A majority of the advisory team members shall be public and private entities​ that currently hold water-use permits for water appropriations from the affected water resources. The​ commissioner shall consult with the League of Minnesota Cities, the Association of Minnesota Counties,​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 48​MINNESOTA STATUTES 2018​103G.287​ the Minnesota Association of Watershed Districts, and the Minnesota Association of Townships in appointing​ the local government representatives to the advisory team. The advisory team may also include representatives​ from the University of Minnesota, the Minnesota State Colleges and Universities, other institutions of higher​ learning in Minnesota, political subdivisions with jurisdiction over water issues, nonprofits with expertise​ in water, and federal agencies.​ Subd. 5. Sustainability standard. The commissioner may issue water-use permits for appropriation​ from groundwater only if the commissioner determines that the groundwater use is sustainable to supply​ the needs of future generations and the proposed use will not harm ecosystems, degrade water, or reduce​ water levels beyond the reach of public water supply and private domestic wells constructed according to​ Minnesota Rules, chapter 4725.​ History: 2010 c 361 art 4 s 55; 2013 c 114 art 4 s 71-73; 2014 c 289 s 55,56; 1Sp2015 c 4 art 4 s 95;​ 2017 c 93 art 2 s 120​ 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​ 103G.291 PUBLIC WATER SUPPLY PLANS; APPROPRIATION DURING DEFICIENCY.​ Subdivision 1. Declaration and conservation. (a) If the governor determines and declares by executive​ order that there is a critical water deficiency, public water supply authorities appropriating water must adopt​ and enforce water conservation restrictions within their jurisdiction that are consistent with rules adopted​ by the commissioner.​ (b) The restrictions must limit lawn sprinkling, vehicle washing, golf course and park irrigation, and​ other nonessential uses, and have appropriate penalties for failure to comply with the restrictions.​ Subd. 2. Modifying permit for noncompliance. Disregard of critical water deficiency orders, even​ though total appropriation remains less than that permitted, is adequate grounds for immediate modification​ of a public water supply authority's water-use permit.​ Subd. 3. Water supply plans; demand reduction. (a) Every public water supplier serving more than​ 1,000 people must submit a water supply plan to the commissioner for approval by January 1, 1996. In​ accordance with guidelines developed by the commissioner, the plan must address projected demands,​ adequacy of the water supply system and planned improvements, existing and future water sources, natural​ resource impacts or limitations, emergency preparedness, water conservation, supply and demand reduction​ measures, and allocation priorities that are consistent with section 103G.261. Public water suppliers must​ update their plan and, upon notification, submit it to the commissioner for approval every ten years.​ (b) The water supply plan in paragraph (a) is required for all communities in the metropolitan area, as​ defined in section 473.121, with a municipal water supply system and is a required element of the local​ comprehensive plan required under section 473.859.​ (c) Public water suppliers serving more than 1,000 people must encourage water conservation by​ employing water use demand reduction measures, as defined in subdivision 4, paragraph (a), before requesting​ approval from the commissioner of health under section 144.383, paragraph (a), to construct a public water​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.291​MINNESOTA STATUTES 2018​49​ supply well or requesting an increase in the authorized volume of appropriation. The commissioner of natural​ resources and the water supplier shall use a collaborative process to achieve demand reduction measures as​ a part of a water supply plan review process.​ (d) Public water suppliers serving more than 1,000 people must submit records that indicate the number​ of connections and amount of use by customer category and volume of water unaccounted for with the​ annual report of water use required under section 103G.281, subdivision 3.​ (e) For the purposes of this section, "public water supplier" means an entity that owns, manages, or​ operates a public water supply, as defined in section 144.382, subdivision 4.​ Subd. 4. Demand reduction measures. (a) For the purposes of this section, "demand reduction measures"​ means measures that reduce water demand, water losses, peak water demands, and nonessential water uses.​ Demand reduction measures must include a conservation rate structure, or a uniform rate structure with a​ conservation program that achieves demand reduction. A "conservation rate structure" means a rate structure​ that encourages conservation and may include increasing block rates, seasonal rates, time of use rates,​ individualized goal rates, or excess use rates. If a conservation rate is applied to multifamily dwellings, the​ rate structure must consider each residential unit as an individual user.​ (b) To encourage conservation, a public water supplier serving more than 1,000 people must implement​ demand reduction measures by January 1, 2015.​ History: 1990 c 391 art 7 s 31; 1993 c 186 s 6; 2007 c 131 art 1 s 57; 2008 c 363 art 5 s 20,21; 2012​ c 150 art 1 s 2,3; 1Sp2015 c 4 art 4 s 97​ 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​ 103G.295 [Repealed, 2010 c 361 art 4 s 83]​ 103G.297 DIVERTING OR DRAINING WATER FOR MINING.​ Subdivision 1. Authority to issue permits. The commissioner may issue water-use permits for the​ diversion, drainage, control, or use of waters of the state for mining iron ore, taconite, copper, copper-nickel,​ or nickel as provided in this section.​ Subd. 2. Application. (a) An owner of the iron ore, taconite, copper, copper-nickel, or nickel deposits​ or the owner of the right to mine the deposits must apply to the commissioner for a permit in the form​ prescribed by the commissioner.​ (b) Except as otherwise provided in this section, the application and the proceedings related to the​ application and to a permit issued are governed by the applicable provisions of this chapter.​ Subd. 3. Grant. The permit may be granted only if the commissioner determines that:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 50​MINNESOTA STATUTES 2018​103G.291​ (1) the proposed drainage, diversion, control, or use of waters will be necessary for the mining of​ substantial deposits of iron ore, taconite, copper, copper-nickel, or nickel, and that another feasible and​ economical method of mining is not reasonably available;​ (2) the proposed drainage, diversion, control, or use of waters will not substantially impair the interests​ of the public in lands or waters or the substantial beneficial public use of lands or waters except as expressly​ authorized in the permit and will not endanger public health or safety; and​ (3) the proposed mining operations will be in the public interest and the resulting public benefits warrant​ the proposed drainage, diversion, or control of waters.​ Subd. 4. Operation. If the operations authorized by a permit may affect public or private property not​ owned by the permittee, before proceeding with the operations the permittee must:​ (1) acquire all rights or easements necessary for the operation;​ (2) pay or give security for the payment of damages to the property that may result from the operations;​ and​ (3) give evidence of compliance with this subdivision as the commissioner may require.​ Subd. 5. Liability of state. The state and its officers, agents, or employees do not incur liability on​ account of the issuance of a permit or on account of any act or omission of the permittee, or the permittee's​ agents or employees, under or in connection with the permit.​ Subd. 6. Permit period. (a) Notwithstanding other limitations prescribed by law, a permit must be​ granted for a term the commissioner finds reasonable and necessary for the completion of the proposed​ mining operations, and the commissioner may prescribe a time in the permit for the commencement or​ completion of operations or construction under the permit or the exercise of the rights granted by the permit.​ (b) The commissioner may extend the original term of the permit or the time allowed for the performance​ of its conditions for good cause shown upon application of the permittee.​ Subd. 7. Permit conditions. In a permit, the commissioner may prescribe conditions the commissioner​ finds necessary and practicable for restoring the waters to their former condition after completion of the​ mining operations or after expiration or cancellation of the permit. The commissioner may also prescribe​ other conditions necessary to protect the public health, safety, and welfare, and may require the permittee​ to furnish a bond to the state in an appropriate form and amount as security for compliance with the conditions​ of the permit and applicable law.​ Subd. 8. Modifying or canceling permit. (a) A permit issued under this section is irrevocable for the​ term of the permit and for any extension of the term except:​ (1) the permit may be modified or canceled by the commissioner at the request or with the consent of​ the permittee upon conditions the commissioner finds necessary to protect the public interest;​ (2) subject to appeal as provided for water-use permits, the commissioner may modify or cancel a permit​ as provided in paragraph (b) if:​ (i) the permittee or its employees or agents breach the permit's terms or conditions or violate pertinent​ law; or​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.297​MINNESOTA STATUTES 2018​51​ (ii) the commissioner finds the modification or cancellation necessary to protect the public health or​ safety, or to protect the public interests in lands or waters against substantial injury resulting in any manner​ or to any extent not expressly authorized by the permit, or to prevent substantial injury to persons or property​ resulting in any manner or to any extent not so authorized; or​ (3) the commissioner immediately suspends operations under a permit by written order to the permittee​ if necessary in an emergency, to protect the public health or safety or to protect public interests in lands or​ waters against imminent danger of substantial injury in any manner or to any extent not expressly authorized​ by the permit, or to protect persons or property against the danger, and may require the permittee to take​ any measures necessary to prevent or remedy the injury.​ (b) The commissioner may modify or cancel the permit upon at least 30 days' written notice to the​ permittee, stating the grounds of the proposed modification or cancellation and giving the permittee an​ opportunity to be heard.​ (c) An order under paragraph (a), clause (3), may not remain in effect for more than 30 days from the​ date of the order without giving the permittee at least ten days' written notice of the order and an opportunity​ to be heard relating to the order.​ Subd. 9. Effect on other law. This section does not amend, supersede, or repeal any existing law, but​ is supplementary to it.​ History: 1990 c 391 art 7 s 33​ 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​ 103G.299 ADMINISTRATIVE PENALTIES.​ Subdivision 1. Authority to issue penalty orders. (a) As provided in paragraph (b), the commissioner​ may issue an order requiring violations to be corrected and administratively assessing monetary penalties​ for violations of sections 103G.271 and 103G.275, and any rules adopted under those sections.​ (b) An order under this section may be issued to a person for water appropriation activities without a​ required permit.​ (c) The order must be issued as provided in this section and in accordance with the plan prepared under​ subdivision 12.​ Subd. 2. Amount of penalty; considerations. (a) The commissioner may issue orders assessing​ administrative penalties based on potential for harm and deviation from compliance. For a violation that​ presents: (1) a minor potential for harm and deviation from compliance, the penalty will be no more than​ $1,000; (2) a moderate potential for harm and deviation from compliance, the penalty will be no more than​ $10,000; and (3) a severe potential for harm and deviation from compliance, the penalty will be no more​ than $20,000.​ (b) In determining the amount of a penalty the commissioner may consider:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 52​MINNESOTA STATUTES 2018​103G.297​ (1) the gravity of the violation, including potential for, or real, damage to the public interest or natural​ resources of the state;​ (2) the history of past violations;​ (3) the number of violations;​ (4) the economic benefit gained by the person by allowing or committing the violation based on data​ from local or state bureaus or educational institutions; and​ (5) other factors as justice may require, if the commissioner specifically identifies the additional factors​ in the commissioner's order.​ (c) For a violation after an initial violation, including a continuation of the initial violation, the​ commissioner must, in determining the amount of a penalty, consider the factors in paragraph (b) and the:​ (1) similarity of the most recent previous violation and the violation to be penalized;​ (2) time elapsed since the last violation;​ (3) number of previous violations; and​ (4) response of the person to the most recent previous violation identified.​ Subd. 3. Contents of order. An order assessing an administrative penalty under this section must include:​ (1) a concise statement of the facts alleged to constitute a violation;​ (2) a reference to the section of the statute, rule, order, or term or condition of a permit that has been​ violated;​ (3) a statement of the amount of the administrative penalty to be imposed and the factors upon which​ the penalty is based; and​ (4) a statement of the person's right to review of the order.​ Subd. 4. Corrective order. (a) The commissioner may issue an order assessing a penalty and requiring​ the violations cited in the order to be corrected within a time period specified by the commissioner.​ (b) The person to whom the order was issued must provide information to the commissioner before the​ 31st day after the order was received demonstrating that the violation has been corrected or that appropriate​ steps toward correcting the violation have been taken.​ (c) The commissioner must determine whether the violation has been corrected and notify the person​ subject to the order of the commissioner's determination.​ Subd. 5. Penalty. (a) Unless the person requests review of the order under subdivision 6 or 7 before the​ penalty is due, the penalty in the order is due and payable:​ (1) on the 31st day after the order was received, if the person subject to the order fails to provide​ information to the commissioner showing that the violation has been corrected or that appropriate steps have​ been taken toward correcting the violation; or​ (2) on the 20th day after the person receives the commissioner's determination under subdivision 4,​ paragraph (c), if the person subject to the order has provided information to the commissioner that the​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.299​MINNESOTA STATUTES 2018​53​ commissioner determines is not sufficient to show that the violation has been corrected or that appropriate​ steps have been taken toward correcting the violation.​ (b) The penalty is due by 31 days after the order was received, unless review of the order under​ subdivision 6 or 7 has been sought.​ (c) Interest at the rate established in section 549.09 begins to accrue on penalties under this subdivision​ on the 31st day after the order with the penalty was received.​ Subd. 6. Expedited administrative hearing. (a) Within 30 days after receiving an order or within 20​ days after receiving notice that the commissioner has determined that a violation has not been corrected or​ appropriate steps have not been taken, the person subject to an order under this section may request an​ expedited hearing, using the procedures under Minnesota Rules, parts 1400.8510 to 1400.8612, to review​ the commissioner's determination. The hearing request must specifically state the reasons for seeking review​ of the order. The person to whom the order is directed and the commissioner are the parties to the expedited​ hearing. The commissioner must notify the person to whom the order is directed of the time and place of​ the hearing at least 20 days before the hearing. The expedited hearing must be held within 30 days after a​ request for hearing has been filed with the commissioner unless the parties agree to a later date.​ (b) All written arguments must be submitted within ten days following the close of the hearing. The​ hearing must be conducted under Minnesota Rules, parts 1400.8510 to 1400.8612, as modified by this​ subdivision.​ (c) The administrative law judge must issue a report making recommendations about the commissioner's​ action to the commissioner within 30 days following the close of the record. The administrative law judge​ may not recommend a change in the amount of the proposed penalty unless the administrative law judge​ determines that, based on the factors in subdivision 2, the amount of the penalty is unreasonable.​ (d) If the administrative law judge makes a finding that the hearing was requested solely for purposes​ of delay or that the hearing request was frivolous, the commissioner may add to the amount of the penalty​ the costs charged to the department by the Office of Administrative Hearings for the hearing.​ (e) If a hearing has been held, the commissioner may not issue a final order until at least five days after​ receipt of the report of the administrative law judge. The person to whom an order is issued may, within​ those five days, comment to the commissioner on the recommendations, and the commissioner must consider​ the comments. The final order may be appealed in the manner provided in sections 14.63 to 14.69.​ (f) If a hearing has been held and a final order issued by the commissioner, the penalty must be paid by​ 30 days after the date the final order is received unless review of the final order is requested under sections​ 14.63 to 14.69. If review is not requested or the order is reviewed and upheld, the amount due is the penalty,​ together with interest accruing from 31 days after the original order was received at the rate established in​ section 549.09.​ Subd. 7. Mediation. In addition to review under subdivision 6, the commissioner may enter into mediation​ concerning an order issued under this section if the commissioner and the person to whom the order is issued​ both agree to mediation.​ Subd. 8. Penalties due and payable. The commissioner may enforce penalties that are due and payable​ under this section in any manner provided by law for the collection of debts.​ Subd. 9. Revoking or suspending permit. If a person fails to pay a penalty owed under this section,​ the commissioner has grounds to revoke a permit or to refuse to amend a permit or issue a new permit.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 54​MINNESOTA STATUTES 2018​103G.299​ Subd. 10. Cumulative remedy. The authority of the commissioner to issue a corrective order assessing​ penalties is in addition to other remedies available under statutory or common law, except that the state may​ not seek civil penalties under any other provision of law for the violations covered by the administrative​ penalty order. The payment of a penalty does not preclude the use of other enforcement provisions, under​ which penalties are not assessed, in connection with the violation for which the penalty was assessed.​ Subd. 11. Depositing fees. Fees collected under this section must be credited to the water management​ account in the natural resources fund.​ Subd. 12. Plan for using administrative penalties. The commissioner must prepare a plan for using​ the administrative penalty authority in this section. The plan must include explanations for how the​ commissioner will determine whether violations are minor, moderate, or severe. The commissioner must​ provide a 30-day period for public comment on the plan. The plan must be finalized within six months after​ July 1, 2014.​ History: 2014 c 312 art 13 s 23​ GENERAL PERMIT; PROCEDURE​ 103G.301 GENERAL PERMIT; APPLICATION PROCEDURES.​ Subdivision 1. Application documentation. (a) An application for a permit must be accompanied by:​ (1) maps, plans, and specifications describing the proposed appropriation and use of waters;​ (2) the changes, additions, repairs, or abandonment proposed to be made;​ (3) the waters of the state affected; and​ (4) other data the commissioner may require.​ (b) The commissioner may require a statement of the effect the actions proposed in the permit application​ will have on the environment, including:​ (1) anticipated changes in water and related land resources;​ (2) unavoidable but anticipated detrimental effects; and​ (3) alternatives to the actions proposed in the permit application, including conservation measures to​ improve water use efficiencies and reduce water demand.​ Subd. 2. Permit application and notification fees. (a) A fee to defray the costs of receiving, recording,​ and processing must be paid for a permit application authorized under this chapter, except for a general​ permit application, for each request to amend or transfer an existing permit, and for a notification to request​ authorization to conduct a project under a general permit. Fees established under this subdivision, unless​ specified in paragraph (c), shall be compliant with section 16A.1285.​ (b) Proposed projects that require water in excess of 100 million gallons per year must be assessed fees​ to recover the costs incurred to evaluate the project and the costs incurred for environmental review. Fees​ collected under this paragraph must be credited to an account in the natural resources fund and are appropriated​ to the commissioner.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.301​MINNESOTA STATUTES 2018​55​ (c) The fee to apply for a permit to appropriate water, in addition to any fee under paragraph (b), and​ for a permit to construct or repair a dam that is subject to dam safety inspection is $150. The application fee​ for a permit to work in public waters or to divert waters for mining must be at least $150, but not more than​ $1,000. The fee for a notification to request authorization to conduct a project under a general permit is​ $100.​ Subd. 3. Field inspection fees. (a) In addition to the application fee, the commissioner may charge a​ field inspection fee for:​ (1) projects requiring a mandatory environmental assessment under chapter 116D;​ (2) projects undertaken without a required permit or application; and​ (3) projects undertaken in excess of limitations established in an issued permit.​ (b) The fee must be at least $100 but not more than actual inspection costs.​ (c) The fee is to cover actual costs related to a permit applied for under this chapter or for a project​ undertaken without proper authorization.​ (d) The commissioner shall establish a schedule of field inspection fees under section 16A.1285. The​ schedule must include actual costs related to field inspection, including investigations of the area affected​ by the proposed activity, analysis of the proposed activity, consultant services, and subsequent monitoring,​ if any, of the activity authorized by the permit. Fees collected under this subdivision must be credited to an​ account in the natural resources fund and are appropriated to the commissioner.​ Subd. 4. Refund prohibited. A permit application, general permit notification, or field inspection fee​ may not be refunded for any reason, even if the application or request is denied or withdrawn.​ Subd. 5. State and federal agencies exempt. A permit application, general permit notification, or field​ inspection fee may not be imposed on any state agency, as defined in section 16B.01, or federal governmental​ agency applying for a permit.​ Subd. 5a. Town exemption. Notwithstanding this section or any other law, no permit application, general​ permit notification, or field inspection fee shall be charged to a town in connection with the construction or​ alteration of a town road, bridge, or culvert.​ Subd. 6. Filing application. An application for a permit must be filed with the commissioner and if the​ proposed activity for which the permit is requested is within a municipality, or is within or affects a watershed​ district or a soil and water conservation district, a copy of the application with maps, plans, and specifications​ must be served on the mayor of the municipality, the secretary of the board of managers of the watershed​ district, and the secretary of the board of supervisors of the soil and water conservation district.​ Subd. 7. Recommendation of local units of government. (a) If the proposed activity for which the​ permit is requested is within a municipality, or is within or affects a watershed district or a soil and water​ conservation district, the commissioner may obtain a written recommendation of the managers of the district​ and the board of supervisors of the soil and water conservation district or the mayor of the municipality​ before issuing or denying the permit.​ (b) The managers, supervisors, or mayor must file a recommendation within 30 days after receiving of​ a copy of the application for permit.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 56​MINNESOTA STATUTES 2018​103G.301​ Subd. 8. Depositing fees. Fees collected under this section must be credited to the water management​ account in the natural resources fund.​ History: 1990 c 391 art 7 s 34; 1991 c 298 art 4 s 1; 1993 c 186 s 7; 1995 c 218 s 13; 1996 c 305 art​ 3 s 10,11; 1999 c 250 art 3 s 9; 2001 c 160 s 4; 2005 c 138 s 5; 1Sp2005 c 1 art 2 s 122; 2007 c 57 art 1 s​ 135; 2009 c 37 art 1 s 35,36; 2010 c 361 art 4 s 56; 1Sp2011 c 2 art 4 s 15; 2012 c 272 s 52-55; 1Sp2015​ c 4 art 4 s 98​ 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​ 103G.311 PERMIT HEARING.​ Subdivision 1. Hearing requirement. A hearing must be conducted as a contested case hearing under​ chapter 14.​ Subd. 2. Hearing notice. (a) The hearing notice on an application must include:​ (1) the date, place, and time fixed by the commissioner for the hearing;​ (2) the waters affected, the water levels sought to be established, or control structures proposed; and​ (3) the matters prescribed by sections 14.57 to 14.59 and rules adopted thereunder.​ (b) A summary of the hearing notice must be published by the commissioner at the expense of the​ applicant or, if the proceeding is initiated by the commissioner in the absence of an applicant, at the expense​ of the commissioner.​ (c) The summary of the hearing notice must be:​ (1) published once a week for two successive weeks before the day of hearing in a legal newspaper​ published in the county where any part of the affected waters is located; and​ (2) mailed by the commissioner to the county auditor, the mayor of a municipality, the watershed district,​ and the soil and water conservation district affected by the application.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.311​MINNESOTA STATUTES 2018​57​ Subd. 3. Subpoena of witnesses and evidence. (a) The commissioner may subpoena and compel the​ attendance of witnesses and the production of books and documents that are material to the purposes of the​ hearing.​ (b) Disobedience of a subpoena is punishable in the same manner as a contempt of the district court.​ The commissioner must file a complaint of the disobedience of a subpoena with the district court of the​ county where the subpoena was disobeyed.​ Subd. 4. Waiving hearing. The commissioner may waive a hearing on an application and order the​ permit to be issued or deny the permit.​ Subd. 5. Demand for hearing. (a) If a hearing is waived and an order is made issuing or denying the​ permit, the applicant, the managers of the watershed district, the board of supervisors of the soil and water​ conservation district, or the governing body of the municipality may file a demand for hearing on the​ application. The demand for a hearing must be filed within 30 days after mailed notice of the order with the​ bond required by subdivision 6.​ (b) The commissioner must give notice as provided in subdivision 2, hold a hearing on the application,​ and make a determination on issuing or denying the permit as though the previous order had not been made.​ (c) The order issuing or denying the permit becomes final at the end of 30 days after mailed notice of​ the order to the applicant, the managers of the watershed district, the board of supervisors of the soil and​ water conservation district, or the governing body of the municipality, and an appeal of the order may not​ be taken if:​ (1) the commissioner waives a hearing and a demand for a hearing is not made; or​ (2) a hearing is demanded but a bond is not filed as required by subdivision 6.​ Subd. 6. Bond for demanding public hearing. (a) An applicant filing a demand for a public hearing​ must execute and file a corporate surety bond or equivalent security to the state of Minnesota, to be approved​ by the commissioner and in an amount and form determined by the commissioner. The bond or security​ must be conditioned to pay the costs of the hearing if the commissioner's order issuing or denying a permit​ is affirmed without material modification.​ (b) A bond or security is not required of a public authority that demands a public hearing.​ (c) The commissioner may waive the requirement for a bond or other security.​ Subd. 7. Hearing costs. (a) Except as provided in paragraphs (b) and (c), the costs of a hearing must be​ paid as prescribed by chapter 14 and the chief administrative law judge.​ (b) If a hearing is waived by the commissioner, but the applicant other than a public authority demands​ a hearing on the application and the commissioner's order is affirmed without material modification, the​ applicant must pay the following costs up to $750:​ (1) costs of the stenographic record and transcript;​ (2) rental costs, if any, of the place where the hearing is held; and​ (3) costs of publication of orders made by the commissioner.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 58​MINNESOTA STATUTES 2018​103G.311​ (c) If a hearing is waived by the commissioner, but a hearing is demanded by a public authority other​ than the applicant and the commissioner's order is affirmed without material modification, the public authority​ making the demand must pay:​ (1) costs of the stenographic record and transcript;​ (2) rental costs, if any, of the place where the hearing is held; and​ (3) costs of publication of orders made by the commissioner.​ History: 1990 c 391 art 7 s 36; 2007 c 131 art 1 s 58; 2011 c 107 s 76​ 103G.315 DENYING AND ISSUING PERMITS.​ Subdivision 1. Commissioner's general authority. The commissioner may deny issuing permits and​ issue permits with or without conditions.​ Subd. 2. Findings of fact. The commissioner shall make findings of fact on issues necessary for​ determination of the applications considered. Orders made by the commissioner must be based upon findings​ of fact made on substantial evidence. The commissioner may have investigations made. The facts disclosed​ by investigation must be put in evidence at the hearing.​ Subd. 3. Granting permit. If the commissioner concludes that the plans of the applicant are reasonable,​ practical, and will adequately protect public safety and promote the public welfare, the commissioner shall​ grant the permit.​ Subd. 4. Control levels. If they are in issue, the commissioner shall also fix the control levels of public​ waters accordingly.​ Subd. 5. Denial; modifications. Otherwise the commissioner shall reject the application or may require​ modification of the plan as the commissioner finds proper to protect the public interest.​ Subd. 6. Burden of proof; conditions. (a) In permit applications, the applicant has the burden of proving​ that the proposed project is reasonable, practical, and will adequately protect public safety and promote the​ public welfare.​ (b) In granting a permit, the commissioner may include in it terms and reservations about the amount​ and manner of the use or appropriation or method of construction or operation of controls as appear reasonably​ necessary for the safety and welfare of the people of the state.​ Subd. 7. Restoring effects of unlawful activities. (a) The commissioner may include in an order issuing​ or denying a permit a requirement for the applicant to take an action necessary to restore the public waters​ or their beds to the condition existing before unlawful activities, if any, were undertaken by the applicant.​ The restoration may include filling beds unlawfully dredged, removing fill unlawfully placed, or restoring​ water unlawfully appropriated.​ (b) If a hearing on the application was not held, the applicant may contest the order within 30 days of​ receiving it and must be given a contested case hearing as prescribed by chapter 14.​ Subd. 8. Notice of permit order. Notice of orders made after hearing must be given by publication of​ the order once a week for two successive weeks in a legal newspaper in the county where the hearing was​ held and by mailing copies of the order to parties who entered an appearance at the hearing.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.315​MINNESOTA STATUTES 2018​59​ Subd. 9. Time for issuing order. The commissioner shall make an order within 60 days after the​ completion of the hearing.​ Subd. 10. Charges for excavating minerals. The commissioner must impose charges for the excavation​ of minerals from the beds of public waters, as provided in chapter 93.​ Subd. 11. Limitations on permits. (a) Except as otherwise expressly provided by law, a permit issued​ by the commissioner under this chapter is subject to:​ (1) cancellation by the commissioner at any time if necessary to protect the public interests;​ (2) further conditions on the term of the permit or its cancellation as the commissioner may prescribe​ and amend and reissue the permit; and​ (3) applicable law existing before or after the issuance of the permit.​ (b) Permits issued to irrigate agricultural land are subject to this subdivision and are subject to cancellation​ by the commissioner upon the recommendation of the supervisors of the soil and water conservation district​ where the land to be irrigated is located.​ Subd. 12. Permit not issued until fees paid. Except for field inspection fees related to monitoring, the​ commissioner may not issue a permit until all fees required by section 103G.301 relating to the issuance of​ a permit have been paid. The time limits prescribed by section 103G.305, subdivision 1, do not apply to an​ application for which the appropriate fee has not been paid. Field inspection fees relating to monitoring of​ an activity authorized by a permit may be charged and collected as necessary at any time after the issuance​ of the permit.​ Subd. 13. Period for activities under permit. (a) The commissioner shall set the time period within​ which:​ (1) construction authorized in the permit must be completed; or​ (2) an appropriation or use of water must be made.​ (b) The time must not exceed five years from the date of the permit.​ (c) The time period may be extended by the commissioner after application and for good cause​ demonstrated by the permittee.​ Subd. 14. Irrevocability of certain permits related to mining. (a) Permits granted in connection with​ the mining, transporting, concentration, or shipment of taconite as defined in section 93.20, subdivision 18,​ and permits granted in connection with the mining, production, or beneficiation of copper, copper-nickel,​ or nickel, are irrevocable for the term of the permits without the consent of the permittee, except for breach​ or nonperformance of any condition of the permit by the permittee.​ (b) The commissioner may allow and prescribe in the permit any time the commissioner considers​ reasonable, notwithstanding the limitations under subdivision 13, limitations of time contained in this section​ for beginning or completing construction or operations under the permit, or exercising the rights granted​ under the permit.​ (c) The commissioner may extend the time, for cause shown, upon the application of the permittee.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 60​MINNESOTA STATUTES 2018​103G.315​ Subd. 15. Rules. The commissioner shall adopt rules prescribing standards and criteria for issuing and​ denying water-use permits and public-waters-work permits.​ History: 1990 c 391 art 7 s 37; 1995 c 218 s 14,15; 2010 c 361 art 4 s 58​ WATER LEVEL; ESTABLISHMENT AND CONTROL​ 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.​ History: 1990 c 391 art 7 s 38​ 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​ 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:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.407​MINNESOTA STATUTES 2018​61​ (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​ 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;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 62​MINNESOTA STATUTES 2018​103G.407​ (3) be mailed 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) shall not be 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​ 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, in 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​ 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​ BIG STONE LAKE​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.415​MINNESOTA STATUTES 2018​63​ MISSISSIPPI HEADWATER LAKES​ 103G.421 CONTROL OF MISSISSIPPI HEADWATER LAKES.​ Subdivision 1. Reason for control. The legislature finds that the regulation, control, and utilization of​ waters in the headwater lakes in the Mississippi River, including Leech Lake, Winnibigoshish Lake, Pokegama​ Lake, Pine River, the Whitefish chain, Sandy Lake, and Gull Lake are of tremendous economic importance​ and value to the state and the utility of these lakes in aid of navigation has been very greatly diminished​ since the time of the establishment of the reservoirs, and that the economic values in utilization of these​ waters for state purposes has increased tremendously. These factors require the assertion on the part of the​ state of Minnesota of its rights to utilization and control of these water areas.​ Subd. 2. Joint federal-state control. The commissioner shall enter into cooperative agreements with​ the United States of America acting through the Department of the Army for the joint control and regulation​ of the Mississippi headwater reservoirs to control the water elevations and the water discharges from the​ Mississippi headwaters lakes in the interests of the state, subject only to:​ (1) a paramount need of waters from these sources in aid of substantial navigation requirements; and​ (2) a substantial requirement of providing necessary flood control storage capacity as determined by the​ United States Department of the Army Corps of Engineers.​ Subd. 3. Plan for dam operation. (a) The commissioner must develop a plan for the operation of the​ dams controlling each of the Mississippi headwater reservoirs that:​ (1) establishes the water elevation on each of the Mississippi headwater lakes at the most desirable​ height and stabilizes the stages at that point, as practicable, during the recreational use season;​ (2) considers reasonable fluctuations when desirable for the production of wild rice in the wild rice​ producing areas of Mississippi headwater lakes;​ (3) considers the elevations most desirable for the production and maintenance of wildlife resources;​ (4) considers the needs of water for recreation, agriculture, forestry, game and fish, industry, municipal​ water supply and sewage disposal, power generation, and other purposes in the Mississippi River headwaters​ and downstream;​ (5) establishes stages at which the water will be maintained, as practicable, but recognizing the following​ minimum stages in reference to present zeros on the respective government gauges:​ 0.0;​Leech Lake .........................................................​(i)​ 6.0;​Winnibigoshish Lake .........................................​(ii)​ 6.0;​Pokegama Lake ..................................................​(iii)​ 7.0;​Sandy Lake .........................................................​(iv)​ 9.0;​Pine River ...........................................................​(v)​ 5.0;​Gull Lake ............................................................​(vi)​ (6) prescribes maximum discharges when the elevations fall below the stages; and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 64​MINNESOTA STATUTES 2018​103G.421​ (7) prescribes maximum elevations and amounts of discharge from each lake to stabilize and effectuate​ the desired stages and, as practicable, does not allow the elevation to exceed the following maximum lake​ stages:​ 3.5;​Leech Lake .........................................................​(i)​ 12.0;​Winnibigoshish Lake .........................................​(ii)​ 12.0;​Pokegama Lake ..................................................​(iii)​ 11.0;​Sandy Lake .........................................................​(iv)​ 14.0;​Pine River ...........................................................​(v)​ 7.0.​Gull Lake ............................................................​(vi)​ (b) The plan developed by the commissioner must consider the following conditions:​ (1) the necessity for changing discharges to meet emergencies resulting from unexpected or abnormal​ inflows;​ (2) the possibility of overriding requirements of the federal government for substantial discharges to​ meet reasonable and substantial navigation requirements; and​ (3) the overriding authority and needs as prescribed by the United States Department of the Army Corps​ of Engineers in discharging their functions of requiring additional storage capacity for flood control purposes.​ Subd. 4. Notice of plan. Before the plan of operation for a headwater lake is effective, the commissioner​ must publish a notice of hearing on the plan of operation for two weeks in a newspaper in each county where​ the affected waters are located.​ Subd. 5. Hearing on plan. (a) The hearing must be conducted by the commissioner or an appointed​ referee. The hearing will not be governed by legal rules of evidence, but the findings of fact and orders, to​ be made and formulated by the commissioner, must be predicated only on relevant, material, and competent​ evidence.​ (b) Interested parties must have an opportunity to be heard, under oath, and are subject to​ cross-examination by adverse parties and by the attorney general or the attorney general's representative​ who shall represent the commissioner at the hearing.​ (c) The findings of fact and orders incorporating the plan determined by the commissioner must be​ published for two weeks in the same manner as the notice of hearing.​ Subd. 6. Appeal. A riparian owner or water user aggrieved by the commissioner's findings has the right​ to appeal by 30 days after completion of publication of the findings and order to the district court of a county​ where the regulated water is located. The appeal shall be determined by the court on the record made before​ the commissioner. Issues on the appeal are limited to the legal rights of the parties and whether the findings​ of the commissioner are reasonably supported by the evidence at the hearing.​ Subd. 7. Modifications. (a) After a plan has been put into effect, the commissioner is authorized to​ modify the stages sought to be maintained by modifying the plan with respect to any of the lakes involved​ to the extent of one foot in elevation according to the zeros of the present government gauges without holding​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.421​MINNESOTA STATUTES 2018​65​ additional hearings, except a departure from the elevation target may not be made to reduce proposed stages​ below the minimums prescribed by subdivision 3, paragraph (a), clause (5), during the recreational season.​ (b) A modification of the established plan that departs by more than one foot in elevation may be placed​ into effect only after a hearing is held in the same manner as the hearing establishing the plan as provided​ under subdivisions 4 and 5.​ History: 1990 c 391 art 7 s 42​ DAM CONSTRUCTION AND MAINTENANCE​ 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​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 66​MINNESOTA STATUTES 2018​103G.421​ 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​ 103G.511 PUBLICLY OWNED DAM REPAIR.​ Subdivision 1. Authority. The commissioner may:​ (1) repair or reconstruct state-owned dams;​ (2) make engineering evaluations related to the repair or reconstruction of dams owned by political​ subdivisions; and​ (3) grant aid to political subdivisions to repair or reconstruct dams owned by political subdivisions.​ Subd. 2. Engineering evaluations. The engineering evaluations may include studies of the feasibility,​ practicality, and environmental effects of using dams for hydroelectric power generation.​ Subd. 3. Funding. (a) Except as provided in this section, a grant to a political subdivision may not​ exceed the amount contributed to the project by the political subdivision from local funds.​ (b) Federal general revenue sharing money may be counted as local funds, but other federal grants or​ loans must be used to reduce equally the state share and the local share of project costs.​ (c) A grant to study the feasibility, practicality, and environmental effects of using a dam for hydroelectric​ power generation may be for an amount up to 90 percent of the costs of the study.​ Subd. 4. Investigation. The commissioner may repair or reconstruct a state-owned dam or make a grant​ to a political subdivision only after making an investigation of the dam.​ Subd. 5. Application. A political subdivision desiring a grant for the repair or reconstruction of a dam​ may apply for the grant on forms supplied by the commissioner.​ Subd. 6. Determining grant. The commissioner shall consider all relevant factors in determining whether​ to repair or reconstruct a state-owned dam or to make a grant to a political subdivision including:​ (1) the age and type of construction of the dam;​ (2) the use of the dam for water supply, flood control, navigation, hydroelectric power generation,​ recreation, wildlife management, scenic value, or other purposes related to public health, safety, and welfare;​ (3) the consequences of abandonment, removal, or alteration of the dam;​ (4) prospective future uses of the dam; and​ (5) the relative importance of the dam to the statewide water resource program.​ Subd. 7. Hearing. The commissioner may hold a public hearing under section 103G.311 on the proposed​ repair or reconstruction after giving notice. If the hearing is held at the request of a political subdivision,​ the costs of publishing notice and of taking and preparing the stenographic record must be paid by the​ political subdivision.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.511​MINNESOTA STATUTES 2018​67​ Subd. 8. Operation agreement. To receive a grant, the political subdivision must enter into an agreement​ with the commissioner giving assurance that the government unit will operate and maintain the dam in a​ safe condition for the benefit of the public and must agree to other conditions the commissioner considers​ reasonable.​ Subd. 9. Limitations. (a) If the cost of repair or reconstruction of a state-owned dam or a grant to a​ political subdivision is less than $250,000, the commissioner may direct that the state-owned dam be repaired​ or reconstructed or that a grant be made to repair or reconstruct a dam owned by a political subdivision.​ (b) If the cost of repair or reconstruction of a state-owned claim or grant to a political subdivision is​ $250,000 or more, the commissioner may recommend the project to the legislature for its consideration and​ action, except in an emergency under paragraph (c).​ (c) The commissioner, with the approval of the commissioner of management and budget after consulting​ with the legislative advisory commission, may direct that a state-owned dam be repaired or reconstructed​ or a grant be made to a political subdivision if the commissioner determines that an emergency exists and:​ (1) there is danger that life will be lost; or​ (2) that substantial property losses will be suffered if action is not promptly taken.​ Subd. 10. Loans for local share of project costs. (a) If the commissioner decides to recommend a dam​ repair or reconstruction grant for a political subdivision to the legislature, the commissioner must notify the​ political subdivision and the commissioner of management and budget of the decision. After being notified​ by the commissioner of natural resources, the political subdivision may apply to the commissioner of​ management and budget on forms supplied by the commissioner of management and budget for a loan up​ to 90 percent of the local share of the project costs.​ (b) The loan is repayable over a period not longer than 20 years, with interest at a rate sufficient to cover​ the cost to the state of borrowing the money.​ (c) A political subdivision receiving a dam safety loan must levy for the loan payment in the year the​ loan proceeds were received and each later year, until the loan is paid. The levy must be for:​ (1) the amount of the annual loan payment; or​ (2) the amount of the loan payment less the amount the political subdivision certifies is available from​ other sources for the loan payment.​ (d) Upon approval of the project grant by the legislature, the commissioner of management and budget​ shall make the loan in an amount and on terms that are appropriate. Loans made under this subdivision do​ not require approval by the electors of the political subdivision as provided in section 475.58.​ (e) Principal and interest payments received by the commissioner of management and budget in repayment​ of these loans are appropriated to the state bond fund.​ Subd. 11. Commissioner's order to repair or reconstruct a dam. (a) If a political subdivision fails​ to comply with a commissioner's order to repair or remove a dam under section 103G.515, the commissioner​ may repair or remove the dam as provided in this subdivision.​ (b) The commissioner must hold a hearing under section 103G.311 on the failure of the political​ subdivision to repair or remove the dam. After the hearing, the commissioner must make findings specifying​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 68​MINNESOTA STATUTES 2018​103G.511​ the failure of the political subdivision to act and shall, by order, assume the powers of the legislative authority​ of the political subdivision in regard to the repair or removal of dams.​ (c) After issuing the order, the commissioner has the same powers, insofar as applicable to the repair or​ removal of dams, as the commissioners of administration and the Pollution Control Agency have in the​ construction, installation, maintenance, or operation of a municipal disposal system, or part of a system, or​ issuing bonds and levying taxes under section 115.48.​ Subd. 12. Priority list of dams needing repair. After reviewing examinations of dams owned by the​ state and political subdivisions, the commissioner shall prioritize the state and political subdivision dams in​ need of repair, reconstruction, or removal and report by June 1 of each odd-numbered year to the legislature.​ The commissioner must prioritize projects considering danger to life, damage to property, and the factors​ listed in subdivision 6.​ History: 1990 c 391 art 7 s 45; 1994 c 643 s 50; 1995 c 218 s 16; 2009 c 101 art 2 s 109​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.515​MINNESOTA STATUTES 2018​69​ (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​ 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​ 103G.525 LIMITATIONS ON TRANSFERS OF OWNERSHIP OF DAMS.​ 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​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 70​MINNESOTA STATUTES 2018​103G.515​ 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​ 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​ 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:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.541​MINNESOTA STATUTES 2018​71​ (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​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 72​MINNESOTA STATUTES 2018​103G.541​ 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​ 103G.551 DAMS USED ONLY FOR WATER LEVEL REGULATION.​ Subdivision 1. Applicability. This section and section 103G.555 apply to public waters if:​ (1) a dam constructed or maintained in any manner has existed in the outlet of the lake affecting the​ water level of the lake for a continuous period of at least 15 years;​ (2) the lake has been used by the public for navigation, fishing, hunting, or other beneficial public​ purposes continuously throughout the 15-year period when allowed by natural conditions;​ (3) the use of the dam for a purpose other than regulating, controlling, or maintaining the water level of​ the lake in aid of navigation, propagation of fish or waterfowl, or other beneficial public purposes has been​ discontinued;​ (4) continued regulation, control, or maintenance of the water levels of the lake by the dam in the same​ manner as during the 15-year period would be desirable and in the public interests in navigation, propagation​ of fish or waterfowl, or other beneficial public uses of the lake; and​ (5) discontinuance of regulation of water levels through deterioration or removal of the dam would be​ detrimental to public interests in navigation, propagation of fish and waterfowl, or other beneficial public​ uses.​ Subd. 2. Dedication of perpetual flowage easement. (a) Owners of property and interests in property​ bordering on a lake or connecting waters affected by a dam are considered to have dedicated to the state for​ the use and benefit of the public a perpetual flowage easement on the property for all overflow and other​ effects of water on their property resulting from the existence, maintenance, or operation of the dam during​ the 15-year period.​ (b) The perpetual flowage easement has the extent and effect as if the state had:​ (1) owned and controlled the dam;​ (2) regulated, controlled, and maintained the water levels of the lake and connecting waters affected by​ the dam for public use and benefit under the conditions existing during the 15-year period; and​ (3) acquired the flowage easement by prescription.​ Subd. 3. Conveyance of flowage easement to commissioner authorized. The commissioner may​ accept a conveyance or release of a property or an interest in property that grants the state a flowage easement​ on the property for overflow or other effects of water resulting from the existence, maintenance, or operation​ of a dam, or reconstruction or improvement of a dam, or construction of a dam in the outlet of a lake to​ regulate, control, or maintain the water level of the lake in aid of navigation, propagation of fish or waterfowl,​ or other beneficial public purposes.​ Subd. 4. Determining easement rights. (a) An action may be brought in the name of the state in the​ district court of the county where affected property is located to determine:​ (1) the extent and effect of a flowage easement obtained by the state;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.551​MINNESOTA STATUTES 2018​73​ (2) the title and rights of the state under the flowage easement;​ (3) adverse claims to the flowage easement; and​ (4) the rights of all parties interested in or affected by the flowage easement.​ (b) The action may be brought by the attorney general upon the attorney general's own initiative or on​ request of the commissioner. On request of the attorney general, the county attorney of the county where​ the property affected by the flowage easement is located shall assist in bringing the action.​ (c) Part or all of the property affected by the flowage easement that is bordering on one lake and the​ connecting waters of the lake and located in one county may be included in one action. The parties interested​ in the affected property may be joined as defendants in the action.​ (d) Except as otherwise provided in this section and section 103G.555, the law relating to actions for​ the determination of title to real estate in the district court governs the action.​ (e) The cost of the action may be paid from money appropriated for the maintenance, operation, and​ control of the dam involved, or may be paid by the county where the lake and connecting waters are located.​ Subd. 5. Higher ordinary high-water levels. (a) If the water levels maintained by a dam that has existed​ as provided in subdivision 1 have established an ordinary high-water level above the natural ordinary​ high-water level, the ordinary high-water level reestablishes the natural ordinary high-water level of the​ waters. Property owners and the owners of an interest in property affected by the reestablished natural​ ordinary high-water level are presumed to have consented to the reestablished natural ordinary high-water​ level and to have dedicated their property to the state for the use and benefit of the public.​ (b) The commissioner may determine the reestablished natural ordinary high-water level in the same​ manner as provided by law for the determination of natural ordinary high-water levels. The determination​ is prima facie evidence of the level and has the same effect as a determination of natural ordinary high-water​ level by the commissioner.​ Subd. 6. Easements appurtenant to dam. A flowage easement obtained by the state under this section​ attaches and is appurtenant to a dam that is acquired or taken over and maintained or controlled in aid of​ public navigation, propagation of fish or waterfowl, or other beneficial public purposes by the commissioner​ or another agency of the state, a county, a political subdivision, or a combination authorized by law. The​ flowage easement attaches and is appurtenant to the reconstruction or improvement of the dam and to a new​ dam constructed in the outlet of the lake that is taken over and maintained or controlled by the commissioner,​ a state agency, a county, a political subdivision, or a combination authorized by law.​ Subd. 7. State control of abandoned dams. (a) If a dam not owned or controlled by the state or a public​ agency is not used or maintained by or under the authority of the owner of the dam for a lawful purpose for​ a continuous period of at least 15 years, the dam and the dam site are presumed to be abandoned by the​ owner and dedicated to the state with flowage easements appurtenant for the use and benefit of the public.​ The commissioner:​ (1) shall take possession of the dam and the dam site and the flowage easements on behalf of the state​ and use, maintain, operate, and control the dam, dam site, and flowage easements for public purposes; or​ (2) may dispose of the dam, dam site, or flowage easements for public purposes as provided in paragraph​ (b) or as otherwise authorized by law.​ (b) The commissioner may dispose of a dam, dam site, or flowage easement after:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 74​MINNESOTA STATUTES 2018​103G.551​ (1) publishing notice of a hearing on disposing of the dam, dam site, or flowage easement in a legal​ newspaper in the county where the dam is situated;​ (2) holding a hearing; and​ (3) determining that it is not in the public interest for the state to use, maintain, operate, and control the​ dam.​ (c) The commissioner may construct other or additional control works to supplement or supplant the​ dam under other provisions of law.​ (d) The title of the state to a dam, dam site, or flowage easement acquired under this subdivision may​ be established and determined by action in the district court as provided by law for actions for the​ determination of title to real estate.​ (e) Before taking possession of an abandoned dam, dam site, or flowage easement, the commissioner​ must file a written certificate executed by the commissioner stating the dam is abandoned and is acquired​ by the state, in the office of the county recorder of the county where the dam is situated. The responsibility​ for a dam, dam site, or flowage easement is not on the state until the certificate is recorded or a judgment​ entered in an appropriate action establishing the state's title to the dam, dam site, and flowage easement. If​ a county or other political subdivision of the state or combination desires to take over an abandoned dam,​ dam site, and flowage easement and maintain, operate, control, or dispose of the dam, dam site, and flowage​ easement for public purposes, the commissioner may convey the dam, dam site, and flowage easement from​ the state to the county or other political subdivision or combination.​ History: 1990 c 391 art 7 s 53​ 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​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.561​MINNESOTA STATUTES 2018​75​ FLOWAGE EASEMENTS​ 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​ 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​ 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​ WATER AERATION AND DEICING​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 76​MINNESOTA STATUTES 2018​103G.565​ 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​ 103G.611 WATER AERATION SAFETY.​ Subdivision 1. Requirements. (a) The fee for a permit to operate an aeration system on public waters​ during periods of ice cover is $250. The commissioner may waive the fee for aeration systems that are​ assisting efforts to maintain angling opportunities through the prevention of winterkill. To be eligible for​ the fee waiver, the lake being aerated must have public access and aeration must be identified as a desirable​ management tool in a plan approved by the commissioner. Operation of the aeration system in a manner not​ consistent with the approved plan represents justification for rescinding the fee waiver. The fee may not be​ charged to the state or a federal governmental agency applying for a permit. The money received for permits​ under this subdivision must be deposited in the treasury and credited to the game and fish fund.​ (b) A person operating an aeration system on public waters under a water aeration permit must comply​ with the sign posting requirements of this section and applicable rules of the commissioner.​ Subd. 1a. General permits. The commissioner may issue a general permit to a governmental subdivision​ or to the general public to conduct one or more projects described in subdivision 1. A fee of $100 may be​ charged for each aeration system used under a general permit.​ Subd. 2. Posting. (a) If an aeration system is used on the ice of public waters, signs must be posted by​ the water aeration permittee at a height of from four to six feet in a rectangular pattern at each corner of the​ open water, and additional signs between the corner signs so that a sign is posted at least every 100 feet.​ (b) Additional signs must be posted by the permittee on the shoreline of the public waters at each public​ access point and other areas commonly used by the public for access to the lake.​ (c) The signs must comply with the applicable rules of the commissioner.​ Subd. 3. Publishing notice. Advance public notice of the commencement of any aeration system,​ authorized by a water aeration permit from the commissioner during periods of ice cover on public waters,​ must be given by the permittee. Minimum notice consists of publication of the location and date of​ commencement of the aeration system in a newspaper of general circulation in the area where the system​ is proposed to be operated at least two times between five and 60 days before aeration is started.​ Subd. 4. Evidence. In an action for negligence arising out of the conduct of aeration operations authorized​ by a water aeration permit from the commissioner during periods of ice cover on public waters, evidence​ of compliance with the posting and publication requirements of this section and applicable rules and permit​ provisions of the commissioner are prima facie evidence of the exercise of due care by the permittee.​ Subd. 5. Water aeration rules. The commissioner shall adopt rules relating to the issuance of permits​ for aeration, bubbler, water circulation, and similar systems used to increase dissolved oxygen or to maintain​ open water on the surface of public waters.​ Subd. 6. [Repealed, 2006 c 281 art 1 s 24]​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.611​MINNESOTA STATUTES 2018​77​ Subd. 7. Public waters without access. A person who receives a permit to operate an aeration system​ on a public water without a public access and who owns all of the riparian land or all of the possessory rights​ to the riparian land around that water is not subject to the provisions of subdivisions 2, paragraph (b), and​ 3.​ History: 1990 c 391 art 7 s 61; 1995 c 218 s 18; 2003 c 128 art 1 s 118; 2006 c 281 art 1 s 22; 2012​ c 272 s 56​ HARVESTING AND CONTROLLING AQUATIC PLANTS​ 103G.615 PERMITS TO HARVEST OR DESTROY AQUATIC PLANTS.​ Subdivision 1. Issuance; validity. (a) The commissioner may issue a state general permit to a​ governmental subdivision or to the general public to conduct one or more projects described in this​ subdivision. The commissioner may issue permits, with or without a fee, to:​ (1) gather or harvest aquatic plants, or plant parts, other than wild rice from public waters;​ (2) transplant aquatic plants into public waters;​ (3) destroy harmful or undesirable aquatic vegetation or organisms in public waters under prescribed​ conditions to protect the waters, desirable species of fish, vegetation, other forms of aquatic life, and the​ public.​ (b) Application for a permit and a notification to request authorization to conduct a project under a​ general permit must be accompanied by a fee, if required.​ (c) An aquatic plant management permit is valid for one growing season and expires on December 31​ of the year it is issued unless the commissioner stipulates a different expiration date in rule or in the permit.​ (d) A general permit may authorize a project for more than one growing season.​ Subd. 2. Fees. (a) The commissioner shall establish a fee schedule for permits to control or harvest​ aquatic plants other than wild rice. The fees must be set by rule, and section 16A.1283 does not apply, but​ the rule must not take effect until 45 legislative days after it has been reported to the legislature. The fees​ shall not exceed $2,500 per permit and shall be based upon the cost of receiving, processing, analyzing, and​ issuing the permit, and additional costs incurred after the application to inspect and monitor the activities​ authorized by the permit, and enforce aquatic plant management rules and permit requirements.​ (b) A fee for a permit for the control of rooted aquatic vegetation for each contiguous parcel of shoreline​ owned by an owner may be charged. This fee may not be charged for permits issued in connection with​ purple loosestrife control or lakewide Eurasian watermilfoil control programs.​ (c) A fee may not be charged to the state or a federal governmental agency applying for a permit.​ (d) A fee for a permit for the control of rooted aquatic vegetation in a public water basin that is 20 acres​ or less in size shall be one-half of the fee established under paragraph (a).​ (e) The money received for the permits under this subdivision shall be deposited in the treasury and​ credited to the water recreation account.​ (f) The fee for processing a notification to request authorization for work under a general permit is $30,​ until the commissioner establishes a fee by rule as provided under this subdivision.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 78​MINNESOTA STATUTES 2018​103G.611​ Subd. 3. Permit standards. The commissioner shall, by rule, prescribe standards to issue and deny​ permits under this section. The standards must ensure that aquatic plant control is consistent with shoreland​ conservation ordinances, lake management plans and programs, and wild and scenic river plans.​ Subd. 3a. Invasive aquatic plant management permit. (a) "Invasive aquatic plant management permit"​ means an aquatic plant management permit as defined in rules of the Department of Natural Resources that​ authorizes the selective control of invasive aquatic plants to cause a significant reduction in the abundance​ of the invasive aquatic plant.​ (b) The commissioner may waive the dated signature of approval requirement in rules of the Department​ of Natural Resources for invasive aquatic plant management permits if obtaining signatures would create​ an undue burden on the permittee or if the commissioner determines that aquatic plant control is necessary​ to protect natural resources.​ (c) If the signature requirement is waived under paragraph (b) because obtaining signatures would create​ an undue burden on the permittee, the commissioner shall require an alternate form of landowner notification,​ including news releases or public notices in a local newspaper, a public meeting, or a mailing to the most​ recent permanent address of affected landowners. The notification must be given annually and must include:​ the proposed date of treatment, the target species, the method of control or product being used, and instructions​ on how the landowner may request that control not occur adjacent to the landowner's property.​ (d) The commissioner may allow dated signatures of approval obtained for an invasive aquatic plant​ management permit to satisfy rules of the Department of Natural Resources to remain valid for three years​ if property ownership remains unchanged.​ Subd. 4. Enforcement authority and restoration requirements. (a) The commissioner may make​ findings and issue an order to a person to stop the illegal gathering, harvesting, planting or transplanting, or​ destroying of aquatic vegetation or organisms in public waters.​ (b) In the same or a separate findings and order, the commissioner may require restoration or replacement​ of any emergent or floating leaf aquatic vegetation lost as a result of the illegal activities, to the condition​ existing before the illegal activities were undertaken. An order for restoration or replacement must state​ with specificity the work that is necessary to comply with the order and must specify a date by which the​ work must be completed.​ (c) The person or entity to whom the order is issued may request a review of the order by the​ commissioner within 30 days of receipt of written notice by filing a written request for review. If the written​ request is not submitted within 30 days, the restoration or replacement order becomes final. The commissioner​ shall review the request and supporting evidence and render a decision within 60 days of the request for​ review.​ (d) If the person or entity wishes to appeal the decision of the commissioner after review under paragraph​ (c), a written request must be filed with the commissioner within 30 days for a contested case hearing under​ chapter 14. A bond, as provided in subdivision 5, must accompany the demand for a hearing. The bond and​ demand for hearing must be filed 30 days after the person is served with a copy of the decision of the​ commissioner on review.​ (e) If the person or entity to whom the decision of the commissioner on review is addressed does not​ demand a contested case hearing under chapter 14 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​ decision of the commissioner on review; and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.615​MINNESOTA STATUTES 2018​79​ (2) the person may not appeal the order.​ Subd. 5. Bond for demanding public hearing. (a) A person or entity filing a demand for a public​ hearing, under subdivision 4, must execute and file a corporate surety bond or equivalent security to the​ state of Minnesota, to be approved by the commissioner and in an amount and form determined by the​ commissioner. The bond or security must be conditioned to pay the costs of the hearing to the extent described​ in subdivision 6 if the commissioner's findings and order are affirmed without material modification.​ (b) A bond or security is not required of a public authority that demands a public hearing.​ (c) The commissioner may waive the requirement for a bond or other security.​ Subd. 6. Hearing costs. (a) Except as provided in paragraph (b), the costs of a hearing must be paid as​ prescribed by chapter 14 and the chief administrative law judge.​ (b) If the commissioner's order is affirmed without material modification, the appellant must pay the​ following costs, up to $750:​ (1) costs of the stenographic record and transcript; and​ (2) rental costs, if any, of the place where the hearing is held.​ Subd. 7. Misdemeanor. A violation of an order issued under this section is a misdemeanor.​ History: 1990 c 391 art 7 s 62; 1992 c 462 s 18; 1993 c 235 s 4; 2002 c 351 s 25-28; 2003 c 128 art 1​ s 119; 2004 c 255 s 42; 1Sp2005 c 1 art 2 s 123; 2008 c 363 art 5 s 22; 2010 c 361 art 4 s 60; 2011 c 107​ s 77,78; 1Sp2011 c 2 art 4 s 16; 2012 c 272 s 57,58; 2014 c 289 s 58​ 103G.617 [Repealed, 1996 c 385 art 2 s 8]​ 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​ 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​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 80​MINNESOTA STATUTES 2018​103G.615​ 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​ SUNKEN LOG RECOVERY​ 103G.650 [Repealed, 2010 c 361 art 4 s 83]​ 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​ STREAMS​ 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.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.701​MINNESOTA STATUTES 2018​81​ (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​ 103G.705 Subdivision 1. [Repealed, 2012 c 272 s 98]​ Subd. 2. [Repealed, 2010 c 215 art 3 s 8; 2012 c 272 s 98]​ 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​ GREAT LAKES COMPACT​ 103G.801 GREAT LAKES -- ST. LAWRENCE RIVER BASIN WATER RESOURCES COMPACT.​ The Great Lakes -- St. Lawrence River Basin Water Resources Compact is enacted into law and entered​ into with all jurisdictions legally joining therein in the form substantially as follows:​ ARTICLE 1​ SHORT TITLE, DEFINITIONS, PURPOSES AND DURATION​ Section 1.1. Short title.​ This act shall be known and may be cited as the "Great Lakes -- St. Lawrence River Basin Water​ Resources Compact."​ Section 1.2. Definitions.​ For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant​ thereto, except as may be otherwise required by the context:​ "Adaptive management" means a water resources management system that provides a systematic process​ for evaluation, monitoring and learning from the outcomes of operational programs and adjustment of​ policies, plans and programs based on experience and the evolution of scientific knowledge concerning​ water resources and water dependent natural resources.​ "Agreement" means the Great Lakes -- St. Lawrence River Basin Sustainable Water Resources Agreement.​ "Applicant" means a person who is required to submit a proposal that is subject to management and​ regulation under this compact. "Application" has a corresponding meaning.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 82​MINNESOTA STATUTES 2018​103G.701​ "Basin" or "Great Lakes -- St. Lawrence River basin" means the watershed of the Great Lakes and the​ St. Lawrence River upstream from Trois-Rivieres, Quebec within the jurisdiction of the parties.​ "Basin ecosystem" or "Great Lakes -- St. Lawrence River basin ecosystem" means the interacting​ components of air, land, water and living organisms, including humankind, within the basin.​ "Community within a straddling county" means any incorporated city, town or the equivalent thereof,​ that is located outside the basin but wholly within a county that lies partly within the basin and that is not a​ straddling community.​ "Compact" means this compact.​ "Consumptive use" means that portion of the water withdrawn or withheld from the basin that is lost or​ otherwise not returned to the basin due to evaporation, incorporation into products, or other processes.​ "Council" means the Great Lakes -- St. Lawrence River Basin Water Resources Council, created by this​ compact.​ "Council review" means the collective review by the council members as described in Article 4 of this​ compact.​ "County" means the largest territorial division for local government in a state. The county boundaries​ shall be defined as those boundaries that exist as of December 13, 2005.​ "Cumulative impacts" mean the impact on the basin ecosystem that results from incremental effects of​ all aspects of a withdrawal, diversion or consumptive use in addition to other past, present, and reasonably​ foreseeable future withdrawals, diversions and consumptive uses regardless of who undertakes the other​ withdrawals, diversions and consumptive uses. Cumulative impacts can result from individually minor but​ collectively significant withdrawals, diversions and consumptive uses taking place over a period of time.​ "Decision-making standard" means the decision-making standard established by Section 4.11 for​ proposals subject to management and regulation in Section 4.10.​ "Diversion" means a transfer of water from the basin into another watershed, or from the watershed of​ one of the Great Lakes into that of another by any means of transfer, including but not limited to a pipeline,​ canal, tunnel, aqueduct, channel, modification of the direction of a water course, a tanker ship, tanker truck​ or rail tanker but does not apply to water that is used in the basin or a Great Lake watershed to manufacture​ or produce a product that is then transferred out of the basin or watershed. "Divert" has a corresponding​ meaning.​ "Environmentally sound and economically feasible water conservation measures" mean those measures,​ methods, technologies or practices for efficient water use and for reduction of water loss and waste or for​ reducing a withdrawal, consumptive use or diversion that (i) are environmentally sound, (ii) reflect best​ practices applicable to the water use sector, (iii) are technically feasible and available, (iv) are economically​ feasible and cost effective based on an analysis that considers direct and avoided economic and environmental​ costs and (v) consider the particular facilities and processes involved, taking into account the environmental​ impact, age of equipment and facilities involved, the processes employed, energy impacts and other appropriate​ factors.​ "Exception" means a transfer of water that is excepted under Section 4.9 from the prohibition against​ diversions in Section 4.8.​ "Exception standard" means the standard for exceptions established in Section 4.9.4.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.801​MINNESOTA STATUTES 2018​83​ "Intra-basin transfer" means the transfer of water from the watershed of one of the Great Lakes into the​ watershed of another Great Lake.​ "Measures" means any legislation, law, regulation, directive, requirement, guideline, program, policy,​ administrative practice or other procedure.​ "New or increased diversion" means a new diversion, an increase in an existing diversion, or the alteration​ of an existing withdrawal so that it becomes a diversion.​ "New or increased withdrawal or consumptive use" means a new withdrawal or consumptive use or an​ increase in an existing withdrawal or consumptive use.​ "Originating party" means the party within whose jurisdiction an application or registration is made or​ required.​ "Party" means a state party to this compact.​ "Person" means a human being or a legal person, including a government or a non-governmental​ organization, including any scientific, professional, business, non-profit, or public interest organization or​ association that is neither affiliated with, nor under the direction of a government.​ "Product" means something produced in the basin by human or mechanical effort or through agricultural​ processes and used in manufacturing, commercial or other processes or intended for intermediate or end use​ consumers. (i) Water used as part of the packaging of a product shall be considered to be part of the product.​ (ii) Other than water used as part of the packaging of a product, water that is used primarily to transport​ materials in or out of the basin is not a product or part of a product. (iii) Except as provided in (i) above,​ water which is transferred as part of a public or private supply is not a product or part of a product. (iv)​ Water in its natural state such as in lakes, rivers, reservoirs, aquifers, or water basins is not a product.​ "Proposal" means a withdrawal, diversion or consumptive use of water that is subject to this compact.​ "Province" means Ontario or Quebec.​ "Public water supply purposes" means water distributed to the public through a physically connected​ system of treatment, storage and distribution facilities serving a group of largely residential customers that​ may also serve industrial, commercial, and other institutional operators. Water withdrawn directly from the​ basin and not through such a system shall not be considered to be used for public water supply purposes.​ "Regional body" means the members of the council and the premiers of Ontario and Quebec or their​ designee as established by the agreement.​ "Regional review" means the collective review by the regional body as described in Article 4 of this​ compact.​ "Source watershed" means the watershed from which a withdrawal originates. If water is withdrawn​ directly from a Great Lake or from the St. Lawrence River, then the source watershed shall be considered​ to be the watershed of that Great Lake or the watershed of the St. Lawrence River, respectively. If water is​ withdrawn from the watershed of a stream that is a direct tributary to a Great Lake or a direct tributary to​ the St. Lawrence River, then the source watershed shall be considered to be the watershed of that Great Lake​ or the watershed of the St. Lawrence River, respectively, with a preference to the direct tributary stream​ watershed from which it was withdrawn.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 84​MINNESOTA STATUTES 2018​103G.801​ "Standard of review and decision" means the exception standard, decision-making standard and reviews​ as outlined in Article 4 of this compact.​ "State" means one of the states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio or Wisconsin​ or the Commonwealth of Pennsylvania.​ "Straddling community" means any incorporated city, town or the equivalent thereof, wholly within​ any county that lies partly or completely within the basin, whose corporate boundary existing as of the​ effective date of this compact, is partly within the basin or partly within two Great Lakes watersheds.​ "Technical review" means a detailed review conducted to determine whether or not a proposal that​ requires regional review under this compact meets the standard of review and decision following procedures​ and guidelines as set out in this compact.​ "Water" means ground or surface water contained within the basin.​ "Water dependent natural resources" means the interacting components of land, water and living organisms​ affected by the waters of the basin.​ "Waters of the basin" or "basin water" means the Great Lakes and all streams, rivers, lakes, connecting​ channels and other bodies of water, including tributary groundwater, within the basin.​ "Withdrawal" means the taking of water from surface water or groundwater. "Withdraw" has a​ corresponding meaning.​ Section 1.3. Findings and purposes.​ The legislative bodies of the respective parties hereby find and declare:​ 1. Findings:​ a. the waters of the basin are precious public natural resources shared and held in trust by the states;​ b. the waters of the basin are interconnected and part of a single hydrologic system;​ c. the waters of the basin can concurrently serve multiple uses. Such multiple uses include municipal,​ public, industrial, commercial, agriculture, mining, navigation, energy development and production, recreation,​ the subsistence, economic and cultural activities of native peoples, water quality maintenance, and the​ maintenance of fish and wildlife habitat and a balanced ecosystem. And, other purposes are encouraged,​ recognizing that such uses are interdependent and must be balanced;​ d. future diversions and consumptive uses of basin water resources have the potential to significantly​ impact the environment, economy and welfare of the Great Lakes -- St. Lawrence River region;​ e. continued sustainable, accessible and adequate water supplies for the people and economy of the basin​ are of vital importance; and​ f. the parties have a shared duty to protect, conserve, restore, improve and manage the renewable but​ finite waters of the basin for the use, benefit and enjoyment of all their citizens, including generations yet​ to come. The most effective means of protecting, conserving, restoring, improving and managing the basin​ waters is through the joint pursuit of unified and cooperative principles, policies and programs mutually​ agreed upon, enacted and adhered to by all parties.​ 2. Purposes:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.801​MINNESOTA STATUTES 2018​85​ a. to act together to protect, conserve, restore, improve and effectively manage the waters and water​ dependent natural resources of the basin under appropriate arrangements for intergovernmental cooperation​ and consultation because current lack of full scientific certainty should not be used as a reason for postponing​ measures to protect the basin ecosystem;​ b. to remove causes of present and future controversies;​ c. to provide for cooperative planning and action by the parties with respect to such water resources;​ d. to facilitate consistent approaches to water management across the basin while retaining state​ management authority over water management decisions within the basin;​ e. to facilitate the exchange of data, strengthen the scientific information base upon which decisions are​ made and engage in consultation on the potential effects of proposed withdrawals and losses on the waters​ and water dependent natural resources of the basin;​ f. to prevent significant adverse impacts of withdrawals and losses on the basin's ecosystems and​ watersheds;​ g. to promote interstate and state-provincial comity; and​ h. to promote an adaptive management approach to the conservation and management of basin water​ resources, which recognizes, considers and provides adjustments for the uncertainties in, and evolution of,​ scientific knowledge concerning the basin's waters and water dependent natural resources.​ Section 1.4. Science.​ 1. The parties commit to provide leadership for the development of a collaborative strategy with other​ regional partners to strengthen the scientific basis for sound water management decision making under this​ compact.​ 2. The strategy shall guide the collection and application of scientific information to support:​ a. an improved understanding of the individual and cumulative impacts of withdrawals from various​ locations and water sources on the basin ecosystem and to develop a mechanism by which impacts of​ withdrawals may be assessed;​ b. the periodic assessment of cumulative impacts of withdrawals, diversions and consumptive uses on​ a Great Lake and St. Lawrence River watershed basis;​ c. improved scientific understanding of the waters of the basin;​ d. improved understanding of the role of groundwater in basin water resources management; and​ e. the development, transfer and application of science and research related to water conservation and​ water use efficiency.​ ARTICLE 2​ ORGANIZATION​ Section 2.1. Council created.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 86​MINNESOTA STATUTES 2018​103G.801​ The Great Lakes -- St. Lawrence River Basin Water Resources Council is hereby created as a body​ politic and corporate, with succession for the duration of this compact, as an agency and instrumentality of​ the governments of the respective parties.​ Section 2.2. Council membership.​ The council shall consist of the governors of the parties, ex officio.​ Section 2.3. Alternates.​ Each member of the council shall appoint at least one alternate who may act in his or her place and​ stead, with authority to attend all meetings of the council and with power to vote in the absence of the​ member. Unless otherwise provided by law of the party for which he or she is appointed, each alternate shall​ serve during the term of the member appointing him or her, subject to removal at the pleasure of the member.​ In the event of a vacancy in the office of alternate, it shall be filled in the same manner as an original​ appointment for the unexpired term only.​ Section 2.4. Voting.​ 1. Each member is entitled to one vote on all matters that may come before the council.​ 2. Unless otherwise stated, the rule of decision shall be by a simple majority.​ 3. The council shall annually adopt a budget for each fiscal year and the amount required to balance the​ budget shall be apportioned equitably among the parties by unanimous vote of the council. The appropriation​ of such amounts shall be subject to such review and approval as may be required by the budgetary processes​ of the respective parties.​ 4. The participation of council members from a majority of the parties shall constitute a quorum for the​ transaction of business at any meeting of the council.​ Section 2.5. Organization and procedure.​ The council shall provide for its own organization and procedure, and may adopt rules and regulations​ governing its meetings and transactions, as well as the procedures and timeline for submission, review and​ consideration of proposals that come before the council for its review and action. The council shall organize,​ annually, by the election of a chair and vice chair from among its members. Each member may appoint an​ advisor, who may attend all meetings of the council and its committees, but shall not have voting power.​ The council may employ or appoint professional and administrative personnel, including an executive​ director, as it may deem advisable, to carry out the purposes of this compact.​ Section 2.6. Use of existing offices and agencies.​ It is the policy of the parties to preserve and utilize the functions, powers and duties of existing offices​ and agencies of government to the extent consistent with this compact. Further, the council shall promote​ and aid the coordination of the activities and programs of the parties concerned with water resources​ management in the basin. To this end, but without limitation, the council may:​ 1. advise, consult, contract, assist or otherwise cooperate with any and all such agencies;​ 2. employ any other agency or instrumentality of any of the parties for any purpose; and​ 3. develop and adopt plans consistent with the water resources plans of the parties.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.801​MINNESOTA STATUTES 2018​87​ Section 2.7. Jurisdiction.​ The council shall have, exercise and discharge its functions, powers and duties within the limits of the​ basin. Outside the basin, it may act in its discretion, but only to the extent such action may be necessary or​ convenient to effectuate or implement its powers or responsibilities within the basin and subject to the​ consent of the jurisdiction wherein it proposes to act.​ Section 2.8. Status, immunities and privileges.​ 1. The council, its members and personnel in their official capacity and when engaged directly in the​ affairs of the council, its property and its assets, wherever located and by whomsoever held, shall enjoy the​ same immunity from suit and every form of judicial process as is enjoyed by the parties, except to the extent​ that the council may expressly waive its immunity for the purposes of any proceedings or by the terms of​ any contract.​ 2. The property and assets of the council, wherever located and by whomsoever held, shall be considered​ public property and shall be immune from search, requisition, confiscation, expropriation or any other form​ of taking or foreclosure by executive or legislative action.​ 3. The council, its property and its assets, income and the operations it carries out pursuant to this compact​ shall be immune from all taxation by or under the authority of any of the parties or any political subdivision​ thereof; provided, however, that in lieu of property taxes the council may make reasonable payments to local​ taxing districts in annual amounts which shall approximate the taxes lawfully assessed upon similar property.​ Section 2.9. Advisory committees.​ The council may constitute and empower advisory committees, which may be comprised of representatives​ of the public and of federal, state, tribal, county and local governments, water resources agencies, water-using​ industries and sectors, water-interest groups and academic experts in related fields.​ ARTICLE 3​ GENERAL POWERS AND DUTIES​ Section 3.1. General.​ The waters and water dependent natural resources of the basin are subject to the sovereign right and​ responsibilities of the parties, and it is the purpose of this compact to provide for joint exercise of such​ powers of sovereignty by the council in the common interests of the people of the region, in the manner and​ to the extent provided in this compact. The council and the parties shall use the standard of review and​ decision and procedures contained in or adopted pursuant to this compact as the means to exercise their​ authority under this compact.​ The council may revise the standard of review and decision, after consultation with the provinces and​ upon unanimous vote of all council members, by regulation duly adopted in accordance with Section 3.3 of​ this compact and in accordance with each party's respective statutory authorities and applicable procedures.​ The council shall identify priorities and develop plans and policies relating to basin water resources. It​ shall adopt and promote uniform and coordinated policies for water resources conservation and management​ in the basin.​ Section 3.2. Council powers.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 88​MINNESOTA STATUTES 2018​103G.801​ The council may: plan; conduct research and collect, compile, analyze, interpret, report and disseminate​ data on water resources and uses; forecast water levels; conduct investigations; institute court actions; design,​ acquire, construct, reconstruct, own, operate, maintain, control, sell and convey real and personal property​ and any interest therein as it may deem necessary, useful or convenient to carry out the purposes of this​ compact; make contracts; receive and accept such payments, appropriations, grants, gifts, loans, advances​ and other funds, properties and services as may be transferred or made available to it by any party or by any​ other public or private agency, corporation or individual; and, exercise such other and different powers as​ may be delegated to it by this compact or otherwise pursuant to law, and have and exercise all powers​ necessary or convenient to carry out its express powers or which may be reasonably implied therefrom.​ Section 3.3. Rules and regulations.​ 1. The council may promulgate and enforce such rules and regulations as may be necessary for the​ implementation and enforcement of this compact. The council may adopt by regulation, after public notice​ and public hearing, reasonable application fees with respect to those proposals for exceptions that are subject​ to council review under Section 4.9. Any rule or regulation of the council, other than one which deals solely​ with the internal management of the council or its property, shall be adopted only after public notice and​ hearing.​ 2. Each party, in accordance with its respective statutory authorities and applicable procedures, may​ adopt and enforce rules and regulations to implement and enforce this compact and the programs adopted​ by such party to carry out the management programs contemplated by this compact.​ Section 3.4. Program review and findings.​ 1. Each party shall submit a report to the council and the regional body detailing its water management​ and conservation and efficiency programs that implement this compact. The report shall set out the manner​ in which water withdrawals are managed by sector, water source, quantity or any other means, and how the​ provisions of the standard of review and decision and conservation and efficiency programs are implemented.​ The first report shall be provided by each party one year from the effective date of this compact and thereafter​ every five years.​ 2. The council, in cooperation with the provinces, shall review its water management and conservation​ and efficiency programs and those of the parties that are established in this compact and make findings on​ whether the water management program provisions in this compact are being met, and if not, recommend​ options to assist the parties in meeting the provisions of this compact. Such review shall take place:​ a. 30 days after the first report is submitted by all parties; and​ b. every five years after the effective date of this compact; and​ c. at any other time at the request of one of the parties.​ 3. As one of its duties and responsibilities, the council may recommend a range of approaches to the​ parties with respect to the development, enhancement and application of water management and conservation​ and efficiency programs to implement the standard of review and decision reflecting improved scientific​ understanding of the waters of the basin, including groundwater, and the impacts of withdrawals on the​ basin ecosystem.​ ARTICLE 4​ WATER MANAGEMENT AND REGULATION​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.801​MINNESOTA STATUTES 2018​89​ Section 4.1. Water resources inventory, registration and reporting.​ 1. Within five years of the effective date of this compact, each party shall develop and maintain a water​ resources inventory for the collection, interpretation, storage, retrieval exchange, and dissemination of​ information concerning the water resources of the party, including, but not limited to, information on the​ location, type, quantity, and use of those resources and the location, type, and quantity of withdrawals,​ diversions and consumptive uses. To the extent feasible, the water resources inventory shall be developed​ in cooperation with local, state, federal, tribal and other private agencies and entities, as well as the council.​ Each party's agencies shall cooperate with that party in the development and maintenance of the inventory.​ 2. The council shall assist each party to develop a common base of data regarding the management of​ the water resources of the basin and to establish systematic arrangements for the exchange of those data​ with other states and provinces.​ 3. To develop and maintain a compatible base of water use information, within five years of the effective​ date of this compact any person who withdraws water in an amount of 100,000 gallons per day or greater​ average in any 30-day period (including consumptive uses) from all sources, or diverts water of any amount,​ shall register the withdrawal or diversion by a date set by the council unless the person has previously​ registered in accordance with an existing state program. The person shall register the withdrawal or diversion​ with the originating party using a form prescribed by the originating party that shall include, at a minimum​ and without limitation: the name and address of the registrant and date of registration; the locations and​ sources of the withdrawal or diversion; the capacity of the withdrawal or diversion per day and the amount​ withdrawn or diverted from each source; the uses made of the water; places of use and places of discharge;​ and, such other information as the originating party may require. All registrations shall include an estimate​ of the volume of the withdrawal or diversion in terms of gallons per day average in any 30-day period.​ 4. All registrants shall annually report the monthly volumes of the withdrawal, consumptive use and​ diversion in gallons to the originating party and any other information requested by the originating party.​ 5. Each party shall annually report the information gathered pursuant to this section to a Great Lakes --​ St. Lawrence River water use database repository and aggregated information shall be made publicly available,​ consistent with the confidentiality requirements in Section 8.3.​ 6. Information gathered by the parties pursuant to this section shall be used to improve the sources and​ applications of scientific information regarding the waters of the basin and the impacts of the withdrawals​ and diversions from various locations and water sources on the basin ecosystem, and to better understand​ the role of groundwater in the basin. The council and the parties shall coordinate the collection and application​ of scientific information to further develop a mechanism by which individual and cumulative impacts of​ withdrawals, consumptive uses and diversions shall be assessed.​ Section 4.2. Water conservation and efficiency programs.​ 1. The council commits to identify, in cooperation with the provinces, basin-wide water conservation​ and efficiency objectives to assist the parties in developing their water conservation and efficiency program.​ These objectives are based on the goals of:​ a. ensuring improvement of the waters and water dependent natural resources;​ b. protecting and restoring the hydrologic and ecosystem integrity of the basin;​ c. retaining the quantity of surface water and groundwater in the basin;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 90​MINNESOTA STATUTES 2018​103G.801​ d. ensuring sustainable use of waters of the basin; and​ e. promoting the efficiency of use and reducing losses and waste of water.​ 2. Within two years of the effective date of this compact, each party shall develop its own water​ conservation and efficiency goals and objectives consistent with the basin-wide goals and objectives, and​ shall develop and implement a water conservation and efficiency program, either voluntary or mandatory,​ within its jurisdiction based on the party's goals and objectives. Each party shall annually assess its programs​ in meeting the party's goals and objectives, report to the council and the regional body and make this annual​ assessment available to the public.​ 3. Beginning five years after the effective date of this compact, and every five years thereafter, the​ council, in cooperation with the provinces, shall review and modify as appropriate the basin-wide objectives,​ and the parties shall have regard for any such modifications in implementing their programs. This assessment​ will be based on examining new technologies, new patterns of water use, new resource demands and threats,​ and cumulative impact assessment under Section 4.15.​ 4. Within two years of the effective date of this compact, the parties commit to promote environmentally​ sound and economically feasible water conservation measures such as:​ a. measures that promote efficient use of water;​ b. identification and sharing of best management practices and state of the art conservation and efficiency​ technologies;​ c. application of sound planning principles;​ d. demand-side and supply-side measures or incentives; and​ e. development, transfer and application of science and research.​ 5. Each party shall implement in accordance with paragraph 2 above a voluntary or mandatory water​ conservation program for all, including existing, basin water users. Conservation programs need to adjust​ to new demands and the potential impacts of cumulative effects and climate.​ Section 4.3. Party powers and duties.​ 1. Each party, within its jurisdiction, shall manage and regulate new or increased withdrawals,​ consumptive uses and diversions, including exceptions, in accordance with this compact.​ 2. Each party shall require an applicant to submit an application in such manner and with such​ accompanying information as the party shall prescribe.​ 3. No party may approve a proposal if the party determines that the proposal is inconsistent with this​ compact or the standard of review and decision or any implementing rules or regulations promulgated​ thereunder. The party may approve, approve with modifications or disapprove any proposal depending on​ the proposal's consistency with this compact and the standard of review and decision.​ 4. Each party shall monitor the implementation of any approved proposal to ensure consistency with​ the approval and may take all necessary enforcement actions.​ 5. No party shall approve a proposal subject to council or regional review, or both, pursuant to this​ compact unless it shall have been first submitted to and reviewed by either the council or regional body, or​ both, and approved by the council, as applicable. Sufficient opportunity shall be provided for comment on​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.801​MINNESOTA STATUTES 2018​91​ the proposal's consistency with this compact and the standard of review and decision. All such comments​ shall become part of the party's formal record of decision, and the party shall take into consideration any​ such comments received.​ Section 4.4. Requirement for originating party approval.​ No proposal subject to management and regulation under this compact shall hereafter be undertaken by​ any person unless it shall have been approved by the originating party.​ Section 4.5. Regional review.​ 1. General.​ a. It is the intention of the parties to participate in regional review of proposals with the provinces, as​ described in this compact and the agreement.​ b. Unless the applicant or the originating party otherwise requests, it shall be the goal of the regional​ body to conclude its review no later than 90 days after notice under Section 4.5.2 of such proposal is received​ from the originating party.​ c. Proposals for exceptions subject to regional review shall be submitted by the originating party to the​ regional body for regional review, and where applicable, to the council for concurrent review.​ d. The parties agree that the protection of the integrity of the Great Lakes -- St. Lawrence River basin​ ecosystem shall be the overarching principle for reviewing proposals subject to regional review, recognizing​ uncertainties with respect to demands that may be placed on basin water, including groundwater, levels and​ flows of the Great Lakes and the St. Lawrence River, future changes in environmental conditions, the​ reliability of existing data and the extent to which diversions may harm the integrity of the basin ecosystem.​ e. The originating party shall have lead responsibility for coordinating information for resolution of​ issues related to evaluation of a proposal, and shall consult with the applicant throughout the regional review​ process.​ f. A majority of the members of the regional body may request regional review of a regionally significant​ or potentially precedent setting proposal. Such regional review must be conducted, to the extent possible,​ within the time frames set forth in this section. Any such regional review shall be undertaken only after​ consulting the applicant.​ 2. Notice from originating party to the regional body.​ a. The originating party shall determine if a proposal is subject to regional review. If so, the originating​ party shall provide timely notice to the regional body and the public.​ b. Such notice shall not be given unless and until all information, documents and the originating party's​ technical review needed to evaluate whether the proposal meets the standard of review and decision have​ been provided.​ c. An originating party may:​ i. provide notice to the regional body of an application, even if notification is not required; or​ ii. request regional review of an application, even if regional review is not required. Any such regional​ review shall be undertaken only after consulting the applicant.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 92​MINNESOTA STATUTES 2018​103G.801​ d. An originating party may provide preliminary notice of a potential proposal.​ 3. Public participation.​ a. To ensure adequate public participation, the regional body shall adopt procedures for the review of​ proposals that are subject to regional review in accordance with this article.​ b. The regional body shall provide notice to the public of a proposal undergoing regional review. Such​ notice shall indicate that the public has an opportunity to comment in writing to the regional body on whether​ the proposal meets the standard of review and decision.​ c. The regional body shall hold a public meeting in the state or province of the originating party in order​ to receive public comment on the issue of whether the proposal under consideration meets the standard of​ review and decision.​ d. The regional body shall consider the comments received before issuing a declaration of finding.​ e. The regional body shall forward the comments it receives to the originating party.​ 4. Technical review.​ a. The originating party shall provide the regional body with its technical review of the proposal under​ consideration.​ b. The originating party's technical review shall thoroughly analyze the proposal and provide an evaluation​ of the proposal sufficient for a determination of whether the proposal meets the standard of review and​ decision.​ c. Any member of the regional body may conduct their own technical review of any proposal subject​ to regional review.​ d. At the request of the majority of its members, the regional body shall make such arrangements as it​ considers appropriate for an independent technical review of a proposal.​ e. All parties shall exercise their best efforts to ensure that a technical review undertaken under Sections​ 4.5.4.c and 4.5.4.d does not unnecessarily delay the decision by the originating party on the application.​ Unless the applicant or the originating party otherwise requests, all technical reviews shall be completed no​ later than 60 days after the date the notice of the proposal was given to the regional body.​ 5. Declaration of finding.​ a. The regional body shall meet to consider a proposal. The applicant shall be provided with an opportunity​ to present the proposal to the regional body at such time.​ b. The regional body, having considered the notice, the originating party's technical review, any other​ independent technical review that is made, any comments or objections including the analysis of comments​ made by the public, first nations and federally recognized tribes, and any other information that is provided​ under this compact shall issue a declaration of finding that the proposal under consideration:​ i. meets the standard of review and decision;​ ii. does not meet the standard of review and decision; or​ iii. would meet the standard of review and decision if certain conditions were met.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.801​MINNESOTA STATUTES 2018​93​ c. An originating party may decline to participate in a declaration of finding made by the regional body.​ d. The parties recognize and affirm that it is preferable for all members of the regional body to agree​ whether the proposal meets the standard of review and decision.​ e. If the members of the regional body who participate in the declaration of finding all agree, they shall​ issue a written declaration of finding with consensus.​ f. In the event that the members cannot agree, the regional body shall make every reasonable effort to​ achieve consensus within 25 days.​ g. Should consensus not be achieved, the regional body may issue a declaration of finding that presents​ different points of view and indicates each party's conclusions.​ h. The regional body shall release the declarations of finding to the public.​ i. The originating party and the council shall consider the declaration of finding before making a decision​ on the proposal.​ Section 4.6. Proposals subject to prior notice.​ 1. Beginning no later than five years of the effective date of this compact, the originating party shall​ provide all parties and the provinces with detailed and timely notice and an opportunity to comment within​ 90 days on any proposal for a new or increased consumptive use of five million gallons per day or greater​ average in any 90-day period. Comments shall address whether or not the proposal is consistent with the​ standard of review and decision. The originating party shall provide a response to any such comment received​ from another party.​ 2. A party may provide notice, an opportunity to comment and a response to comments even if this is​ not required under paragraph 1 of this section. Any provision of such notice and opportunity to comment​ shall be undertaken only after consulting the applicant.​ Section 4.7. Council actions.​ 1. Proposals for exceptions subject to council review shall be submitted by the originating party to the​ council for council review, and where applicable, to the regional body for concurrent review.​ 2. The council shall review and take action on proposals in accordance with this compact and the standard​ of review and decision. The council shall not take action on a proposal subject to regional review pursuant​ to this compact unless the proposal shall have been first submitted to and reviewed by the regional body.​ The council shall consider any findings resulting from such review.​ Section 4.8. Prohibition of new or increased diversions.​ All new or increased diversions are prohibited, except as provided for in this article.​ Section 4.9. Exceptions to the prohibition of diversions.​ 1. Straddling communities. A proposal to transfer water to an area within a straddling community but​ outside the basin or outside the source Great Lake watershed shall be excepted from the prohibition against​ diversions and be managed and regulated by the originating party provided that, regardless of the volume​ of water transferred, all the water so transferred shall be used solely for public water supply purposes within​ the straddling community, and:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 94​MINNESOTA STATUTES 2018​103G.801​ a. all water withdrawn from the basin shall be returned, either naturally or after use, to the source​ watershed less an allowance for consumptive use. No surface water or groundwater from outside the basin​ may be used to satisfy any portion of this criterion except if it:​ i. is part of a water supply or wastewater treatment system that combines water from inside and outside​ of the basin;​ ii. is treated to meet applicable water quality discharge standards and to prevent the introduction of​ invasive species into the basin;​ iii. maximizes the portion of water returned to the source watershed as basin water and minimizes the​ surface water or groundwater from outside the basin;​ b. if the proposal results from a new or increased withdrawal of 100,000 gallons per day or greater​ average over any 90-day period, the proposal shall also meet the exception standard;​ c. if the proposal results in a new or increased consumptive use of five million gallons per day or greater​ average over any 90-day period, the proposal shall also undergo regional review.​ 2. Intra-basin transfer. A proposal for an intra-basin transfer that would be considered a diversion under​ this compact, and not already excepted pursuant to paragraph 1 of this section, shall be excepted from the​ prohibition against diversions, provided that:​ a. If the proposal results from a new or increased withdrawal less than 100,000 gallons per day average​ over any 90-day period, the proposal shall be subject to management and regulation at the discretion of the​ originating party.​ b. If the proposal results from a new or increased withdrawal of 100,000 gallons per day or greater​ average over any 90-day period and if the consumptive use resulting from the withdrawal is less than five​ million gallons per day average over any 90-day period:​ i. the proposal shall meet the exception standard and be subject to management and regulation by the​ originating party, except that the water may be returned to another Great Lake watershed rather than the​ source watershed;​ ii. the applicant shall demonstrate that there is no feasible, cost effective, and environmentally sound​ water supply alternative within the Great Lake watershed to which the water will be transferred, including​ conservation of existing water supplies; and​ iii. the originating party shall provide notice to the other parties prior to making any decision with respect​ to the proposal.​ c. If the proposal results in a new or increased consumptive use of five million gallons per day or greater​ average over any 90-day period:​ i. the proposal shall be subject to management and regulation by the originating party and shall meet​ the exception standard, ensuring that water withdrawn shall be returned to the source watershed;​ ii. the applicant shall demonstrate that there is no feasible, cost effective, and environmentally sound​ water supply alternative within the Great Lake watershed to which the water will be transferred, including​ conservation of existing water supplies;​ iii. the proposal undergoes regional review; and​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.801​MINNESOTA STATUTES 2018​95​ iv. the proposal is approved by the council. Council approval shall be given unless one or more council​ members vote to disapprove.​ 3. Straddling counties. A proposal to transfer water to a community within a straddling county that​ would be considered a diversion under this compact shall be excepted from the prohibition against diversions,​ provided that it satisfies all of the following conditions:​ a. the water shall be used solely for the public water supply purposes of the community within a straddling​ county that is without adequate supplies of potable water;​ b. the proposal meets the exception standard, maximizing the portion of water returned to the source​ watershed as basin water and minimizing the surface water or groundwater from outside the basin;​ c. the proposal shall be subject to management and regulation by the originating party, regardless of its​ size;​ d. there is no reasonable water supply alternative within the basin in which the community is located,​ including conservation of existing water supplies;​ e. caution shall be used in determining whether or not the proposal meets the conditions for this exception.​ This exception should not be authorized unless it can be shown that it will not endanger the integrity of the​ basin ecosystem;​ f. the proposal undergoes regional review; and​ g. the proposal is approved by the council. Council approval shall be given unless one or more council​ members vote to disapprove.​ A proposal must satisfy all of the conditions listed above. Further, substantive consideration will also be​ given to whether or not the proposal can provide sufficient scientifically based evidence that the existing​ water supply is derived from groundwater that is hydrologically interconnected to waters of the basin.​ 4. Exception standard. Proposals subject to management and regulation in this section shall be declared​ to meet this exception standard and may be approved as appropriate only when the following criteria are​ met:​ a. the need for all or part of the proposed exception cannot be reasonably avoided through the efficient​ use and conservation of existing water supplies;​ b. the exception will be limited to quantities that are considered reasonable for the purposes for which​ it is proposed;​ c. all water withdrawn shall be returned, either naturally or after use, to the source watershed less an​ allowance for consumptive use. No surface water or groundwater from outside the basin may be used to​ satisfy any portion of this criterion except if it:​ i. is part of a water supply or wastewater treatment system that combines water from inside and outside​ of the basin;​ ii. is treated to meet applicable water quality discharge standards and to prevent the introduction of​ invasive species into the basin;​ d. the exception will be implemented so as to ensure that it will result in no significant individual or​ cumulative adverse impacts to the quantity or quality of the waters and water dependent natural resources​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 96​MINNESOTA STATUTES 2018​103G.801​ of the basin with consideration given to the potential cumulative impacts of any precedent-setting​ consequences associated with the proposal;​ e. the exception will be implemented so as to incorporate environmentally sound and economically​ feasible water conservation measures to minimize water withdrawals or consumptive use;​ f. the exception will be implemented so as to ensure that it is in compliance with all applicable municipal,​ state, and federal laws as well as regional interstate and international agreements, including the Boundary​ Waters Treaty of 1909; and​ g. all other applicable criteria in Section 4.9 have also been met.​ Section 4.10. Management and regulation of new or increased withdrawals and consumptive uses.​ 1. Within five years of the effective date of this compact, each party shall create a program for the​ management and regulation of new or increased withdrawals and consumptive uses by adopting and​ implementing measures consistent with the decision-making standard. Each party, through a considered​ process, shall set and may modify threshold levels for the regulation of new or increased withdrawals in​ order to assure an effective and efficient water management program that will ensure that uses overall are​ reasonable, that withdrawals overall will not result in significant impacts to the waters and water dependent​ natural resources of the basin, determined on the basis of significant impacts to the physical, chemical, and​ biological integrity of source watersheds, and that all other objectives of the compact are achieved. Each​ party may determine the scope and thresholds of its program, including which new or increased withdrawals​ and consumptive uses will be subject to the program.​ 2. Any party that fails to set threshold levels that comply with Section 4.10.1 any time before ten years​ after the effective date of this compact shall apply a threshold level for management and regulation of all​ new or increased withdrawals of 100,000 gallons per day or greater average in any 90-day period.​ 3. The parties intend programs for new or increased withdrawals and consumptive uses to evolve as​ may be necessary to protect basin waters. Pursuant to Section 3.4, the council, in cooperation with the​ provinces, shall periodically assess the water management programs of the parties. Such assessments may​ produce recommendations for the strengthening of the programs, including without limitation, establishing​ lower thresholds for management and regulation in accordance with the decision-making standard.​ Section 4.11. Decision-making standard.​ Proposals subject to management and regulation in Section 4.10 shall be declared to meet this​ decision-making standard and may be approved as appropriate only when the following criteria are met:​ 1. all water withdrawn shall be returned, either naturally or after use, to the source watershed less an​ allowance for consumptive use;​ 2. the withdrawal or consumptive use will be implemented so as to ensure that the proposal will result​ in no significant individual or cumulative adverse impacts to the quantity or quality of the waters and water​ dependent natural resources and the applicable source watershed;​ 3. the withdrawal or consumptive use will be implemented so as to incorporate environmentally sound​ and economically feasible water conservation measures;​ 4. the withdrawal or consumptive use will be implemented so as to ensure that it is in compliance with​ all applicable municipal, state, and federal laws as well as regional interstate and international agreements,​ including the Boundary Waters Treaty of 1909;​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.801​MINNESOTA STATUTES 2018​97​ 5. the proposed use is reasonable, based upon a consideration of the following factors:​ a. whether the proposed withdrawal or consumptive use is planned in a fashion that provides for efficient​ use of the water, and will avoid or minimize the waste of water;​ b. if the proposal is for an increased withdrawal or consumptive use, whether efficient use is made of​ existing water supplies;​ c. the balance between economic development, social development, and environmental protection of​ the proposed withdrawal and use and other existing or planned withdrawals and water uses sharing the water​ source;​ d. the supply potential of the water source, considering quantity, quality, and reliability and safe yield​ of hydrologically interconnected water sources;​ e. the probable degree and duration of any adverse impacts caused or expected to be caused by the​ proposed withdrawal and use under foreseeable conditions, to other lawful consumptive or nonconsumptive​ uses of water or to the quantity or quality of the waters and water dependent natural resources of the basin,​ and the proposed plans and arrangements for avoidance or mitigation of such impacts; and​ f. if a proposal includes restoration of hydrologic conditions and functions of the source watershed, the​ party may consider that.​ Section 4.12. Applicability.​ 1. Minimum standard. This standard of review and decision shall be used as a minimum standard. Parties​ may impose a more restrictive decision-making standard for withdrawals under their authority. It is also​ acknowledged that although a proposal meets the standard of review and decision it may not be approved​ under the laws of the originating party that has implemented more restrictive measures.​ 2. Baseline.​ a. To establish a baseline for determining a new or increased diversion, consumptive use or withdrawal,​ each party shall develop either or both of the following lists for their jurisdiction:​ i. a list of existing withdrawal approvals as of the effective date of the compact;​ ii. a list of the capacity of existing systems as of the effective date of this compact. The capacity of the​ existing systems should be presented in terms of withdrawal capacity, treatment capacity, distribution​ capacity, or other capacity limiting factors. The capacity of the existing systems must represent the state of​ the systems. Existing capacity determinations shall be based upon approval limits or the most restrictive​ capacity information.​ b. For all purposes of this compact, volumes of diversions, consumptive uses, or withdrawals of water​ set forth in the list(s) prepared by each party in accordance with this section, shall constitute the baseline​ volume.​ c. The list(s) shall be furnished to the regional body and the council within one year of the effective date​ of this compact.​ 3. Timing of additional applications. Applications for new or increased withdrawals, consumptive uses​ or exceptions shall be considered cumulatively within ten years of any application.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 98​MINNESOTA STATUTES 2018​103G.801​ 4. Change of ownership. Unless a new owner proposes a project that shall result in a proposal for a new​ or increased diversion or consumptive use subject to regional review or council approval, the change of​ ownership in and of itself shall not require regional review or council approval.​ 5. Groundwater. The basin surface water divide shall be used for the purpose of managing and regulating​ new or increased diversions, consumptive uses or withdrawals of surface water and groundwater.​ 6. Withdrawal systems. The total volume of surface water and groundwater resources that supply a​ common distribution system shall determine the volume of a withdrawal, consumptive use or diversion.​ 7. Connecting channels. The watershed of each Great Lake shall include its upstream and downstream​ connecting channels.​ 8. Transmission in water lines. Transmission of water within a line that extends outside the basin as it​ conveys water from one point to another within the basin shall not be considered a diversion if none of the​ water is used outside the basin.​ 9. Hydrologic units. The Lake Michigan and Lake Huron watersheds shall be considered to be a single​ hydrologic unit and watershed.​ 10. Bulk water transfer. A proposal to withdraw water and to remove it from the basin in any container​ greater than 5.7 gallons shall be treated under this compact in the same manner as a proposal for a diversion.​ Each party shall have the discretion, within its jurisdiction, to determine the treatment of proposals to​ withdraw water and to remove it from the basin in any container of 5.7 gallons or less.​ Section 4.13. Exemptions.​ Withdrawals from the basin for the following purposes are exempt from the requirements of Article 4.​ 1. To supply vehicles, including vessels and aircraft, whether for the needs of the persons or animals​ being transported or for ballast or other needs related to the operation of the vehicles.​ 2. To use in a noncommercial project on a short-term basis for firefighting, humanitarian, or emergency​ response purposes.​ Section 4.14. U. S. Supreme Court decree: Wisconsin et al. v. Illinois et al.​ 1. Notwithstanding any terms of this compact to the contrary, with the exception of paragraph 5 of this​ section, current, new, or increased withdrawals, consumptive uses, and diversions of basin water by the state​ of Illinois shall be governed by the terms of the United States Supreme Court decree in Wisconsin et al. v.​ Illinois et al. and shall not be subject to the terms of this compact nor any rules or regulations promulgated​ pursuant to this compact. This means that, with the exception of paragraph 5 of this section, for purposes​ of this compact, current, new, or increased withdrawals, consumptive uses, and diversions of basin water​ within the state of Illinois shall be allowed unless prohibited by the terms of the United States Supreme​ Court decree in Wisconsin et al. v. Illinois et al.​ 2. The parties acknowledge that the United States Supreme Court decree in Wisconsin et al. v. Illinois​ et al. shall continue in full force and effect, that this compact shall not modify any terms thereof, and that​ this compact shall grant the parties no additional rights, obligations, remedies, or defenses thereto. The​ parties specifically acknowledge that this compact shall not prohibit or limit the state of Illinois in any​ manner from seeking additional basin water as allowed under the terms of the United States Supreme Court​ decree in Wisconsin et al. v. Illinois et al., any other party from objecting to any request by the state of​ Illinois for additional basin water under the terms of said decree, or any party from seeking any other type​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.801​MINNESOTA STATUTES 2018​99​ of modification to said decree. If an application is made by any party to the Supreme Court of the United​ States to modify said decree, the parties to this compact who are also parties to the decree shall seek formal​ input from the Canadian provinces of Ontario and Quebec, with respect to the proposed modification, use​ best efforts to facilitate the appropriate participation of said provinces in the proceedings to modify the​ decree, and shall not unreasonably impede or restrict such participation.​ 3. With the exception of paragraph 5 of this section, because current, new, or increased withdrawals,​ consumptive uses, and diversions of basin water by the state of Illinois are not subject to the terms of this​ compact, the state of Illinois is prohibited from using any term of this compact, including Section 4.9, to​ seek new or increased withdrawals, consumptive uses, or diversions of basin water.​ 4. With the exception of paragraph 5 of this section, because Sections 4.3, 4.4, 4.5, 4.6, 4.7, 4.8, 4.9,​ 4.10, 4.11, 4.12 (paragraphs 1, 2, 3, 4, 6 and 10 only), and 4.13 of this compact all relate to current, new, or​ increased withdrawals, consumptive uses, and diversions of basin waters, said provisions do not apply to​ the state of Illinois. All other provisions of this compact not listed in the preceding sentence shall apply to​ the state of Illinois, including the water conservation programs provision of Section 4.2.​ 5. In the event of a proposal for a diversion of basin water for use outside the territorial boundaries of​ the parties to this compact, decisions by the state of Illinois regarding such a proposal would be subject to​ all terms of this compact, except paragraphs 1, 3 and 4 of this section.​ 6. For purposes of the state of Illinois' participation in this compact, the entirety of this Section 4.14 is​ necessary for the continued implementation of this compact and, if severed, this compact shall no longer be​ binding on or enforceable by or against the state of Illinois.​ Section 4.15. Assessment of cumulative impacts.​ 1. The parties in cooperation with the provinces shall collectively conduct within the basin, on a lake​ watershed and St. Lawrence River basin basis, a periodic assessment of the cumulative impacts of withdrawals,​ diversions, and consumptive uses from the waters of the basin, every five years or each time the incremental​ basin water losses reach 50 million gallons per day average in any 90-day period in excess of the quantity​ at the time of the most recent assessment, whichever comes first, or at the request of one or more of the​ parties. The assessment shall form the basis for a review of the standard of review and decision, council and​ party regulations and their application. This assessment shall:​ a. utilize the most current and appropriate guidelines for such a review, which may include but not be​ limited to Council on Environmental Quality and Environment Canada guidelines;​ b. give substantive consideration to climate change or other significant threats to basin waters and take​ into account the current state of scientific knowledge, or uncertainty, and appropriate measures to exercise​ caution in cases of uncertainty if serious damage may result; and​ c. consider adaptive management principles and approaches, recognizing, considering, and providing​ adjustments for the uncertainties in, and evolution of, science concerning the basin's water resources,​ watersheds and ecosystems, including potential changes to basin-wide processes, such as lake level cycles​ and climate.​ 2. The parties have the responsibility of conducting this cumulative impact assessment. Applicants are​ not required to participate in this assessment.​ 3. Unless required by other statutes, applicants are not required to conduct a separate cumulative impact​ assessment in connection with an application but shall submit information about the potential impacts of a​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 100​MINNESOTA STATUTES 2018​103G.801​ proposal to the quantity or quality of the waters and water dependent natural resources of the applicable​ source watershed. An applicant may, however, provide an analysis of how their proposal meets the no​ significant adverse cumulative impact provision of the standard of review and decision.​ ARTICLE 5​ TRIBAL CONSULTATION​ Section 5.1. Consultation with tribes.​ 1. In addition to all other opportunities to comment pursuant to Section 6.2, appropriate consultations​ shall occur with federally recognized tribes in the originating party for all proposals subject to council or​ regional review pursuant to this compact. Such consultations shall be organized in the manner suitable to​ the individual proposal and the laws and policies of the originating party.​ 2. All federally recognized tribes within the basin shall receive reasonable notice indicating that they​ have an opportunity to comment in writing to the council or the regional body, or both, and other relevant​ organizations on whether the proposal meets the requirements of the standard of review and decision when​ a proposal is subject to regional review or council approval. Any notice from the council shall inform the​ tribes of any meeting or hearing that is to be held under Section 6.2 and invite them to attend. The parties​ and the council shall consider the comments received under this section before approving, approving with​ modifications, or disapproving any proposal subject to council or regional review.​ 3. In addition to the specific consultation mechanisms described above, the council shall seek to establish​ mutually agreed-upon mechanisms or processes to facilitate dialogue with, and input from, federally​ recognized tribes on matters to be dealt with by the council; and, the council shall seek to establish mechanisms​ and processes with federally recognized tribes designed to facilitate ongoing scientific and technical interaction​ and data exchange regarding matters falling within the scope of this compact. This may include participation​ of tribal representatives on advisory committees established under this compact or such other processes that​ are mutually agreed upon with federally recognized tribes individually or through duly-authorized intertribal​ agencies or bodies.​ ARTICLE 6​ PUBLIC PARTICIPATION​ Section 6.1. Meetings, public hearings and records.​ 1. The parties recognize the importance and necessity of public participation in promoting management​ of the water resources of the basin. Consequently, all meetings of the council shall be open to the public,​ except with respect to issues of personnel.​ 2. The minutes of the council shall be a public record open to inspection at its offices during regular​ business hours.​ Section 6.2. Public participation.​ It is the intent of the council to conduct public participation processes concurrently and jointly with​ processes undertaken by the parties and through regional review. To ensure adequate public participation,​ each party or the council shall ensure procedures for the review of proposals subject to the standard of review​ and decision consistent with the following requirements:​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.801​MINNESOTA STATUTES 2018​101​ 1. Provide public notification of receipt of all applications and a reasonable opportunity for the public​ to submit comments before applications are acted upon.​ 2. Assure public accessibility to all documents relevant to an application, including public comment​ received.​ 3. Provide guidance on standards for determining whether to conduct a public meeting or hearing for​ an application, time and place of such a meeting(s) or hearing(s), and procedures for conducting of the same.​ 4. Provide the record of decision for public inspection including comments, objections, responses and​ approvals, approvals with conditions, and disapprovals.​ ARTICLE 7​ DISPUTE RESOLUTION AND ENFORCEMENT​ Section 7.1. Good faith implementation.​ Each of the parties pledges to support implementation of all provisions of this compact, and covenants​ that its officers and agencies shall not hinder, impair, or prevent any other party carrying out any provision​ of this compact.​ Section 7.2. Alternative dispute resolution.​ 1. Desiring that this compact be carried out in full, the parties agree that disputes between the parties​ regarding interpretation, application, and implementation of this compact shall be settled by alternative​ dispute resolution.​ 2. The council, in consultation with the provinces, shall provide by rule procedures for the resolution​ of disputes pursuant to this section.​ Section 7.3. Enforcement.​ 1. Any person aggrieved by any action taken by the council pursuant to the authorities contained in this​ compact shall be entitled to a hearing before the council. Any person aggrieved by a party action shall be​ entitled to a hearing pursuant to the relevant party's administrative procedures and laws. After exhaustion​ of such administrative remedies, (i) any aggrieved person shall have the right to judicial review of a council​ action in the United States District Courts for the District of Columbia or the district court in which the​ council maintains offices, provided such action is commenced within 90 days; and (ii) any aggrieved person​ shall have the right to judicial review of a party's action in the relevant party's court of competent jurisdiction,​ provided that an action or proceeding for such review is commenced within the time frames provided for​ by the party's law. For purposes of this paragraph, a state or province is deemed to be an aggrieved person​ with respect to any party action pursuant to this compact.​ 2. a. Any party or the council may initiate actions to compel compliance with the provisions of this​ compact, and the rules and regulations promulgated hereunder by the council. Jurisdiction over such actions​ is granted to the court of the relevant party, as well as the United States District Courts for the District of​ Columbia and the district court in which the council maintains offices. The remedies available to any such​ court shall include, but not be limited to, equitable relief and civil penalties.​ b. Each party may issue orders within its respective jurisdiction and may initiate actions to compel​ compliance with the provisions of its respective statutes and regulations adopted to implement the authorities​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 102​MINNESOTA STATUTES 2018​103G.801​ contemplated by this compact in accordance with the provisions of the laws adopted in each party's​ jurisdiction.​ 3. Any aggrieved person, party or the council may commence a civil action in the relevant party's courts​ and administrative systems to compel any person to comply with this compact should any such person,​ without approval having been given, undertake a new or increased withdrawal, consumptive use or diversion​ that is prohibited or subject to approval pursuant to this compact.​ a. No action under this subsection may be commenced if:​ i. the originating party or council approval for the new or increased withdrawal, consumptive use, or​ diversion has been granted; or​ ii. the originating party or council has found that the new or increased withdrawal, consumptive use, or​ diversion is not subject to approval pursuant to this compact.​ b. No action under this subsection may be commenced unless:​ i. a person commencing such action has first given 60 days prior notice to the originating party, the​ council and person alleged to be in noncompliance; and​ ii. neither the originating party nor the council has commenced and is diligently prosecuting appropriate​ enforcement actions to compel compliance with this compact.​ The available remedies shall include equitable relief, and the prevailing or substantially prevailing party​ may recover the costs of litigation, including reasonable attorney and expert witness fees, whenever the​ court determines that such an award is appropriate.​ 4. Each of the parties may adopt provisions providing additional enforcement mechanisms and remedies​ including equitable relief and civil penalties applicable within its jurisdiction to assist in the implementation​ of this compact.​ ARTICLE 8​ ADDITIONAL PROVISIONS​ Section 8.1. Effect on existing rights.​ 1. Nothing in this compact shall be construed to affect, limit, diminish or impair any rights validly​ established and existing as of the effective date of this compact under state or federal law governing the​ withdrawal of waters of the basin.​ 2. Nothing contained in this compact shall be construed as affecting or intending to affect or in any way​ to interfere with the law of the respective parties relating to common law water rights.​ 3. Nothing in this compact is intended to abrogate or derogate from treaty rights or rights held by any​ tribe recognized by the federal government of the United States based upon its status as a tribe recognized​ by the federal government of the United States.​ 4. An approval by a party or the council under this compact does not give any property rights, nor any​ exclusive privileges, nor shall it be construed to grant or confer any right, title, easement, or interest in, to​ or over any land belonging to or held in trust by a party; neither does it authorize any injury to private​ property or invasion of private rights, nor infringement of federal, state, or local laws or regulations; nor​ does it obviate the necessity of obtaining federal assent when necessary.​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.801​MINNESOTA STATUTES 2018​103​ Section 8.2. Relationship to agreements concluded by the United States of America.​ 1. Nothing in this compact is intended to provide nor shall be construed to provide, directly or indirectly,​ to any person any right, claim, or remedy under any treaty or international agreement, nor is it intended to​ derogate any right, claim, or remedy that already exists under any treaty or international agreement.​ 2. Nothing in this compact is intended to infringe nor shall be construed to infringe upon the treaty power​ of the United States of America, nor shall any term hereof be construed to alter or amend any treaty or term​ thereof that has been or may hereafter be executed by the United States of America.​ 3. Nothing in this compact is intended to affect nor shall be construed to affect the application of the​ Boundary Waters Treaty of 1909 whose requirements continue to apply in addition to the requirements of​ this compact.​ Section 8.3. Confidentiality.​ 1. Nothing in this compact requires a party to breach confidentiality obligations or requirements​ prohibiting disclosure, or to compromise security of commercially sensitive or proprietary information.​ 2. A party may take measures, including, but not limited to, deletion and redaction, deemed necessary​ to protect any confidential, proprietary, or commercially sensitive information when distributing information​ to other parties. The party shall summarize or paraphrase any such information in a manner sufficient for​ the council to exercise its authorities contained in this compact.​ Section 8.4. Additional laws.​ Nothing in this compact shall be construed to repeal, modify, or qualify the authority of any party to​ enact any legislation or enforce any additional conditions and restrictions regarding the management and​ regulation of waters within its jurisdiction.​ Section 8.5. Amendments and supplements.​ The provisions of this compact shall remain in full force and effect until amended by action of the​ governing bodies of the parties and consented to and approved by any other necessary authority in the same​ manner as this compact is required to be ratified to become effective.​ Section 8.6. Severability.​ Should a court of competent jurisdiction hold any part of this compact to be void or unenforceable, it​ shall be considered severable from those portions of the compact capable of continued implementation in​ the absence of the voided provisions. All other provisions capable of continued implementation shall continue​ in full force and effect.​ Section 8.7. Duration of compact and termination.​ Once effective, the compact shall continue in force and remain binding upon each and every party unless​ terminated.​ This compact may be terminated at any time by a majority vote of the parties. In the event of such​ termination, all rights established under it shall continue unimpaired.​ ARTICLE 9​ EFFECTUATION​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 104​MINNESOTA STATUTES 2018​103G.801​ Section 9.1. Repealer.​ All acts and parts of acts inconsistent with this act are to the extent of such inconsistency hereby repealed.​ Section 9.2. Effectuation by chief executive.​ The governor is authorized to take such action as may be necessary and proper in his or her discretion​ to effectuate the compact and the initial organization and operation thereunder.​ Section 9.3. Entire agreement.​ The parties consider this compact to be complete and an integral whole. Each provision of this compact​ is considered material to the entire compact, and failure to implement or adhere to any provision may be​ considered a material breach. Unless otherwise noted in this compact, any change or amendment made to​ the compact by any party in its implementing legislation or by the United States Congress when giving its​ consent to this compact is not considered effective unless concurred in by all parties.​ Section 9.4. Effective date and execution.​ This compact shall become binding and effective when ratified through concurring legislation by the​ states of Illinois, Indiana, Michigan, Minnesota, New York, Ohio and Wisconsin and the Commonwealth​ of Pennsylvania and consented to by the Congress of the United States. This compact shall be signed and​ sealed in nine identical original copies by the respective chief executives of the signatory parties. One such​ copy shall be filed with the secretary of state of each of the signatory parties or in accordance with the laws​ of the state in which the filing is made, and one copy shall be filed and retained in the archives of the council​ upon its organization. The signatures shall be affixed and attested under the following form:​ In witness whereof, and in evidence of the adoption and enactment into law of this compact by the​ legislatures of the signatory parties and consent by the Congress of the United States, the respective governors​ do hereby, in accordance with the authority conferred by law, sign this compact in nine duplicate original​ copies, attested by the respective secretaries of state, and have caused the seals of the respective states to be​ hereunto affixed this ....... day of (month), (year).​ History: 2007 c 2 s 1​ Copyright © 2018 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.​ 103G.801​MINNESOTA STATUTES 2018​105​