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HF 3385

as introduced - 93rd Legislature (2023 - 2024) Posted on 04/24/2024 05:07pm

KEY: stricken = removed, old language.
underscored = added, new language.
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Bill Text Versions

Engrossments
Introduction Posted on 01/29/2024

Current Version - as introduced

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A bill for an act
 relating to water; modifying the definition of public waters; amending Minnesota
Statutes 2022, section 103G.005, subdivision 15.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2022, section 103G.005, subdivision 15, is amended to
read:


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 bynew text begin :
new text end

new text begin (1)new text end the proprietorship of the underlying, overlying, or surrounding land deleted text begin or bydeleted text end new text begin ;
new text end

new text begin (2)new text end 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 uniondeleted text begin .deleted text end new text begin ; or
new text end

new text begin (3) their inclusion in or exclusion from the public waters inventory required under section
103G.201.
 new text end