HF 1755

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/01/2021 04:10pm

A bill for an act
relating to water; allowing appeals of determinations of ordinary high-water levels;
amending Minnesota Statutes 2020, section 103G.401; proposing coding for new
law in Minnesota Statutes, chapter 103G.

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

Section 1.

Minnesota Statutes 2020, section 103G.401, is amended to read:

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.

new text begin (c) When establishing an ordinary high-water level, the commissioner must establish
the ordinary high-water level by order and provide written notice of the order to adjacent
landowners and the local units of government where the public water is located.
new text end

Sec. 2.

new text begin [103G.413] APPEAL OF ORDER ESTABLISHING ORDINARY
HIGH-WATER LEVEL.
new text end

new text begin Subdivision 1. new text end

new text begin Petition. new text end

new text begin A person or local unit of government affected by a
commissioner's order establishing an ordinary high-water level may file a petition for review
of the order. The petition must be filed within 60 days of the order and include reasons why
the order should be reviewed.
new text end

new text begin Subd. 2. new text end

new text begin Review. new text end

new text begin If a person or local unit of government files a petition under this section,
the commissioner must review the petition within 60 days of the request and make a final
decision. If the commissioner fails to make a final decision within 60 days of the request,
the order is void.
new text end

new text begin Subd. 3. new text end

new text begin Hearing. new text end

new text begin A person or local unit of government aggrieved by the final decision
of the commissioner may file a written request with the commissioner within 30 days for a
contested case hearing under chapter 14.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective retroactively from January 1, 2018.
new text end