Minnesota Session Laws - 1986, Regular Session

  

                         Laws of Minnesota 1986 

                        CHAPTER 424-H.F.No. 1793 
           An act relating to natural resources; authorizing 
          stocking of fish in certain streams where public 
          access is granted; regulating certain repairs to 
          drainage systems in Anoka county; amending Minnesota 
          Statutes 1984, section 97.485; and S.F. No. 1526, if 
          enacted. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 97.485, is 
amended to read: 
    97.485 [FISH STOCKING PROHIBITED WHERE PUBLIC DOES NOT HAVE 
ACCESS.] 
    The department of natural resources or any other state 
agency shall not stock, restock or plant fish in any waters to 
which the public is denied free access and use.  The 
commissioner may stock fish in any stream within privately owned 
lands where the public is granted free access to and use of the 
stream for fishing purposes. 
    Sec. 2.  [PASSAGE OF S.F. No. 1526.] 
    If S.F. No. 1526 is enacted in the 1986 legislative 
session, Minnesota Statutes 1984, section 97.485, as amended by 
section 1, is repealed and article 3, section 18 of S.F. No. 
1526 is amended to read: 
    Sec. 18.  [97C.201] [STATE FISH STOCKING PROHIBITED WITHOUT 
PUBLIC ACCESS.] 
    The commissioner and state agencies may only stock fish in 
waters where there is public access.  The commissioner may stock 
fish in any stream within privately owned lands where the public 
is granted free access to and use of the stream for fishing 
purposes. 
    Sec. 3.  [ANOKA COUNTY DRAINAGE.] 
    Subdivision 1.  [REPAIRS OVER $100,000 IN ANOKA COUNTY.] A 
repair under this chapter or chapter 112 of a drainage system 
located in Anoka county that costs more than $100,000 may not be 
started unless a petition is presented to the drainage authority 
or board of managers, signed by:  
    (1) 26 percent of the property owners affected by the 
repair; or 
    (2) owners of 26 percent of the property affected by the 
repair.  
    Subd. 2.  [PETITION TO PROCEED AS IMPROVEMENT.] A repair 
under this chapter or chapter 112 of a drainage system located 
in Anoka county must proceed as an improvement under section 
106A.215 if, before the contract for the repair is awarded, a 
petition requesting the repair to proceed as an improvement is 
presented to the drainage authority or board of managers and 
signed by: 
    (1) 20 percent of the property owners affected by the 
repair; or 
    (2) the owners of 20 percent of the property affected by 
the repair.  
    Subd. 3.  [REPAIR OF ANOKA COUNTY DITCH NO. 57.] 
Notwithstanding any other law to the contrary, a repair 
proceeding on Anoka county ditch No. 57 is stayed and may not be 
continued until August 1, 1986.  The repair proceeding must be 
dismissed and proceed as an improvement under section 106A.215 
if a petition requesting that the repair proceed as an 
improvement is presented to the Coon Creek watershed district 
managers by August 1, 1986, signed by:  
    (1) 10 percent of the property owners affected by the 
repair; or 
    (2) the owners of 10 percent of the property affected by 
the repair. 
    Approved March 24, 1986