Minnesota Session Laws - 2009, Regular Session

CHAPTER 48--S.F.No. 640

An act

relating to waters; providing for temporary drawdown of public waters;

proposing coding for new law in Minnesota Statutes, chapter 103G.

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

Section 1.

new text begin [103G.408] TEMPORARY DRAWDOWN OF PUBLIC WATERS. new text end

new text begin (a) The commissioner, upon consideration of recommendations and objections as provided in clause (4) and paragraph (c), may issue a public waters work permit for the temporary drawdown of a public water when: new text end

new text begin (1) the permit applicant is a public entity; new text end

new text begin (2) the commissioner deems the project to be beneficial and makes findings of fact that the drawdown is in the public interest; new text end

new text begin (3) the permit applicant has obtained permission from at least 75 percent of the riparian landowners; and new text end

new text begin (4) the permit applicant has conducted a public hearing according to paragraph (d). new text end

new text begin (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. new text end

new text begin (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. new text end

new text begin (d) The hearing notice for a public hearing under paragraph (a), clause (4), must: new text end

new text begin (1) include the date, place, and time for the hearing; new text end

new text begin (2) include the waters affected and a description of the proposed project; new text end

new text begin (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 new text end

new text begin (4) be published in a newspaper of general circulation in the affected area. new text end

new text begin (e) This section does not apply to public waters that have been designated for wildlife management under section 97A.101. new text end

Presented to the governor May 5, 2009

Signed by the governor May 7, 2009, 4:28 p.m.