Minnesota Administrative Rules

6115.0271 SPECIFIC STANDARDS; DRAINAGE.

In addition to compliance with the general standards in part 6115.0270, subparts 2 to 4, specific requirements for drainage or drawdown activities shall be met as follows:

A.

the drainage or diversion of public waters for mining iron ore, taconite, copper, copper-nickel, or nickel shall be approved only when all of the provisions of Minnesota Statutes, section 103G.297 and part 6115.0280 have been met;

B.

the drainage or diversion of public waters for mining all other metallic and nonmetallic minerals shall be approved only when the public waters being drained are replaced by public waters that will have equal or greater public value, subject to provisions of part 6115.0280; and

C.

all other drainage or diversion of public waters allowed in part 6115.0270, subparts 2 to 4, shall be approved if all of the following specific criteria are met:

(1)

for public waterbasins and public water wetlands, permits shall be issued only to governmental agencies having the authority to undertake such projects. In addition, a public need for the partial drainage or temporary drawdown shall be established by specifying the public interests to be enhanced;

(2)

written consent for the partial drainage or temporary drawdown of public waterbasins and public water wetlands is obtained from all riparian owners;

(3)

partial drainage or temporary drawdown of public waterbasins and public water wetlands shall be approved only when the applicant has submitted data to confirm:

(a)

that the partial drainage will improve navigation or recreational uses;

(b)

that the partial drainage will improve or restore fish and wildlife habitat; or

(c)

that agricultural lands have been flooded due to artificial obstruction of downstream drainage or increased upstream discharge;

(4)

any proposed temporary drawdown shall not exceed two years in duration under normal climatic conditions;

(5)

there are no feasible and practical means to attain the intended purpose without drainage; and

(6)

the proposal adequately protects public safety and promotes the public welfare.

Statutory Authority:

MS s 103G.315; 105.415

History:

8 SR 533; 25 SR 143; 27 SR 529

Published Electronically:

June 11, 2008