2005 Minnesota Statutes

     103E.227 Impounding and diversion of drainage system 
  waters. 

    Subdivision 1.    Petition.  (a) To conserve and make 
 more adequate use of our water resources, a person, public or 
 municipal corporation, governmental subdivision, the state or a 
 department or agency of the state, the commissioner of natural 
 resources, and the United States or any of its agencies, may 
 petition for the installation of dams or other control works in 
 drainage ditch systems to impound or divert waters for 
 beneficial use.  The petition must be directed to the drainage 
 authority where the drainage system is located. 

    (b) The petition must contain the location of the 
 installation, plans, and specifications for the proposed 
 structure and a map of the areas likely to be affected by the 
 impoundment or diversion. 

    (c) The petitioner shall agree to be responsible for the 
 cost of installation and construction of the structure.  

    (d) The petition must also be accompanied by a public 
 waters work permit or a water use permit from the commissioner 
 of natural resources if required under chapter 103G.  

    Subd. 2.    Bond.  (a) Upon filing the petition, the 
 petitioners shall file a bond as provided in section 103E.202. 

    (b) A bond is not required if the petition is filed by the 
 state, a state agency or department, the commissioner of natural 
 resources, the United States or any of its agencies, or a 
 municipality.  

    Subd. 3.    Procedure to establish project.  (a) After 
 receiving the petition, bond, and permit, if required, the 
 drainage authority must appoint an engineer to investigate the 
 effect of the proposed installation and file a report of 
 findings.  

    (b) After filing of the engineer's report, notice must be 
 given and a public hearing held as provided in section 103E.261. 

    (c) If from the hearing it appears from the engineer's 
 report and other evidence presented that the installation will 
 be of a public or private benefit and that it will not impair 
 the utility of the ditch or deprive affected land owners of its 
 benefit, the drainage authority shall make an order modifying 
 the drainage system and issue a permit authorizing its 
 installation.  

    Subd. 4.    Flowage easements required.  Before 
 installing or constructing an impoundment or diversion, the 
 petitioner shall obtain rights-of-way and flowage easements from 
 owners of land to be affected by it.  

    Subd. 5.    Assessment of maintenance and repair costs.  
 The order of the drainage authority modifying the drainage 
 system must provide that construction and later maintenance and 
 repairs of the drainage system modification and installation 
 must be done by the petitioner without assessment of the cost to 
 the property owners previously within the drainage system.  

    HIST: 1990 c 391 art 5 s 32