2006 Minnesota Statutes

103G.501 CONSTRUCTION OF PRIVATE DAMS ON NONNAVIGABLE WATERS.
    Subdivision 1. Procedure to acquire flowage rights. If a person desires to raise and extend
or erect and maintain a dam on the person's property across a stream or other watercourse that
is not navigable to create or improve a waterpower for milling or manufacturing purposes and
property owned by other persons will be overflowed or otherwise damaged, the person desiring
to erect or extend or raise the dam may acquire the right to do so by petitioning the court and
having damages ascertained and paid as prescribed in chapter 117.
    Subd. 2. Dam may not damage previous waterpower. A dam may not be erected, raised, or
maintained under this section that damages a waterpower previously developed.
    Subd. 3. Project and repair completion times. If the right to erect, raise, or extend a dam
is acquired under subdivision 1, the project must be started within one year, completed, and the
waterpower applied to the purpose stated in the petition within three years after the right to
erect, raise, or extend the dam is acquired. If a dam or the machinery connected with the dam
is destroyed, the rebuilding of the dam or machinery must be started and completed within the
same periods after the destruction.
    Subd. 4. Forfeiture. Failure to comply with subdivision 3 or failure to operate a mill or
machinery for one consecutive year after it is erected forfeits the rights acquired under subdivision
1 unless the owner is an infant, or is otherwise legally disabled, in which case the periods under
this section begin after the disability is removed.
History: 1990 c 391 art 7 s 43