SF 1464

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to water; modifying provisions relating to 
  1.3             certain water level control permits; amending 
  1.4             Minnesota Statutes 1994, section 103G.405. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1994, section 103G.405, is 
  1.7   amended to read: 
  1.8      103G.405 [WATER LEVEL CONTROL FOR LANDLOCKED LAKES.] 
  1.9      (a) Except as provided in paragraph (c), the commissioner 
  1.10  must issue a water level control permit to establish a control 
  1.11  elevations elevation for a landlocked lakes up to three feet 
  1.12  lake below the ordinary high water level for the lake if: 
  1.13     (1) the commissioner finds that: 
  1.14     (i) the control is necessary to prevent flooding of 
  1.15  homesteads adverse impacts to the lake or adjoining property; 
  1.16     (2) (ii) other reasonable or cost-effective alternatives 
  1.17  are not available; and 
  1.18     (3) a change in the control elevation is prescribed in an 
  1.19  approved stormwater plan under section 103B.235. 
  1.20     (iii) natural resource or hydrologic conditions exist in 
  1.21  the watershed that would limit the potential for continuous 
  1.22  discharge of excess waters from the lake; and 
  1.23     (2) the outlet and discharge of excess waters is addressed 
  1.24  in an approved water management plan under chapter 103B or 103D. 
  1.25     (b) In addition to the requirements in section 103G.301, 
  2.1   subdivision 6, if the proposed control elevation is more than 
  2.2   1-1/2 feet below the ordinary high water level, the permit 
  2.3   applicant shall serve a copy of the application on each county 
  2.4   and municipality within which any portion of the lake is located 
  2.5   and the lake improvement district, if one exists. 
  2.6      (c) The commissioner may not issue a permit to establish a 
  2.7   control elevation more than 1-1/2 feet below the ordinary high 
  2.8   water level of a lake if a county, municipality, watershed 
  2.9   district, or lake improvement district required to be served 
  2.10  under paragraph (b) or section 103G.301, subdivision 6, files a 
  2.11  written objection to the issuance of the permit with the 
  2.12  commissioner within 30 days after receiving a copy of the 
  2.13  application.