Subdivision 1. Policy. To conserve and use water resources of the state in the best interests of its people, and to promote the public health, safety, and welfare, it is the policy of the state that:
(1) subject to existing rights, public waters are subject to the control of the state;
(2) the state, to the extent provided by law, shall control the appropriation and use of waters of the state; and
(3) the state shall control and supervise activity that changes or will change the course, current, or cross section of public waters, including the construction, reconstruction, repair, removal, abandonment, alteration, or the transfer of ownership of dams, reservoirs, control structures, and waterway obstructions in public waters.
Subd. 2. Wetlands findings; public interest. (a) Wetlands identified in the state under section 103G.005, subdivision 19, do not:
(1) grant the public additional or greater right of access to the wetlands;
(2) diminish the right of ownership or usage of the beds underlying the wetlands, except as otherwise provided by law;
(3) affect state law forbidding trespass on private lands; and
(4) require the commissioner to acquire access to the wetlands.
(b) The legislature finds that the wetlands of Minnesota provide public value by conserving surface waters, maintaining and improving water quality, preserving wildlife habitat, providing recreational opportunities, reducing runoff, providing for floodwater retention, reducing stream sedimentation, contributing to improved subsurface moisture, helping moderate climatic change, and enhancing the natural beauty of the landscape, and are important to comprehensive water management, and that it is in the public interest to:
(1) achieve no net loss in the quantity, quality, and biological diversity of Minnesota's existing wetlands;
(2) increase the quantity, quality, and biological diversity of Minnesota's wetlands by restoring or enhancing diminished or drained wetlands;
(3) avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and biological diversity of wetlands; and
(4) replace wetland values where avoidance of activity is not feasible and prudent.
1990 c 391 art 1 s 2; 1991 c 354 art 1 s 2
Structure Minnesota Statutes
Chapter 103A — Water Policy And Information
Section 103A.001 — Citation; Water Law.
Section 103A.201 — Regulatory Policy.
Section 103A.202 — Wetland Policy.
Section 103A.203 — Hydropower Policy.
Section 103A.204 — Groundwater Policy.
Section 103A.205 — Conservation Policy For Rainwater.
Section 103A.206 — Soil And Water Conservation Policy.
Section 103A.207 — Floodplain Management Policy.
Section 103A.208 — Scenic River Protection Policy.
Section 103A.209 — Marginal, Erodible Land Retirement Policy.
Section 103A.211 — Water Law Policy.
Section 103A.212 — Watershed Management Policy.
Section 103A.301 — Definitions.
Section 103A.305 — Jurisdiction.
Section 103A.311 — Petition For Intervention.
Section 103A.315 — Court Referrals.
Section 103A.321 — Petition Abates Proceeding Until Board Acts.
Section 103A.325 — Board Decision To Intervene.
Section 103A.331 — Hearing And Determination.
Section 103A.335 — Filing, Notice, And Procedure.
Section 103A.341 — Findings By Board.
Section 103A.401 — Statewide Water Information System.
Section 103A.403 — Statewide Nitrate Data.
Section 103A.405 — Director's Approval For Federal Water Data Agreements.
Section 103A.411 — Pumping Test And Data Acquisition; Training Programs.