Subdivision 1. Public purpose. The legislature finds that:
(1) the public health, safety, and welfare of the state is also promoted by the use of state waters to produce hydroelectric or hydromechanical power in a manner consistent with laws relating to dam construction, reconstruction, repair, and maintenance; and
(2) the leasing of existing dams and potential dam sites primarily for power generation is a valid public purpose.
Subd. 2. Leasing authority. A political subdivision, or the commissioner with the approval of the state executive council for state-owned dams, may provide by a lease or development agreement for the development and operation of dams, dam sites, and hydroelectric or hydromechanical power generation plants by an individual, a corporation, an organization, or other legal entity on terms and conditions in subdivision 5.
Subd. 3. Installations less than 15,000 kilowatts unused on January 1, 1984. If an installation of 15,000 kilowatts or less at a dam site and reservoir was unused on January 1, 1984, in connection with the production of hydroelectric or hydromechanical power, the lease or development agreement negotiated by the political subdivision and the developer constitutes full payment by the lessee and may be in lieu of all real or personal property taxes that might otherwise be due to a political subdivision.
Subd. 4. Municipality or town approval. If the dam, dam site, or power generation plant is located in or contiguous to a municipality or town, other than the lessor political subdivision, the lease or agreement is not effective unless it is approved by the governing body of the municipality or town.
Subd. 5. Contents of development agreement. (a) An agreement for the development or redevelopment of a hydropower site must contain provisions to assure the maximum financial return to the political subdivision or the commissioner.
(b) An agreement may contain:
(1) the period of the development agreement up to 99 years, subject to negotiations between the parties, and conditions for extension, modification, or termination;
(2) provisions for a performance bond on the developer or certification that the equipment and its installation have a design life at least as long as the lease; and
(3) provisions to assure adequate maintenance and safety in impoundment structures and access to recreational sites.
1990 c 391 art 7 s 50; 1994 c 643 s 52
Structure Minnesota Statutes
Chapter 103G — Waters Of The State
Section 103G.001 — Citation; Water Law.
Section 103G.005 — Definitions.
Section 103G.101 — Water Conservation Program.
Section 103G.105 — Cooperation With Other Agencies.
Section 103G.111 — Representing State In Water Issues.
Section 103G.115 — Enjoining Water-flow Interference Outside State.
Section 103G.121 — Commissioner's Authority To Investigate And Construct Projects.
Section 103G.125 — Director's Authority.
Section 103G.127 — Permit Program Under Section 404 Of Federal Clean Water Act.
Section 103G.131 — Venue Of Certain Actions.
Section 103G.135 — Enforcing Commissioner's Orders.
Section 103G.145 — Application.
Section 103G.201 — Public Waters Inventory.
Section 103G.205 — Effect Of Public Waters Designation.
Section 103G.211 — Draining Public Waters Prohibited Without Replacement.
Section 103G.215 — Agricultural Use Of Public Waters During Drought.
Section 103G.217 — Driftless Area; Water Resources.
Section 103G.221 — Draining Public Waters Wetlands.
Section 103G.2212 — Contractor's Responsibility When Work Drains Or Fills Wetlands.
Section 103G.222 — Replacement Of Wetlands.
Section 103G.223 — Calcareous Fens.
Section 103G.2241 — Exemptions.
Section 103G.2242 — Wetland Value Replacement Plans.
Section 103G.2243 — Local Comprehensive Wetland Protection And Management Plans.
Section 103G.2244 — Wetland Creation Or Restoration Within Pipeline Easement.
Section 103G.225 — State Wetlands And Public Drainage Systems.
Section 103G.2251 — State Conservation Easements; Wetland Bank Credit.
Section 103G.231 — Property Owner's Use Of Public Waters Wetlands.
Section 103G.235 — Restrictions On Access To Wetlands.
Section 103G.2364 — Property Owner's Use Of Wetlands.
Section 103G.2365 — Controlling Noxious Weeds.
Section 103G.237 — Compensation For Loss Of Private Use.
Section 103G.2372 — Enforcement.
Section 103G.2374 — Electronic Transmission.
Section 103G.2375 — Assumption Of Section 404 Of Federal Clean Water Act.
Section 103G.241 — Contractor's Responsibility When Work Affects Public Waters.
Section 103G.245 — Work In Public Waters.
Section 103G.251 — Investigating Activities Affecting Waters Of The State.
Section 103G.255 — Allocating And Controlling Waters Of The State.
Section 103G.261 — Water Allocation Priorities.
Section 103G.265 — Water Supply; Management.
Section 103G.27 — Water Management Account.
Section 103G.271 — Appropriation And Use Of Waters.
Section 103G.275 — Installation For Water Use.
Section 103G.281 — Water Use Prohibited Without Measuring Quantities.
Section 103G.282 — Monitoring To Evaluate Impacts From Appropriations.
Section 103G.285 — Surface Water Appropriations.
Section 103G.287 — Groundwater Appropriations.
Section 103G.289 — Well Interference; Well Sealing.
Section 103G.291 — Public Water Supply Plans; Appropriation During Deficiency.
Section 103G.293 — Statewide Drought Plan.
Section 103G.297 — Diverting Or Draining Water For Mining.
Section 103G.298 — Landscape Irrigation Systems.
Section 103G.299 — Administrative Penalties.
Section 103G.301 — General Permit; Application Procedures.
Section 103G.305 — Time Limit To Act On Water-use Permit Application.
Section 103G.311 — Permit Hearing.
Section 103G.315 — Denying And Issuing Permits.
Section 103G.401 — Application To Establish Lake Levels.
Section 103G.405 — Water Level Control For Landlocked Lakes.
Section 103G.407 — Water Level Control For Public Waters With Outlet.
Section 103G.408 — Temporary Drawdown Of Public Waters.
Section 103G.411 — Stipulation Of Low-water Mark.
Section 103G.412 — Stream Gauge Data.
Section 103G.413 — Appeal Of Order Establishing Ordinary High-water Level.
Section 103G.415 — Big Stone Lake; Seasonal Water Level.
Section 103G.421 — Control Of Mississippi Headwater Lakes.
Section 103G.501 — Constructing Private Dams On Nonnavigable Waters.
Section 103G.505 — Dam Construction And Maintenance By State.
Section 103G.511 — Publicly Owned Dam Repair.
Section 103G.515 — Examining And Repairing Dams And Reservoirs.
Section 103G.521 — Transfer Of Authority Over State Dams.
Section 103G.525 — Limitations On Transferring Dam Ownership.
Section 103G.531 — Dam Permit Exceptions.
Section 103G.535 — Hydropower Generation.
Section 103G.541 — Municipal Dams On Red River Of The North.
Section 103G.545 — Dams And Water Level Control In Cook, Lake, And St. Louis Counties.
Section 103G.551 — Dams Used Only For Water Level Regulation.
Section 103G.555 — Statute Of Limitations For Actions Against Public Officials.
Section 103G.565 — Right To Overflow, Obstruct, Or Impair Highways Granted By Governing Body.
Section 103G.571 — Bank Repair On Property Where Overflow Rights Are Acquired.
Section 103G.575 — Grant Of Flowage Easements In Upper Red Lake Region.
Section 103G.601 — Ice-cutting Fences And Guards.
Section 103G.605 — Deicing Water Bodies.
Section 103G.611 — Water Aeration Safety.
Section 103G.615 — Permits To Harvest Or Destroy Aquatic Plants.
Section 103G.621 — County Weed And Algae Destruction And Removal.
Section 103G.625 — Municipal Control Of Aquatic Vegetation And Organisms.
Section 103G.651 — Removing Sunken Logs From Public Waters.
Section 103G.701 — Stream Maintenance Program.
Section 103G.711 — State's Ownership Of Bed Of Navigable River.
Section 103G.801 — Great Lakes -- St. Lawrence River Basin Water Resources Compact.