Water Instituions Appendices

Transcription

Source: International Joint Commission (IJC) website (www.ijc.org); original source:
Environmental and Energy Research Center (EERC), University of North Dakota.
Inventory Team Report APPENDICES
October 2000
APPENDIX A: U.S. Federal Western Water Resources Development and Use
73
APPENDIX B: United States Federal Regulations
91
APPENDIX C: Minnesota Surface and Ground Water Programs
97
APPENDIX D: Minnesota Databases
109
APPENDIX E: Minnesota Water Laws and Regulations
125
APPENDIX F: South Dakota DENR Databases
130
APPENDIX G: Summary of South Dakota Water Laws and Rules
135
APPENDIX H: North Dakota Water Resource Programs
143
APPENDIX I: Water Related Laws and Regulations With Reference to North Dakota Century
Code
150
APPENDIX J: Canada and Manitoba Water Resources Programs
187
APPENDIX K: Canada and Manitoba Primary Databases
208
APPENDIX L: Canadian Federal Water Regulations
230
APPENDIX M: Canadian Federal/Provincial Agreement
234
APPENDIX N: Manitoba Water Related Laws and Regulations
236
APPENDIX O: Towns and Cities Located in the Red River Basin
241
APPENDIX P: Institutional Task Force Members
244
2
APPENDIX A: U.S. Federal Western Water Resources Development and Use
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
APPENDIX B: United States Federal Regulations
91
United States Federal Regulations
NEPA (National Environmental Policy Act of 1969)- The purposes of this act are to:
establish/encourage a more balanced and healthy relationship between man and the environment;
to encourage activities which will prevent or even eliminate activities that are harmful both to the
environment and biosphere; to encourage a public understanding of the importance of our natural
resources; and to establish a Council of Environmental Quality.
Projects requiring federal involvement must comply with environmental review to identify
impacts on the environment.
Clean Water Act- An amendment to the Federal Water Pollution Control Act of 1972. (The
Federal Water Pollution Control Act of 1972 provided the basic standards for the regulation of
pollutant discharges into the waters of the United States.)
The CWA allows the EPA to set effluent standards for the discharge of contaminants into the
surface waters of the United States. Furthermore, it makes it illegal to discharge (from a point
source) any pollutant into navigable waters unless those releasing the pollutant have obtained a
permit (NPDES) under the CWA.
Clean Air Act-The Clean Air Act regulates the emissions from area, stationary, and mobile
sources. This law promotes the development of National Ambient Air Quality Standards
(NAAQS) which are established by the EPA. In fact, the setting of NAAQS in each of the fifty
states was the primary objective of this act.
In 1990 a number of amendments were made to the Clean Air Act in order to address
environmental issues which had been insufficiently addressed such as acid rain, ground-level
ozone, stratospheric ozone depletion, and air toxins.
Resource Conservation and Recovery Act-This act gives the EPA the ability to control
hazardous wastes from the “cradle to grave.” This allows the EPA to oversee all aspects of
hazardous waste including generation, transport, treatment, storage, and ultimately disposal.
The 1984 amendments to the RCRA which deal with the phasing out of land disposal of
hazardous wastes are the Federal Hazardous and Solid Waste Amendments (HSWA).
Safe Drinking Water Act-This act was developed to specifically protect, improve, and maintain
quality drinking water in the United States. This act takes into account all sources of water that
can potentially be used for drinking water purposes. This would include sources of water both
above and below ground.
92
The Safe Drinking Water Act also imposes strict standards by which public sources of drinking
water supply their water.
Oil Pollution Act of 1990- This act enables the EPA to more efficiently respond and prevent oil
spills. The Oil Pollution Act also set up a trust which provides funds in the event of an oil spill
where the responsible party is either financially unable or simply refuses to incur any clean-up
costs.
The Oil Pollution Act also requires petroleum storage facilities and transport vessels to outline
how they would respond to a catastrophic spill event.
Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)This act was enacted by congress in 1980 and is commonly known as Superfund. CERCLA
created a tax which is imposed on the chemical and petroleum industries and gives the Federal
government more authority when dealing with unintentional/unlawful releases of hazardous
wastes. The funds collected from this tax have been put into a trust fund which finances
hazardous waste clean-up efforts.
Superfund Amendments and Reauthorization Act (SARA)-SARA amended CERCLA in
1986. After the EPA had been administering CERCLA for six years, it became apparent that a
number of modifications to the original act were needed. SARA: emphasized the importance of
long term solutions and treatments of hazardous wastes; required that future Superfund actions
take into account other State and Federal Environmental regulations and standards; increased the
involvement of States; stressed the importance of recognizing threats to human health that may
result from careless use of hazardous waste; encouraged the general public to become more
involved in decisions regarding the disposal of hazardous wastes; and increased the size of the
fund to $8.5 billion.
Emergency Planning and Community Right-to-Know Act-The EPCRA was created to assist
communities in protecting public health, safety, and the environment from chemical hazards.
In order to implement the EPCRA, communities are required to appoint a State Emergency
Response Commission (SERC) which in turn separate their state into more localized divisions
which are called Local Emergency Planning Committees (LEPC).
Endangered Species Act-The Endangered Species Act promotes the conservation of endangered
plants and animals as well as the habitats in which these species are found. The U.S. Fish and
Wildlife Service maintains a list of endangered plants and animals.
Under the provisions of this act it is unlawful to participate in the “taking” of any of the listed
endangered species. It is also unlawful to adversely manipulate the habitat of an endangered
species in addition to the import, export, interstate, and foreign commerce of listed species.
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Federal Insecticide, Fungicide, and Rodenticide Act-FIFRA was primarily developed to give
the EPA greater control over the sale and use of pesticides. Later amendments to the bill
required that all pesticides used in the United States be registered and that all persons involved in
their application be certified. By requiring the registration of pesticides, the EPA can better
determine the potential environmental risks posed by these chemicals.
Federal Food, Drug, and Cosmetic Act-The Federal Food, Drug, and Cosmetic Act outlines
the maximum allowable pesticide residue levels in foods produced using these chemicals. These
tolerances are enforced by the Food and Drug Administration.
Toxic Substance Control Act-Congress developed the TSCA to give the EPA a more reliable
way of tracking some 75,000 industrial chemicals used in the United States. The EPA keeps
close track of those chemicals which pose environmental risks, and retain the ability to ban the
use/import of potentially harmful chemicals as they deem necessary.
The Food Quality Protection Act-The Food Quality Protection Act was strongly supported in
1996 by a broad coalition of public health, environmental, industrial, and agricultural groups.
The FQPA was an amendment to two previous acts, the Federal Insecticide, Fungicide, and
Rodenticide act, and the Federal Food, Drug, and Cosmetic Act. The newly developed FQPA:
set single standards for pesticides used in the production of foods; provided greater protection for
infants and children; encourages the approval of safe pesticides; and called for frequent reevaluation of pesticide safety and tolerance levels.
National Historic Preservation Act: The National Historic Preservation Act protects and
preserves historic and cultural environmental attributes.
Wild and Scenic River Act-In the late 1960’s, it became apparent that a number of the rivers
within the United States were being either dammed, dredged, diked, diverted, and degraded at an
alarming rate. In response, congress developed the Wild and Scenic River Act which designated
a number of rivers, which were felt to have outstanding characteristics, to be left in their original
free-flowing condition.
This act protects designated rivers from most development (including Federally licensed dams
and diversions) on publicly held lands. However, development on private land along the
corridors of these protected river segments is still permitted.
Rivers and Harbors Act-This act prohibits the construction of any structure that will influence
or adversely affect the navigation or flow of any US waterway. Any construction, modification,
94
or improvements to rivers or navigable waterways must first be approved by the Department of
the Army.
Fish and Wildlife Coordination Act-This act requires that the Secretaries of Agriculture work
with State and Federal agencies to “protect, rear, stock, and increase” quantities of game. Also,
the FWCA required studies of sewage, trade wastes, and other polluting substances to see how
they influence or adversely affect wildlife.
A later amendment required consultation with the Fish and Wildlife service before the
construction or modification of any stream or river structure (under Federal permit or license)
that may influence wildlife numbers in the affected areas.
Floodplain Management Executive Order 11988-Prior to the development of Executive Order
11988, studies had concluded that the number of losses throughout the US from flood damages
were steadily increasing despite increased funding and construction of flood control devises.
Previous studies further concluded that non-structural, in addition to structural mitigation efforts
would be needed to more effectively deal with flood hazards.
Executive Order 11988 directed Federal agencies to make efforts toward reducing flood damages
through mitigation efforts when avoidance was not permissible. EO 11988 also outlined a
mandatory cooperation between the WRC, Council on Environmental Quality, and the Federal
Insurance Administration. This cooperation effort was encouraged to improve procedure
development within these agencies.
1996 Farm Bill-The 1996 Farm Bill includes a number of conservation related provisions. In
addition, the 1996 Farm Bill attempts to simplify existing programs, and encourages higher
standards for protecting the environment. Some of the key environmentally related provisions in
the 1996 Farm Bill are:
•
•
•
•
•
•
•
•
An improved Environmental Quality Incentives Program which promotes cost sharing for
conservation practices.
Extensions to the Wetlands Reserve Program and the Conservation Reserve Program.
A new Farmland Protection Program.
Modifications to the Swampbuster and wetlands provisions to make it easier for farmers
to meet their requirements.
The new Wildlife Habitat Incentives Program which encourages landowners to develop
wildlife habitat on their properties.
Modifications to conservation compliance which now will give landowners one year to
meet requirements if they are found in violation of current standards.
A Flood Risk Reduction Program which encourages farmers to no longer farm land
parcels that have had historical flood problems.
An amendment to the Emergency Watershed Protection Program which allows the
purchase of floodplain easements
95
•
•
The formation of the National Natural Resources Conservation Foundation which is a
nonprofit organization designed to conduct research related to conservation.
Changes to the definition of agricultural land under the Wetlands Memorandum of
Agreement. The new definition includes not only cropland and pasture land, but also
rangeland, native pastureland, and any other land used in the production of livestock.
96
APPENDIX C: Minnesota Surface and Ground Water Programs
97
Minnesota Water Resource Program
TOPIC
PROGRAM OR FUNCTION DESCRIPTION
DEPARTMENT/ STATUTE
AGENCY
103B.451
South
DakotaMinnesota
boundary
waters
commission
An interstate commission known as the South
Dakota-Minnesota boundary waters
commission is established. The commission
shall have power and authority: (1) to
investigate and determine the most desirable
and beneficial levels of boundary waters
artificially controlled and to prescribe a plan
for controlling and regulating water levels.
Removal of
rough fish
from
boundary
waters.
Environmental Trust
Fund
Authorizes commissioner to enter into multistate agreements relating to the removal of
rough fish in boundary waters.
Natural
Resources
97C.045
Establishes the environmental trust fund for
wise stewardship of the state’s environment
and natural resources for the benefit of current
citizens and future generations.
Authorizes to apply for, accept, receive and
disburse federal funds and private funds
which are granted to the state of Minnesota
from the Federal Land and Water Fund Act.
Legislative
Commission on
Minnesota
Resources
116P.01
Water
regulatory
policy
Establishes policy to conserve and use water
resources of the state by controlling the public
waters; controlling the appropriation and use
of waters of the state; and controlling any
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.
Natural
Resources
103A.201
Water
conservation
program
The commissioner shall develop a water
resources conservation program, which must
include conservation, allocation, and
development of waters of the state for the best
interests of the people.
It is the policy of this state, which is blessed
with an abundance of water, to promote its full
Natural
Resources
103G.101
Federal land
and water
fund
Water use
policy.
98
86.71
86B.001
use and enjoyment by all of the people, now
and in the future, to promote safety for persons
and property in connection with the use of the
waters of the state, to promote uniformity of
laws relating to the use, and to conform with
use requirements of the United States.
Public waters Authorizes the commissioner to prepare a
inventory
public waters inventory map of each county
and file each county’s public waters inventory
map with the auditor of the county.
Manage(a) If groundwater pollution is detected, a state
ment of
agency or political subdivision that regulates
pollutants
an activity causing or potentially causing a
where
contribution to the pollution identified shall
ground water promote implementation of best management
is polluted.
practices to prevent or minimize the source of
pollution to the extent practicable.
Natural
Resources
103G.201
Various
103H.275
Evaluation of
detection of
pollutants
Water
allocation
Establishes practices to evaluate the detection
of pollutants in groundwater of the state.
Agriculture;
103H.251
Pollution Control
Authorizes the commissioner to administer the
use, allocation, and control of waters of the
state; establish, maintain, and control levels of
lakes and water storage reservoirs; and
determine the ordinary high water level of
waters.
Natural
Resources
103G.255
Water
allocation
priorities
Authorizes the commissioner to adopt rules for
allocation of waters based on five priorities:
domestic water supply and use for power
production; consumption of less than 10,000
gallons of water per day; agricultural
irrigation, and processing of agricultural
products involving consumption in excess of
10,000 gallons per day; power production in
excess of the use, and uses, other than
agricultural irrigation, processing of
agricultural products, and power production,
involving consumption in excess of 10,000
gallons per day; and nonessential uses.
Discourages diversions of water from the state
for use in other states or regions of the United
States or Canada.
Authorizes the commissioner to develop and
manage water resources to assure an adequate
Natural
Resources
103G.261
Natural
Resources
103G.265
Water supply
management
99
Appropriation and use
of waters
Surface
water
appropriations
Irrigation of
agricul-tural
land
Powers and
duties of
pollution
control
agency
Waste
manage-ment
policy
Duty to
notify and
avoid
pollution
Prevent
water
supply to meet long-range seasonal
requirements for domestic, municipal,
industrial, agricultural, fish and wildlife,
recreational, power, navigation, and quality
control purposes from waters of the state.
Requires a permit from the commissioner to
appropriate or use waters of the state without a
water use permit from the commissioner.
Natural
Resources
103G.271
Limits appropriation of water from natural and
altered natural watercourses to protect low
flows.
Natural
Resources
103G.285
Defines use of groundwater for irrigation of
agricultural land.
Natural
Resources
103G.295
Establishes powers and duties of pollution
control agency :To prevent pollution of waters
of the state; including enforcement, research,
treatment, classification of waters; regulating
all discharges to waters of the state consistent
with and subject to the provisions of section
306(d) of the Amendments of 1972 to the
Federal Water Pollution Control Act.
Authorizes agency to improve waste
management by reduction, separation and
recovery of materials; reduction in
indiscriminate dependence on disposal of
waste; coordination of solid waste
management among political subdivisions; and
orderly and deliberate development and
financial security of waste facilities.
It is the duty of every person to notify the
agency immediately of the discharge,
accidental or otherwise, of any substance or
material under its control which, if not
recovered, may cause pollution of waters of
the state, and the responsible person shall
recover as rapidly and as thoroughly as
possible such substance or material and take
immediately such other action as may be
reasonably possible to minimize or abate
pollution of waters of the state caused thereby.
Establishes state policy to provide for the
prevention, control, and abatement of pollution
Pollution Control 115.03
100
Pollution Control 115A.02
pollution
Classification of
waters
Clean water
partnership
program
established
of all waters of the state, so far as feasible and
practical, in furtherance of conservation of
such waters and protection of the public health
and in furtherance of the development of the
economic welfare of the state.by: (a)
preventing any new pollution; and (b) abating
pollution existing..
Classifies waters of the state and establishes
water quality standards.
.A clean water partnership program is
established As a basis for the program, the
agency and the metropolitan council shall
conduct an assessment of waters The agency
shall then provide financial and technical
assistance to local units of government for
projects in geographical areas that contribute
to surface or ground water flows. The
projects shall provide for protection and
improvement of surface and ground water
from nonpoint sources of water pollution.
Establishes state policy to prevent toxic
pollution by preventing toxic pollution are
techniques and processes that are implemented
at the source and that minimize the transfer of
toxic pollutants from one environmental
medium to another.
Pollution Control 103F.715
Point source
pollution –
UST
program
Authorizes agency to adopt rules applicable to
all owners and operators of underground
storage tanks.
Waste and
waste
facilities
training and
certification.
Authorizes agency to develop standards of
competence for persons operating and
inspecting various classes of disposal facilities.
The agency shall require operators and
inspectors of such facilities to obtain from the
agency a certificate of competence.
Sanitary
districts
A sanitary district may be created for the
purpose of promoting the public health and
welfare by providing an adequate and efficient
system and means of collecting, conveying,
pumping, treating and disposing of domestic
Toxic
pollution
prevention
policy
101
Pollution Control 115D.02
Establishment of
storm sewer
tax
district
Powers and
duties of
commissioner
of health
Pollution of
Water
Towns;
powers, right
of eminent
domain.
Independent
wastewater
treatment
grants
Water
pollution
control
revolving
fund.
Drinking
water
revolving
fund
sewage and garbage and industrial wastes.
The governing body of a municipality may by
ordinance adopted by a two-thirds vote of all
of its members, establish within its territorial
limits a storm sewer improvement tax district.
444.17.
The commissioner shall regulate drillings and
operation of wells, well borings, etc.
Health
103I.101.
Authorizes commissioner to prevent pollution
from draining to ground water or surface
water.
For the purpose of designing, planning,
improving, and constructing a wastewater
treatment system, any town may exercise the
right of eminent domain to acquire private
property within or without the limits of the
town for the purpose of carrying out the
authority provided .
The authority shall award independent state
grants to municipalities selected by the
pollution control agency upon certification.
Health
144.35
Health
444.26
The authority shall establish a water pollution
control revolving fund.
Pollution Control 446A.07
The authority shall establish a drinking water
revolving fund to provide loans and other
forms of financial assistance authorized by the
act, as determined by the authority under the
rules adopted.
Health
446A.081.
Natural
Resources
103G.505
Natural
103G.511
Dam
construction
and maintenance
Authorizes the commissioner to construct,
maintain, and operate dikes, dams, and other
structures necessary to maintain uniform water
levels established under this chapter to
improve navigation, protect and improve
domestic water supply, protect and preserve
fish and other wildlife, protect the public
interest in the shore and shorelines of public
waters, and promote public health.
Dams & Dam Authorizes commissioner to develop program
102
Pollution Control 446A.06.
Safety
to guide permit issuance and dams.
Drainage
Establishes guidance and permit authority for
local drainage authority.
Establishes
policy to
create water
user districts
Statewide
drought plan
Emergency
Flood
Response
Floodplain
manage-ment
policy
Degradation
prevention
goal
Groundwater policy.
Hydro-power
Pollutants in
waters
Resources
Board of Water
and Soil
Resources
Conservation of the state's water resources is a Board of Water
state function, and the public interest, welfare, and Soil
convenience, and necessity require the creation Resources
of water user districts and the construction of
systems of works, in the manner provided, for
the conservation, storage, distribution, and use
of water. The construction of systems of
works by districts, as provided, is hereby
declared to be in all respects for the welfare
and benefit of the people of Minnesota.
Authorizes commissioner to establish and
Natural
implement a statewide drought response plan.
Resources
Authorizes local units of government to
Emergency
declare flood emergencies and perform work
Management
to respond to the emergency.
Establishes policies of the state regarding
Natural
floodplain management,.
Resources
It is the goal of the state that groundwater be
maintained in its natural condition, free from
any degradation caused by human activities.
The agency shall conduct an assessment of
waters of the state that have been polluted by
nonpoint sources and of geographical areas
with waters of the state that have a high
potential for water pollution caused by
nonpoint sources.
Establishes the responsibilities of various
boards and agencies for the protection of
groundwater (1) environmental quality board:
(2) pollution control agency: (3) department of
agriculture: (4) board of water and soil
resources: (5) department of natural resources:
(6) department of health.
Establishes policies of the state regarding
production of hydroelectric or
hydromechanical power
Prohibits disposal of pollutants in state waters
that are harmful to wildlife.
103
103E.011
110A.01
103G.293
103B.252
103A.207
Pollution Control 103H.001
Various
103A.204
Natural
Resources
103A.203
Natural
Resources
97C.065.
Nonpoint
source
pollution
control plan
Authorizes the agency to develop a state plan
for the control of nonpoint source water
pollution to meet the requirements of the
federal Clean Water Act; and to work with
other agencies to accomplish the purposes and
objectives of the state nonpoint source
pollution control plan; and evaluate the
effectiveness of programs in achieving water
quality goals and recommend to the
legislature, any necessary amendments.
Authorizes commissioner to develop and
publish guidelines to assist counties opting
water surface use ordinances for waters within
their jurisdiction.
Pollution Control 103F.751
Natural
Resources
86B.205
Shoreland
protection
Shoreland
manage-ment
grants
Authorizes the commissioner to develop rules
guiding use of shorelands.
Authorizes the commissioner to make grants to
local governments to administer, monitor, and
enforce state approved shoreland management
ordinances.
Natural
Resources
Natural
Resources
103F.201
Stream
protection
and improvement loan
program
Erosion
control plan
for development
activities
A political subdivision may apply to the
commissioner on forms provided by the
commissioner for a loan for up to 90 percent of
the total local cost of a project to protect or
improve a stream.
A person engaged in a development activity
that will disturb over one acre of land must
submit a sedimentation control plan and time
schedule that will prevent excessive soil loss to
the local government having jurisdiction over
the land before the development activity is to
begin.
Encourages units of local government to adopt
a soil loss ordinance, using federal guide to
determine the soil loss limits, attainable by the
best practicable soil conservation practice.
Establishes policy of the state to conserve soil
and water resources through the
implementation of practices that effectively
reduce or prevent erosion, sedimentation,
siltation and agriculturally related pollution.
Authorizes board to establish a conservation
reserve program; selection of land for the
conservation reserve program must be based
Natural
Resources
103G.705.
Natural
Resources
103F.441
Water
surface use
ordinance
Soil loss
ordinances
Soil and
water
conservation policy
Conservation reserve
program
104
84.975.
103F.405
Water and Soil
Resources
103A.206
Water and Soil
Resources,
Natural
103F.515
on its potential for fish and wildlife
production, reducing erosion, and protecting
water quality.
Authorizes the commissioner to cooperate with
other state agencies including the Minnesota
geologic survey, to establish and maintain a
statewide water information system to gather,
process, and distribute information on the
availability, distribution, quality, and use of
waters of the state.
Authorizes the environmental quality board to
develop comprehensive long-range water
resources planning and serve as the governor’s
representative on interstate water resources
organizations.
It is the policy of the state that fish and
wildlife are renewable natural resources to be
conserved and enhanced through planned
scientific management, protection, and
utilization.
Authorizes commissioner to preserve, protect,
and propagate desirable species of wild
animals.
Resources &
Agriculture
Acquisition
of critical
natural
habitat
Reinvest in
Minnesota
resources
fund
Statewide
water
information
system
Natural
Resources
103A.401
Environmental
Quality
103B.151
Natural
Resources
84.941
Natural
Resources
97A.045
Establishes policy for acquisition or
improvement of critical natural habitat.
Natural
Resources
84.944
A reinvest in Minnesota resources fund is
created as a separate fund in the state treasury
for costs of the acquisition and betterment of
public land and easements in land and
improvements in land for which the proceeds
are appropriated.
Natural
Resources
84.95
Public water
reserves
Authorizes the commissioner to designate and
reserve public waters of the state to propagate
and protect wild animals.
Natural
Resources
97A.101
Waterfowl
protected
areas.
Authorizes commissioner to designate
migratory waterfowl refuge, and sets policy on
access.
Natural
Resources
97A.095
Special
management
waters
Authorizes commissioner to classify waters for Natural
primary use as trophy lakes, family fishing
Resources
lakes, designated trout lakes, designated trout
97C.005.
State Water
Planning
Fish and
game
Policy.
Fish and
game
authority
105
streams, special species management lakes,
and other designated uses.
ExperiMental
waters
.Experimental waters are lakes and streams
Natural
where special regulations are used and
Resources
evaluated to meet a specific fisheries objective.
97C.001
Aquatic
vegetation in
public waters
The state is the owner of wild rice and other
aquatic vegetation growing in public waters.
A person may not acquire a property interest in
wild rice or other aquatic vegetation or destroy
wild rice or aquatic vegetation, except as
authorized under this chapter.
Authorizes commissioner to establish a
statewide program to prevent and curb the
spread of harmful exotic species.
Natural
Resources
84.091.
Natural
Resources
84D.02.
Authorizes commissioner to designate a water
of the state as an infested water if the
commissioner determines that the water
contains a harmful exotic species that could
spread to other waters if use of the water and
related activities are not regulated to prevent
this.
Authorizes commissioner to classify exotic
species according to the following categories:
(1) prohibited (2) regulated; (3) unlisted (4)
unregulated..
Natural
Resources
84D.03
Natural
Resources
84D.04.
Ditches must
be planted
with
permanent
grass
In any proceeding to establish, construct,
improve, or do any work affecting a public
drainage system under any law that appoints
viewers to assess benefits and damages, the
authority having jurisdiction over the
proceeding shall order spoil banks to be spread
consistent with the plan and function of the
drainage system.
Watershed
districts
103E.021.
Wetland
policy
Establishes state policy to preserve the
wetlands of the state to conserve surface
waters, maintain and improve water quality,
preserve wildlife habitat, reduce runoff,
provide for floodwater retention, reduce
stream sedimentation, contribute to improved
subsurface moisture, enhance the natural
beauty of the landscape, and promote
Various
103A.202
Harmful
exotic species
management
program
Infested
waters;
restricted
activities.
Classification
of exotic
species
106
Permit
program
under section
404 of the
federal
Clean Water
Act
comprehensive and total water management
planning.
Authorizes the commissioner, with the
concurrence of the board of water and soil
resources and the commissioner of agriculture,
to adopt rules establishing a permit program
for regulating the discharge of dredged and fill
material into the waters of the state as
necessary to obtain approval from the United
States Environmental Protection Agency to
administer the permit program under section
404 of the federal Clean Water Act.
Authorizes commissioner to program of
acquiring interests in land to preserve
wetlands.
Natural
Resources
103G.127.
Natural
Resources
103F.601
Water and Soil
Resources
103F.516.
Natural
Resources/
Administration
97A.145
Water and Soil
Resources
103G.2243
Natural
Resources
84.035
Natural
Resources
89A.02
Timber
harvesting
and forest
management
guidelines
Authorizes board to acquire permanent
easements from willing landowners on land
containing certain wetlands.
Authorizes commissioner to acquire wetlands
and bordering areas, including marshes, ponds,
small lakes, and stream bottoms for water
conservation relating to wildlife development.
develop and implement comprehensive
wetland protection and management plan .
Authorizes commissioner to protect and
preserve these patterned peatlands as a
peatland management system through
establishment and designation of certain
peatland core areas as scientific and natural
areas.
Establishes policy to guide the sustainable
management, use, and protection of the state's
forest resources to achieve the state's
economic, environmental, and social goals.
Establishes Forest Resources Council to
coordinate the development of comprehensive
timber harvesting and forest management
guidelines and authorizes commissioner to
monitor riparian forests.
Natural
Resources
89A.05.
Local Water
Planning
develop local watershed management plans
Water and Soil
Resources
103B.231
Canoe and
Authorizes commissioner to mark canoe and
Natural
85.32
Water Bank
Program
Permanent
wetlands
preserve
Wetlands for
wildlife.
Local
wetland
plans.
Peatland
protection.
Forestry
Policy
107
boating
routes
boating routes on certain rivers, including Red
Lake, and provide amenities on these rivers.
Resources
Scenic river
protection
policy
Establishes a wild and scenic rivers program
Natural
Resources
108
103A.208
APPENDIX D: Minnesota Databases
109
Minnesota Databases
(Adapted from: "Developing Environmental Indicators for Minnesota Catalog of Databases and
Information Sources")
Provided By: Minnesota Department of Natural Resources
The "Environmental Indicators Catalog of Databases and Information Sources" describes over
160 sources of environmental information. Topics include Minnesota’s physical environment
(climate, geology, topography, surface waters, and groundwater), Minnesota’s biotic resources
(terrestrial and aquatic animal populations, plant species and communities), management and use
of natural resources in Minnesota (recreation, hunting, fishing, timber harvest, mineral
extraction, water use), and human activities that impact the environment (land use,
transportation, agriculture, human populations, air and water pollution).
Groundwater Observation Well Database (OBWELL)
Description: Records of water levels in areas of present or expected groundwater use to assess
groundwater resources, interpret impacts of pumping and climate, plan for water conservation,
evaluate local water complaints, and provide management of groundwater resources.
Organization: Department of Natural Resources, Division of Waters
Contact: Laurel Reeves or Tom Gullett, Division of Waters, Ground Water Unit, 500 Lafayette
Road, Box 32, St Paul, MN, 55155-4032, voice: (651)296-9231, fax: (651)296-0445
Minnesota Geological Survey (MGS) Computerized County Well Index
Description: A PC-based database system developed by the MGS for the storage, retrieval, and
editing of water well information. The database contains basic information on well records (e.g.,
location, depth, static water level) for wells in Minnesota.
Organization: Minnesota Geological Survey
Contact: Minnesota Geological Survey
MPCA Ground Water Monitoring and Assessment Program Trends
Description: Monitoring a suite of parameters to monitor overall quality over time, sampling
network established to periodically monitor conditions in specific developing areas of the state.
Organization: Pollution Control Agency
Contact: Tom Clark, Pollution Control Agency GWPD, (651)296-8580
110
MPCA Ground Water Monitoring and Assessment Program (GWMAP)
Description: A network established to monitor overall quality, of the state’s primary aquifers.
Contact: Tom Clark, Pollution Control Agency, GWPD, (651)296-8580
Reconnaissance Scale Well Water Geochemical Survey of Central Minnesota
Description: A reconnaissance scale well water geochemical survey in central and east central
Minnesota to determine if the chemical analysis of groundwater obtained from domestic water
wells can be used to evaluate mineral potential.
Organization: Department of Natural Resources, Division of Minerals
Contact: Division of Minerals
Aquatic Nuisance Control Permit Database
Description: Information on applicants and intended use of Aquatic Nuisance Control Permits.
Organization: Department of Natural Resources, Division of Fish and Wildlife
Contact: Steve Hanson, Aquatic Pesticide Enforcement Person, Division of Fish and Wildlife,
Section of Ecological Services, 500 Lafayette Road, Box 25, St Paul, MN, 55155-4025, voice:
(651)296-0784, fax: (651)286-1811
Fisheries Lake Survey Database
Description: A collection of physical, chemical and biological information concerning habitat,
water quality, and fish population characteristics of Minnesota lakes that allows development of
lake specific management plans, evaluation of management techniques and monitoring.
Contact: Karen Schroeder, Survey/Systems Coordinator - Sr. Programmer, Division of Fish and
Wildlife, Section of Fisheries, 500 Lafayette Road, Box 12, St Paul, MN, 55155-4012, voice:
(651)297-3287, fax: (651)297-4916
Lake Level Minnesota
Description: A volunteer lake level monitoring network for data collection to document historic
lake level fluctuations for use in anticipating water related problems and calibrating hydrologic
and hydraulic simulation models.
111
Contact: Brett Coleman, Division of Waters, Department of Natural Resources, 500 Lafayette
Road, St. Paul, MN 55155; phone (651)296-6421.
Lake Mapping Status
Description: Data on spawning habitat, vegetation stands, existing structures, historical water
elevations and lake volumes, vegetation type, oxygen/temperature profiles, water chemistry,
natural and non-natural exterior lake features, water flow and boundaries. Management of state
fishery resources used to evaluate current habitat conditions and make improvements.
Contact: Kevin Zytkovicz, Division of Fish and Wildlife, Section of Ecological Services, 500
Lafayette Road, Box 25, St Paul, MN, 55155-4025, voice: (651)296-0780, fax: (651)296-1811
Lakes Database
Description: Data on hydrological and physical characteristics of lakes.
Contact: Bob Potocnik, Division of Waters, Surface Water Unit, 500 Lafayette Road, Box 32, St
Paul, MN, 55155-4032, voice: (651)296-0438, fax: (651)296-0445
Large Lake Monitoring Program
Description: Annual surveys of the state’s 11 largest lakes.
Contact: Division of Fish and Wildlife, Section of Fisheries, 500 Lafayette Road, Box 12, St.
Paul, MN, 55155-4012
Protected Water Basins Inventory
Description: A list of water bodies (lakes and deeper wetland basins greater than 10 acres in size
outside of urban areas or greater than 2.5 acres in incorporated municipalities) subject to
Department of Natural Resources regulation.
Contact: Glenn Radde, Division of Waters, Permits and Land Use, 500 Lafayette Road, Box 32,
St Paul, MN, 55155-4032, voice: (651)297-4950, fax: (651)296-5939
112
Department of Transportation Hydrography Polygons (GIS layer)
Description: Lakes, islands, and double line river area features from 1:24,000 scale quadrangle
maps. GIS coverage of lakes, islands and rivers developed by DOT.
Organization: Department of Natural Resources, Bureau of Management Information Services
Contact: Robert Maki, Bureau of Management Information Services: (651)297-2329
Department of Transportation Streams (GIS layer)
Description: Perennial and intermittent streams and ditched stream features from 1:24,000 scale
USGS quandrangle maps.
Digital Line Graph (DLG) Hydrography Data
Description: Whole stream and lake features through Division of Waters lake identifiers.
Instream Flow Incremental Methodology
Description: Not Available
Contact: Karen Terry, Division of Fish and Wildlife, Section of Ecological Services, 1221 East
First Ave, Fergus Falls, MN, 56537, voice: (218)739-7576, fax: (218)739-7601
Inventory of Dams
Description: Data (approximately 40 items of information) on each of 900 dams statewide.
Contact: Craig Regalia, Division of Waters, Surface Water Unit, 500 Lafayette Road, Box 32, St
Paul, MN, 55155-4032, voice: (651)296-0525, fax: (651)296-0445
Permit DB: Water Permit Database
113
Description: Records permitted changes to water bodies and water withdrawal by permit holders
to document changes to course, current, or cross-section and water withdrawal from waterbodies.
Contact: Bruce Gerbig or John Fax, Division of Waters, Permits and Land Use, 500 Lafayette
Road, Box 32, St. Paul, MN 55155-4032, voice: (651)296-4800, fax: (651)296-0445
Stream Flow Monitoring
Description: Stream flow data from gauged watersheds for use in water management decisions.
Contact: Dana Dostert, Division of Waters, Minnesota Department of Natural Resources, 500
Lafayette Road, St. Paul, MN 55155: (651)297-3901
Stream Surveys
Description: Data on physical and chemical characteristics of streams surveyed by Fisheries.
Contact: Division of Fish and Wildlife, Section of Fisheries, 500 Lafayette Road, Box 12, St
Paul, MN, 55155-4012, voice: (651)297-3287, fax: (651)297-4916
State Water Use Data Systems
Description: Documents water pumpage reported for permitted water use (both groundwater and
surface waters by month and calendar year).
Contact: Sean Hunt, Division of Waters, Data Management, 500 Lafayette Road, Box 32, St
Paul, MN, 55155-4032, voice: (651)296-0509, fax: (651)296-0445
Purple Loosestrife Inventory Database
Description: An inventory of locations where purple loosestrife has become established.
Contact: Luke Skinner, Division of Fish and Wildlife, Section of Ecological Services, 500
[email protected]
114
Wetlands Permitting
Description: This database allows county-by-county analysis of the number of permits issued,
withdrawn, and denied each year since 1988 by the U. S. Army Corps of Engineers under
Section 404 of the Clean Water Act. Data are compiled from U. S. Army Corps of Engineers
Regulatory Analysis and Management System database.
Organization: Environmental Working Group
Contact: Unknown
Wildlife Lake Survey
Description: Information on water depth, water clarity, bottom type, and vegetation of large
wetlands (shallow lakes) to evaluate the quality of wetland habitat within specific basins.
Contact: Ray Norrgard, Wildlife Lake Designation Coordinator, Carlow Avery Wildlife
Management Area, Forest Lake; 612-296-5290
Conservation Reserve Program (CRP) GIS Data Layer
Description: Field boundaries of land enrolled in the CRP in Minnesota through the 12th signup.
Organization: Minnesota Department of Agriculture
Contact: Barbara Weisman, Minnesota Department of Agriculture
Minnesota Agricultural Statistics
Description: Public statistics on agricultural activities in Minnesota necessary to have a level
playing field in the markets. A single source of statistics for farm commodities produced in
Minnesota.
Organization: Minnesota Agricultural Statistics Service, P.O. Box 7068, St. Paul, MN 55107:
(651)296-2230.
Contact: Minnesota Agricultural Statistics Service, P.O. Box 7068, St. Paul, MN 55107:
(651)296-2230.
MPCA Best Management Practices (BMP) Tracking System
115
Description: Uniform estimation of sediment and attached phosphorus reduction due to best
management practices for agricultural fields, gully stabilization, streambank and ditchbank
stabilization, and feedlot pollution reduction actions.
Contact: Dave Johnson, Pollution Control Agency, WQMAS, (651)296-6041
Cooperative Stand Assessment
Description: Forest and wildlife managers inventory of state owned forest land, wildlife harvest,
vegetation, and timber.
Organization: Department of Natural Resources, Division of Forestry
Contact: David Heinzen, Division of Forestry, Resource Assessment, 2002 Airport Road, Grand
Rapids, MN, 55744-, voice: (218)327-4449, fax: (218)327-4514
Forest Inventory and Analysis (FIA)
Description: A periodic inventory of the Nation's forestland to determine its extent, condition,
volume of timber, growth, and removals. Provide up-to-date information for framing forest
policies and programs.
Organization: Department of Natural Resources, Division of Forestry and U. S. Department of
Agriculture, North Central Forest Experiment Station
Contact: Program Manager, Forest Inventory and Analysis, North Central Forest Experiment
Station 1992 Folwell Avenue, St. Paul, Minnesota 55108 or David Heinzen, Forestry Division,
DNR
Minnesota Permanent Forest Plot
Description: A permanent subset of FIA plots maintained by Department of Natural Resources
Forestry.
Organization: Department of Natural Resources, Division of Forestry
Contact: C. M. Chen or George Deegan, Sr. Research Analyst, Division of Forestry, Forest
Management Section, 500 Lafayette Road, Box 44, St Paul, MN, 55155-4044, voice: (651)2965969
Natural Heritage Information System - Old Growth Forest Stands Database
Description: Detailed information on designated and candidate old growth forest stands.
116
Organization: Department of Natural Resources, Natural Heritage and Nongame Research
Program
Contact: Rich Baker, Division of Fish and Wildlife, Section of Ecological Services, 500
Lafayette Road, Box 25, St. Paul, MN 55155-4025, voice: (651)296-2835, fax: (651)296-1811
[email protected]
Natural Heritage Information System - Natural Community Polygon Database
Description: GIS polygons of natural communities in Minnesota County Biological Survey
inventoried counties.
Organization: Department of Natural Resources, Natural Heritage and Nongame Research
Program
Contact: Rich Baker, Division of Fish and Wildlife, Section of Ecological Services, 500
Lafayette Road, Box 25, St. Paul, MN 55155-4025, voice: (651)296-2835, fax: (651)296-1811
[email protected]
Datanet
Description: An online information system consisting of summarized statistical information on
social, economic, and demographic conditions in Minnesota. A common point to collect,
integrate, and distribute information about Minnesota.
Organization: Minnesota Planning
Contact: Richard Fong, Minnesota Planning; phone (651) 296-6866
Recreation Facility Data Base
Description: A single source of data for all administrative levels and all recreation related and
preservation related management areas.
Contact: John Poate, GIS Data Technician, Management Information Systems, GIS Lab, 500
[email protected]
State Park Cultural Resource Site Files
Description: The database for state park cultural resources consists of information on resources
within state park holdings such as inventoried archaeological sites, cemetery sites, historical
sites, historical buildings, and National Register sites/districts.
117
Organization: Department of Natural Resources, Division of Parks and Recreation
Contact: David Radford, State park Archaeologist, Division Parks and Recreation, 500 Lafayette
Road, Box 39, St. Paul, MN, 55155-4039, voice: (651)297-1153, fax: (651)297-1157
LMIC GIS Database Survey
Description: Results of a survey conducted in 1994 to identify sources of GIS data to facilitate
data sharing among governmental and non-governmental GIS users.
Organization: Minnesota Land Management Information Center (LMIC)
Contact: LMIC, 330 Centennial Office Building, 658 Cedar Street, St. Paul, MN 55155,
(651)296-1211
Atlas of Minnesota Natural Resources
Description: Information on priority natural resource issues facing the State. Prepared for
LCMR to facilitate review of the various resource issues by the LCMR and the new Citizen
Advisory Committee.
Organization: Legislative Commission on Minnesota Resources
Contact: Unknown
Base Maps for the 90s
Description: Revised topographic maps, aerial photography, digital orthoquads, digital raster
graphics and digital elevation models for Minnesota produced in cooperation with USGS.
Provide basic, updated map (generally 1:24,000 scale) information.
Organization: Minnesota Land Management Information Center (LMIC)
Contact: LMIC, 330 Centennial Office Building, 658 Cedar Street, St. Paul, MN 55155,
(651)296-1211
County Geologic Atlas and Regional Hydrogeologic Assessment
Description: Describe in map reports the geology, hydrogeology and geologic sensitivity of a
county or region.
Organization: Department of Natural Resources, Division of Waters and University of
Minnesota, Minnesota Geological Survey
Contact: Sarah Tuford, Div. of Waters, Ground Water and Climatology, 500 Lafayette Road,
Box 32, St. Paul, MN 55155-4032, voice: (651)297-2431, fax: (651)296-0445
118
County State-Aid Highways (GIS layer)
Description: GIS coverage of county state-aid highways in Minnesota.
Contact: Tim Loesch, Bureau of Management Information Services: (651)296-0654
Department of Transportation Roads (GIS layer)
Description: Roadway centerlines for roads found on the USGS 1:24,000 mapping series
including interstates, trunk highways, and CSAH (county state/aid highway). Data are current
through the 1994 construction season. Provides a single source of data for roadways in
Minnesota.
Contact: Rober Maki, Bureau of Management Information Services: (651)297-2329
Digital Line Graph Roads (GIS layer)
Description: Digital line graphs of roads in Minnesota.
Environmental Review Database
Description: Tracking of specific development projects in Minnesota, which require State or
Federal Environmental Review.
Contact: Doug Norris, Division of Fish and Wildlife, Section of Ecological Services, 500
statewide
International Coalition Land Use/Cover Data
Description: An update of Minnesota's 1969 land use inventory. Interpretation and coding of
land use was done by the International Coalition for Land/Water Stewardship in the Red River
Basin.
119
Interstates and Trunk Highways (GIS layer)
Description: GIS coverage of interstate and trunk highways.
Contact: Tim Loesch, Bureau of Management Information Services: (651)296-0654
Land and Water Conservation Fund Project List
Description: Annotated list of projects funded by the Land and Water Conservation Fund.
Organization: Department of Natural Resources, Office of Management and Budget Services
Contact: Bill Becker, Office Of Planning, 500 Lafayette Road, Box 10, St Paul, MN, 551554010, voice: (651)296-3093, fax: (651)296-6047
Land Use Management Information Exchange
Description: Not Available
Contact: Sandy Fecht - Joe Gibson, Division of Waters, Land Use Unit, 500 Lafayette Road,
Box 32, St Paul, MN, 55155-4032, voice: (651)296-4800, fax: (651)296-0445
Mineral Rights Ownership
Description: Results of title searches on mineral rights ownership. To determine which lands can
be offered at public metallic minerals lease sales, for conducting mineral potential work.
Organization: Department of Natural Resources, Division of Minerals
Contact: Unknown
Atlas of Minnesota Resources & Settlement
Description: Pattern of settlements, resource use, and population portrayed through maps and
accompanying graphs, tables and text.
Organization: University of Minnesota, Center for Urban and Regional Affairs and Minnesota
State Planning Agency.
120
Contact: publication: DNR library call no. G 1425 B6 1980
Digital Elevation Model (30 meter)
Description: Regular arrays of elevations arranged horizontally on the UTM coordinate system.
Description of topography, calculation of slope, and aspect relationships.
High Spatial Density Daily Precipitation Data
Description: Daily, weekly, and monthly temperature and precipitation observations from
approximately 1400 cooperating agencies and volunteers for use in climate monitoring and
assessment.
Contact: Jim Zandlo or Greg Spoden, Division of Waters, Climatology, S-325 Borlaug Hall,
University of Minnesota, St Paul, MN, 55108-, voice: (651)296-4214, fax: (651)626-1276
Long Term Daily Climate Data
Description: Daily weather information collected from approximately 200 locations statewide
beginning in late 1800s for use in climate monitoring and assessment.
University of Minnesota, St Paul, MN, 55108-, voice: (651) 296-4214, fax: (651) 626-1276
Weekly Rainfall/Snow Depth Summary
Description: Information on precipitation and snow depth collected from 100-200 locations
weekly. Includes climate monitoring, assessment, and winter recreation information.
University of Minnesota, St Paul, MN, 55108-, voice: (651)296-4214, fax: (651) 626-1276.
Minnesota Fish Contaminant Monitoring Program
Description: To determine the extent of persistent chemical contamination of fish in Minnesota
waters.
121
Contact: Mark Briggs, Analytical Lab Specialist, Division of Fish and Wildlife, Section of
Ecological Services, 500 Lafayette Road, Box 25, St. Paul, MN, 55155-4025; (651)464-1247
MPCA Bypass Log
Description: Document the untreated or partially treated waste water discharged unintentionally
(e.g., main break, wet weather).
Contact: Unknown
MPCA Clean Water Partnership Investigations
Description: Information on water resources and the surrounding drainage areas. Diagnostic
studies used to identify pollution problems and their causes.
Organization: Pollution Control Agency, Water Quality Division
Contact: Marge Velky, Pollution Control Agency, Water Quality Division, (651)296-8834.
Additional databases outlined in the "Developing Environmental Indicators for Minnesota
Catalog of Databases and Information Sources" that were not included in APPENDIX I are as
follows:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Minnesota Frog and Toad Survey
North America Amphibian Monitoring Program
North American Reporting Center for Amphibian Malformations
Terrestrial Salamander Monitoring Program
Commercial Fisheries Database
Commercial Licensing (natural resource commercial ventures)
Fish Database for Statewide Stream Surveys
Fishbase Data Warehouse
Game Fish Stocking
General Creel Survey Analysis
USFWS Great Lakes Commercial Catch Database
Underground Storage Tank Inventory
Corps of Engineers Shoreline Characterization
Minnesota Watercraft Operators Permit Database
Watercraft Registration System
Fish Trend Analysis Data (Mississippi River)
Macro invertebrate Trend Analysis Data (Mississippi River)
Vegetation Trend Analysis Data (Mississippi River)
Water Quality Trend Analysis Data
122
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Scientific Assessment and Strategy Team (SAST) Database (Mississippi River)
Bald Eagle Nest and Nest History Database
Aerial Survey of Beaver
Aerial Survey of Moose
Canada Goose Breading Grounds Survey
Colonial Waterbird Database
Fall Waterfowl Migration Monitoring
Moose Harvest Data
Moose Lottery
Minnesota Loon Monitoring Program
USFWS Biological Database
USFWS Epizootiological Database
USFWS May Breeding Waterfowl Survey (Map Aerial Survey)
Waterfowl Production and Habitat Sur vey
Loggerhead Shrike Road Transect Survey
Rare Features Database
Black Bear Food Survey
Bearing Tree Database
County Biological Survey Site Database
MN Taxa Database
Releve Site Database
Roadside Vegetation Disturbance Database
TNC Plant Community Database
Antlerless Deer Lottery
August Roadside Wildlife Counts
Bear Lottery
Black Bear Bait Station Survey
Black Bear Harvest Registration
Breeding Bird Ranges of North America
Car-killed Deer Survey
Conservation Reserve Program Study Area Data
Fall Turkey Lottery
Farmland Whitetailed Deer Productivity Survey
Minnesota Carnivore Population Index
Prairie Chicken Booming Ground Database
North American Breeding Bird Survey
Registered Furbearer Collections
Ruffed Grouse Drumming Counts
Sharp-tailed Grouse Dancing Ground Survey
Small Game, Trapper, Turkey, Goose, and Deer Hunter Database
Snowshoe Hair Population Index Survey
Spring Turkey Lottery
USFWS Woodcock Singing-ground Survey
Wildlife Management Area Inventory
Agricultural ATV Registration System
123
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
Census of Agriculture
USDA National Agricultural Statistics Service-Environmental and Economic Data
1990 Census of Population and Housing
1992 Economic Census
Consolidated Federal Funds Report
Population Estimates by Age, Sex, and Race
MPCA Emission System
Aerometric Information Retrieval System
Mineral Commodities Produced
State Park Cultural Resource Site Files
Snowmobile Registration System
Recreation Facility Database
Parks Attendance
Fish and Game Licensing
Cross-country Ski Licensing
ATV/Off-highway Motorcycle Registration System
1985/86 Outdoor Recreation Survey
USA Counties
School District Data Book
Regional Economic Information System
124
APPENDIX E: Minnesota Water Laws and Regulations
125
Minnesota Water Laws and Regulations
Provided by: Minnesota Department of Natural Resources
(Adapted from “Questions and Answers About Water Laws in Minnesota)
Lakebed, marsh, and stream ownership:
When a water basin or watercourse in navigable under the federal test, the State owns the bed.
[See Lamprey v. State, 52 Minn, 181, 53 N.W. 1139 (1893), and United States v. Holt State
Bank, 270 U.S. 49 (1926).] The federal test is “when the waters are used, or are susceptible of
being used, in their natural and ordinary condition, as highways of commerce, over which trade
or travel are or may be conducted.” [See State v. Longyear Holding Company, 224 Minn. 451,
29 N.W. 2d 657 (1947).] When a basin is not navigable but meandered (shown on a U.S.
Government Land Office survey), the shoreland owners own the bed of the lake in severalty.
[See Schmidt v. Marschel, 211 Minn. 543, 2 N.W. 2d 121 (1942).] When a watercourse is not
navigable but is meandered, the shore-land owners own to the thread (centerline) of the stream.
When a waterbasin or watercourse is not navigable and was not meandered, the ownership of the
bed is as indicated on individual property deeds.
Ordinary high water mark:
The ordinary high water mark is an elevation which marks the boundary of the lake, or stream
bed. It is the highest level at which the water has remained long enough to leave its mark upon
the landscape. [See Lake Minnetonka Improvement, 56 Minn. 513, 58 N.W. 295 (1894), and
Minnesota Statutes, Section 103G.005, subd. 14.] Generally, it is the point at which the natural
vegetation changes from predominantly aquatic to predominantly terrestrial.
Riparian rights:
Riparian rights are property rights arising from owning shoreland. They include the right: 1) to
wharf out to a navigable depth; 2) to take water for domestic and agricultural purposes; 3) to use
land added by accretion or exposed by reflection; 4) to take ice; 5) to fish, boat, hunt, and swim;
and 6) to make such uses as waterbodies are normally put. [See Sandborn v. People’s Ice Co., 82
Minn. 43 84 N.W. 641 (1900), and Lamprey v. State, 52 Minn. 181, 53 N.W. 1139 (1893).] The
riparian landowner also has the right to make use of the lake, marsh, or stream over its entire
surface. [See Johnson v. Seifert, 257 Minn. 159, 100 N.W. 2d 689 (1960).]
Riparian duties:
Riparian landowners must exercise their rights reasonably, so as not to unreasonably interfere
with the riparian rights of others. [See Petraborg v. Zontelli, 217 Minn. 536, 15 N.W. 2d 174
(1944).] They cannot dike-off and drain, or fence-off, their part of the waterbody. [See Johnson
v. Seifert.] It is a public nuisance and a misdemeanor to “interfere with, or obstruct, or render
dangerous for passage waters used by the public.” [See Minnesota Statuetes, Section 609.74.]
What are public rights:
Where the public is a riparian landowner, such as when a public road abutts the water or at a
public access, the public has riparian rights. [See Flynn v. Beisel, 257 Minn. 531, 102 N.W. 2d.
284 (1960).]
126
Waters of the state:
Waters of the state are any surface or underground waters, except those surface waters which are
not confined, but are spread and diffused over the land. [See Minnesota Statutes, Section
103G.005, subd. 17.] This includes all lakes, ponds, marshes, rivers, streams, ditches, springs,
and waters from underground aquifers, regardless or their size and location.
DNR appropriations permits:
A DNR water appropriation permit is needed to appropriate or use waters of the state for any
domestic use serving more than 25 persons and for any other use which exceeds 10,000 gallons
in any one day, or 1,000,000 gallons in a year. [See Minnesota Statutes, Section 103A.201 and
Section 103G.271, subd. 1, and Minnesota Rules, Part 6115.0600.]
Priorities for water use:
If there isn’t enough water for everyone, Minnesota law sets general priorities for which users
can appropriate waters of the state. [See Minnesota Statutes, Section 103G.261.] These
priorities, from highest priority to lowest priority, are as follows:
1. Domestic water supplies and power production with contingency water use plans;
2. Uses of water consuming less than 10,000 gallons per day;
3. Agricultural irrigation and processing of agricultural products;
4. Power production without contingency water use plans;
5. Uses, other than agricultural irrigation, processing of agricultural products, and power
production;
6. Non-essential uses of water.
Limitations on irrigation from ground water:
Except in areas where ground water availability is already known, the permit application must
run a pumping test at their own expense. The permit will be issued if the test shows there is
enough water both for the applicant and for existing wells in the vicinity. If the pumping drawsdown water below the reach of nearby domestic wells, the applicant must work something out
with those well-owners before a permit will be issued. [See Minnesota Statutes, Section
103G.295.]
Limitations on irrigation from surface water:
Minnesota law sets water use limits for waterbasins and watercourses and also discourages
taking water from waterbasins less than 500 acres in area. [See Minnesota Statutes, Section
103G.285 and 103G.261.] On any waterbasin, the total of all withdrawls cannot be more than
one-half acre-foot per year (6 inches of water taken off the water basin). The DNR can also
establish minimum protection elevations for waterbasins and protected low flows for
watercourses. [See Minnesota Statutes, Section 103G.285, subs. 2 and 3]
Protected waters and wetlands:
Protected waters are all waterbasins and watercourses that meet the criteria set forth in
Minnesota Statutes, Section 1003G.005, subd. 15, and are designated on the DNR’s protected
waters and wetlands inventory maps. Protected wetlands include all types 3, 4, and 5 wetlands
(as defined in the USFWS circular No.39, 1971 ed.) Which are ten ore more acres in size in
rural areas, or 2 1/2 or more acres in size within cities and are designated on the DNR’s
127
Protected Waters and Wetlands Inventory. [See Minnesota Statutes, Section 103G.005, subd.
18.]
DNR permits for protected waters:
A DNR protected waters permit is needed to do any work which will change or diminish the
course, or cross-section of any lake, wetland, or watercourse that is designated as a protected
water or wetland on the DNR’s Protected Waters and Wetlands Inventory maps. Any work done
below the ordinary high water mark of protected waters or wetlands requires a permit. Examples
of such work include drilling, filling, dredging, channeling, construction of dams, harbors,
permanent offshore structures, or placement of bridges and culverts. [See Minnesota Statutes,
Section 103G.245, subd. 1, and Minnesota Rules, part 6115.0150.]
Protected waters and wetlands inventory:
This was a county-by-county process in which the DNR prepared a map and list showing all
protected waters and wetlands. [See Minnesota Statutes, Section 103G.201.] These maps can be
viewed at all DNR offices, local soil and water conservation district offices, local watershed
district offices, and many county offices. Copies may also be obtained from the Minnesota
Bookstore located in the Ford Building., 117 University Avenue, St. Paul, MN 55155, telephone
297-3000 (metro area) or 1-800-657-3757 (statewide).
Constitutionality of the state’s regulation of protected waters:
The Minnesota Supreme Court has held that the DNR’s inventory of protected waters and
wetlands and the DNR’s regulation of work which changes the course, current, or cross-section
of protected waters is clearly constitutional. [See State v. Kuluvar, 255 Minn. 408, 418, 123
N.W. 2d. 699, 706-707 (1963); State v. Olson, 275 N.W. 2d 585 (Minn. 1979); and Minnesota
Supreme Court file number C5-86-322, decided on December 24, 1987.]
DNR’s land use programs:
The DNR oversees three different programs regulating the use of the shores of waterbasins and
watercourses: 1) the Shoreland Management program; 2) The Floodplain management
program; and 3) The State Wild and Scenic Rivers Program. Under each program the DNR
establishes minimum land use standards, which local units of government must adopt and
enforce through their zoning ordinances. Administration of these ordinances is locally
controlled, except for DNR certification approval of planned cluster developments, inconsistent
plats, and variances along wild and scenic rivers. Always check with local zoning officials to see
what specific ordinance provisions apply to the particular property.
Shoreland zoning:
Shoreland zoning ordinances apply to all land within 1,000 feet of the ordinary high water level
of a protected waterbasin or wetland, and within 300 feet of a protected watercourse or to the
landward extent of a designated floodplain on a protected watercourse (where the floodplain is
wider than 300 feet). The DNR classifies each waterbody as either Natural Environment,
Recreational Development, or General Development. The DNR also classifies river reaches as
either Remote, Forested, Transition, Agriculture, Urban, or Tributary. The allowable use(s) of
land, lot sizes, lot widths, structure setbacks and sanitary system setbacks are different for each
class. The states minimum shoreland development standards received a major update, effective
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in 1989, that focussed of additional issues, such as stormwater management, wetland alterations,
best management practices for forestry and agriculture, upgrading of nonconforming sewage
systems, and protection of (near-shore) shore impact zones. Eighty-five Minnesota counties and
about 160 cities have a shoreland and zoning ordinance. [See Minnesota Statutes, Section
103F.201-103F.221, and Minnesota Rules, Parts 6120.2500-6120.3900.]
Floodplain zoning:
Floodplain zoning ordinances apply to lakes, as well as streams, and cover all land inundated by
the 100-year flood (the flood having a one percent chance of occurring in any single year). The
floodway is the part of the floodplain needed to discharge or store the 100-year flood. Only
minimal encroachments and very limited construction are allowed in the floodway. The area of
the floodplain outside of the floodway is called the flood fringe. Development conforming to the
community’s floodplain building and zoning standards is generally allowed in the flood fringe,
but it must be placed on fill or floodproofed high enough to keep it dry during a 100-year flood.
The emphasis of the program is to minimize flood damage by promoting nonstructural remedies
instead of construction of costly levees, dikes, or dams. [See Minnesota Statutes, Sections
103F.101-103F.145, and Minnesota Rules, Parts 6120.5000-6120.6200.]
Wild and Scenic Rivers Zoning:
Wild and Scenic River ordinances apply to those rivers which have been designated under the
Minnesota Wild and Scenic Rivers Act or the Lower St. Croix Wild and Scenic River Act.
These are the St. Croix River from Taylors Falls dam to the Mississippi River; the Kettle River
in Pine County; the Mississippe River from St Cloud to the cities of Ramsey and Dayton; the
North Fork of the Crow River in Meekr County; the Minnesota River from Lac qui Parle dam to
the city of Franklin; the Rum River from Ogechie Lake to the City of Anoka; and the Cannon
River from the city of Fairbault to the Mississippi River. The district boundary established at the
designation hearing could not include more than 320 acres of land per river mile on both sides of
the river. The boundary generally follows a Government Land Survey line or road and includes
areas that are visible from the river or are environmentally sensitive. River segments are
classified as wild, scenic, or recreational (urban or rural for the Lower St. Croix), and have
associated dimensional standards, land uses, and alteration standards. [See Minnesota Statutes,
Sections 103F.301-103F.351, and Minnesota Rules, Chapter 6105.]
Trespassing on private property:
The belief that the state owns a strip of land around all Minnesota lakes for public use is
absolutely false. Riparian property (property abutting a lake, river, or wetland) is either privately
of publicly owned. The general public can access water bodies or watercourses via public
property, but not through public property. Individuals entering private property without
permission from the landowner are trespassing and may be prosecuted under the state trespass
laws. It is illegal to trespass on private property in order to gain access to a water body or
watercourse without first obtaining the verbal or written permission from the landowner.
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APPENDIX F: South Dakota DENR Databases
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South Dakota Department of Environment and Natural Resources Databases
Domestic Well Program: A single table that contains the following information: water quality
information for sodium, nitrate, coliform bacteria, sulfate and conductivity; name and address of
well owner; well driller; and county. Updated daily.
Public Water Systems: This database uses multiple tables (56). It contains information on: 80+
water quality parameters, 800 + public water systems inventory, frequency of monitoring,
contact person, type of source, location (lat/long as well as TRS). Updated daily.
Animal Waste Management System - Ground Water Quality: This database contains ground
water monitoring data for animal waste management system. Included in the database are the
site name, animal type, number of animal units, locations, legal location, aquifer, depth to ground
water and quarterly monitoring results. Water quality parameters are nitrate, nitrite, ammonia,
fecal coliform, sulfate, chlorides, temperature, pH, and total dissolved solids.
Clean Sites - Ground Water Quality: The Ground-Water Quality Program Clean site database
contains the names of many Petroleum, Agricultural Chemical, and Industrial Chemical storage
and retail facilities. The facilities in this database have tested soils and/or surface water/ground
water to determine if a release of the substances they store has occurred. Each facility has
submitted a report (laboratory data) to the DENR which seems to indicate that no contamination
is present on site. This database is maintained for the purpose of tracking the submitted reports.
There are presently records of over 270 sites on this database, dating back to reports received by
the DENR back in 1988. Information on the database includes the name of the facility, the
facility location, the date of report submittal, the name of the Ground-Water Quality Program
assigned reviewer, and much more. If information is required, which is not available on the
database, the file number may be used to reference microfilm files.
Ground Water Discharge Plans: This database contains ground-water quality compliance data for
Ground-Water Discharge Plans issued by the Board of Water Management. The database
includes facility name, legal location, effective and expiration dates of the permits, and groundwater quality information. Facilities that have been permitted include heap leach gold mines, the
old Brooking landfill, an animal waste pond, and wastewater treatment facilities (artificial
wetlands and sludge disposal areas).
Spill Sites: The Ground-Water Quality Program spills database contains information regarding
all petroleum, agricultural chemical, and industrial chemical spills which occur (and are reported
to DENR) within the state of South Dakota. These spills which occur (and are reported to
DENR) within the state of South Dakota. These spills could be the result of transportation
accidents, dumping, vandalism, underground storage tank leaks, etc.
There are presently records of over 3,600 reported spills/releases, dating back to 1973. The
information available on this database will include: the incident location, the product release, the
cause of the release, the status of the cleanup, the name of the assigned Ground-Water Quality
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program reviewer, and much more. If information is required, which is not available on the
database, the file number may be used to reference microfilm and paper files.
TIERRII - Title III - Ground Water Quality: This database will contain the 1993 reporting for the
Title III facilities and will contain information similar to the Title III database. Input is currently
underway.
Title III - Ground Water Quality: This database contains information on over 1,200 Title II
reporting facilities for 1988 - 1992. Information includes the facility name, SIC Code, location
(usually by street address), owner/operator, emergency contact names, chemicals stored, amounts
stored, and other safety information.
TR1313 - Title III - Ground Water Quality: This database contains Form R release information
received from approximately 55 facilities for the 1991 - 1992 reporting years. 1993 information
will be input after July 1 of 1994. Information includes facility name and address, contact
person, chemicals reported and the amounts and types of emissions reported.
Exploration Permits - Minerals and Mining: This database contains general operator information,
mineral exploring for, legal location, surety information, and annual report information.
Information is updated daily. Documented data entry procedure available.
Mine Permit: This database contains general operator information, type of permit, mineral
permitted for, legal location, claim information, and permit history. Information is updated
daily. Documented data entry procedure available.
Mine Licenses: This database contains general operator information, type of mineral mined for,
legal location, claim information, inspection information, annual report information, surety
information, general enforcement and license information. Information is updated daily.
Documented data entry procedure available.
Water Quality at Gold Mines: These spreadsheets are used to monitor water quality at gold
mines. Gives sampling dates and parameters tested for. Information is updated bi-weekly.
Documented data entry procedure available.
Air Minor Permits - Air Quality: Air Quality database containing general information about
permitted facilities. Contains compliance and permitting information and units covered under
the permit.
Air Major Permits - Air Quality - Air Quality database containing general information about
permitted facilities. Contains compliance and permitting information and units covered under
the permit.
Wastewater Discharge Analyses: Laboratory results of influent/effluent samples from
municipalities. This data is used by municipalities to complete their discharge Monitoring
Reports.
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Approved On-site Wastewater Systems: Record of on-site wastewater system approved by
DENR.
Notice of Intent - Surface Water Quality: Storm water permit applications and permits for the
Multisector permit, Industrial Activity permit, the Construction activity permit and the Notice of
Terminations submitted.
Notice of Termination - Surface Water Quality: Storm water permit applications and permits for
the Multisector permit, Industrial Activity permit, the Construction Activity permit and the
Notice of Terminations submitted.
Multisector Permit Applications - Surface Water Quality: Storm water permit applications and
permits for the Multisector permit, Industrial Activity permit, the Construction Activity permit
and the Notice of Terminations submitted.
STORET - Surface Water Quality: EPA’s database containing national ambient water quality
data. All of DENR’s PSC ambient water quality data is stored here.
Water Quality Monitoring Stations - Surface Water Quality: Ambient water quality station
information, i.e. station location, legal descriptions, sampling schedule and parameters sampled.
Water Quality - Geological Survey: Contains inorganic, pesticide, immuno assay, and VOC
analyses of water samples. Fields include well information such as location, aquifer, basin,
project, project manager, well name, well owner, sampling methods, and analyses on the major
anions and cations, and field analyses.
Lithologic Logs - Geological Survey: The footages and lithologic descriptions for each testhole
and well contained in the test hole and well logs database.
SDGS Publication List - Geological Survey: This database contains information about
publications of the South Dakota Geological Survey. It includes publication title, author, cost,
and availability.
Water Levels - Water Rights: This database contains information for the Water Rights
observation well network. Information contained in this database is water level information
including the reading, date of reading, well name, and time the reading was taken.
Stockdam and Drydraw Dam - Water Rights: This database contains information on all drydraw
dam and stockdam filings in the State. It contains legal description, size and filer’s name.
Safety of Dams - Water Rights: This database contains pertinent information about dams in
South Dakota.
Pending Water Permit Applications - Water Rights: This database is used to track the status of
pending water permit applications.
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Water Right Permit and Water Right Information - Water Rights: This is FoxPro database that
contains Water Permit/Right information for all existing water rights. This information includes:
water right holder, priority date, diversion rate, diversion point, dam information, well
information and irrigation use information.
Lakes Database - Watershed Protection: This is intended to be an all inclusive database of lake
information for use by several different agencies. The structure of the database is relational,
meaning it consists of numerous smaller tables which have identifier fields enabling the tables to
be linked together. Information included in the database will be water quality data, geographical
data, funding history, project history, fisheries information, biological data, and lake water level
elevations.
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APPENDIX G: Summary of South Dakota Water Laws and Rules
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Summary of South Dakota Water Laws and Rules
Prepared by Water Rights Program
Department of Environment and Natural Resources
February 1998
The following is a summary of South Dakota water laws and rules. This summary is provided as
a service of the Water Rights Program, Department of Environment and Natural Resources for
the purpose of introducing the public to the water rights laws of South Dakota. Please note, this
summary is not a substitute for the South Dakota Codified Laws or Administrative Rules of
South Dakota.
1) Water in South Dakota is owned by the people of the state and not by private individuals.
However, the right to use water may be obtained under State Law.
Reference: SDCL 46-1-1, 46-1-3, and 46-5-5.
2) The first in time (senior priority) is the first in right, except for individual domestic use.
Reference: SDCL 46-2A-9, 46-2A-12, 46-4-1, 46-4-2, 46-5-4, 46-5-7, 46-5-8, 46-5-34,
3) Domestic use of water takes precedence over appropriative rights.
Reference: SDCL 46-1-5, 46-1-6(7), and 46-1-6(14).
4) The seven member Water Management Board regulates water use, approves and denies
permits, validates vested rights, cancels water right permits or rights, and establishes ordinary
high or low water marks for lakes.
Reference: SDCL 1-40-15, 43-17-21, 43-17-23 thru 43-17-25, 43-17-28, 46-2-9, 46-2-11,
46-2A-7, 46-2A-8, 46-2A-16, 46-4-2, and 46-5-8.1.
5) The following domestic uses do not require a water right permit:
a. Domestic use of water from other than a common water distribution system that does
not exceed 25,920 gallons per day (gpd) for:
1. Individual farm or ranch use including livestock water;
2. Individual household use for drinking, washing, sanitary, culinary, and other
ordinary household purposes.
The peak diversion rate may not exceed 25 gallons per minute (gpm).
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b. Irrigation of a noncommercial family garden, trees, lawn, shrubbery, or orchard that
is no larger in area than one acre. Lawn, tree, and garden watering within a city,
town, or from other common water distribution systems is covered by the system
water right.
Note:
Drip irrigation systems for noncommercial purposes and not exceeding 18 gpm
do not need to be permitted even if the irrigated area exceeds one acre.
c. No more than 18 gpm from other than a common water distribution system for uses
in schools, parks and other public recreation areas.
d. No more than 18 gpm for geothermal heating or cooling of a single household. Most
heat pump installations for household heating and cooling should not require more
than 5 to 10 gpm.
e. No more than 18 gpm from other than a common water distribution system for
noncommercial on-farm alcohol production.
f.
Water distribution systems (e.g. towns, rural water systems, subdivisions, and mobile
home parks) that do not pump more than 18 gpm.
Reference: SDCL 46-1-6(7), 46-5-50 thru 46-5-52. Water Management Board Rules
74:02:01:01 and 74:02:01:03.
6) Dams or dugouts on dry draws and nonnavigable watercourses.
a. Dams or dugouts storing 25 acre feet or less of water located on a dry draw or on a
nonnavigable watercourse can be constructed without a water right permit provided a
location notice is filed. However, the dam may not be constructed if it changes the
course of the water, interferes with vested rights, or wrongfully floods land not
owned by the owner.
b. The owner of a dam described in 6a must file a location notice with the county
Register of Deeds and the Water Management Board to establish a priority date. The
location notice must be filed or the owner has no right to build the dam or dugout or
to use the water. The $10.00 filing fee is set by SDCL 46-2-13(1).
Note:
Water Management Board Safety of Dams Rules Chapter 74:02:08 apply to
dams that are 25 feet or more in height (top of dam) or that store more than 50
acre-feet of water (maximum storage to top of dam.)
Beaver dams - SDCL 46-5-1.2 provides that no person owning land through which a
watercourse passes may prohibit the removal of obstructions built by beavers in a
watercourse, if the beavers have obstructed or interfered with the flow of water through
the watercourse in a manner that floods land belonging to others or impairs existing water
rights.
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Reference: SDCL 46-1-6(8), 46-4-1, 46-4-1.1, 46-4-3, 46-5-2, and 46-5-8. Water
Management Board Rules ARSD 74:02:01:03.
7) Except those water uses described in 5 and 6, all uses of water require a water right permit
pursuant to procedures in Chapter 46-2A. Water uses supplied from a water distribution system
do not need a separate permit. Examples of uses which require a permit are:
a. Cities, towns, rural water systems, mobile home parks, subdivisions, and other
common water distribution systems that pump more than 18 gpm. Those systems not
pumping more than 18 gpm that may expand and increase pumping above 18 gpm,
should obtain a water right permit to establish a priority date.
Note:
Certain water distribution systems that do not pump more than 18 gpm may still
be subject to compliance with Safe Drinking Water Standards. SDCL Chapter
34A-3A. Water Management Board Rules Chapter 74:04:05.
b. Domestic use for farm, ranch, household, and livestock use from other than a
common water distribution system in excess of either 25,920 gpd (18 gpm
continuously for 24 hours) or 25 gpm.
c. Any well that is allowed to flow more than 18 gpm.
d. Any dam or dugout on a dry draw or nonnavigable watercourse impounding more
than 25 acre feet.
e. Any dam constructed for any purpose on a stream considered navigable as a matter of
state law.
f.
Irrigation of more than one acre.
g.
Commercial use, even less than 18 gpm, when supplied from other than a common
water distribution system to a truckstop, tourist attraction, eating, drinking, or
lodging establishment, commercial campground and any other business. An existing
business without a water right has no right to the use of water. The commercial user
without a water right is not entitled to receive protection in the event of well
interference by a new or future user who has a water right. The new user with a
water right will have the senior priority over an existing user without a water right.
h.
Industrial, manufacturing, gravel washing and mining uses when supplied by other
than a common water distribution system. Temporary water permits may be issued
for temporary short term projects. See number 13.
i.
Geothermal use of any amount of water from other than a common water distribution
system, for businesses, churches, schools, or any other building, except for individual
homes using 18 gpm or less.
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j.
Any use by a school, park, rest area or other public recreation area in excess of 18
gpm when supplied from other than a common water distribution system.
k. Any use by a hospital, nursing home or church when supplied by other than a
common water distribution system.
Fees for permit applications are set by SDCL 46-2-13(2).
A person who applied water to a beneficial use for works constructed prior to or under
construction as of March 2, 1955 (surface water) or February 28, 1955 (ground water),
may qualify for a vested right pursuant to SDCL 46-1-9 or 46-6-1, if that vested water
right has not been forfeited or abandoned. Vested water right claims may be filed or the
chief engineer may require vested water right claims to be filed pursuant to SDCL 46-549 or 46-6-2.
Reference: SDCL 46-1-3, 46-1-6(3), 46-1-9, 46-1-15, 46-5-1.1, 46-5-6.2 thru 46-5-6.8,
46-5-8.2 46-5-9, 46-5-10, 46-5-49 and 46-6-2. Water Management Board
Rules ARSD 74:02:01:03.
8) After approval of a water right permit, the permit owner has five years to complete any
construction. The owner then has an additional four years to put the water to beneficial use.
A water right permit may be amended to extend the time for completion of construction
or the time to put the water to beneficial use. The extension may be granted on account
of delays due to physical or engineering difficulties, due to operation of law, or due to
exigent circumstances identified by the Water Management Board. An application to
amend a permit to extend the time for construction or to put the water to use should be
made prior to expiration of the time period to be extended.
Reference: SDCL 46-2A-1(2), 46-2A-8, and 46-5-26.
9) An existing water right permit or right may be amended. Amendment examples are: to
change the use of water, to change place of use, to extend time for construction beyond five
years, to change diversion points or to add diversion points. An amendment can not be granted
to increase the rate of diversion or volume of water appropriated under the original permit. An
application to increase the rate of diversion or volume of water would be treated as a new
application for the added rate or volume with a new priority date. The location of an existing
diversion point may be moved or additional diversion points may be added without application,
if the water source remains unchanged and the potential for interference with existing diversions
of water does not increase.
Reference: SDCL 46-2A-1(2), 46-2A-12, 46-5-13.1, 46-5-30.4, 46-5-31, and 46-5-35.
10) Notice of any sale, grant, lease, conveyance or other transfer of a water right permit or right
must be filed with the Chief Engineer of the Water Rights Program within 90 days. No
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assignment of a permit or right is binding, except upon the parties thereto, unless filed for record
in the Water Rights Program.
Reference: SDCL 46-5-30.3 and 46-5-32.
11) The following entities may reserve water for expected future needs pursuant to procedures in
SDCL 46-2A:
a. State institution;
b. Municipality as defined in SDCL 9-1-1;
c. The South Dakota conservancy district or water development districts as defined in
SDCL 46A-2-4;
d. Water user district as defined in SDCL 46A-9-2;
e. Nonprofit rural water supply company as defined in SDCL 10-36A-1;
f. Sanitary district as defined in SDCL Chapter 34A-5;
g. Irrigation district as defined in SDCL 46A-4; or
h. Water project district as defined in SDCL Chapter 46A-18.
Approval of an application to appropriate water for future use is a reservation of a
definite amount of water with a specific priority date. A future use permit does not grant
authority to construct works or put the water to beneficial use. An additional application
is required to construct works and put reserved water to beneficial use. The fee for a
future use application is 10% of the usual fee for an application to construct works and
put water to beneficial use.
Future use permits are subject to review by the Water Management Board every seven
years. If the future use permit is allowed to remain in effect after the seven year review,
an additional 10% fee is required.
Reference: SDCL 46-2-13(2), 46-5-38, and 46-5-38.1.
12) Flood control permits are required pursuant to SDCL 46-2A for facilities constructed on a
watercourse to control flooding. Emergency facilities may be constructed without a permit.
However, the Chief Engineer of the Water Rights Program must be promptly notified. Flood
control permits are not required for flood control facilities constructed on dry draws.
Reference: SDCL 46-2A-11, 46-5-47, and 46-5-48.
13) Temporary water permits may be issued when limited amounts of public water are needed on
a temporary basis. For example, permission may be granted to use water for highway and other
construction projects and exploration drilling. A temporary permit is not valid after December
31 of the year in which the permit was issued. In addition, a temporary permit is temporary
permission to use public water and does not grant any water rights for the temporary use.
Temporary permits may be granted to use water from public lakes, dams, and streams or
privately owned dams, dugouts, and wells. The permit does not grant access to the water. Water
may be obtained from municipalities and other water distribution systems without a temporary
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permit. The Water Management Board has authorized the Chief Engineer of the Water Rights
Program to issue and rescind temporary permits.
Reference: SDCL 46-5-40.1. Water Management Board Rules ARSD 74:02:01:32 thru
74:02:01:34.02.
14) All flowing wells must be controlled by the owner to produce only the amount of water
needed and to prevent waste of water.
Reference: SDCL 46-2-18, 46-6-10, 46-6-14, 46-6-20, 46-6-21, 46-6-29, and 46-6-30.
Water Management Board Rules ARSD 74:02:02:11.
15) When the owner of an existing well constructs a replacement well and does not plan to use
the old well, the old well is considered abandoned and must be plugged. Other abandoned wells
must also be plugged. If an old well is not to be abandoned or will be used, the well must still be
valved and controlled, if flowing, or sealed and capped so that no leaking occurs either
underground or at the surface.
Reference: SDCL 46-6-18 and 46-6-27.
16)
A well driller must be licensed to drill water wells in South Dakota. The driller is
required by law to file a copy of a well construction report with the Water Rights Program within
30 days of completion of each well.
Reference: 46-2A-13, 46-6-9, and 46-6-11.
17) South Dakota Water Laws do not allow the "mining" of ground water. "Mining" occurs
when the quantity of water pumped annually from a ground water aquifer exceeds the estimated
annual recharge to the aquifer. There are a few areas in South Dakota where additional ground
water right permits are not being approved for this reason. A limited exception to "no mining" is
made by SDCL 46-6-3.1 for water distribution systems. The Water Rights Program maintains
more than 1,600 observation wells to monitor ground water levels.
Reference: SDCL 46-2-14 and 46-6-3.1.
18) Water right permits can be cancelled for nonconstruction. However, the Board may reinstate
any water right permit with a priority date after March 31, 1977, within three years after
expiration of the original construction period if unappropriated water is available. A new
priority date is assigned to a reinstated permit. A water right permit or right can be lost for any
of the following three reasons:
a. Abandonment - The water right permit or right owner has no intent to use water and
abandons its use. Once a water right permit or right is abandoned, it can not be
reclaimed under the original permit or right.
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b. Forfeiture - Occurs by operation of law if water is not used for a three year period
without legal excuse. A "legal excuse" would include, generally, the lack of water,
but may include other reasons. Once a water right permit or right is forfeited, it can
not be reclaimed under the original permit or right.
c. A third violation of a condition of a water right permit or right.
Reference: SDCL 46-1-12, 46-2A-8.1, 46-5-36, 46-5-37, and 46-5-37.1. Water
Management Board rules ARSD 74:02:01:36 thru 74:02:01:41.
19)
The Water Management Board establishes ordinary high water marks (High WM),
ordinary low water marks (Low WM) and lake outlet elevations for public lakes.
State law provides that all navigable rivers and lakes are public highways within 50 feet
landward from the water's nearest edge, provided that the outer boundary of such public
highway may not expand beyond the High WM and may not contract within the Low
WM. Thus, the public has the right to use a strip of land up to 50 feet wide below the
High WM beginning at the water's edge or the Low WM for public purposes.
Further, while the public may use the 50 foot strip of land for only "public" purposes, the
private adjoining landowner may use the land for any purpose not inconsistent with the
rights of the public. Such purposes ordinarily would include the right to graze and water
livestock, to hay, or to build a boat dock.
The meander line is a survey line and is usually not a property line nor is the title of an adjacent
landowner limited to the meander line, except when the land title conveyance clearly states that
the meander line is the property line. Subject to the preceding exception, the meander line
defines neither the boundary of a lake or stream nor the extent of land area owned by the
adjacent landowner. The meander line was established during early government surveys and
used to determine the acres of land subject to sale.
Reference: SDCL 43-17-1 thru 43-17-4, and 43-17-20 thru 43-17-30.
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APPENDIX H: North Dakota Water Resource Programs
143
144
145
146
147
148
149
APPENDIX I: Water Related Laws and Regulations With Reference to North Dakota
Century Code
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
APPENDIX J: Canada and Manitoba Water Resources Programs
187
Inventory – Water Resources Management Programs – Provincial and Federal
WATER RESOURCES DEVELOPMENT/USE
TOPIC
WATER SUPPLY:
municipal,
industrial,
agricultural rural
and other community programs
PROGRAM OR
DEPARTMENT/AGENCY
FUNCTION
DESCRIPTION
The Manitoba Water
Manitoba Intergovernmental
Services Board
Affairs
provides for the
development and
maintenance of water
and sewage treatment
facilities and the
related infrastructure
in agricultural and
rural areas. Grant
programs include:
Water Development
Program to assist rural
residents and urban
communities; Sewer
and Water Program to
assist urban
communities; and the
Federal/Provincial
Partnership
Agreement on
Municipal Water
Infrastructures
Program to strengthen
opportunities for
188
STATUTORY
AUTHORITY
The Manitoba
Water Services
Board Act
COMMITTEE
JURISDICTION*
TOPIC
PROGRAM OR
FUNCTION
DESCRIPTION
sustainable
development in
southern Manitoba.
Municipalities may
form a conservation
district which
provides for the
conservation, control
and prudent use of
resources. Programs
developed address
soil conservation,
water management
and storage, and land
drainage. These
programs must
comply with pertinent
provincial acts.
Rural Water
Development
Program is offered by
Agriculture and AgriFood Canada. This
program provides
technical and
financial assistance to
rural residents for the
planning and
development of water
resources which
DEPARTMENT/AGENCY
STATUTORY
AUTHORITY
Affairs
The
Conservation
Districts Act,
The Municipal
Act and The
Planning Act
Agriculture and Agri-Food
Canada
N/A
189
COMMITTEE
JURISDICTION*
TOPIC
IRRIGATION
PROGRAM OR
DEPARTMENT/AGENCY
FUNCTION
DESCRIPTION
contribute to the
economic and/or
environmental
sustainability of the
agricultural industry.
Activities include: test
drilling for ground
water data collection,
water quality
enhancement,
dugouts, small and
large diameter wells,
small dams and
pipelines.
Through planning and Manitoba Conservation
operation of various
lakes, rivers and
reservoirs the
province is able to
address issues
regarding water
quality, erosion,
fisheries, agriculture,
recreation, flooding
and water supply.
Various programs
Manitoba Agriculture and Food
support sustainable
irrigation
development to meet
market demands for
190
STATUTORY
AUTHORITY
N/A
N/A
COMMITTEE
JURISDICTION*
TOPIC
PROGRAM OR
FUNCTION
DESCRIPTION
irrigated crop
production and to
improve management
or irrigated
production to
maximize the uptake
of inputs and to
protect soil and water
resources.
A surplus water
irrigation initiative to
deliver technical and
financial support to
irrigation
development is being
undertaken.
Aquifer capacity
program monitors,
evaluates and reports
on hydrogeological
data. These findings
are used to establish
sustainable yield.
Through planning and
operation of various
lakes, rivers and
reservoirs the
province is able to
address issues related
to irrigation.
DEPARTMENT/AGENCY
STATUTORY
AUTHORITY
Manitoba Agriculture and Food
N/A
Manitoba Conservation
N/A
N/A
191
COMMITTEE
JURISDICTION*
TOPIC
FLOOD CONTROL
PROGRAM OR
FUNCTION
DESCRIPTION
Criteria has been
established for
construction of
buildings within the
Designated Flood
Areas of the Red
River Valley.
The Red River
Floodway, Portage
Diversion,
Shellmouth Reservoir,
Fairford Dam,
community dikes and
community water
diversions are
monitored and
maintained.
The City of Winnipeg
has established a
Property Stewardship
Program responsible
for operation and
maintenance of land
drainage sewers/flood
gates/flood pumping
stations, and
design/construction
and maintenance of
dikes.
The City of Winnipeg
DEPARTMENT/AGENCY
STATUTORY
AUTHORITY
The Water
Resources
Administration
Act
The Water
Resources
Administration
Act
City of Winnipeg, Manitoba
Conservation
The City of
Winnipeg Act
and The Diking
Authority Act
192
COMMITTEE
JURISDICTION*
TOPIC
DRAINAGE
PROGRAM OR
FUNCTION
DESCRIPTION
has authority and
control over dikes and
pumping stations
constructed for the
protection of property
during periods of
flooding.
Water Resources
Branch is responsible
for Provincial
Waterways. Land
drainage is carried out
by regional staff. A
land drainage
program is under
review by an interjurisdictional task
force.
Municipalities have
authority to create bylaws addressing
drainage activities.
Under The City of
Winnipeg, Property
Stewardship Program,
a service is offered to
property owners that
provides collection
and disposal of land
drainage, land
DEPARTMENT/AGENCY
STATUTORY
AUTHORITY
The Water
Resources
Administration
Act
Affairs
The Municipal
Act and The
Water Rights Act
City of Winnipeg
City of Winnipeg
Act
193
COMMITTEE
JURISDICTION*
TOPIC
EMERGENCY FLOOD
RESPONSE
PROGRAM OR
FUNCTION
DESCRIPTION
drainage storage in
stormwater retention
basins.
Under the drainage
program,
construction,
establishment and
maintenance of any
drainage project is
subject to licensing
under The Water
Rights Act.
Conservation
Districts, as part of
their mandate to
provide for the
and prudent use of
resources, has the
authority to take
responsibility for
drainage projects.
Manitoba Emergency
Management
Organization has
programs designed
specifically for flood
situations. Programs
include municipal
emergency plans,
DEPARTMENT/AGENCY
STATUTORY
AUTHORITY
The Water
Rights Act
Affairs
The
Conservation
Districts Act,
The Municipal
Act and The
Planning Act
Manitoba Highways and
Government Services
The Emergency
Measures Act
194
COMMITTEE
JURISDICTION*
TOPIC
PROGRAM OR
FUNCTION
DESCRIPTION
provincial emergency
plans, contingency
plans for dike
breaches and
floodway breaches
and evacuation plans
for The City of
Winnipeg.
Joint Emergency
Preparedness
Program, province
and federal
government, provides
resources for
emergency
preparedness.
Daily flood sheet
showing current
conditions and
forecasts are prepared
for major rivers
during the spring
runoff period as are
hydrologic conditions
reports. Monthly and
storm precipitation
maps are prepared and
distributed throughout
the year. Estimates of
evaporation, design
DEPARTMENT/AGENCY
STATUTORY
AUTHORITY
Manitoba Highways and
Government Services and
Emergency Preparedness
Canada
The Emergency
Measures Act
and The
Emergency
Preparedness Act
N/A
195
COMMITTEE
JURISDICTION*
TOPIC
DROUGHT
PROGRAM OR
FUNCTION
DESCRIPTION
winds, rainfall rates
and related data are
provided to
government planners
and private
consultants.
PFRA administers
Drought Watch
program which
provides information
on impacts associated
with climatic
variability and
promotes ideas and
activities to reduce
drought vulnerability.
PFRA’s Water
Conservation program
assists rural regions in
improving efficiency
of water use.
Monthly and storm
precipitation maps are
prepared and
distributed throughout
the year. Estimates of
evaporation, design
winds, rainfall rates
and related data are
provided to
DEPARTMENT/AGENCY
STATUTORY
AUTHORITY
Canada
N/A
N/A
196
COMMITTEE
JURISDICTION*
TOPIC
WATER CONTROL
HYDROPOWER
DEVELOPMENT/SUPPLY
PROGRAM OR
FUNCTION
DESCRIPTION
government planners
and private
consultants.
An infrastructure
program provides for
monitoring and
management of
waterways, crossings,
control structures,
dams, dikes, drainage
channels and major
flood control works.
The Lake of the
Woods Control Board
Act establishes a
board that is
responsible for
securing the most
dependable flow and
most advantageous
and beneficial use of
the Winnipeg River,
English River, Lake
of the Woods, Lac
Seul and Lake St.
Joseph diversion.
Approval to divert,
use or store water for
power purposes and
for activities that
DEPARTMENT/AGENCY
STATUTORY
AUTHORITY
The Water
Resources
Administration
Act, The Lake of
the Woods
Control Board
Act and The
Water Rights Act
The Water
Power Act
197
COMMITTEE
JURISDICTION*
TOPIC
PROGRAM OR
FUNCTION
DESCRIPTION
impact water within a
water power reserve
are licensed by Water
Resources Branch.
NAVIGATION
Federal legislation
ensures that navigable
waters remain open to
navigation. Works
which are built or
placed in, on, under,
through or across any
navigable water, that
substantially
interferes with
navigation must be
approved. Any vessel
that obstructs or
endangers a navigable
water must be
reported
WATERSHED PLANNING
Planning and
AND MANAGEMENT PLANS management of
infrastructure is
carried out in
cooperation with
Prairie Provinces
Water Board, Lake of
the Woods Control
Board, International
Joint Commission,
DEPARTMENT/AGENCY
STATUTORY
AUTHORITY
Transport Canada
Navigable
Waters Protect
Act
Federal Government,
Government of Manitoba,
Government of Saskatchewan,
Government of North Dakota
N/A
198
COMMITTEE
JURISDICTION*
TOPIC
PROGRAM OR
DEPARTMENT/AGENCY
FUNCTION
DESCRIPTION
International Souris
Water Board of
Control, Red River
Basin Board, Red
River Water
Resources Council,
Manitoba Water
Commission, Prairie
Farm Rehabilitation
Administration,
Saskatchewan Water
Corporation and
North Dakota State
Water Commission
Water planning is
being conducted on
the upper Assiniboine
River basin, Winkler
aquifer, Oak Lake
aquifer, Assiniboine
Delta aquifer, and
Oak Lake, Plum Lake,
Shoal Lake and
Dauphin Lake.
Engineering design
and construction
services are provided
by the province.
Water commissions
prepare schemes for
199
STATUTORY
AUTHORITY
N/A
The Water
Supply
COMMITTEE
JURISDICTION*
TOPIC
PROGRAM OR
FUNCTION
DESCRIPTION
supplying the water
commission area with
an adequate and
reliable permanent
supply of water
relative to the control
and use of water
resources available.
The National Soil and
Water Conservation
Program provides
federal funding for
projects associated
with land use or
practice which
potentially impact on
the quality of the
water resource base.
Projects funded
include: nutrient
management in soil,
irrigation
management to
prevent surface runoff
and/or leaching, and
soil and water
resource information
systems in support of
manure management
plans.
DEPARTMENT/AGENCY
STATUTORY
AUTHORITY
Commission Act
Canada
200
N/A
COMMITTEE
JURISDICTION*
TOPIC
RESEARCH/
WATER DATA
PROGRAM OR
FUNCTION
DESCRIPTION
Conservation districts
provide for the
and prudent use of
resources. Programs
developed address
soil conservation,
water management
and storage, and land
drainage. These
programs must
comply with pertinent
provincial acts.
Provincial data bases
are maintained for
provincial
infrastructure;
watershed and basin
mapping;
hydrological
conditions of river,
lakes and reservoirs;
and aquifers.
Through the Gross
Watershed
Boundaries Program,
administered by
PFRA, hydrometric
gauging station
information is
DEPARTMENT/AGENCY
STATUTORY
AUTHORITY
Affairs
The
Conservation
Districts Act,
The Municipal
Act, and The
Planning Act
N/A
Canada
N/A
201
COMMITTEE
JURISDICTION*
TOPIC
WILD AND SCENIC RIVERS
PROGRAM OR
FUNCTION
DESCRIPTION
digitally compiled.
A program develops
and manages
Manitoba’s
designated Heritage
Rivers, the Seal and
the Bloodvein.
DEPARTMENT/AGENCY
STATUTORY
AUTHORITY
N/A
COMMITTEE
JURISDICTION*
FISH AND WILDLIFE - TOPICS
TOPIC
PROGRAM OR FUNCTION
DEPARTMENT/AGENCY STATUTORY
DESCRIPTION
AUTHORITY
FISHERIES
The fisheries Habitat Management
The Fisheries Act
MANAGEMENT program evaluated, maintains and
improves fish habitat through stream
restoration, development of riffles,
bank stabilization, and construction of
fishways. Instream flow methodology
for setting flow reservations for
intermittent streams in Agro-Manitoba
is being established.
The Conservation Agreements Act
The Conservation
allows landowners and conservation
Agreements Act, The
agencies to be able to enter into
Ecological Reserves
conservation agreements for protection
Act, The Endangered
and enhancement of natural
Species Act, The
ecosystems and wildlife or fisheries
Wildlife Act, The
habitat. The Ecological Reserves Act
Manitoba Habitat
establishes and maintains ecological
Heritage Act, The
202
COMMITTEE
JURISDICTION*
TOPIC
PROGRAM OR FUNCTION
DESCRIPTION
AUTHORITY
reserves. The Endangered Species Act
Crown Lands Act and
and The Wildlife Act prevent the
The Provincial Parks
destruction, disturbance or interference
Act
of habitat. Under The Manitoba
Habitat Heritage Act, habitat on
Crown and private lands is protected.
Reservations for specific departmental
and government programs is provided
for by The Crown Lands Act.
Ecosystems are conserved under The
Provincial Parks Act.
Habitat and land management
programs include maintaining and
enhancing Wildlife Management
Areas. The Critical Wildlife Habitat
Programs identifies, preserves and
manages critical habitats. The
Heritage Marsh Program includes a
variety of activities at several of the
marshes in the province.
Through Ducks Unlimited two
N/A
N/A
programs address habitat conservation
and management. The Habitat
Conservation program and the North
American Waterfowl Management
Plan.
203
COMMITTEE
JURISDICTION*
WATER QUALITY - TOPICS
TOPIC
PROGRAM OR FUNCTION
DESCRIPTION
WATER
Several programs address water
QUALITY
quality management. These programs
MANAGEMENT include: operating a routine, ambient
monitoring network on major streams
and lakes; undertaking issue based
site-specific water quality studies;
developing water quality guidelines
and objectives; administering the
Canada-Manitoba Water Quality
Monitoring Agreement
Programs within Agriculture are
designed to protect and/or enhance the
quality of soil and water resources
through implementation of sustainable
agricultural practices specific to
nutrient, manure and pesticide
leaching.
WATER
The Drinking Water Program works
QUALITY
with communities to up-grade water
INFRASTRUCTURE
treatment plants.
Various programs exist regarding
sewer treatment systems ; construction,
maintenance and purification of water
systems and supplies.
The Canada Agri-Infrastructure
program provides funding for valueadded infrastructure and water
development projects throughout
AUTHORITY
N/A
Manitoba Agriculture and
Food
N/A
Manitoba
Intergovernmental Affairs
Manitoba Health
N/A
Canada
N/A
204
The Public Health Act
COMMITTEE
JURISDICTION*
TOPIC
WATER
POLLUTION
PROGRAM OR FUNCTION
DESCRIPTION
Manitoba. Projects funded include:
construction of water treatment plants,
wastewater facilities, and conveyance
works.
Waste sources of pollutant from
municipalities and industries are
controlled through the Municipal,
Industrial and Hazardous Waste
Approvals program.
Pollution associated with pesticides is
addressed through a permitting system.
AUTHORITY
Various programs address prevention
of pollution of wells and underground
water and springs.
Groundwater quality aquifer
monitoring program consists of
establishing base line values
throughout Manitoba and remediation
of problem areas.
N/A
Manitoba Health
The Pesticides and
Fertilizers Control
Act
The Public Health Act
N/A
COMMITTEE
JURISDICTION*
WATER RIGHTS AND ALLOCATION - TOPICS
TOPIC
WATER
ALLOCATION
PROGRAM OR FUNCTION
DESCRIPTION
AUTHORITY
Water use regulation program and the
The Water Rights
water power regulation program ensure
Act, The Water Power
sustainable apportionment of ground
Act, The Ground
and surface waters and hydroelectric
Water and Water Well
development. The Ground Water and
Act, The Sustainable
205
COMMITTEE
JURISDICTION*
TOPIC
PROGRAM OR FUNCTION
DESCRIPTION
Water Well Act licenses well drillers
and provides a legal right, f the
Minister, to limit flow from wells to
protect the aquifer. Projects requiring
water are reviewed under The
Sustainable Development Act and The
Environment Act.
INTERSaskatchewan and Manitoba have
PROVINCIAL
entered into a three-year agreement
WATER
with Canada to study water
COMPACTS
management in upper Assiniboine
River Basin.
The Lake of the Woods Control Board
is a Canadian Board which regulates
the water levels of Lake of the Woods
and Lac Seul, and the flow in the
Winnipeg and English Rivers
downstream of these lakes to their
junction, for the long term benefit or
all users and interests.
The Shoal Lake Watershed Study is
designed to identify the need for a
Watershed Management Plan that will
protect the watershed environment and
help guide future community and
resource development.
RIVER BASIN
International Joint Commission, Red
COMMISSIONS River Basin Task Force, proposed
recommendations to Canada and
United States regarding Red River
Flooding – Short-term Measures
AUTHORITY
Development Act and
The Environment Act
Government of
Saskatchewan and
Government of Manitoba
N/A
Government of Ontario and
N/A
Government of Ontario,
and First Nations
N/A
Government of Manitoba,
Government of Canada and
Government of the United
States
Government of
Manitoba,
Government of
Canada and
Government of the
206
COMMITTEE
JURISDICTION*
TOPIC
RURAL AND
OTHER
COMMUNITY
PROGRAMS
PROGRAM OR FUNCTION
DESCRIPTION
A treaty between Canada and the
United States, known as the 1925 Lake
of the Woods Convention and
Protocol, established elevation and
discharge requirement for regulating
Lake of the Woods based on IJC
recommendations. The Canadian Lake
of the Woods Control Board has
responsibility for regulation of the lake
under normal lake levels.
The Habitat Enhancement Fund
provides a grant to the Manitoba
Habitat Heritage Corporation, Critical
Wildlife Habitat Program, for
protection of habitat. A special
Conservation and Endangered Species
Fund promotes the principles of
sustainable development through
grants to community projects.
AUTHORITY
United States of
America
Government of Canada and N/A
Government of the United
States
207
The Manitoba Habitat
Heritage Act Act
COMMITTEE
JURISDICTION*
APPENDIX K: Canada and Manitoba Primary Databases
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
APPENDIX L: Canadian Federal Water Regulations
230
Canadian Federal Water Regulations
Navigable Waters Protection Act- The Navigable Waters Protection Act, under the Minister of
Transport, ensures that navigable water remain open to navigation. The Act requires that any
works which are built or placed in, on, over, under, through or across any navigable water, that
substantially interferes with navigation, be approved by the Minister; and any vessel that
obstructs or endangers a navigable water be reported to the Minister or to the chief officer of
customs and excise. The Act prohibits the deposition of wood products, earth materials or
rubbish into the waters; and established regulations to govern ferry cable and swing or draw
bridges.
Dominion Water Power Act- Administered by the Ministry of Indian and Northern Affairs, the
Dominion Water Power Act provides authority for establishing and managing water power
installations on federal lands. The Act applies to all public lands required and acquired in
connection with the development or working of water-powers and to the power and energy
produced.
Canada Water Act- The Canada Water Act provides the basis for federal-provincial cooperation in water resource management, water quality management and conservation. It
includes the authority to conduct research, make inventories; develop comprehensive
management plans and establish special water quality management areas to address concerns
with waste. Formulation of policies and programs are carried out through intergovernmental
committees. Ministry of Environment Administers the Act.
International River Improvements Act- Administered under the Ministry of Environment, the
International River Improvements Act pertains to dams, canals or any other work, the purpose or
effect which is to increase, decrease or alter the natural flow of an international river or to
interfere with, alter or affect the actual or potential use of the international river outside Canada.
The construction, operation or maintenance of an international river outside Canada. The
construction, operation or maintenance of an international river improvement requires licensing
and is subject to the same laws of the legislature of the province in which it is situated. This Act
does not apply in respect of an international river improvement situated with boundary waters or
constructed, operated or maintained solely for domestic, sanitary or irrigation purposes or other
similar consumptive uses.
The International Boundary Water Treaty Act- Administered by the Department of Foreign
Affairs, the International Boundary Water Treaty Act defines the jurisdiction under which the
International Joint Commission, established under the Canada-United States Boundary Waters
Treaty of January 11, 1909, carries out it mandate to make recommendations regarding use,
obstruction, and diversion of boundary waters. The laws of Canada and the Provinces were to be
amended to permit the obligations of the treaty to be undertaken. Any interference with or
231
diversion of boundary waters by Canada, which negatively impact the United States, would be
legally remedied as if the impacts occurred in that part of Canada.
Canada Shipping Act- Under the jurisdiction of Transport Canada, the Canada Shipping Act
provides authority relating to shipping and navigation in Canadian water and waters in the
exclusive economic zone of Canada. It also provides for prevention of pollution by oil and other
pollutants resulting from marine activities.
Fisheries Act- Department of Fisheries and Oceans is responsible for administration of the
Fisheries Act which prevents obstructions across streams and provides for the regulation of
fishing, management of fish stocks, fish habitat protection and pollution prevention measures.
Ministerial approval is required for any work or undertaking that results in the harmful alteration,
disruption or destruction of fish habitat.
Canada Wildlife Act- Being an act of the Ministry of Environment, the Canadian Wildlife Act
applies to a species that is wild by nature and the habitat of any such animal, plant or other
organism. Habitat includes any water on or flowing through land belonging to Canada. The
Minister may designate an area as a wildlife area. Within a wildlife area no person shall damage
or destroy or remove an plant or destroy or molest animals, nests or eggs thereof, without a
permit issued by the Minister. Manitoba has two designated wildlife areas, Pope National
Wildlife Area in the R.M. of Hamiota and Rockwood National Wildlife Area in the R.M. of
Rockwood.
The Migratory Birds Convention Act- The Migratory Birds Convention Act implements a
Convention of Project migratory birds and nests in Canada and the United States. A permit,
issued by the Minister of Environment, is required to carry on any activity that may harm
migratory birds or eggs, nests or habitat in a migratory bird sanctuary. There are no designated
migratory bird sanctuaries in Manitoba however, under the Act no person shall deposit or permit
to be deposited oil, oil wastes or any other substance harmful to migratory birds in any waters or
any area frequented by migratory birds.
The Prairie Farm Rehabilitation Act- Rehabilitation of drought and soil drifting areas is
provided for in the Prairie Farm Rehabilitation Act, administered by Agriculture Canada.
Through establishment of Prairie Rehabilitation Committees the Minister is advised as to the best
methods to develop and promote systems of water supply that will afford the greatest economic
security. The Act also empowers the Minister to undertake the development, operation and
maintenance of any project and enter into agreement with any province, municipality or person.
Canadian Environmental Assessment Act- The purpose of the Canadian Environmental
Assessment Act is to ensure environmental effects of a project are considered, promote
sustainable development, eliminate duplication of project assessment, and provide an opportunity
232
for public participation. any project where a federal authority is the proponent, makes or
authorizes financial assistance, or sells, leases or disposes of federal lands to a province for a
project is required to undergo an environmental assessment. Projects may be either a physical
work or physical activity. Regulations stipulate what projects are required to apply for a permit
or license under the Act. The Act also establishes the Canadian Environmental Assessment
Agency who advises the Minister of Environment and administers the environmental process.
Indian Act- Administered by the Minister of Indian and Northern Affairs, the Indian Act
addresses matters relating to Indian affairs and reserve land. Any non band member who wishes
to occupy or use a reserve to otherwise exercise rights on a reserve requires a permit from the
Minister. Regulations may be made by the Governor in Council and by-laws may be made by
the Council of a band regarding the preservation, protection and management of fur-bearing
animals, fish and other game on the reserve.
The international Boundary Commission Act- The international Boundary Commission Act
enables the International Boundary Commission to maintain the demarcation of the boundary
line between Canada and the United States. The commission is empowered to control any works
within ten feet of the boundary line.
233
APPENDIX M: Canadian Federal/Provincial Agreement
234
Canadian Federal/Provincial Agreement
Canada-Manitoba Agreement for Environmental Assessment Harmonization- Signed in
1994, this Agreement is based on a framework for Environmental Assessment Harmonization
adopted by the Canadian Council of Ministers of the Environment. Through early notification of
projects and integrated information requirements duplication of processes is prevented. Any
project in Manitoba may be reviewed by either party whether or not they have an interest in the
project as defined by the Agreement. Neither Canada or Manitoba gives up any jurisdiction,
right, power, privilege, prerogative or immunity.
International Agreements/Treaties
United Nations Convention on Environment Impact Assessment in a Trans-boundary
Context (1991)- This United Nations convention establishes an environmental impact
assessment procedure that permits public participation on both sides of the boundary and
preparation of an environmental impact assessment document. The convention outlines
procedures for notification, preparation of the environmental impact assessment document,
consultation, decision making, and issues related to the convention itself. Although specific
project activities are listed in the appendix any project likely to cause a significant adverse transboundary impact should be reviewed.
Boundary Waters Treaty (see Canadian Federal Regulations)
235
APPENDIX N: Manitoba Water Related Laws and Regulations
236
Manitoba Water Related Laws and Regulations
The Water Resource Administration Act- The Water Resource Administration Act establishes
the Lieutenant Governor in Council’s authority to designate any water control work, natural
water channel or lake as a provincial waterway. The Minister is authorized to manage and
administer all those matters that relate to the construction or operation of water control works
and matter dealt with under The Diking Authority Act, The Ground Water and Water Well Act,
The Water Power Act, and The Water Rights Act.
This Act also sets out prohibitions of use within designated flood areas. Within designated flood
areas, it makes the requirement for a permit to be issued that authorizes the occupation and
construction of building, and states that the permit can contain terms and conditions that are
consistent with existing and the new proposed “Designated Flood Area Regulation”.
The Water Rights Act- All property in an all right to the use or diversion of all surface and
ground water is vested in the Crown in the right of Manitoba. the use or diversion of water; or
construction, establishment or maintenance of works requires a license issued under The Water
Rights Act. Water is allocated on a “first in time, first in right” principle. Priorities of purpose
have been established to address situations with identical submission dates. The highest priority
is domestic use followed by municipal, agricultural, industrial, irrigation and other purposes.
Diversions include drainage of agricultural land and flood control works. The Act also provides
for a reservation to be placed on unlicensed water and for agreements or arrangements to be
entered into regarding interprovincial boundary waters.
The Water Power Act-Jurisdiction over water power and any lands required for its creation,
development or protection is addressed in The Water Power Act. Ministerial approval is
required to divert,use or store water for power purposes and for activities that impact water
within a water power reserve.
The Ground Water and Water Well Act- Licensing of all person engaged in the business of
drilling water wells is provided for under The Ground Water and Water Well Act. The Act
provides the legal right to limit flow from wells to protect the aquifer. Specifications, standards
and safety procedures for wells and well drilling are prescribed in the regulation.
The Diking Authority Act-The Diking Authority Act gives the City of Winnipeg authority and
control over dikes and pumping stations constructed for the protection of property during periods
of flood in the Red River, Assiniboine River or Seine River. Supervision of administration of the
Act is provided by The Diking Commissioner who is a member of The Water Resource Branch.
237
The Water Commission Act- This Act establishes five member commission to study projects,
problems and schemes referred by the Minister. The commission prepares a report and makes
recommendations designed to secure the maximum benefits from the use, allocation and
conservation of water. In 1997, the Manitoba Water Commission conducted and independent
review of actions taken during the 1997 Red River flood for the Minister of Natural Resources.
The Water Supply Commission Act- Establishment of a water commission area, known as a
water district, and a water commission for each district, is provided for in The Water Supply
Commission Act. The Commission is responsible for preparing schemes for supply the water
commission area with an adequate and reliable permanent supply of water relative to the control
and use of the water resources available. Currently there is the Souris River Water Commission
and the Lower Red River Valley Water Commission. Both act in an advisory capacity only.
The Endangered Species Act- This Act ensures the protection and enhances the survival of
endangered and threatened species and their habitat. The Act prevents the destruction,
disturbance or interference of their habitat and the damage, disturbance, obstruction or removal
of a natural resource on which an endangered or threatened species depends on for its life and
propagation.
The Wildlife Act- This Act authorizes the Province of Manitoba to: designate special areas for
the better management, conservation and enhancement of the wildlife resources; simulate what
constitutes an offence, and determine licensing, permit and enforcement provisions.
Authorization is required, in the form of a license or permit, to destroy or damage habitat on
Crown lands or to wilfully destroy the nest or eggs of any game bird or bird listed in the
schedule.
The Manitoba Habitat Heritage Act- Establishment of The Manitoba Habitat Heritage
Corporation is provided for The Manitoba Habitat Heritage Act. The Corporation is responsible
for conservation, restoration and enhancement of fish and wildlife habitat and populations on
Crown land and private land by agreement with the owner.
The Crown Lands Act- Crown lands are managed and administered under The Crown Lands
Act. The Act provides for the sale, lease, permitting, licensing, enforcement and reservations for
specific departmental and government programs. Out of every disposition of Crown land there is
reserved to the Crown, in the case the land extends to the shores of any navigable water or an
inlet thereof or to the boundary line between Canada and the United States, a strip of land one
and one-half chains in width measured form ordinary high mark or from the boundary line.
Agricultural disposition of Crown lands is administered by The Department of Agriculture.
238
The Provincial Parks Act- This Act provides the authority to establish lands as provincial
parks. In accordance with parks classifications and land use categories, the purpose may be to
conserve ecosystems and maintain biodiversity. Regulations have been developed respecting the
protection and use of water, interference with drainage patterns and pollution of water.
The Sustainable Development Act- Sustainable development will be implemented in the
provincial public sector and promoted in the private industry and in society through the
framework created in The Sustainable Development Act. The government will address
sustainable development through development of new legislation, revision of existing legislation
and development or reporting requirements for department, Crown agencies and provincial
public sector organizations. The framework created in the Act provides for a; Manitoba Round
Table for Sustainable Development, Sustainable Development Coordination Unit, Sustainable
Development Strategy, Code of Practice and Sustainable development Innovation Fund.
The Environment Act- The intent of The Environment Act is to provide for: environmental
assessment of projects which are likely to have significant effects on the environment;
development and implementation of standards and objectives for environmental quality; and
development of environmental management strategies and policies for the protection,
maintenance, enhancement and restoration of environmental quality. There are three classes of
environmental assessments, dependent on the size of the project, each with their own set of
licensing criteria.
The Dangerous Goods Handling and Transportation Act- This Act establishes controls over
all aspects of dangerous goods affecting the environment and/or public health with an emphasis
on standards for handling, disposal of hazardous wastes, environmental accident response and
highway transportation.
The Manitoba Water Services Board Act- This Act provides for the establishment of The
Manitoba Water Services Board. The Board’s objective is to provide for the development and
maintenance of water and sewage treatment facilities and the related infrastructure in agricultural
and rural areas. Services are delivered through municipalities or water districts.
The Conservation Districts Act- The purpose of The Conservation Districts Act is to provide
for the conservation, control and prudent use of resources through the establishment of
conservation districts and to protect the correlative rights of owners. A municipality or group of
municipalities may form a Conservation District. Each management plan developed by the
Conservation District Board must comply with The Water Rights Act, The Land Rehabilitation
Act and The Planning Act. Programs may address soil conservation, water management and
storage, and land drainage.
239
The Municipal Act- This Act provides for the formation of a municipality, it’s council and the
jurisdiction under which it governs. With respect to water, a municipality may pass by-laws
regarding drains and drainage on private or public property.
The Planning Act- This Act provides for the development of Provincial Land Use Policies,
establishment of special planning areas and planning districts and provides for the development
of basic planning statements, development plans and zoning by-laws. Special planning areas are
designated for the protection and conservation of natural resources such as lakes, rivers and
shore lands.
The Department of Agriculture Act- This Act allows the Department of agriculture to institute
and carry out programs, projects and undertaking relating to any aspect of Agriculture or of rural
communities. The Department of Agriculture and Natural Resources cooperate in matters of
land drainage, irrigation and rural water supplies.
The Highways and Transportation Department Act- This allows the Department of
Highways and Transportation, with consent of the Minister of Agriculture, to construct, maintain
and acquire land for the purpose of drains draining water from departmental roads.
The Heritage Resource Act- Under The Heritage Resource Act sites considered of heritage
significance may be designated either as a provincial or municipal heritage site and provided
protection through the issuance of a heritage permit or a municipal permit respectively. Within a
heritage site, before commencing proposed works, activity, development or project, an
application must be submitted for heritage permit. The proponent may be required to submit a
heritage resource impact assessment and/or development plan.
The Public Health Act- The development of regulations and orders respecting; sewer treatment
systems; construction, maintenance and purification of water systems and supplies; and
preventing pollution of wells, underground waters; and springs, is provided for in The Public
Health Act.
The City of Winnipeg Act- The City of Winnipeg Act stipulates the power and authority under
which the City of Winnipeg is governed. With regards to water related issues, the city has full
authority concerning protection against floods, construction and maintenance of drains and
watercourses and pollution thereof.
240
APPENDIX O: Towns and Cities Located in the Red River Basin
241
Towns and Cities Located in the Red River Basin
Minnesota Towns and Cities in the Red
River Basin
Ada
Detroit Lakes Gonvick
Alvarado
Dilworth
Goodridge
Argyle
Donaldson
Graceville
Audubon
Donnelly
Greenbush
Lake Park
Lancaster
Lengby
Leonard
Badger
Bagley
Plummer
Ponemah
Redby
Red Lake
Red Lake
Falls
Richville
Vergas
Viking
Vining
Warren
Wheaton
White Earth
Winger
Wolverton
Grygla
Gully
Little Rock
McIntosh
Barnesville
Battle Lake
Bejou
Beltrami
Blackduck
Borup
Breckenridge
Brooks
Callaway
Campbell
Doran
Dumont
East Grand
Forks
Elbow Lake
Elizabeth
Erhard
Erskine
Felton
Fergus Falls
Fertile
Fisher
Fosston
Hallock
Halma
Halstad
Hawley
Hendrum
Henning
Herman
Hitterdal
Holt
Humboldt
Mahnomen
Mentor
Middle River
Moorhead
Nashua
Naytahwaush
Newfolden
Nielsville
Norcross
Northome
Clearbrook
Climax
Clitherall
Comstock
Crookston
Foxhome
Frazee
Funkley
Gary
Georgetown
Ogema
Oklee
Oslo
Pelican Rapids
Perham
Dent
Glyndon
Johnson
Karlstad
Kelliher
Kennedy
Kent
Lake
Bronson
Roseau
Rothsay
Sabin
St. Hilaire
St. Vincent
Shelly
Stephen
Strandquist
Strathcona
Tenney
Thief River
Falls
Tintah
Trail
Twin Valley
Ulen
Perley
Underwood
Roseau River
IRA
Steinback
Waubun
Wendell
Manitoba Towns and Cities in the Red River
Basin
Altona
Emerson
Beausejour
Gretna
Niverville
Notre Dame
Des
Roseau River IR2 Stonewall
Stony
Boissevain
Killarney
Lourdes
Selkirk
Mountain
Swan Lake
Carman
Manitou
Pilot Mound St. Claude
IR7
St. PierreCartwright
Morden
Plum Coulee Jolys
Teulon
Crystal City
Morris
Roblin
Ste. Anne
Treherne
North Dakota Towns and Cities in the Red
242
Winkler
Winnipeg
River Basin
Abercrombie
Adams
Alice
Alsen
Amenia
Anamoose
Aneta
Ardoch
Argusville
Arthur
Ayr
Balta
Barney
Bathgate
Binford
Bisbee
Briarwood
Brinsmade
Brocket
Buffalo
Buxton
Calio
Calvin
Cando
Canton City
Casselton
Cavalier
Churchs
Ferry
Clifford
Cogswell
Colfax
Conway
Cooperstown
Courtenay
Crary
Crystal
Davenport
Dazey
Devils Lake
Drayton
Dwight
Edinburg
Edmore
Egeland
Elliott
Emerado
Enderlin
Esmond
Fairdale
Fairmount
Fargo
Fingal
Finley
Fordville
Cayuga
Christine
Forest River
Forman
Fort Ransom
Fort Totten
Frontier
Galesburg
Gardner
Gilby
Glenfield
Goodrich
Grafton
Grand Forks
Grandin
Great Bend
Gwinner
Hamilton
Hampden
Hankinson
Hannaford
Hannah
Hansboro
Harvey
Harwood
Hatton
Havana
Hillsboro
Hoople
Hope
Horace
Hove Mobile
Park
Hunter
Inkster
Kathryn
Kindred
Knox
Lakota
Langdon
Lankin
Larimore
Lawton
Leal
Leeds
Leonard
Lidgerwood
Lisbon
Loma
Luverne
McClusky
McHenry
McVille
Maddock
Mantador
Manvel
Mapleton
Martin
Mayville
Maza
Michigan City
Minnewauka
n
Minto
Mooreton
Mountain
Munich
Mylo
Neche
Nekoma
Niagara
Nome
North River
Northwood
Oberon
Oriska
Osnabrock
Oxbow
Page
Park River
Pekin
Pembina
Perth
Petersburg
Pillsbury
Pisek
Portland
Prairie Rose
Reile's Acres
Milnor
Milton
Reynolds
Rocklake
South Dakota Towns in the Red River Basin
New
Effington
Britton
Veblen
Rosholt
Victor
Kidder
White Rock
Claire City
Hammel
243
Rogers
Rolla
Rutland
St. John
St. Thomas
Sanborn
Sarles
Sharon
Sheldon
Sheyenne
Sibley
Starkweather
Thompson
Tolna
Tower City
Valley City
Wahpeton
Walcott
Wales
Walhalla
Warwick
West Fargo
Wimbledon
Wolford
Wyndmere
York
APPENDIX P: Institutional Task Force Members
Institutional Task Force members include:
Linda Weispfenning, Task Force Chairperson
North Dakota State Water Commission
900 East Boulevard
Bismarck, ND 58505
Larry Whitney
Manitoba Department of Natural Resources
Box 11
200 Saulteaux Crescent
Winnipeg, MB R3J 3W3
Brian Dwight
Minnesota Board of Water and Soil Resources
3217 Bemidji Avenue N.
Bemidji, MN 56601
Michael Kotchman
12989 92nd St. NE
Cavalier, ND 58220
Ken Madison
South Dakota Department of Environment and Natural Resources
913 5th Street SE
Watertown, South Dakota 57201
245

Water Instituions Appendices

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