Agenda - Council Work Session - 02/23/2021

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47 MINNESOTA RULES 6115.0221 (8) restore the existing control elevation to a historic natural water elevation if detailed engineering surveys establish that the proposed control elevation does not exceed the estimated natural control elevation; and G. the construction or reconstruction of water level control structures or changing the level of an existing structure on watercourses shall be approved only to: (1) control and store flood waters; (2) improve water -based recreation; (3) create, improve, and maintain water supplies; (4) establish, improve, or maintain the generation of hydroelectric power; or (5) create, improve, or maintain aquatic habitat for fish and wildlife species. Statutory Authority: MS s 103 G. 315; 105.415 History: 8 SR 533; 25 SR 143; 27 SR 529 Published Electronically: June 11, 2008 6115.0221 SPECIFIC STANDARDS; WATER LEVEL CONTROLS. Subpart 1. Specific requirements. In addition to the general standards in part 6115.0220, subparts 2 to 5, specific requirements for water level control structures shall be met according to this part. Subp. 2. Permanent lake level control facilities. A. Permanent lake level control facilities shall be approved when the commissioner initiates proceedings for the purpose of conserving or utilizing the water resources of the state and assumes responsibility for operation and future maintenance, or when all of the following conditions are met: (1) the ordinary high water level and runout elevation of the water body have been determined by a detailed engineering survey, or by order of the commissioner following a public hearing; (2) the proposed facilities are "reasonably consistent with natural conditions": (a) where a functioning outlet existed in a state of nature or for a long period of time following lawful creation or alteration of an outlet by the activities of people or animals, or cataclysmic events, the proposed outlet is at essentially the same control elevation; (b) where no natural or artificial outlet exists and the lake is for all practical purposes "landlocked," the control elevation shall not be more than 1-1/2 feet below the ordinary high water level, unless the commissioner finds that: property; i. the control is necessary to prevent adverse impacts to the lake or adjoining Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.