Agenda - Council Work Session - 02/23/2021

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6115.1200 MINNESOTA RULES STATE WATER BANK PROGRAM 6115.1200 STATUTORY AUTHORITY AND PURPOSE. 122 These parts are promulgated under the authority of Minnesota Statutes, sections 103F.601, subdivisions 1 and 2, and 103G.315, subdivision 15. Their purpose is to implement and make specific the state water bank program and the indemnification process established by Minnesota Statutes, sections 103G.211 and 103G.221, for the purpose of compensating farmers for not converting certain kinds of wetlands to cropland. Statutory Authority: MS s 103F. 601; 103G.315; 105.392; 105.415 Published Electronically: June 11, 2008 6115.1210 DEFINITIONS. Subpart 1. Adjacent land. "Adjacent land" means any lands abutting a basin that is eligible for inclusion in the state water bank program. Subp. 2. Commissioner. "Commissioner" means the commissioner of the Department of Natural Resources or designated agents. Subp. 3. Drain. "Drain" means to conduct drainage activities that will remove or reduce the surface water from the basin. Acts constituting draining include, but are not limited to pumping, lowering the outlet, enlarging the outlet, tiling, or reducing the amount of water entering the basin. (Drainage does not include temporary water level reduction for conservation purposes.) Subp. 4. Fair market value. "Fair market value" is an estimate of a property's value based upon standard and accepted land appraisal methods. The appraisal for eligible wetlands will estimate the potential value of the area as agricultural cropland less the cost of drainage. Subp. 5. Less than 50 acres in area. "Less than 50 acres in area" means the area of a plane bounded by the ordinary high water mark which is a mark delineating the highest water level which has been maintained for a sufficient period of time to leave evidence upon the landscape. The ordinary high water mark is commonly that point where the vegetation changes from predominantly aquatic to predominantly terrestrial. Subp. 6. Professional soil classifier. "Professional soil classifier" is a person who qualifies as a professional soil classifier on the basis of criteria specified by the Minnesota Association of Professional Soil Classifiers. The requirements are a bachelor of science degree in soil science or adequate credits (15 semester or 23 quarter hours) in soil science, and four years of field experience in mapping soils. Subp. 7. Public waters. "Public waters" for the purposes of these rules means waters of the state so designated in a county by the process described in Minnesota Statutes, section 103G.201, and those waters that have been determined to be public waters or navigable waters by the district court or if appealed, by the state or federal supreme court. Statutory Authority: MS s 103F. 601; 103G.315; 105.392; 105.415 Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.