Agenda - Council Work Session - 02/23/2021

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127 MINNESOTA RULES 6115.1240 D. the landowner does none of the above, in which case the basin cannot be drained unless and until a new application for a permit to drain is submitted and the commissioner does not make an offer of indemnification. Subp. 8. Sale of basin to commissioner. If the landowner chooses to sell the basin and access area to the commissioner the landowner shall obtain from the county board of commissioners the approval to sell the property as required by Minnesota Statutes, section 97A.145. The commissioner must be supplied with a copy of the board's resolution and if the county board refuses approval, the applicant must select from among those options not requiring county board approval. This procedure does not apply in those counties where blanket approval to sell the property to the state has been granted to those landowners who are eligible for compensation under Minnesota Statutes, section 105.3 91, subdivision 3. Subp. 9. Recording and indexing documents. Water bank, lease, and easements obtained on an area shall be recorded and indexed in the office of the county recorder in the county where the basin lies. Statutory Authority: MS s 103F. 601; 103G.315; 105.392; 105.415 History: L 1986 c 386 art 1 s 28; 17 SR 1279 Published Electronically: June 11, 2008 6115.1230 EFFECTIVE DATE. These parts apply to applications for permits to drain received after the water basin involved has been designated a public water pursuant to Minnesota Statutes, section 103G.201, or has been identified as public waters or navigable waters by a district court or if appealed, by the state or federal supreme court. Statutory Authority: MS s 103F. 601; 103G.315; 105.392; 105.415 Published Electronically: September 10, 2018 6115.1240 PAYMENT RATES. Subpart 1. Water bank program. Annual payment rates for the state water bank program will be determined by multiplying the fair market value of the water basin and any adjacent lands by five percent. Subp. 2. Water basin and adjacent lands. Annual lease payments for the water basin and any adjacent lands will be based on a fair market rental rate. Subp. 3. Easements. Conservation restrictions in the form of easements will be established by an appraisal and their lengths will be subject to negotiation. Subp. 4. Other method of indemnification. The rate for any other method of indemnification that is agreed to will be negotiated with the landowner and judged on its merits based upon the proposed restrictions and their relationship to the other payment rates. Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.