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Show 408 MINNESOTA unless the use falls within one of the exceptions to the statute (dis- cussed in sees. 3.1 and 3.2 infra). A permit from the commissioner is also required before a dam or other waterworks can be built4 or before an installation for appropriating or using water can be modi- fied.5 Application must also be made with the commissioner for authority to establish the high-water level of any body of public water.6 In addition to these administrative tasks, the commissioner is re- sponsible for the development of a general water resources conserva- tion program for the State 7 and for promulgating and implementing shoreland conservation legislation (see sec. 2.3.b, infra). He also has authority to build and maintain dams and other waterworks on behalf of the State.8 The statutes provide for a division of waters, soils, and minerals within the department of natural resources and for the appointment of an engineer qualified in hydrologies as director,9 whose responsi- bilities are mainly limited to making surveys and other work of an engineering nature. While the commissioner of natural resources is the officer who ad- ministers the State's water laws, the water resources board has a major role in formulating State water policy. The board is composed of three members who are conversant with the water problems and conditions in the State and who are not otherwise officers or em- ployees of the State.10 The board acts as a forum where water prob- lems can be presented and discussed, and where a water policy can be established. On petition by the Governor, or by any party to a water proceeding, or by any State or Federal agency, or by any district court, the board has authority to decide questions of water policy with regard to the use, disposal, pollution, or conservation of water.11 The board holds hearings on the questions involved and submits its written recommendations to the agency or court involved, and these recommendations are received in evidence in any subsequent proceed- ing or on judicial review.12 2.2 Resolution of Water Use Conflicts Minnesota has no State administrative procedures designed to re- solve conflicts between water users. Resolution of water use conflicts and disputes has been a matter of judicial decision in litigation aris- ing between individuals over the right to use water or to dispose of excess water. The permit system does not provide for an administrative settling of disputes between permittees, or between permit rights and riparian rights, and the Minnesota Supreme Court has held that a statute which requires a permit to be obtained before one may change the flow of a stream is not designed to protect private rights, and so it * Sec. 84.042. 5 Sec. 105.41. 8 Sec. 105.43. ?Sec. 105.39(1). 8 Sec. 105.48. 9 Sec. 105.40. 10 Sec. 105.71. u Sees. 105.75 and 105.751. 32 Sec. 105.77. |
