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Show MINNESOTA 411 organization and powers of such districts have been considered by the State supreme court.23 3. Surface Waters 3.1 Method of Acquiring Rights Riparian water rights are acquired, of course, by the purchase of property contiguous to a stream or other body of water. More compli- cated is the acquisition of water use permits. To acquire a statutory water permit,24 an application must be sub- mitted to the commissioner of natural resources, accompanied by maps, plans, and specifications describing the proposed appropriation or use of the water and such other data as the commissioner may require. If the proposed use is within a watershed district or a munic- ipality, a copy of the application, together with the plans and specifi- cations, are to be sent to the managers of the district or the executive officer of the municipality. The commissioner will neither grant nor reject the application before securing a written recommendation from the managers of the district or the executive officer of the municipality. The commissioner is required to act on an application within 20 days after the application and all required data are received. Al- though a hearing on the application may be held, it is not mandatory, unless the applicant or some other interested party files notice de- manding a hearing. Notice of a hearing must be published once a week for 2 consecutive weeks in a newspaper in the county in which the affected water is located, and notice must be mailed to the proper official of any county or municipality affected. If the commissioner concludes from all of the evidence of the hear- ing that the planned appropriation provides for the most practical use of the water and will adequately protect public safety and pro- mote the public interest, he must grant the permit. If he concludes that the proposed use is "inadequate, wasteful, dangerous, or imprac- tical, or detrimental to the public interest," 25 he must reject the ap- plication or require an appropriate modification of the proposed plan. Any party in interest may appeal a decision of the commissioner to the district court of the county in which the project is wholly or partially located at any time within 30 days after notice of the com- missioner's determination is received. If an appeal is perfected, the matter is tried on the record, and the findings of fact by the commis- sioner are prima facie evidence of the matters stated therein, and his orders are deemed prima facie reasonable. A few miscellaneous matters should be noted. In addition to per- mits for the right to appropriate or use public waters, permits must be acquired to construct, reconstruct, remove, or abandon or make any change in any reservoir, dam, or waterway obstruction in any public water.26 Permits must also be acquired to change or diminish the course, current, or cross section of any public water. An applica- 23 Lens v. Coon Greek Watershed Dist., 278 Minn. 1, 153 N.W. 2d 209 (1967). 24 Sees. 105.44, 105.45, 105.47. 25 Sec. 105.45. 2a Sec. 105.42. |