2018-04-11 CC Packet - Laserfiche WebLink

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Background information Related to HF 2687/SF 2419 Clarifying Public Waters and Public Drainage System Laws Stormwater conveyance in the Rice Creek Watershed is limited. Much of the existing conveyance consists of public drainage systems(ditches and tiles)that were established in the late-1800s to mid- 1900s. These drainage systems initially tied together large areas of low,wet ground to allow for the development of agriculture.They now serve as an outlet for urbanization and other development.These drainage systems are the only way stormwater can leave any residential and commercial areas. New development and re-development may be restricted if maintenance of these systems is impeded. In recent years,the DNR has changed its practices and has required that the RCWD go through a permitting process for drainage system repairs. The and has cooperated with the DNR, but this cooperation is expensive as it requires RCWD to increase its reliance on outside engineering and legal consultants. The DNR recently finalized new policy guidance dated February 28, 2018.Though we have concerns with the new guidance because it changes longstanding policies and imposes additional regulatory restrictions on drainage system repairs,we have yet to see whether application of the new guidance will substantially impact the timeliness and cost of repairs. It is the RC D's position that this proposed draft DNR policy goes beyond the authority granted by the legislature. The State enacted a number of laws related to water resources after the establishment of the public drainage systems in the Rice Creek Watershed. one of these laws required the inventory of public waters.With the public waters law, and more generally the state's water laws, was a commitment that these laws would not restrict existing rights'—including those related to the existence of and obligation to maintain public drainage systems. The public waters inventory was never intended to restrict the right to maintain existing drainage systems.The legislature specifically exempted repairs from DNR permitting';gave the DNR a mechanism to ensure proposed work qualified as a repair; and directed the DNR to provide for the lawful function of public drainage systems that affected public waters'.The DNR also adopted a rule exempting repairs from permittings and announced a policy in 1980 that stated repair of public drainage systems should be allowed without permits. More recent DNR practices have departed from the 1980 policy and its own rule. The agency has increasingly required permits,approvals, and conditions specifically contrary to current law and the 1980 policy, This has resulted in increased costs and delays for necessary repairs. The DNR is currently proposing a new policy that formalizes its current practices.The new guidance continues the current departure from historic practices but does address some of the concern sought to be corrected by the proposed legislation. ................................................................. Minn.Stat. § 105.39(1978),currently§103A.101 2 Minn.Stat. §103G.245 Minn.Stat. §103E.701 4 Minn.Stat.§ 103 .225 Minn.Rule part 6115.0200,subp.4 2 59