1995-04-27_AgendaPacket - Laserfiche WebLink

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inter 1 5 ~ WATER TALK Page 15 Trout Str Battlement ...contlnuad hom ®14 Affer the Court issued its Order granting partial summary judgement in Plaintrffs favor, the parties stipulated to the following regarding the implementation of the order. 1. By February 1, 1945, the defendants shall prepare and provide to all county auditors for filing a restrictive legend for placement on or with the public waters inventory map of each county in Minnesota as follows: All natural and altered natural watercourses designated as trout streams by Minn. R. 6262.0400, subp. 4, or any successor rule of public waters within the regulatory jurisdiction of the Commissioner of the Minnesota Department of Natural Resources. Any party contemplating work in public waters as defined by Minnesota Statute section 103G.245 must obtain a public waters work permit. tt iS incumbent upon a person contemplating work in a natural or altered natural or altered watercourse to investigate whether said watercourse is designated as a trout stream by Minn. R. 6262.0400, subp. 4, or any successor rule, regardless of whether said natural or altered watercourse is depicted on the public waters inventory map. For further information contact the appropriate DNR Regional Office. 2. By December 1, 1996, DNR shall identify all natural and altered natural watercourses designated as trout streams by Minn. R. 6262.0400, subp. 4, or any successor rule, and shalt provide map(s) to be filed with the county auditor of each affected county showing any and ail natural or altered natural watercourses so identified. 3. Upon acceptance of this stipulation by the Court, this matter shall be dismissed with prejudice. Based on the parties Stipulation, the Court dismissed Minnesota Trout Unlimited's lawsuit with prejudice on December 20, 1994. The department met the February 1, 1995, deadline by modifying the existing PWI map legend and odding a legend addendum; copies of both were sent to all county auditors in the state. The department is now in the process of determining how to map the tributaries to the designated trout streams of the state which is due to be completed by December 1, 1996. Effective December 1,1994, The DNR- Division of Waters will be requiring protected waters permits on all DNR designated trout Streams and their tributaries. The permit requirement is the result of the court order. Any person contemplating work in the bed of a trout stream or a tributary of a trout stream should refer to Minn. Rule 6262.0400, subp.4. or the complete list of DNR designated trout streams and tributaries. For more detailed information please contact the appropriate Regional DNR office or Contact the Division of Waters Central Office in St. Paul.