Minnesota Administrative Rules
Agency 158 - Natural Resources Department
Chapter 6115 - PUBLIC WATER RESOURCES
STATE WATER BANK PROGRAM
Part 6115.1250 - TERMS FOR WATER BANK AND LEASE AGREEMENTS
Universal Citation: MN Rules 6115.1250
Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1. Agreement period and beginning date.
Agreement period and beginning date:
A. Eligible basins are placed in the state
water bank program for a period of ten calendar years and under a lease
agreement for, not to exceed, 20 calendar years.
B. The lease agreement is continuous and
shall transfer with the property if ownership changes during the time of the
lease agreement.
C. A water bank or
lease agreement finalized during the current calendar year shall be effective
January 1 of that year. Exception: in cases where compliance with the terms of
agreement cannot be rendered during the current calendar year, the beginning
date of the agreement shall be January 1 of the following year.
D. Water bank or lease payments for the first
year of an agreement will be made as soon as possible after an agreement has
been finalized. Payments for the duration of a water bank or lease agreement
will be made on or about August 1 of each continuous year thereafter.
Subp. 2. Terms.
Terms:
A.
Waterbasins. In return for receipt of an annual payment the landowner must
agree not to adopt any practice which would tend to defeat the purposes of the
agreement. At a minimum, the designated basin may not be:
(1) Drained, burned, filled, clipped, or
otherwise used in such a manner that would effect its wetland character.
Exception: noxious weeds may be controlled by the landowner by spot clipping
and spot spraying. If cutting is used the area should not be clipped closer
than six inches so as to protect nesting wildlife.
(2) Harvested for agricultural
purposes.
(3) Grazed.
(4) Used as a source of irrigation
water.
(5) Used as a receptacle for
draining other wetlands.
Exception: the commissioner may approve designated acreage to receive limited drainage waters if such use is in keeping with sound wetlands management and prescribed in a mutually agreed upon conservation plan.
B. Adjacent lands. On
finding it desirable the commissioner may mutually agree with the landowner
upon the amount and location of adjacent lands to include in the agreement. Up
to one acre of adjacent land may be obtained for each acre of water basin. The
commissioner may negotiate and outline a conservation plan for the water basin
and adjacent lands. Upon signing the agreement, the landowner shall agree to
effectuate the wetland conservation and development plan. Terms that may be
included are:
(1) development of food and/or
cover plots;
(2) specified planting
and harvesting dates;
(3) areas
desirable for permanent cover;
(4)
habitat improvement methods such as: clearing, tilling, reestablishment of
former wetlands or the creation of new wetlands, fencing to protect the
area;
(5) advice on conservation
and development practices; and
(6)
any other mutually agreed upon practice that would effectuate wetland
conservation and development.
Subp. 3. Signatures.
The agreement shall be on forms provided by the commissioner and shall be signed by the owner of the designated acreage, and the commissioner.
Statutory Authority: MS s 103F.601; 103G.315; 105.392; 105.415
Disclaimer: These regulations may not be the most recent version. Minnesota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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