Minnesota Statutes 103G.561 – Statute of Limitations for Actions On Flowage Easements and Ordinary High-Water Levels
An action or proceeding that affects or seeks to adversely affect a perpetual flowage easement dedicated to the state for the use and benefit of the public as provided in section 103G.551, subdivision 2, or the maintaining or the right to maintain a reestablished natural ordinary high-water level above the natural ordinary high-water level of waters for which the state holds a perpetual flowage easement is barred unless the action or proceeding is commenced within one year from the date of the order of the commissioner determining the ordinary high-water level of the waters under section 103G.551, subdivision 5.
Terms Used In Minnesota Statutes 103G.561
- Commissioner: means the commissioner of natural resources. See Minnesota Statutes 103G.005
- Ordinary high-water level: means the boundary of water basins, watercourses, public waters, and public waters wetlands, and:
(1) the ordinary high-water level is an elevation delineating the highest water level that has been maintained for a sufficient period of time to leave evidence upon the landscape, commonly the point where the natural vegetation changes from predominantly aquatic to predominantly terrestrial;
(2) for watercourses, the ordinary high-water level is the elevation of the top of the bank of the channel; and
(3) for reservoirs and flowages, the ordinary high-water level is the operating elevation of the normal summer pool. See Minnesota Statutes 103G.005
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44