Terms Used In Minnesota Statutes > Chapter 103G > WATER DIVERSION AND APPROPRIATION

• Agricultural land: means : land used for horticultural, row, close grown, pasture, and hayland crops; growing nursery stocks; animal feedlots; farm yards; associated building sites; and public and private drainage systems and field roads located on any of the foregoing. See Minnesota Statutes 103G.005
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriating: means withdrawal, removal, or transfer of water from its source regardless of how the water is used. See Minnesota Statutes 103G.005
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Basin of origin: means the drainage basin of the Great Lakes, the Red River of the North, the Mississippi River, or the Missouri River. See Minnesota Statutes 103G.005
• Chair: includes chairman, chairwoman, and chairperson. See Minnesota Statutes 645.44
• Commissioner: means the commissioner of natural resources. See Minnesota Statutes 103G.005
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Constructed management facilities for stormwater: means ponds, basins, holding tanks, cisterns, infiltration trenches and swales, or other best management practices that have been designed, constructed, and operated to store or treat stormwater in accordance with local, state, or federal requirements. See Minnesota Statutes 103G.005
• Consumptive use: means water that is withdrawn from its source for immediate further use in the area of the source and is not directly returned to the source. See Minnesota Statutes 103G.005
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Majority: means with respect to an individual the period of time after the individual reaches the age of 18. See Minnesota Statutes 645.451
• Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
• Month: means a calendar month and "year" means a calendar year, unless otherwise expressed; and "year" is equivalent to the expression "year of our Lord. See Minnesota Statutes 645.44
• Municipality: means a home rule charter or statutory city. See Minnesota Statutes 103G.005
• Negative impact to surface waters: means a change in hydrology sufficient to cause aquatic ecosystem harm or alter riparian uses long term. See Minnesota Statutes 103G.005
• Once-through system: means a space heating, ventilating, air conditioning (HVAC), or refrigeration system used for any type of temperature or humidity control application, utilizing groundwater, that circulates through the system and is then discharged without reusing it for a higher priority purpose. 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

• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
• Personal property: All property that is not real property.
• Political subdivision: means a county, city, town, school district, or other local government jurisdiction to which the state provides state aids or on which the state imposes state mandates. See Minnesota Statutes 103G.005
• Project: means a specific plan, contiguous activity, proposal, or design necessary to accomplish a goal as defined by the local government unit. See Minnesota Statutes 103G.005
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
• Statute: A law passed by a legislature.
• Sustainable diversion limit: means a maximum amount of water that can be removed directly or indirectly from a surface water body in a defined geographic area on a monthly or annual basis without causing a negative impact to the surface water body. See Minnesota Statutes 103G.005
• Trustee: A person or institution holding and administering property in trust.
• Violate: includes failure to comply with. See Minnesota Statutes 645.44
• Water basin: means an enclosed natural depression with definable banks, capable of containing water, that may be partly filled with waters of the state and is discernible on aerial photographs. See Minnesota Statutes 103G.005
• Waters of the state: means surface or underground waters, except surface waters that are not confined but are spread and diffused over the land. See Minnesota Statutes 103G.005
• Watershed: means the 81 major watershed units delineated by the map, "State of Minnesota Watershed Boundaries - 1979. See Minnesota Statutes 103G.005
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.