Laserfiche WebLink
pubic ditch data with all public drainage authorities. This subset of the watercourses incorrectly <br />mapped on the PWI maps as public ditches are hereinafter referred to as the "subject <br />watercourses." <br />7. The subject watercourses had been depicted on the PWI maps with heavy <br />dashed lines because it was believed, based on data available at the time of the development of <br />the PWI, that they were part of public ditch systems and were also altered natural <br />watercourses within the definition of "public waters" under applicable law. See Minn. Stat. <br />§ 105.38, subd. 14(i) (1980) recodified in Minn. Stat. § 103G.005, subd. 15(9) (2016). <br />8. The DNR's determination that the subject watercourses were public ditches was <br />based on information then available from public drainage authorities and otherwise within <br />DNR's records at the time of the creation of the PWI maps and lists. <br />9. The determination that the subject watercourses were altered natural <br />watercourses within the definition of "public waters" under applicable law was based on the <br />same criteria applied to other watercourses evaluated for inclusion in the PWI—i.e., defined <br />bed and bank and drainage area greater than two square miles. See Minn. Stat. § 105.38, subd. <br />10 (1980) (defining "natural watercourse"), subd. 11 (1980) (defining "altered natural <br />watercourse") and subd. 14(i) (1980) (including natural watercourse and altered natural <br />watercourse with total drainage area in excess of two miles within statutory definition of <br />"public waters"). <br />10. The legend on the PWI maps notes that "Watercourses are identified with a <br />heavy, dark line" and that "Public Ditches are identified with a dashed line." Hence, the subject <br />watercourses, being identified at the time as public ditches and altered natural watercourses <br />were depicted on the PWI maps with heavy dashed lines. <br />11. The subject watercourses were included on the PWI maps developed in the <br />inventory process, but were not included in the PWI lists created as part of that process. The <br />subject watercourses, totaling approximately 640 miles, are located in 71 counties and are <br />identified in Exhibit A, which is attached hereto and incorporated herein by reference. <br />12. Because the subject watercourses were not identified on the PWI lists, <br />landowners did not necessarily know that these waters were, in fact, being designated as public <br />waters. Accordingly, landowners affected by inclusion of the subject watercourses in the PWI <br />did not have adequate notification regarding their opportunity to object or. request a hearing to <br />dispute subject watercourses proposed inclusion in the PWI. See 1979 Minn. Laws, ch. 199 § 7. <br />In addition, the preliminary PWI maps incorrectly identified these public waters as public <br />ditches that would be regulated by public drainage authorities. <br />13. The subject watercourses were included in the final PWI maps, but were not <br />included on the PWI lists when then -DNR Commissioner Joseph Alexander published the PWI <br />lists for each county. <br />