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[co-author: Nathan Coulter]
The Minnesota Court of Appeals (“Court”) addressed whether an unnamed public water course was properly included on the State of Minnesota’s Public Waters “Inventory List.” See In re Big Stone Cty. Request for Review of Pub. Watercourse-Section 13, T 123 N, 46W, Almond Twp., No. A17-1255, 2018 WL 1145736, (Minn. Ct. App. Mar. 5, 2018), review denied (May 29, 2018).
The Court reviewed a prior determination by the Department of Natural Resources (“DNR”) that the watercourse (“Watercourse”) should be on the list.
The issue arose when a riparian landowner (“Haugen”) challenged the DNR’s initial 1979 designation that placed a Watercourse located in Big Stone County on a Public Water Inventory (“PWI”) listing. In re Big Stone Cty., 2018 WL 1145736, at *1. The PWI is a Minnesota registry for waters and wetlands that have been classified as public. Id.
In 1979 the Minnesota Legislature directed DNR to conduct an inventory of the state’s public waters and wetlands. It was then requested to designate those that were “public.”
Minnesota law provides a method for challenging watercourse designations. In re Big Stone Cty., 2018 WL 1145736, at *3. After a public comment period, designations may be modified, rejected, or approved by the commissioner of natural resources before being finalized and published in that county’s respective newspaper. Id. At this point, any party wishing to challenge the validity of the designation must file a petition through the commissioner within ninety (90) days of the publication. Id.
Haugen’s petition was not filed by the December 1980 deadline. Consequently, the Court found that “the DNR's decision that the petition [was] statutorily time-barred must be affirmed.” In re Big Stone Cty., 2018 WL 1145736, at *3. Haugen argued that the DNR was authorized by statute to make PWI revisions. Id. However, the Court rejected this assertion because, while the law may provide for discretionary modifications, the DNR was not compelled to exercise them. Id.
The Court dismissed remaining arguments that were raised for the first time on appeal and affirmed the initial determination supporting the Watercourse’s public designation. In re Big Stone Cty., 2018 WL 1145736, at *5.
A copy of the opinion can be found here.
