Water law and Minnesota

Every Minnesota resident knows that Minnesota is the land of ten thousand lakes.  Water is a big part of every Minnesota resident’s life.  Families vacation at the lakeshore, go swimming in the lakes, go boating on the lakes and fish from the many bodies of water in Minnesota.  Minnesota wants to make sure the land of ten thousand lakes stays beautiful and the water stays clean for everyone to enjoy.

Water law seeks to protect the cleanliness and usefulness of Minnesota’s bodies of water and make sure all Minnesota residents have clean water.  Water is not just a natural resource for Minnesotans to enjoy.  Water it is also vital to Minnesota’s economy given the number of visitors to the lakes every year.  The economy of Minnesota depends on these visitors who come to stay in vacation homes on the water making water law an important part of Minnesota law. 

Minnesota residents have been asked in the past to conserve water.  All Minnesotans should have an understanding of the importance of water laws and what some of the terms mean.  Water law encompasses public waters, such as lakes and rivers.  Water law also includes other sources of water that most people would not think of immediately, such as ground water which is typically underground.  Additionally, water law encompasses places like fisheries which breed fish to stock lakes and sell fish to local grocery stores.  Water law also covers water projects to bring water to housing projects and determines the permitting process for water rights.  Water law even covers treaties made with Native Americans many years ago and how they are interpreted. 

In Minnesota, there are several laws that cover water rights.  Water rights are often referred to as riparian rights.  Water rights affect anyone who owns property at the lakeshore.  These rights include the right to have a dock on the property, the right to fish, the right to hunt and the right to swim in the water.  Water laws also protect the public by requiring that lake areas have a public road allowing access to it for the public.  Additionally, lakeshore home owners are forbidden from draining, fencing off or diking off any part of the water, which can affect the lake. 

Minnesota also follows the Correlative Use Rule with regards to water.  The Correlative Use Rule states that the authority to allocate water rights is held by the courts.  This rule mostly applies to ground water which is often found underground.  It states that the power lies with the court system to allocate water permits in the public’s interest and the interest of private water used.  The Correlative Use Rule recognizes that owners and non-owners of water have equal rights to reasonable use of groundwater. 

All Minnesota residents enjoy use of the water for boating, fishing and swimming.  Water law helps protect all residents and visitors to this beautiful state of ten thousand lakes.  Minnesota has made a serious commitment to protect the water so everyone can enjoy the lakes, residents and visitors alike.