Terms Used In Minnesota Statutes > Chapter 103G - Waters of the State

• Abandon: means to give up the use and maintenance of structures or improvements to realty and to surrender them to deterioration. See Minnesota Statutes 103G.005
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• 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
• Amortization: Paying off a loan by regular installments.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• 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
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
• 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
• Board: means the Board of Water and Soil Resources. See Minnesota Statutes 103G.005
• Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
• 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
• Continuance: Putting off of a hearing ot trial until a later time.
• Conviction: A judgement of guilt against a criminal defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Dependent: A person dependent for support upon another.
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Devise: To gift property by will.
• Director: means the director of the Division of Ecological and Water Resources of the Department of Natural Resources. See Minnesota Statutes 103G.005
• Division: means the Division of Ecological and Water Resources of the Department of Natural Resources. See Minnesota Statutes 103G.005
• Ecosystem harm: means to change the biological community and ecology in a manner that results in loss of ecological structure or function. See Minnesota Statutes 103G.005
• Electronic transmission: means the transfer of data or information through an electronic data interchange system consisting of, but not limited to, computer modems and computer networks. See Minnesota Statutes 103G.005
• 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}
• estimated market value: has the meaning given in section 273. See Minnesota Statutes 645.44
• 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.
• Ex officio: Literally, by virtue of one's office.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Hayland: means an area that was mechanically harvested or that was planted with annually seeded crops in a crop rotation seeding of grasses or legumes in six of the last ten years prior to January 1, 1991. See Minnesota Statutes 103G.005
• In-lieu fee program: means a program in which wetland replacement requirements of section 103G. See Minnesota Statutes 103G.005
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local government unit: means :

  (1) outside of the seven-county metropolitan area, a city council, county board of commissioners, or a soil and water conservation district or their delegate;

  (2) in the seven-county metropolitan area, a city council, a town board under section 368. See Minnesota Statutes 103G.005

• Minor: means an individual under the age of 18. See Minnesota Statutes 645.451
• Minority: means with respect to an individual the period of time during which the individual is a minor. 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
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipality: means a home rule charter or statutory city. See Minnesota Statutes 103G.005
• Natural watercourse: means a natural channel that has definable beds and banks capable of conducting confined runoff from adjacent land. 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
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• 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.
• Pasture: means an area that was grazed by domesticated livestock or that was planted with annually seeded crops in a crop rotation seeding of grasses or legumes in six of the last ten years prior to January 1, 1991. See Minnesota Statutes 103G.005
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Presettlement wetland: means a wetland or public waters wetland that existed in this state at the time of statehood in 1858. 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
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public waters: means :

  (1) water basins assigned a shoreland management classification by the commissioner under sections 103F. See Minnesota Statutes 103G.005

• Public waters wetlands: means all types 3, 4, and 5 wetlands, as defined in United States Fish and Wildlife Service Circular No. See Minnesota Statutes 103G.005
• Quorum: The number of legislators that must be present to do business.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Remand: When an appellate court sends a case back to a lower court for further proceedings.
• Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• Service of process: The service of writs or summonses to the appropriate party.
• Shallow lake: means a body of water, excluding a stream, that is greater than or equal to 50 acres in size and less than or equal to 15 feet in maximum depth. See Minnesota Statutes 103G.005
• Shoreland wetland protection zone: means :

  (1) for local government units that have a shoreland management ordinance approved under sections 103F. See Minnesota Statutes 103G.005

• Small business: means a business entity organized for profit, including but not limited to any individual, partnership, corporation, joint venture, association or cooperative, which entity:

  (1) is not an affiliate or subsidiary of a business dominant in its field of operation; and

  (2) has 20 or fewer full-time employees; or

  (3) in the preceding fiscal year has not had more than the equivalent of $1,000,000 in annual gross revenues; or

  (4) if the business is a technical or professional service, shall not have had more than the equivalent of $2,500,000 in annual gross revenues in the preceding fiscal year. See Minnesota Statutes 645.445

• Statute: A law passed by a legislature.
• Subpoena: A command to a witness to appear and give testimony.
• Summons: Another word for subpoena used by the criminal justice system.
• 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
• Tax: means any fee, charge, exaction, or assessment imposed by a governmental entity on an individual, person, entity, transaction, good, service, or other thing. See Minnesota Statutes 645.44
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
• Utility: means a sanitary sewer, storm sewer, potable water distribution, and transmission, distribution, or furnishing, at wholesale or retail, of natural or manufactured gas, electricity, telephone, or radio service or communications. See Minnesota Statutes 103G.005
• Verdict: The decision of a petit jury or a judge.
• 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
• Wetland type: means a wetland type classified according to Wetlands of the United States, United States Fish and Wildlife Service Circular 39 (1971 edition), as summarized in this subdivision. See Minnesota Statutes 103G.005
• Wetlands: means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. See Minnesota Statutes 645.44
• Wetlands: means lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. 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.