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Practice Of Real EstateState_specificMEDIUM

Thomas owns a farm in rural Minnesota and wants to divert water from a small creek running through his property to irrigate his crops. Under Minnesota law, what must Thomas obtain before he can legally divert this water?

Correct Answer

C) A water appropriation permit from the Minnesota Department of Natural Resources

Under Minn. Stat. § 103G.271, any person who appropriates or uses water from a public water source (including surface water such as streams) in excess of de minimis amounts must obtain a water appropriation permit from the Minnesota DNR. Agricultural irrigation that diverts water from a creek is a water appropriation subject to DNR permit requirements. The permit ensures the diversion is reasonable and does not harm other users or the environment.

Answer Options
A
A riparian use permit from his county assessor's office
B
Written consent from all downstream riparian landowners along the creek
C
A water appropriation permit from the Minnesota Department of Natural Resources
D
An easement recorded with the county recorder authorizing irrigation use

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Key Terms:

water_appropriation_permitminnesota_dnrirrigationsurface_water_diversion

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