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Those protections include studying the environmental impacts of a project that would forever damage the last largely free-flowing stream in a County and cause continued damage to downstream communities,” said Elise Larson, senior water attorney for Minnesota Center for Environmental Advocacy (MCEA). “Today’s decision clearly establishes that all public waters are subject to protections of the state. As the county charged with reviewing the project to dredge Limbo Creek, Renville County must now study the environmental consequences and give Minnesotans the opportunity to weigh in on the future of this important waterway. It also means that the ditch project proposed for the waterway at the center of this case – aptly named Limbo Creek - must undergo environmental review before a decision can be made on permitting the project. The ruling today clearly establishes that waters that meet the statutory definition are protected, even if they are not listed on the PWI. Limbo Creek plainly meets the definition of a public water in statute, but due to a quirk in timing, it was omitted from the PWI when it was compiled in the 1980s. The precedential opinion extends protections to hundreds of miles of rivers and streams that meet the legal definition of “public waters,” but aren’t explicitly listed on Minnesota’s Public Waters Inventory (PWI).
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On October 4, 2021, the Minnesota Court of Appeals delivered a significant win for public waters across the state as well as Renville County’s last free-flowing stream, ruling that environmental review of a ditch proposal to channelize Limbo Creek is required because Limbo Creek is a “public water” entitled to protection.
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