Data Practices Act Requests
Procedure to Review MCWD Documents
Access to Minnehaha Creek Watershed District (MCWD) data is governed by the Data Practices Act (DPA), Minnesota Statutes Chapter 13. The DPA states data are available to the public unless subject to a DPA exception to protect individual privacy or another specific public interest. MCWD makes its data available in accordance with the DPA. Where the DPA allows for the exercise of judgment, MCWD will exercise judgment consistent with the public interests underlying the law.
To ensure MCWD’s response to a data request is timely and complete, a request to inspect or receive copies of data, and all other inquiries regarding the DPA, must be submitted through the electronic form below, or otherwise delivered to MCWD in writing, by email, or mail, and addressed to the “Data Practices Compliance Official.” The Data Practices Compliance Official will help ensure documents of interest have been gathered, protected documents have been segregated, and assistance is available to the requester. MCWD will make requested data available for inspection at the MCWD Office, unless another method is requested and approved.
Process Timeline
The DPA requires data to be available for inspection or copying within a reasonable time after a request is received. MCWD will respond to requests as quickly as possible.
Response time will vary depending on the breadth of the request, the completeness and accuracy of the request, whether protected data need to be separated from public data, staff workload, and if the data need to be delivered elsewhere for copies to be made (e.g., oversize documents, tapes, electronic data).
Protected Data
If MCWD determines certain data are protected and cannot be made available for inspection or copying, it will inform the requester of the data’s DPA classification and the legal basis for denial of access. If requested, MCWD will certify this determination.
Data Request Costs
There is no cost to inspect documents at the MCWD Office. If an individual requests document copies, MCWD will charge 25 cents per page for up to 100 letter- or legal-sized black-and-white printed copies. There is no charge for electronic delivery of less than 100 pages or the equivalent (as determined by MCWD) of data. The requester is responsible for confirming receipt of electronic delivery. MCWD documents will not be certified as true and correct unless specifically requested. The certification fee is $1 per document or part thereof.
For oversize copies, tapes, electronic data, photographs, slides, and other formats, the requester will be responsible for the actual cost incurred by MCWD to make copies. There is no charge for electronic delivery of less than 100 pages of data or the equivalent (as determined by MCWD).
If an individual requests copies, or their electronic transmittal, of more than 100 pages of data, they are responsible for paying MCWD the actual cost, including the cost of staff time to search for and retrieve the data and to make, certify, compile, and transmit copies. Staff-time cost will be assessed based on established hourly rates (detailed in the table below). MCWD will not charge for staff or counsel time to separate public and protected data.
MCWD will provide the approximate number of pages included in a request or the estimated cost of responding to the request, if the requester asks for that information before copies of the data are made. MCWD may request payment, or a deposit based on estimated cost, before it prepares copies. Payment will be made via check or credit card.
When an individual asks for a copy of data that have commercial value and were developed with a significant expenditure of public funds by MCWD, the District may charge a reasonable fee that relates to the actual cost of developing the data. As a condition of making certain commercially valuable data available, MCWD may require the requester to first execute a license agreement that defines allowable use or further distribution.
The MCWD fee schedule is as follows:
| Fee Type | Cost |
| MCWD Professional Staff | $70.07 per hour |
| MCWD Administrative Staff | $50.74 per hour |
| Consulting Engineer/Technician | Contracted Rate |
| District Counsel | Contracted Rate |
| B&W Copy Costs (8½ x 11 page) | $0.25 + actual staff time |
| Color Copy Costs (8½ x 11 page) | $1.00 + actual staff time |
| Electronic Records | Cost of Production |
Submit a Data Request
DPA requests can be submitted by email, mail, or the electronic form below. MCWD will be able to most efficiently and completely respond to requests that are specific and detailed.
Contact MCWD’s Office Administrator with any questions.