Minnesota Administrative Rules

6115.0740 WATER USE CONFLICTS.

Subpart 1.

Conflict defined.

For the purpose of these rules a conflict occurs where the available supply of waters of the state in a given area is limited to the extent that there are competing demands among existing and proposed users which exceed the reasonably available waters. Existing and proposed appropriations could in this situation endanger the supply of waters of the state so that the public health, safety, and welfare would be impaired.

Subp. 2.

Procedure.

Whenever the total withdrawals and uses of ground or surface waters would exceed the available supply based on established resource protection limits, including protection elevations and protected flows for surface water and safe yields for groundwater, resulting in a conflict among proposed users and existing legal users the following shall apply:

A.

In no case shall a permittee be considered to have established a right of use or appropriation by obtaining a permit.

B.

The commissioner shall analyze and evaluate the following:

(1)

the reasonableness for use of water by the proposed and existing users;

(2)

the water use practices by the proposed and existing users to determine if the proposed and existing users are or would be using water in the most efficient manner in order to reduce the amount of water required;

(3)

the possible alternative sources of water supply available to determine if there are feasible and practical means to provide water to satisfy the reasonable needs of proposed and existing users.

C.

If conflicts can be resolved by modifying the appropriation of the proposed and existing users, the commissioner shall do so.

D.

If conflicts cannot be resolved through modification of proposed and existing permits the commissioner shall base the decision regarding issuance of new applications and retention, modification, or termination of existing permits on the basis of existing priorities of use established by the legislature as follows:

(1)

If the unresolved conflict involves users who are or would be in the same priority class, the commissioner shall require the proposed users and existing permitted users to develop and submit a plan which will provide for proportionate distribution of the limited water available among all users in the same priority class. The commissioner shall withhold consideration of new applications and shall, if the existing permitted appropriations endanger the supply of waters of the state, suspend or limit existing permits until a plan is approved by the commissioner.

The plan must include proposals for allocating the water which address the following: possible reduction in the amounts of appropriation so that each user would receive a proportionate amount of water for use; and possible restrictions in the timing of withdrawals so that each user would be allowed to withdraw a proportionate share of water for use over certain periods of time.

If the commissioner approves the proposed plan, new permits will be issued and existing permits will be amended in accordance with that plan.

If the commissioner determines that the proposed plan is not practical or reasonable, the commissioner shall develop a new plan or modify the proposed plan to provide proportionate share of water among the users involved. The commissioner shall issue new permits and amend existing permits based on that plan.

(2)

If the unresolved conflict involves users who are or would be in a different priority class the available water supply shall be allocated to existing and proposed users based on the relative priority of use. Highest priority users shall be satisfied first. Any remaining available water supply shall be allocated to the next succeeding priority users, until no further water is available. Users in the same priority class shall be offered the same options as provided in subitem (1).

Subp. 3.

Notice and hearing.

All actions by the commissioner shall be made after notice and opportunity for public hearing.

Statutory Authority:

MS s 103G.315; 105.415

Published Electronically:

June 11, 2008