Minnesota Administrative Rules

6115.0750 PROVISIONS AND CONDITIONS OF WATER APPROPRIATION PERMITS.

Subpart 1.

In general.

Water appropriation permits shall include the following provisions and conditions, unless otherwise required by law.

Subp. 2.

Term of permits.

Permits shall be issued for temporary or for long-term appropriation.

Temporary permits involve a one-time, limited life, not more than 12 months, nonrecurring appropriation of waters of the state, such as for highway construction, exploratory drilling for minerals, hydrostatic testing of pipelines and other short-term projects. Requested time extensions shall be permitted, but in no case shall the total length of time the permit remains in force exceed two years.

Long-term permits will remain in effect subject to applicable permit provisions and conditions of the permit, the law, and these parts, provided that in cases where the permittee is not the landowner of record, the term of the permit shall be the same as that of the property rights or license held.

Subp. 3.

Monitoring.

Monitoring:

A.

All permittees shall measure and keep monthly and yearly records of the quantity of water used or appropriated at the point of taking from each source under permit.

B.

Each installation for appropriating or using water shall be equipped with a device or employ a method to measure the quantity of water appropriated to within ten percent of actual withdrawal.

The commissioner shall determine the method to be used for measuring water appropriated based on: the quantity of water appropriated or used; the source and location of the appropriation; the method of appropriating or using water; other facts supplied by the permittee.

The commissioner shall require flow meters to be used whenever the rate of appropriation is greater than 1,500 gallons per minute, unless the permittee can show justification why flow meters cannot practically be used or are not necessary considering the factors contained in the two preceding paragraphs. Such justification must be supported by facts which indicate the technical difficulties which would be encountered if flow meters were required.

C.

For surface water appropriations, where applicable, the permittee shall measure flows or levels in the watercourse or basin at a specific gauge designated by the commissioner and located within the area of appropriation. The commissioner shall require permittees to pay necessary costs of establishing and maintaining such gages as provided in parts 6115.0010 to 6115.0100, rules for permit fees.

For groundwater appropriation, the commissioner, based on availability of hydrologic data on the aquifer involved, frequency and rate of pumping, and probability of conflict or well interference, shall require the permittee to measure and keep records of the water levels in each production well at reasonable times prescribed in the permit. Observation wells may be required as a condition of the permit to better evaluate hydrologic conditions and effects in areas where hydrologic data are unavailable, where probable conflict or well interference problems may occur and where such wells are required by law.

Subp. 4.

Reporting.

Annual calendar year monthly records of the amount of water appropriated or used and the water level measurements shall be recorded for each installation. Such readings and the total amount of water appropriated and used shall be reported annually to the commissioner, on or before February 15 of the following year upon forms to be supplied by the commissioner unless otherwise specified in the permit.

Such records shall be submitted with an annual water appropriation processing fee as required by Minnesota Statutes, sections 103G.271, subdivision 6, and 103G.281, subdivision 3, for each permit whether or not any water was appropriated during the year.

Additional information shall be required such as acreage irrigated, identification of water disposal sites, and amount of water discharged, when necessary for the statewide water information system (Minnesota Statutes, section 103G.275, subdivision 2).

Failure to report and pay the fee shall be sufficient cause for terminating a permit 30 days following written notice by the commissioner of the violation of the permit.

No fee is required from any state agency as defined in Minnesota Statutes, section 16B.01, subdivision 2, or any federal agency.

Subp. 5.

Amendments to permits.

Amendments to permits:

A.

Major modification of any water appropriation permit shall not be made before obtaining the written permission from the commissioner. Major modification includes changes such as substantial increase or decrease in the rate and quantity of water withdrawn, any change in source of appropriation or substantial change in the amount of land irrigated, when applicable.

Request for amendment can be made by letter or on forms supplied by the commissioner. New applications shall be required when there are changes in the source of supply, the purpose of appropriation, or when the proposed increases in rates and amounts of water would probably create conflict or well interference.

Requests for amendments shall be reviewed as if they were for a new application, subject to provisions of parts 6115.0600 to 6115.0800.

B.

Pursuant to authority in Minnesota Statutes, section 103G.315, subdivision 11, the commissioner may modify or amend any existing permits based on the following procedures and the criteria in parts 6115.0670 to 6115.0720, where applicable.

The commissioner shall notify the permittee of the intent to amend the permit. The notice will include details on modifications to be implemented by the permittee and the timing to complete the modifications.

The permittee shall respond within 30 days from receipt of the notice. Such response period shall be thereafter extended by the commissioner for good cause shown.

If no response is received in 30 days and no extension of response time is authorized by the commissioner, the proposed amendments shall be made.

The commissioner based on the permittee's response and the criteria established in these rules shall either modify the proposed amendment or adopt the original proposed amendment.

C.

All amendments and modifications are made after notice and opportunity for hearing.

Subp. 6.

Transfers or assignments of permits.

If the property involving a water appropriation permit is sold, transferred, or assigned to another person, the permit may be transferred to the transferee without the necessity of reapplication, subject to the following.

The transferee shall, within 90 days after date of property sale, transfer, or assignment, or within a longer period of time allowed by the commissioner for good cause shown, submit written notification to the commissioner stating the intention to continue the appropriation as stated in the permit. If the transferee intends to make major modifications to the existing permit, a new application shall be required subject to the provisions of subpart 5.

No permit is assigned except with the written consent of the commissioner.

Subp. 7.

Limitations on permits.

All permits issued by the commissioner since 1949 are subject to the provisions of Minnesota Statutes, section 103G.315, subdivision 11, relating to cancellation and conditions of permits and Minnesota Statutes, section 103G.315, subdivisions 2 to 6, 8, and 9, relating to terms and reservations with respect to the amount and manner of such use or appropriation or method of construction or operation of controls as appears reasonably necessary for the safety and welfare of the people of the state.

The commissioner, subject to the terms and conditions of such existing permits, may modify, restrict, or cancel an existing appropriation or use until such time as a decision has been reached by either negotiation, settlement, or after a public hearing. If a permit does not contain a provision which restricts appropriation or use for the protection of safety or welfare of the people of the state the commissioner cannot modify or restrict an existing appropriation until opportunity is provided for a public hearing and where ordered a public hearing has been completed.

Subp. 8.

Terminations.

Permits shall be terminated under the following:

A.

Request by the permittee.

B.

When any of its provisions are violated.

C.

When the permittee sells, transfers, or assigns the property described in the permit and the transferee does not wish to continue appropriating.

D.

Upon finding that the permittee has violated the provisions of any applicable laws and rules.

E.

Where the permittee has not for five consecutive years, from the date of issuance of the permit, appropriated the water. Such time shall be extended by the commissioner for good cause shown.

F.

When the lease or contract for deed is forfeited or canceled.

G.

Permits for agricultural irrigation shall be subject to termination by the commissioner upon justifiable recommendation of the supervisors of the soil and water conservation district, wherein the land irrigated is located, regarding the inadequacy of the soil and water conservation measures.

H.

When the commissioner deems it necessary for the conservation of the water resources of the state or in the interest of public health, safety, and welfare.

I.

When the commissioner deems it necessary pursuant to parts 6115.0730 and 6115.0740.

J.

Any action pursuant to items B and D to I shall be subject to appropriate notice and opportunity for hearing, except as provided in subpart 7.

K.

In the case of permits for mining issued in conjunction with Minnesota Statutes, section 103G.297, procedures for termination shall be subject to provisions of Minnesota Statutes, section 103G.297, subdivision 8.

Statutory Authority:

MS s 103G.315; 105.415

Published Electronically:

June 11, 2008