Agenda - Council Work Session - 02/23/2021

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6115.0670 MINNESOTA RULES 94 (2) there is no conflict between competing users but the quantity of available waters of the state, in the area involved, are inadequate to provide the amounts of water proposed to be appropriated; (3) the appropriation is not reasonable, practical, and does not adequately protect public safety and promote the public welfare (Minnesota Statutes, section 103G.315); (4) the appropriation is not consistent with approved state, regional, and local water and related land resources management plans, provided that regional and local plans are consistent with statewide plans (Minnesota Statutes, section 103G.271, subdivision 2); (5) there is an unresolved conflict between competing users for the waters involved and the conflict has not been resolved pursuant to provision of part 6115.0740. B. Approval of any surface water appropriation application shall be further subject to the following: (1) For all watercourses, proposals for appropriation during periods of flood flows and high water levels shall be given first consideration unless this is not practical, reasonable, or feasible (Minnesota Statutes, section 103G.261). (2) For natural and altered watercourses, except for drainage ditches established under Minnesota Statutes, chapter 103E, consumptive appropriation may be limited consistent with Minnesota Statutes, section 103G.285, subdivision 2, provided that adequate data are available to set such limits for watercourses. Where protected flow is designated by the commissioner, no appropriation shall be allowed when the flow is below that protected flow. (3) Permits to appropriate water for any purpose from streams designated trout streams by rule, pursuant to Minnesota Statutes, section 97C.021, shall be limited to temporary appropriations when not in conflict with the special designation, such as during periods of high flows or high water levels (Minnesota Statutes, section 103G.285, subdivision 5). (4) For natural and altered basins the commissioner shall: (a) Establish a protection elevation below which no appropriation shall be allowed (Minnesota Statutes, section 103G.285, subdivision 3, paragraph (b)). (b) Limit the collective maximum annual withdrawals to not exceed a total volume of water amounting to one-half acre-foot per acre of surface water basin based on Minnesota Department of Natural Resources Bulletin No. 25, "An Inventory of Minnesota Lakes." The actual collective annual allocation may be considerably less than the maximum. This limitation is as provided by Minnesota Statutes, section 103G.285, subdivision 3, paragraph (a). (c) For natural and altered basins less than 500 acres, an application shall not be approved if the commissioner determines that the proposed appropriation would lower the water level in the basin to an extent which would deprive the public and riparian property owners of reasonable use of and access to the water. Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.