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95 <br />MINNESOTA RULES 6115.0670 <br />(5) The establishment of protection elevation and limitation on maximum withdrawals <br />contained in units (a) and (b), shall not apply to artificial and altered basins constructed primarily <br />for the purpose of storing high waters and flood flows as water conservation or contingency flow <br />alternatives when such alternatives are approved by the commissioner. <br />(6) Protected flows and protection elevations shall be established for the purposes as <br />defined in part 6115.0630 and shall be based on available information considered in subpart 2, <br />items B and C. For new applications the proposed establishment of protected flows or protection <br />elevations shall be part of the permit process outlined in subpart 3 including opportunity for public <br />hearing. Existing permittees who will be affected by the proposed establishment of protected flows <br />or protection elevations shall be notified of such proposals and shall be provided opportunity for <br />public hearing before modification of their permits based on the procedures outlined in part <br />6115.0750, subpart 5, item B. Upon the submission of data set forth in part 6115.0670, subpart 2, <br />item A or B for the specified watercourse segment or basin by a state agency agreeing to pay the <br />costs of any necessary public hearings, the commissioner shall establish requested protected flows <br />and elevations. <br />C. Approval of appropriation from ground water shall be further subject to the following: <br />(1) The amounts and timing of water appropriated shall be limited to the safe yield of <br />the aquifer to the maximum extent feasible and practical. <br />(2) If the commissioner determines, based on substantial evidence, that a direct <br />relationship of ground and surface waters exists such that there would be adverse impact on the <br />surface waters through reduction of flows or levels below protected flows or protection elevations <br />the amount and timing of the proposed appropriation from ground water shall be limited. <br />(3) Appropriation of ground water shall not be approved or shall be issued on a <br />conditional basis in those instances where sufficient hydrologic data are not available to allow the <br />commissioner to adequately determine the effects of the proposed appropriation. If a conditional <br />appropriation is allowed, the commissioner shall make further approval, modification, or denial <br />when sufficient hydrologic data are available. <br />(4) The commissioner shall limit the use of dug pits for appropriating water when such <br />pits are so located that they may reasonably be expected to affect protected flows of watercourses <br />or protection elevations of basins. <br />Subp. 4. Waiver. The commissioner shall waive any of the provisions of subpart 3 if it is <br />determined that conditions are such that implementation of a provision would be unnecessary or <br />inapplicable or if an applicant provides sufficient evidence to show just cause why such provision <br />would not be reasonable, practical, or in the public interest. In the event the commissioner does not <br />grant an applicant's request for waiver the applicant may demand a hearing. <br />Subp. 5. Specific types of appropriation and use. Additional requirements and decisions <br />governing agricultural irrigation, public water supplies, dewatering, water level maintenance, and <br />mining are also contained in parts 6115.0680 to 6115.0720. <br />Statutory Authority: MS s 103G.315; 105.415 <br />Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />