Agenda - Council Work Session - 02/23/2021

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6115.0730 MINNESOTA RULES 102 D. The commissioner shall provide the prospective appropriator with an evaluation of the nature and degree of effect of the appropriation on the water levels of the domestic well(s) and public water supply well(s). E. The commissioner shall not issue the permit until the applicant agrees to exercise any of the following options within 30 days after written notification by the commissioner: (1) accept a modification or restriction of the permit application to provide for an adequate domestic water supply; or (2) submit a written agreement signed by the applicant and all parties identified under item C as having probable interference. Such agreement shall outline the measures that will be taken to ensure maintenance of water supplies to such identified parties to the extent that would have existed absent the proposed appropriation. In cases where no agreement can be reached, the commissioner shall implement the settlement procedure identified in item D. Subp. 2. For existing permits. If complaints are made to the commissioner by private domestic well owner(s) or public water supply authority regarding the effects of a water appropriation on the domestic water supplies, the following procedures shall be followed: A. The commissioner shall provide complaint forms to the parties making the complaint, thereafter referred to as "complainant." B. Upon receipt of the completed complaint forms the commissioner shall notify the permittee, the applicable watershed district, and the soil and water conservation district and any other governmental agency or person who may be affected or has expressed interest in the complaint. C. The commissioner shall investigate and assess the complaint by: (1) Analyzing and evaluating the submitted complaint forms, hydrologic facts and characteristics of the water supply systems involved. (2) Requesting additional facts from the complainant(s) and the permittee when necessary. In order to assure that available data on domestic well(s) are provided, the complainant shall cooperate with the permittee in providing such facts as may be available and allowing the commissioner access to obtain necessary available facts. If the complainant does not cooperate in providing available facts or allowing the commissioner access to the domestic well(s), the commissioner shall dismiss the complaint. (3) Conducting, if necessary, a field investigation. (4) Additional hydrologic tests and evaluation shall be required if hydrologic information is unavailable or inadequate to make a determination of necessary facts in the matter. For irrigation appropriations, the timing and conduct of such tests shall be in accordance with the provision of Minnesota Statutes, section 103G.271, subdivision 3, relating to modifying or restricting appropriation for irrigation. (5) In evaluating the probable influence of the water appropriation on the domestic well(s) and public water supply well(s) the commissioner shall consider whether the domestic Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.