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103 <br />MINNESOTA RULES 6115.0730 <br />well(s) provides a dependable water supply while meeting the appropriate health requirements for <br />the existing use of the affected well. For public water supply wells only the probable interference <br />with that portion which is used for domestic water supply is considered. <br />D. Where adverse effects on the domestic well(s) are substantiated, the commissioner shall <br />notify the permittee of the facts and findings of that complaint evaluation. In the event that the <br />commissioner determines that the domestic water supply is endangered the commissioner shall, <br />pursuant to part 6115.0750, subpart 7, unless a temporary solution is worked out, restrict or cancel <br />the appropriation until such time as a decision has been made by either negotiation, settlement, or <br />hearing. <br />E. The permittee shall within 30 days after written notification by the commissioner take <br />appropriate action by exercising any of the following options: <br />(1) Requesting the commissioner to modify or restrict the permit in order to provide <br />for an adequate domestic water supply. <br />(2) Negotiating a reasonable agreement with the affected well owner(s). If no agreement <br />is reached, the settlement procedure outlined in subpart 4 shall apply; or <br />(3) Requesting a public hearing. <br />Subp. 3. New domestic wells installed after appropriation permits have been issued. In <br />the event that new domestic wells, exempt from permit requirements, are installed in area of adequate <br />ground water supplies where permits have been issued for appropriation the following shall apply: <br />A. It shall be the responsibility of the prospective new domestic well owner to ensure that <br />the new domestic well will be constructed at adequate depth so that it will provide an adequate <br />domestic water supply which will not be limited by the permitted appropriation. <br />B. Holders of valid permits for appropriation of water in areas where adequate water supplies <br />are available shall not be responsible for well interference problems, involving new domestic wells <br />exempt from permit, when such exempt domestic wells are installed subsequent to authorized <br />appropriation. <br />Subp. 4. Settlement. If the applicant or permittee and the complainant(s) have been unable to <br />negotiate a reasonable agreement pursuant to subparts 1, item E and 2, item E, the following <br />procedure shall be implemented: <br />A. The applicant or permittee shall submit to the complainant a notarized written offer <br />including a statement that the complainant must respond in writing to the commissioner within ten <br />days from the receipt of the offer either accepting the offer or explaining why it is rejected. The <br />offer must be submitted to the complainant with a copy to the commissioner within 40 days after <br />the receipt of the written notification provided in subparts 1, item E and 2, item E, based on the <br />following: <br />(1) If an existing domestic well provides an adequate domestic water supply which <br />meets state health standards, and such well no longer serves as an adequate supply because of the <br />Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. <br />