Agenda - Council Work Session - 02/23/2021

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6115.0730 MINNESOTA RULES 104 proposed or permitted appropriation in the vicinity the applicant or permittee shall be responsible for all costs necessary to provide an adequate supply with the same quality and quantity as prior to the applicant's or permittee's interference. (2) If an existing well provides an adequate domestic water supply but does not meet state health standards and such well would no longer serve as an adequate supply because of the proposed or permitted appropriation in the vicinity, the applicant or permittee shall be responsible for that portion of costs of providing an adequate water supply, but shall not be responsible for those costs necessary to bring the domestic well(s) to state health standards. B. The complainant shall, within ten days from the receipt of the notarized written offer, respond to the commissioner in writing either accepting the offer or making argument on why the offer is not reasonable. If no response is received from the complainant, within the time limit, the commissioner shall dismiss the complaint. C. If the offer is not accepted, the commissioner shall make a decision based on the written offer and arguments and available facts, within ten days as follows: (1) that the applicant or permittee has submitted a reasonable offer, the commissioner shall issue or continue the permit involved; (2) that the applicant or permittee has not submitted a reasonable offer, the commissioner, after notice and opportunity for hearing, shall deny, modify, or terminate the permit involved; (3) that there is a need for a public hearing in which case it is ordered. Statutory Authority: MS s 103G.315; 105.415 Published Electronically: June 11, 2008 6115.0740 WATER USE CONFLICTS. Subpart 1. Conflict defined. For the purpose of these rules a conflict occurs where the available supply of waters of the state in a given area is limited to the extent that there are competing demands among existing and proposed users which exceed the reasonably available waters. Existing and proposed appropriations could in this situation endanger the supply of waters of the state so that the public health, safety, and welfare would be impaired. Subp. 2. Procedure. Whenever the total withdrawals and uses of ground or surface waters would exceed the available supply based on established resource protection limits, including protection elevations and protected flows for surface water and safe yields for groundwater, resulting in a conflict among proposed users and existing legal users the following shall apply: A. In no case shall a permittee be considered to have established a right of use or appropriation by obtaining a permit. B. The commissioner shall analyze and evaluate the following: (1) the reasonableness for use of water by the proposed and existing users; Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.