Agenda - Council Work Session - 02/23/2021

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6115.0750 MINNESOTA RULES 106 6115.0750 PROVISIONS AND CONDITIONS OF WATER APPROPRIATION PERMITS. Subpart 1. In general. Water appropriation permits shall include the following provisions and conditions, unless otherwise required by law. Subp. 2. Term of permits. Permits shall be issued for temporary or for long-term appropriation. Temporary permits involve a one-time, limited life, not more than 12 months, nonrecurring appropriation of waters of the state, such as for highway construction, exploratory drilling for minerals, hydrostatic testing of pipelines and other short-term projects. Requested time extensions shall be permitted, but in no case shall the total length of time the permit remains in force exceed two years. Long-term permits will remain in effect subject to applicable permit provisions and conditions of the permit, the law, and these parts, provided that in cases where the permittee is not the landowner of record, the term of the permit shall be the same as that of the property rights or license held. Subp. 3. Monitoring. Monitoring: A. All permittees shall measure and keep monthly and yearly records of the quantity of water used or appropriated at the point of taking from each source under permit. B. Each installation for appropriating or using water shall be equipped with a device or employ a method to measure the quantity of water appropriated to within ten percent of actual withdrawal. The commissioner shall determine the method to be used for measuring water appropriated based on: the quantity of water appropriated or used; the source and location of the appropriation; the method of appropriating or using water; other facts supplied by the permittee. The commissioner shall require flow meters to be used whenever the rate of appropriation is greater than 1,500 gallons per minute, unless the permittee can show justification why flow meters cannot practically be used or are not necessary considering the factors contained in the two preceding paragraphs. Such justification must be supported by facts which indicate the technical difficulties which would be encountered if flow meters were required. C. For surface water appropriations, where applicable, the permittee shall measure flows or levels in the watercourse or basin at a specific gauge designated by the commissioner and located within the area of appropriation. The commissioner shall require permittees to pay necessary costs of establishing and maintaining such gages as provided in parts 6115.0010 to 6115.0100, rules for permit fees. For groundwater appropriation, the commissioner, based on availability of hydrologic data on the aquifer involved, frequency and rate of pumping, and probability of conflict or well interference, shall require the permittee to measure and keep records of the water levels in each production well at reasonable times prescribed in the permit. Observation wells may be required as a condition of the permit to better evaluate hydrologic conditions and effects in areas where hydrologic data are Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.