Agenda - Council Work Session - 02/23/2021

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6115.0750 MINNESOTA RULES 108 If no response is received in 30 days and no extension of response time is authorized by the commissioner, the proposed amendments shall be made. The commissioner based on the permittee's response and the criteria established in these rules shall either modify the proposed amendment or adopt the original proposed amendment. C. All amendments and modifications are made after notice and opportunity for hearing. Subp. 6. Transfers or assignments of permits. If the property involving a water appropriation permit is sold, transferred, or assigned to another person, the permit may be transferred to the transferee without the necessity of reapplication, subject to the following. The transferee shall, within 90 days after date of property sale, transfer, or assignment, or within a longer period of time allowed by the commissioner for good cause shown, submit written notification to the commissioner stating the intention to continue the appropriation as stated in the permit. If the transferee intends to make major modifications to the existing permit, a new application shall be required subject to the provisions of subpart 5. No permit is assigned except with the written consent of the commissioner. Subp. 7. Limitations on permits. All permits issued by the commissioner since 1949 are subject to the provisions of Minnesota Statutes, section 103 G.315, subdivision 11, relating to cancellation and conditions of permits and Minnesota Statutes, section 103 G.315, subdivisions 2 to 6, 8, and 9, relating to terms and reservations with respect to the amount and manner of such use or appropriation or method of construction or operation of controls as appears reasonably necessary for the safety and welfare of the people of the state. The commissioner, subject to the terms and conditions of such existing permits, may modify, restrict, or cancel an existing appropriation or use until such time as a decision has been reached by either negotiation, settlement, or after a public hearing. If a permit does not contain a provision which restricts appropriation or use for the protection of safety or welfare of the people of the state the commissioner cannot modify or restrict an existing appropriation until opportunity is provided for a public hearing and where ordered a public hearing has been completed. Subp. 8. Terminations. Permits shall be terminated under the following: A. Request by the permittee. B. When any of its provisions are violated. C. When the permittee sells, transfers, or assigns the property described in the permit and the transferee does not wish to continue appropriating. D. Upon finding that the permittee has violated the provisions of any applicable laws and rules. E. Where the permittee has not for five consecutive years, from the date of issuance of the permit, appropriated the water. Such time shall be extended by the commissioner for good cause shown. Copyright © 2019 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.