Minn. R. agency 158, ch. 6115, WATER APPROPRIATION AND USE PERMITS, pt. 6115.0660

Current through Register Vol. 49, No. 24, December 9, 2024

Part 6115.0660 - APPLICATION FOR PERMIT

Subpart 1.Requirement.

Applications shall be submitted for each surface or ground water source from which water is proposed to be appropriated. A separate application shall be required for the following:

A. for each distribution system if the water is used in more than one common distribution system;

B. for each well(s) completed in different aquifers if groundwater is to be appropriated from separate wells completed in more than one aquifer; and

C. for each basin or watercourse involved if surface water is to be appropriated from several different basins or watercourses.

Subp. 2.Evidence of ownership.

The applicant must provide written evidence of ownership, or control of, or a license to use, the land overlying the groundwater source or abutting the surface water source from which water will be appropriated.

Subp. 3.Information required.

All applicants shall submit the following information when it is reasonably available. Additional submittals may be required as prescribed in parts 6115.0680 to 6115.0720 and where deemed necessary by the commissioner in order to adequately evaluate the applications:

A. A completed application on forms supplied by the commissioner.

B. The required application fee (Minnesota Statutes, sections 103G.301, subdivisions 2 to 5, and 103G.315, subdivision 12).

C. Aerial photographs, maps, sketches, detailed plat, topographic maps, or other descriptive data sufficient to show:

(1) the location of the area of use;

(2) the outline of the property owned, or controlled by the applicant in proximity to the area of use;

(3) the location of the proposed point of appropriation such as well(s) location, stream bank pump(s) or the location of other facilities for appropriation of water;

(4) if ground water is involved, the location of test hole borings which have been drilled on the property from which the appropriation will be made.

D. Signed statement that copies of the application and accompanying documents have been sent to the mayor of the city, secretary of the board of supervisors of the soil and water conservation district, or the secretary of the board of managers of the watershed district if the proposed project is within a city or within or affects a watershed district or soil and water conservation district or a city (Minnesota Statutes, section 103G.301, subdivision 6).

E. Statement of justification supporting the reasonableness and practicality of use with respect to adequacy of the water source, amounts of use, and purposes, including available facts on:

(1) hydrology and hydraulics of the water sources involved, including for surface waters the applicant's analysis of the effect of proposed withdrawals on levels and flows and anticipated impacts, if any, on instream flow or lake level conditions to the extent that such facts are not already available to the commissioner;

(2) proposed pumping schedule including rates, times, and duration;

(3) amounts of water to be appropriated on a maximum daily, monthly, and annual basis;

(4) means, methods, and techniques of appropriation;

(5) alternative sources of water or methods which were considered, to attain the appropriation objective and why the particular alternative proposed in the application was selected.

F. Information on any water storage facilities and capabilities and any proposed reuse and conservation practices.

G. Application for use of surface water shall include the following additional data:

(1) A contingency plan which describes the alternatives the applicant will utilize if at any time appropriation is restricted to meet instream flow needs or to protect the level of a basin. The contingency plan shall be feasible, reasonable, and practical; otherwise the applicant shall submit as part of the application a written statement agreeing in such case to withstand the results of no appropriation (Minnesota Statutes, section 103G.285, subdivision 6).

(2) For appropriation from natural basins or natural watercourses, facts to show that reasonable alternatives for appropriating water have been considered including use of water appropriated during high flows and levels and stored for later use and the use of ground water.

(3) For basins less than 500 acres in surface area the applicant shall notify all riparian landowners and provide the commissioner with a list of all landowners notified; attempt to obtain a signed statement from as many riparian landowners as the applicant is able to obtain stating their support to the proposed appropriation; and provide an accounting of number of signatures of riparian owners the applicant is unable to obtain (Minnesota Statutes, section 103G.285, subdivision 4).

H. Application for use of groundwater, except for agricultural irrigation (part 6115.0680) shall include the following data:

(1) test hole logs (if any) and water well record(s);

(2) hydrologic test data; and

(3) hydrologic studies, if the above data are insufficient to allow the commissioner to properly assess the capability of the aquifer system in the area of withdrawal or are inadequate to allow assessment of the effects of the proposed appropriation on the water resource and on nearby wells.

Subp. 4.Waiver.

Whenever information required by parts 6115.0660 and 6115.0680 to 6115.0720 is unnecessary or inapplicable, the commissioner shall waive those requirements.

Minn. R. agency 158, ch. 6115, WATER APPROPRIATION AND USE PERMITS, pt. 6115.0660

Statutory Authority: MS s 103G.315; 105.415