Minnesota Administrative Rules
Agency 158 - Natural Resources Department
Chapter 6115 - PUBLIC WATER RESOURCES
WATER APPROPRIATION AND USE PERMITS
Part 6115.0660 - APPLICATION FOR PERMIT
Universal Citation: MN Rules 6115.0660
Current through Register Vol. 49, No. 13, September 23, 2024
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.
Statutory Authority: MS s 103G.315; 105.415
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