Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
In general.
In order to address the provisions of Minnesota Statutes,
sections
103B.155,
103G.261,
103G.265,
and
103G.271,
subdivision 2, the commissioner, in cooperation with other state and federal
agencies, regional commissions and authorities, local governments and citizens,
establishes the following process for the preparation and implementation of the
elements of any state, regional, and local plan relating to water appropriation
and use.
Subp. 2.
Criteria and procedures.
Since the availability, distribution, and utilization of
waters of the state and the character and use of related land resources vary
considerably throughout the state, a comprehensive water appropriation
management planning process must be based on these considerations and according
to the following principles and procedures:
A. Water appropriation management plans
should be prepared for specific definable areas of the state on consideration
of:
(1) The hydrologic and physical
characteristics of the water and related land resources for which a management
plan is necessary. The area must be of sufficient size and areal extent so that
the interrelationship of geohydrologic and climatic factors can be adequately
defined and managed.
(2) The
determination by the commissioner of the need for establishment of a water
appropriation management plan for the waters of the state within a specific
definable area based on:
(a) areas where
development of the waters of the state is, or is likely to, increase
considerably within the next five to ten years;
(b) areas where severe water availability
problems exist or are soon likely to exist;
(c) areas where there are adequate facts and
available geohydrologic data relating to the availability, distribution, and
use of the waters of the state and where there is local interest in
establishing water appropriation management plans.
B. Upon establishment of the need
for a water appropriation management plan pursuant to item A, the commissioner
shall establish a management planning process including procedures, a public
participation process, and development of a planning team consisting of
representatives of the department, permittees, any other interested, concerned,
and involved government or citizen group listed in subpart 1 to review and
cooperate in preparation of the plan.
Subp. 3.
General requirements and
contents of plans.
Every water appropriation plan should, at a minimum,
include:
A. An evaluation of the
amount and dependability of information on the hydrologic systems of the area
and the adequacy of the information to provide necessary facts on the amounts
of water which can be reasonably withdrawn from the waters of the state in the
area without creating major environmental problems or diminishing the long-term
seasonal supply of water for various purposes. This will provide essential
background information for establishing protected flows and protection
elevations, part 6115.0670, subpart 3, item B, subitem (6).
B. An evaluation of data on stream quality
and flows, lake water quality and levels, groundwater quality and levels, and
climatic factors. This will provide essential data useful to the applicant and
the commissioner in permit application considerations, parts 6115.0660 to
6115.0720.
C. An evaluation of
present and anticipated future use of waters and lands and the amounts and
distribution of use within the area. This will facilitate the determinations
necessary under part 6115.0670, subpart 2, item A, subitem (2).
D. An evaluation of the problems and concerns
relating to use of the waters within the area.
E. Water conservation alternatives and
methods and procedures for dealing with water shortages or excesses during
periods of deficient or excess water. See parts 6115.0660, subpart 3, item F;
6115.0690, subpart 1, item G; and subpart 2 of this part.
F. Considerations of the relationship of the
water appropriation and use management plan to other water resources programs
of the state, such as floodplain management, shoreland management, water
surface use management, water quality management, soil and water conservation
management, and agricultural land management.
Statutory Authority: MS s
103G.315;
105.415
