Subdivision 1. Waiver. The commissioner may waive a limitation or requirement in subdivisions 2 to 6 for just cause.
Subd. 2. Natural and altered natural watercourses. If data are available, permits to appropriate water from natural and altered natural watercourses must be limited so that consumptive appropriations are not made from the watercourses during periods of specified low flows. The purpose of the limit is to safeguard water availability for in-stream uses and for downstream higher priority users located reasonably near the site of appropriation.
Subd. 3. Water basins. (a) Permits to appropriate water from water basins must be limited so that the collective annual withdrawals do not exceed a total volume of water amounting to one-half acre-foot per acre of water basin based on Minnesota Department of Conservation Bulletin No. 25, "An Inventory of Minnesota Lakes," published in 1968.
(b) As a condition to a surface water appropriation permit, the commissioner shall set a protective elevation for the water basin, below which an appropriation is not allowed. During the determination of the protective elevation, the commissioner shall consider:
(1) the elevation of important aquatic vegetation characteristics related to fish and wildlife habitat;
(2) existing uses of the water basin by the public and riparian landowners; and
(3) the total volume within the water basin and the slope of the littoral zone.
Subd. 4. Water basins less than 500 acres. As part of an application for appropriation of water from a water basin less than 500 acres in surface area, the applicant shall obtain a statement of support with as many signatures as the applicant can obtain from property owners with property riparian to the water basin. The statement of support must:
(1) state support for the proposed appropriation; and
(2) show the number of property owners whose signatures the applicant could not obtain.
Subd. 5. Trout streams. Permits issued after June 3, 1977, to appropriate water from streams designated trout streams by the commissioner's orders under section 97C.005 must be limited to temporary appropriations.
Subd. 6. Contingency planning. An application for use of surface waters of the state is not complete until the applicant submits, as part of the application, a contingency plan that describes the alternatives the applicant will use if further appropriation is restricted due to the flow of the stream or the level of a water basin. A surface water appropriation may not be allowed unless the contingency plan is feasible or the permittee agrees to withstand the results of not being able to appropriate water.
1990 c 391 art 7 s 30; 2010 c 361 art 4 s 54
Structure Minnesota Statutes
Chapter 103G — Waters Of The State
Section 103G.001 — Citation; Water Law.
Section 103G.005 — Definitions.
Section 103G.101 — Water Conservation Program.
Section 103G.105 — Cooperation With Other Agencies.
Section 103G.111 — Representing State In Water Issues.
Section 103G.115 — Enjoining Water-flow Interference Outside State.
Section 103G.121 — Commissioner's Authority To Investigate And Construct Projects.
Section 103G.125 — Director's Authority.
Section 103G.127 — Permit Program Under Section 404 Of Federal Clean Water Act.
Section 103G.131 — Venue Of Certain Actions.
Section 103G.135 — Enforcing Commissioner's Orders.
Section 103G.145 — Application.
Section 103G.201 — Public Waters Inventory.
Section 103G.205 — Effect Of Public Waters Designation.
Section 103G.211 — Draining Public Waters Prohibited Without Replacement.
Section 103G.215 — Agricultural Use Of Public Waters During Drought.
Section 103G.217 — Driftless Area; Water Resources.
Section 103G.221 — Draining Public Waters Wetlands.
Section 103G.2212 — Contractor's Responsibility When Work Drains Or Fills Wetlands.
Section 103G.222 — Replacement Of Wetlands.
Section 103G.223 — Calcareous Fens.
Section 103G.2241 — Exemptions.
Section 103G.2242 — Wetland Value Replacement Plans.
Section 103G.2243 — Local Comprehensive Wetland Protection And Management Plans.
Section 103G.2244 — Wetland Creation Or Restoration Within Pipeline Easement.
Section 103G.225 — State Wetlands And Public Drainage Systems.
Section 103G.2251 — State Conservation Easements; Wetland Bank Credit.
Section 103G.231 — Property Owner's Use Of Public Waters Wetlands.
Section 103G.235 — Restrictions On Access To Wetlands.
Section 103G.2364 — Property Owner's Use Of Wetlands.
Section 103G.2365 — Controlling Noxious Weeds.
Section 103G.237 — Compensation For Loss Of Private Use.
Section 103G.2372 — Enforcement.
Section 103G.2374 — Electronic Transmission.
Section 103G.2375 — Assumption Of Section 404 Of Federal Clean Water Act.
Section 103G.241 — Contractor's Responsibility When Work Affects Public Waters.
Section 103G.245 — Work In Public Waters.
Section 103G.251 — Investigating Activities Affecting Waters Of The State.
Section 103G.255 — Allocating And Controlling Waters Of The State.
Section 103G.261 — Water Allocation Priorities.
Section 103G.265 — Water Supply; Management.
Section 103G.27 — Water Management Account.
Section 103G.271 — Appropriation And Use Of Waters.
Section 103G.275 — Installation For Water Use.
Section 103G.281 — Water Use Prohibited Without Measuring Quantities.
Section 103G.282 — Monitoring To Evaluate Impacts From Appropriations.
Section 103G.285 — Surface Water Appropriations.
Section 103G.287 — Groundwater Appropriations.
Section 103G.289 — Well Interference; Well Sealing.
Section 103G.291 — Public Water Supply Plans; Appropriation During Deficiency.
Section 103G.293 — Statewide Drought Plan.
Section 103G.297 — Diverting Or Draining Water For Mining.
Section 103G.298 — Landscape Irrigation Systems.
Section 103G.299 — Administrative Penalties.
Section 103G.301 — General Permit; Application Procedures.
Section 103G.305 — Time Limit To Act On Water-use Permit Application.
Section 103G.311 — Permit Hearing.
Section 103G.315 — Denying And Issuing Permits.
Section 103G.401 — Application To Establish Lake Levels.
Section 103G.405 — Water Level Control For Landlocked Lakes.
Section 103G.407 — Water Level Control For Public Waters With Outlet.
Section 103G.408 — Temporary Drawdown Of Public Waters.
Section 103G.411 — Stipulation Of Low-water Mark.
Section 103G.412 — Stream Gauge Data.
Section 103G.413 — Appeal Of Order Establishing Ordinary High-water Level.
Section 103G.415 — Big Stone Lake; Seasonal Water Level.
Section 103G.421 — Control Of Mississippi Headwater Lakes.
Section 103G.501 — Constructing Private Dams On Nonnavigable Waters.
Section 103G.505 — Dam Construction And Maintenance By State.
Section 103G.511 — Publicly Owned Dam Repair.
Section 103G.515 — Examining And Repairing Dams And Reservoirs.
Section 103G.521 — Transfer Of Authority Over State Dams.
Section 103G.525 — Limitations On Transferring Dam Ownership.
Section 103G.531 — Dam Permit Exceptions.
Section 103G.535 — Hydropower Generation.
Section 103G.541 — Municipal Dams On Red River Of The North.
Section 103G.545 — Dams And Water Level Control In Cook, Lake, And St. Louis Counties.
Section 103G.551 — Dams Used Only For Water Level Regulation.
Section 103G.555 — Statute Of Limitations For Actions Against Public Officials.
Section 103G.565 — Right To Overflow, Obstruct, Or Impair Highways Granted By Governing Body.
Section 103G.571 — Bank Repair On Property Where Overflow Rights Are Acquired.
Section 103G.575 — Grant Of Flowage Easements In Upper Red Lake Region.
Section 103G.601 — Ice-cutting Fences And Guards.
Section 103G.605 — Deicing Water Bodies.
Section 103G.611 — Water Aeration Safety.
Section 103G.615 — Permits To Harvest Or Destroy Aquatic Plants.
Section 103G.621 — County Weed And Algae Destruction And Removal.
Section 103G.625 — Municipal Control Of Aquatic Vegetation And Organisms.
Section 103G.651 — Removing Sunken Logs From Public Waters.
Section 103G.701 — Stream Maintenance Program.
Section 103G.711 — State's Ownership Of Bed Of Navigable River.
Section 103G.801 — Great Lakes -- St. Lawrence River Basin Water Resources Compact.