Subdivision 1.Measuring and records required.

The state, a political subdivision of the state, a person, partnership, public or private corporation, or association may not appropriate or use waters of the state without measuring and keeping a record of the quantity of water used or appropriated as provided in section 103G.271 or 103G.275.

Subd. 2.Measuring equipment required.

Terms Used In Minnesota Statutes 103G.281

  • Appropriating: means withdrawal, removal, or transfer of water from its source regardless of how the water is used. See Minnesota Statutes 103G.005
  • Commissioner: means the commissioner of natural resources. See Minnesota Statutes 103G.005
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
  • Political subdivision: means a county, city, town, school district, or other local government jurisdiction to which the state provides state aids or on which the state imposes state mandates. See Minnesota Statutes 103G.005
  • state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
  • Waters of the state: means surface or underground waters, except surface waters that are not confined but are spread and diffused over the land. See Minnesota Statutes 103G.005

An installation for appropriating or using water must be equipped with a flow meter to measure the quantity of water appropriated within the degree of accuracy required by rule. The commissioner can determine other methods to be used for measuring water quantity based on the quantity of water appropriated or used, the source of water, the method of appropriating or using water, and any other facts supplied to the commissioner.

Subd. 3.Report.

(a) Records of the amount of water appropriated or used must be kept for each installation. The readings and the total amount of water appropriated must be reported annually to the commissioner on or before February 15 of the following year on forms provided by the commissioner.

(b) The records must be submitted with the annual water-use permit processing fee in section 103G.271.

Subd. 4.Penalty for noncompliance.

The commissioner may assess penalties for noncompliant reporting of water use information as provided in this section. The penalty is ten percent of the annual water-use permit processing fee.