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CONDITIONS (Continued from previous page)
<br /> hereof or on account of any damage to any person or property resulting from any act or omission of the Permittee relating
<br /> to any matter hereunder. This permit shall not be construed as estopping or limiting any legal claims or right of action of
<br /> any person other than the state against the Permittee, for any damage or injury resulting from any such act or omission,
<br /> or as estopping or limiting any legal claim or right of action of the state against the Permittee, for violation of or failure to
<br /> comply with the provisions of the permit or applicable provisions of law. (d) In all cases where the doing by the Permittee
<br /> of anything authorized by this permit shall involve the taking, using, or damaging of any property, rights or interests of any
<br /> other person or persons, or of any publicly owned lands or improvements thereon or interests therein,the Permittee,
<br /> before proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall
<br /> acquire all property, rights, and interests necessary therefore. (e)This permit shall not release the Permittee from any
<br /> other permit requirements or liability or obligation imposed by Minnesota Statutes, Federal Law,or local ordinances
<br /> relating thereto and shall remain in force subject to all conditions and limitations now or hereafter imposed by law. (f)
<br /> Unless explicitly specified,this permit does not authorize any alterations of the beds or banks of any public(protected)
<br /> waters or wetlands.A separate permit must be obtained from the Department of Natural Resources prior to any such
<br /> alteration.
<br /> FLOW METER:The Permittee shall equip each installation for appropriating or using water with a flow meter, unless
<br /> another method of measuring the quantity of water appropriated to within ten (10)percent of actual amount withdrawn is
<br /> approved by the Department.
<br /> WATER USE REPORTING: Monthly records of the amount of water appropriated or used shall be recorded for each
<br /> installation. Such readings and the total amount of water appropriated or used shall be reported annually to the Director of
<br /> DNR Ecological and Water Resources, on or before February 15 of the following year,via the MNDNR Permitting and
<br /> Reporting System (MPARS)at www.mndnr.gov/mpars/signin.Any processing fee required by law or rule shall be
<br /> submitted with the records whether or not any water was appropriated during the year. Failure to report shall be sufficient
<br /> cause for terminating the permit 30 days following written notice.
<br /> MODIFICATION:The Permittee must notify the Commissioner in writing of any proposed changes to the existing permit.
<br /> This permit shall not be modified without first obtaining the written permission from the Commissioner.
<br /> TRANSFER OR ASSIGNMENT:Any transfer or assignment of rights, or sale of property involved hereunder shall be
<br /> reported within 90 days thereafter to the Director of DNR Ecological and Water Resources. Such notice shall be made by
<br /> the transferee(i.e., new owner)and shall state the intention to continue the appropriation as stated in the permit.This
<br /> permit shall not be transferred or assigned except with the written consent of the Commissioner.
<br /> COMMISSIONER'S AUTHORITY: (a)The Commissioner may inspect any installation utilized for the appropriation or use
<br /> of water.The Permittee shall grant access to the site at all reasonable times and shall supply such information
<br /> concerning such installation as the Commissioner may require. (b)The Commissioner may, as he/she deems necessary,
<br /> require the Permittee to install gages and/or observation wells to monitor the impact of the Permittee's appropriation on
<br /> the water resource and require the Permittee to pay necessary costs of installation and maintenance. (c)The
<br /> Commissioner may restrict, suspend, amend,or cancel this permit in accordance with applicable laws and rules for any
<br /> cause for the protection of public interests, or for violation of the provisions of this permit.
<br /> PUBLIC RECORD:All data,facts, plans, maps, applications,annual water use reports,and any additional information
<br /> submitted as part of this permit, and this permit itself are part of the public record and are available for public inspection at
<br /> the offices of DNR Ecological and Water Resources. The information contained therein may be used by the Division as it
<br /> deems necessary. The submission of false data,statements, reports,or any such additional information, at any time shall
<br /> be deemed as just grounds for revocation of this permit.
<br /> MONITORING REQUIREMENTS: Minnesota Statutes 103G.282 authorizes the Department of Natural Resources to
<br /> require permittees to install and maintain monitoring equipment to evaluate water resource impacts from permitted
<br /> appropriations.You may be required to modify or install automated measuring devices and keep records for each
<br /> installation. The frequency of measurements and other requirements will be based on quantity of water appropriated,
<br /> source of water, potential connections to other water resources, nature of concern, and other relevant factors.
<br /> DROUGHT PLANNING: In accordance with M.S. 103G.293, all permits must be consistent with the drought response
<br /> plan detailed in the Statewide Drought Plan at
<br /> http://files.dnr.state.mn.us/natural_resources/climate/drought/drought_plan_matrix.pdf.
<br /> WELL SEALING: The permittee shall notify the Minnesota Department of Health prior to sealing, removing, covering,
<br /> plugging or filling the well(s)from which the authorized appropriation was made.The well(s) must be sealed by a licensed
<br /> 'age 2 'arnilC INumber'1 91 6246 COND/TCIV,,:,,�continued on next page
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