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MINNESOTA STATUTES 2021 103G.261 <br />103G.261 WATER ALLOCATION PRIORITIES. <br />(a) The commissioner shall adopt rules for allocation of waters based on the following priorities for the <br />consumptive appropriation and use of water: <br />(1) first priority, domestic water supply, excluding industrial and commercial uses of municipal water <br />supply, and use for power production that meets the contingency planning provisions of section 103G.285, <br />subdivision 6; <br />(2) second priority, a use of water that involves consumption of less than 10,000 gallons of water per <br />day; <br />(3) third priority, agricultural irrigation, and processing of agricultural products involving consumption <br />in excess of 10,000 gallons per day; <br />(4) fourth priority, power production in excess of the use provided for in the contingency plan developed <br />under section 103G.285, subdivision 6; <br />(5) fifth priority, uses, other than agricultural irrigation, processing of agricultural products, and power <br />production, involving consumption in excess of 10,000 gallons per day; and <br />(6) sixth priority, nonessential uses. <br />(b) For the purposes of this section, "consumption" means water withdrawn from a supply that is lost <br />for immediate further use in the area. <br />(c) Appropriation and use of surface water from streams during periods of flood flows and high water <br />levels must be encouraged subject to consideration of the purposes for use, quantities to be used, and the <br />number of persons appropriating water. <br />(d) Appropriation and use of surface water from lakes of less than 500 acres in surface area must be <br />discouraged. <br />(e) The treatment and reuse of water for nonconsumptive uses shall be encouraged. <br />History: 1989 c 326 art 4 s 1; 1990 c 391 art 7 s 25; 1990 c 426 art I s 13; 1993 c 186 s 1; 2012 c 272 <br />s 48 <br />Official Publication of the State of Minnesota <br />Revisor of Statutes <br />