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<br />[204185/1] 14 <br />VI. The Commissioner’s Powers to Amend Water Appropriation Permits <br />73. When granting a water appropriations permit, the Commissioner of Natural <br />Resources may include permit terms as to both the amount and manner of uses for <br />appropriated water, “as appear reasonably necessary for the safety and welfare of the <br />people of the state.”73 <br />74. Additionally, water appropriation permits are subject to: <br />a. cancellation by the commissioner at any time if necessary to <br />protect the public interests; <br />b. further conditions on the term of the permit or its cancellation <br />as the commissioner may prescribe and amend and reissue <br />the permit; and, <br />c. applicable law existing before or after the issuance of the <br />permit.74 <br />75. Likewise important, the Commissioner’s power to authorize withdrawals of <br />groundwater is limited to occasions when the purported withdrawals “avoid known <br />negative impacts to surface waters.” Minn. Stat. § 103G.287, subds. 2, 3 (2022), provide: <br />Groundwater appropriations may be authorized only if they avoid known <br />negative impacts to surface waters. If the commissioner determines that <br />groundwater appropriations are having a negative impact to surface waters, <br />the commissioner may use a sustainable diversion limit or other relevant <br />method, tools, or information to implement measures so that groundwater <br />appropriations do not negatively impact the surface waters. <br />…. <br />When establishing water appropriation limits to protect groundwater <br />resources, the commissioner must consider the sustainability of the <br />groundwater resource, including the current and projected water levels, <br />cumulative withdrawal rates from the resource on a monthly or annual basis, <br />water quality, whether the use protects ecosystems, and the ability of future <br />generations to meet their own needs.75 <br />76. Moreover, Minn. R. 6115.0740 (2023) makes clear that permit holders do <br />not have a firm right to future withdrawals of groundwater: “In no case shall a permittee <br />be considered to have established a right of use or appropriation by obtaining a permit.”76 <br /> <br />73 Minn. Stat. § 103G.315, subd. 6(b) (2022). <br />74 Minn. Stat. § 103G.315, subd. 11 (2022). <br />75 Minn. Stat. § 103G.287, subds. 2, 3. <br />76 Minn. R. 6115.0740, subp. 2(a) (2023).