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'- 1 PERMIT NUMBER <br />Minnesota AMENDED ~ <br />WATER APPROPRIATION 1975-3215 ~I <br />-J <br />~ PERMIT COUNTY , <br />I Department of I <br />Nab tural Resources) Sherburne (71) <br />THIS AMENDED PERMIT SUPERSEDES THE ORIGINAL PERMIT AND ALL PREVIOUS AMENDMENTS J <br />IN THE MATTER OF THE APPLICATION FOR APPROPRIATION OF WATERS OF THE STATE, PERMISSION IS HEREBY GRANTED TO <br />PERMITTEE Authorized Agent ~ <br />Elk River Municipal Utilities General Manager <br />Address <br />13069 Orono Parkway, Elk River, Minnesota 55330 Phone: (763) 441-2020 <br />To appropriate from. 12 municipal water supply wells, manifolded together <br />Please see Attachment A <br />Purpose: ~ <br />Public Water Supply Use Code (211) I <br />Property described as: <br />City Property in Sections 23, 25, 26, 28, 32, 33, 34, and 35 in Township 33 North, Range 26 West, and NW'/4 <br />SW'/, Section 1, Township 32 North, Range 26 West. <br />Mississippi River (St. Cloud) Watershed (17) <br />Authorized Signature Title Date <br />6~ <br />"" ' o~ <br />J-u1 <br />`7 °? 7 <br />Dale E. Homuth Regional Hydrologist , ~ <br />This permit is granted subject to the following CONDITIONS: <br />1. QUANTITY: <br />The Permittee is authorized to appropriate water at a rate not to exceed ~ Z,rJ~O gallons per minute. The total amount of water appropriated <br />shall not exceed T,65~ million gallons per year. <br />LIMITATIONS: <br />(a) Any violation of the terms and provisions of this permit and any appropriation of the waters of the state in excess of that authorized hereon shall <br />constitute a violation of Minnesota Statutes, Chapter 103. <br />(b) This permit shall not be construed as establishing any priority of appropriation of waters of the state. <br />(c) This permit is permissive only. No liability shall be imposed upon or incurred by the State of Minnesota or any of its employees, on account of the <br />granting hereof or on account of any damage to any person or property resulting from any act or omission of the Permittee relating to any matter <br />hereunder. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the <br />Permittee, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or nght of action of the state <br />against the Permittee, for violation of or failure to comply with the provisions of the permit or applicable provisions of law. <br />(d) In all cases where the doing by the Permittee of anything authorized by this permit shall involve the taking, using, or damaging of any property, <br />rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the Permittee, before <br />proceeding therewith, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights, and <br />interests necessary therefore. <br />(e) This permit shall not release the Permittee from any other permit requirements or liability or obligation imposed by Minnesota Statutes, Federal <br />Law, or local ordinances relating thereto and shall remain in force subject to all conditions and limitations now or hereafter imposed by law. <br />(f) Unless explicitly specified, this permit does not authorize any alterations of the beds or banks of any public (protected) waters or wetlands. A <br />separate permit must be obtained from the Department of Natural Resources prior to any such alteration. <br />3. PERMITTEE'S RESPONSIBILITIES: <br />(a) FLOW METER. <br />The Permittee shall equip each installation for appropriating or using water with a flow meter, unless another method of measuring the quantity of <br />water appropriated to within ten (10) percent of actual amount withdrawn is approved by the Department. <br />(b) REPORTS. <br />Monthly records of the amount of water appropriated or used shall be recorded for each installation. Such readings and the total amount of water <br />appropriated or used shall be reported annually to the Director of DNR Waters, on or before February 15 of the following year, upon forms supplied <br />by the.Division Any processing fee required by law or rule shall be submitted with the records whether or not any water was appropriated dunng the <br />year. Failure to report shall be sufficient cause for terminating the permit 30 days following written notice. <br />(c) TRANSFEROR ASSIGNMENT. <br />Any transfer or assignment of rights, or sale of property involved hereunder shall be reported within 90 days thereafter to the Director of DNR Waters <br />Such nonce shall be made by 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 />(over, please) <br />