31.74. In this division, “water withdrawal” or “withdrawal” means the taking of surface water or groundwater by any means. Water withdrawals by means of the following works are excluded from that definition except for the purposes of subdivisions 2 and 3:(1) works used for the impounding of water;
(2) works used for the diversion of water to produce hydroelectric power; and
(3) other works used for the production of hydroelectric power.