HF 683

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 04/23/2013 11:36am

A bill for an act
relating to water; creating Legislative Water Commission; modifying water use
requirements; requiring a report on groundwater sustainability recommendations;
amending Minnesota Statutes 2012, sections 103G.271, subdivisions 1, 4;
103G.287, subdivision 4; proposing coding for new law in Minnesota Statutes,
chapter 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [3.886] LEGISLATIVE WATER COMMISSION.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin A Legislative Water Commission is established.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) The Legislative Water Commission consists of ten
members appointed as follows:
new text end

new text begin (1) five members of the senate with minority representation proportionate to
minority membership in the senate, to be appointed by the Subcommittee on Committees
of the Committee on Rules and Administration and to serve until their successors are
appointed; and
new text end

new text begin (2) five members of the house of representatives with minority representation
proportionate to minority membership in the house, to be appointed by the speaker of the
house and to serve until their successors are appointed.
new text end

new text begin (b) Vacancies shall be filled in the same manner as the original positions.
new text end

new text begin (c) Vacancies occurring on the commission do not affect the authority of the remaining
members of the Legislative Water Commission to carry out the function of the commission.
new text end

new text begin Subd. 3. new text end

new text begin Staff. new text end

new text begin The Legislative Water Commission may appoint and fix the
compensation of personnel and consultants necessary to enable the commission to carry
out its functions, or to contract for services to supply necessary data subject to the approval
of the Legislative Coordinating Commission under section 3.305. State employees subject
to civil service laws and rules who may be assigned to the commission retain civil service
status without interruption or loss of status or privilege.
new text end

new text begin Subd. 4. new text end

new text begin Powers and duties. new text end

new text begin (a) The Legislative Water Commission shall review
water policy reports and recommendations of the Environmental Quality Board, the Board
of Water and Soil Resources, the Pollution Control Agency, the Department of Natural
Resources, and other water-related reports as may be required by law or the legislature.
new text end

new text begin (b) The commission may conduct public hearings and otherwise secure data and
comments.
new text end

new text begin (c) The commission shall make recommendations as it deems proper to assist the
legislature in formulating legislation.
new text end

new text begin (d) Data or information compiled by the Legislative Water Commission or its
subcommittees shall be made available to the Legislative-Citizen Commission on
Minnesota Resources and standing and interim committees of the legislature on request
of the chair of the respective commission or committee.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin This section expires July 1, 2018.
new text end

Sec. 2.

Minnesota Statutes 2012, section 103G.271, subdivision 1, is amended to read:

Subdivision 1.

Permit required.

(a) Except as provided in paragraph (b), the state,
a person, partnership, or association, private or public corporation, county, municipality,
or other political subdivision of the state may not appropriate or use waters of the state
without a water use permit from the commissioner.

(b) This section does not apply to use for a water supply by less than 25 persons
for domestic purposes new text begin , except as required by the commissioner under section 103G.287,
subdivision 4, paragraph (b) new text end .

(c) The commissioner may issue a state general permit for appropriation of water to a
governmental subdivision or to the general public. The general permit may authorize more
than one project and the appropriation or use of more than one source of water. Water use
permit processing fees and reports required under subdivision 6 and section 103G.281,
subdivision 3, are required for each project or water source that is included under a general
permit, except that no fee is required for uses totaling less than 15,000,000 gallons annually.

Sec. 3.

Minnesota Statutes 2012, section 103G.271, subdivision 4, is amended to read:

Subd. 4.

Minimum use exemption and local approval of low use permits.

(a)
Except for local permits under section 103B.211, subdivision 4, a water use permit is not
required for the appropriation and use of less than deleted text begin a minimum amount prescribed by the
commissioner by rule deleted text end new text begin 10,000 gallons per day and totaling no more than 1,000,000 gallons
per year, except as required by the commissioner under section 103G.287, subdivision 4,
paragraph (b) new text end .

(b) Water use permits for more than the minimum amount but less than an
intermediate amount prescribed by rule must be processed and approved at the municipal,
county, or regional level based on rules adopted by the commissioner.

(c) The rules must include provisions for reporting to the commissioner the amounts
of water appropriated under local permits.

Sec. 4.

Minnesota Statutes 2012, section 103G.287, subdivision 4, is amended to read:

Subd. 4.

Groundwater management areas.

new text begin (a) new text end The commissioner may designate
groundwater management areas and limit total annual water appropriations and uses within
a designated area to ensure sustainable use of groundwater that protects ecosystems, water
quality, and the ability of future generations to meet their own needs. Water appropriations
and uses within a designated management area must be consistent with a plan approved by
the commissioner that addresses water conservation requirements and water allocation
priorities established in section 103G.261.

new text begin (b) Within designated groundwater management areas, the commissioner may
require permits as specified in section 103G.271 for all water users, including those using
less than 10,000 gallons per day or 1,000,000 gallons per year and water supplies serving
less than 25 persons for domestic purposes.
new text end

Sec. 5. new text begin GROUNDWATER SUSTAINABILITY RECOMMENDATIONS.
new text end

new text begin The commissioner of natural resources shall develop recommendations on
additional tools needed to fully implement the groundwater sustainability requirements
of Minnesota Statutes, section 103G.287, subdivisions 3 and 5. The recommendations
shall be submitted to the chairs of the environment and natural resources policy and
finance committees by January 15, 2014, and shall include draft legislative language to
implement the recommendations.
new text end