SF 1110

as introduced - 92nd Legislature (2021 - 2022) Posted on 11/09/2021 01:24pm

A bill for an act
relating to waters; modifying provisions for managing water and issuing permits
to appropriate water; amending Minnesota Statutes 2020, sections 103G.255;
103G.271, subdivision 4a, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2020, section 103G.255, is amended to read:

103G.255 ALLOCATING AND CONTROLLING WATERS OF THE STATE.

Both surface water and groundwater are public assets managed by the state for the benefit
of the public. Based on this paramount consideration, the commissioner shall administer:

(1) the use, allocation, and control of waters of the state;

(2) the establishment, maintenance, and control of lake levels and water storage reservoirs;
and

(3) the determination of the ordinary high-water level of waters of the state.

Sec. 2.

Minnesota Statutes 2020, section 103G.271, subdivision 4a, is amended to read:

Subd. 4a.

Mt. Simon-Hinckley aquifer.

(a) The commissioner may not issue new
water-use permits that will appropriate water from the Mt. Simon-Hinckley aquifer in a
metropolitan county, as defined in section 473.121, subdivision 4, unless the appropriation
is for potable water use, there are no feasible or practical alternatives to this source, and a
water conservation plan is incorporated with the permit.

(b) The commissioner shall terminate all permits authorizing appropriation and use of
water from the Mt. Simon-Hinckley aquifer for once-through systems in a metropolitan
county, as defined in section 473.121, subdivision 4, by December 31, 1992.

Sec. 3.

Minnesota Statutes 2020, section 103G.271, is amended by adding a subdivision
to read:

Subd. 4b.

Bulk transport or sale.

(a) To maintain the supply of drinking water for future
generations and except as provided under paragraph (b), the commissioner may not issue
a new water-use permit to appropriate water in excess of one million gallons per year for
bulk transport or sale of water for consumptive use to a location more than 50 miles from
the point of the proposed appropriation.

(b) Paragraph (a) does not apply to a water-use permit for a public water supply, as
defined under section 144.382, subdivision 4, issued to a local unit of government, rural
water district established under chapter 116A, or tribal unit of government if:

(1) the use is solely for the public water supply;

(2) the local unit of government, rural water district established under chapter 116A, or
tribal unit of government has a property interest at the point of the appropriation;

(3) the communities that will use the water are located within 100 miles of the point of
appropriation; and

(4) the requirements in sections 103G.265, 103G.285, and 103G.287 are met.