HF 2304

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/23/2023 03:44pm

A bill for an act
relating to water; authorizing issuance and prohibiting modification of certain
water use permits; establishing White Bear Lake Area Water Use Work Group;
requiring comprehensive plan; appropriating money.

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

Section 1. new text begin WATER-USE PERMITS; CITY OF LAKE ELMO.
new text end

new text begin (a) Notwithstanding any other provision of law, the commissioner of natural resources
may:
new text end

new text begin (1) issue permits necessary for the city of Lake Elmo to construct and operate a new
municipal water supply well; and
new text end

new text begin (2) amend existing water-use permits issued to the city of Lake Elmo to increase the
authorized volume of water that may be appropriated under the permits to a level consistent
with the amount anticipated to be needed each year according to a water supply plan approved
by the commissioner under Minnesota Statutes, section 103G.291.
new text end

new text begin (b) Notwithstanding paragraph (a), all new and amended water-use permits issued by
the commissioner to the city of Lake Elmo must contain the same water-use conservation
and planning measures required by law for municipal wells located wholly or partially
within the five-mile radius of White Bear Lake.
new text end

new text begin (c) This section expires June 30, 2027.
new text end

Sec. 2. new text begin WHITE BEAR LAKE AREA WATER-USE PERMIT MODIFICATION
MORATORIUM.
new text end

new text begin (a) Except as provided under paragraph (b), the commissioner of natural resources may
not reduce the total maximum amount of groundwater use permitted under a White Bear
Lake area water-use permit issued or amended before January 1, 2023.
new text end

new text begin (b) Notwithstanding paragraph (a), the commissioner of natural resources may reduce
the authorized amount of groundwater use permitted or impose additional restrictions or
conditions if necessary to address emergency preparedness or other public health and safety
issues as determined by the commissioner.
new text end

new text begin (c) Except as provided under paragraph (b), this section does not authorize the
commissioner to reduce or eliminate water-use conservation or planning conditions imposed
on municipal water appropriation permits for wells located wholly or partially within a
five-mile radius of White Bear Lake.
new text end

new text begin (d) For the purposes of this section, "White Bear Lake area water-use permit" means a
water-use permit authorizing the use of groundwater from one or more municipal wells
located wholly or partially within a five-mile radius of White Bear Lake.
new text end

new text begin (e) This section expires June 30, 2027.
new text end

Sec. 3. new text begin WHITE BEAR LAKE AREA WATER-USE WORK GROUP;
APPROPRIATION.
new text end

new text begin $3,000,000 in fiscal year 2024 is appropriated from the general fund to the Metropolitan
Council to develop a comprehensive plan to ensure communities in the White Bear Lake
area have access to sufficient safe drinking water to allow for municipal growth while
simultaneously ensuring the sustainability of surface and groundwater resources to supply
the needs of future generations. The Metropolitan Council must establish a work group
consisting of the commissioners of natural resources, health, and the Pollution Control
Agency or their designees, and representatives from the Metropolitan Area Water Supply
Advisory Committee, the St. Paul Regional Water Services, the cities of Stillwater,
Mahtomedi, Hugo, Lake Elmo, Lino Lakes, North St. Paul, Oakdale, Vadnais Heights,
Shoreview, Woodbury, New Brighton, and White Bear Lake, and the town of White Bear
to advise the council in developing the comprehensive plan. This is a onetime appropriation
and is available until June 30, 2027. The comprehensive plan must:
new text end

new text begin (1) evaluate methods for conserving and recharging groundwater in the area, including:
new text end

new text begin (i) converting water supplies that are groundwater dependent to total or partial supplies
from surface water sources;
new text end

new text begin (ii) reusing water, including water discharged from contaminated wells;
new text end

new text begin (iii) projects designed to increase groundwater recharge; and
new text end

new text begin (iv) other methods for reducing groundwater use;
new text end

new text begin (2) based on the evaluation conducted under clause (1), determine which existing
groundwater supply wells, if converted to surface water sources, would be most effective
and efficient in ensuring future water sustainability in the area;
new text end

new text begin (3) identify a long-term plan for converting groundwater supply wells identified in clause
(2) to surface water sources, including recommendations on water supply governance and
concept-level engineering that addresses preliminary design considerations, including supply
source, treatment, distribution, operation, and financing needed to complete any changes
to water supply infrastructure;
new text end

new text begin (4) include any policy and funding recommendations for converting groundwater supply
wells to surface water sources, treating and reusing wastewater, and any other
recommendations for additional measures that reduce groundwater use, promote water reuse,
and increase groundwater recharge;
new text end

new text begin (5) include any policy and funding recommendations for local wastewater treatment and
recharge; and
new text end

new text begin (6) be submitted to the chairs and ranking minority members of the house of
representatives and senate committees and divisions with jurisdiction over environment and
natural resources finance and policy by June 30, 2027.
new text end