HF 1100

1st Engrossment - 88th Legislature (2013 - 2014) Posted on 03/13/2013 07:15pm

A bill for an act
relating to environment; modifying water supply management; modifying
environmental assessment worksheet requirements related to water use;
modifying provisions for groundwater appropriations; amending Minnesota
Statutes 2012, sections 103G.265, subdivisions 2, 3; 103G.287, subdivisions 1,
5; 103I.205, subdivision 1; 116D.04, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 103G.265, subdivision 2, is amended to
read:

Subd. 2.

Diversion greater than 2,000,000 gallons per day.

A water use permit
or a plan that requires a permit or the commissioner's approval, involving a diversion of
waters of the state of more than 2,000,000 gallons per day average in a 30-day period,
to a place outside of this state or from the basin of origin within this state may not be
granted or approved until deleted text begin :
deleted text end

deleted text begin (1) deleted text end a determination is made by the commissioner that the deleted text begin water remaining in the
basin of origin will be adequate to meet the basin's water resources needs during the
specified life of the diversion project deleted text end new text begin diversion is sustainable and meets the applicable
standards under section 103G.287, subdivision 5 new text end deleted text begin ; and
deleted text end

deleted text begin (2) approval of the diversion is given by the legislature deleted text end .

Sec. 2.

Minnesota Statutes 2012, section 103G.265, subdivision 3, is amended to read:

Subd. 3.

Consumptive use of more than 2,000,000 gallons per day.

deleted text begin (a) Except
as provided in paragraph (b), deleted text end A water use permit or a plan that requires a permit or the
commissioner's approval, involving a consumptive use of more than 2,000,000 gallons per
day average in a 30-day period, may not be granted or approved until deleted text begin :
deleted text end

deleted text begin (1) deleted text end a determination is made by the commissioner that the deleted text begin water remaining in the
basin of origin will be adequate to meet the basin's water resources needs during the
specified life of the deleted text end consumptive use new text begin is sustainable and meets the applicable standards
under section 103G.287, subdivision 5 new text end deleted text begin ; and
deleted text end

deleted text begin (2) approval of the consumptive use is given by the legislature deleted text end .

deleted text begin (b) Legislative approval under paragraph (a), clause (2), is not required for a
consumptive use in excess of 2,000,000 gallons per day average in a 30-day period for:
deleted text end

deleted text begin (1) a domestic water supply, excluding industrial and commercial uses of a
municipal water supply;
deleted text end

deleted text begin (2) agricultural irrigation and processing of agricultural products;
deleted text end

deleted text begin (3) construction and mine land dewatering;
deleted text end

deleted text begin (4) pollution abatement or remediation; and
deleted text end

deleted text begin (5) fish and wildlife enhancement projects using surface water sources.
deleted text end

Sec. 3.

Minnesota Statutes 2012, section 103G.287, subdivision 1, is amended to read:

Subdivision 1.

Applications for groundwater appropriations new text begin ; preliminary well
construction approval new text end .

(a) Groundwater use permit applications are not complete until
the applicant has supplied:

(1) a water well record as required by section 103I.205, subdivision 9, information
on the subsurface geologic formations penetrated by the well and the formation or aquifer
that will serve as the water source, and geologic information from test holes drilled to
locate the site of the production well;

(2) the maximum daily, seasonal, and annual pumpage rates and volumes being
requested;

(3) information on groundwater quality in terms of the measures of quality
commonly specified for the proposed water use and details on water treatment necessary
for the proposed use;

(4) an inventory of existing wells within 1-1/2 miles of the proposed production well
or within the area of influence, as determined by the commissioner. The inventory must
include information on well locations, depths, geologic formations, depth of the pump or
intake, pumping and nonpumping water levels, and details of well construction; deleted text begin and
deleted text end

(5) the results of an aquifer test completed according to specifications approved by
the commissioner. The test must be conducted at the maximum pumping rate requested
in the application and for a length of time adequate to assess or predict impacts to other
wells and surface water and groundwater resources. The permit applicant is responsible
for all costs related to the aquifer test, including the construction of groundwater and
surface water monitoring installations, and water level readings before, during, and after
the aquifer test new text begin ; and
new text end

new text begin (6) the results of any assessments conducted by the commissioner under paragraph (c) new text end .

(b) The commissioner may waive an application requirement in this subdivision
if the information provided with the application is adequate to determine whether the
proposed appropriation and use of water is sustainable and will protect ecosystems, water
quality, and the ability of future generations to meet their own needs.

new text begin (c) The commissioner shall provide an assessment of a proposed well needing a
groundwater appropriation permit. The commissioner shall evaluate the information
submitted as required under section 103I.205, subdivision 1, paragraph (f), and determine
whether the anticipated appropriation request is likely to meet the applicable requirements
of this chapter. If the appropriation request is likely to meet applicable requirements, the
commissioner shall provide the person submitting the information with a letter providing
preliminary approval to construct the well.
new text end

Sec. 4.

Minnesota Statutes 2012, section 103G.287, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Interference with other wells deleted text end new text begin Sustainability standard new text end .

The
commissioner may issue water use permits for appropriation from groundwater only if
the commissioner determines that the groundwater use is sustainable to supply the needs
of future generations and the proposed use will not harm ecosystems, degrade water, or
reduce water levels beyond the reach of public water supply and private domestic wells
constructed according to Minnesota Rules, chapter 4725.

Sec. 5.

Minnesota Statutes 2012, section 103I.205, subdivision 1, is amended to read:

Subdivision 1.

Notification required.

(a) Except as provided in paragraphs (d)
and (e), a person may not construct a well until a notification of the proposed well on a
form prescribed by the commissioner is filed with the commissioner with the filing fee in
section 103I.208 new text begin , and, when applicable, the person has met the requirements of paragraph
(f) new text end . If after filing the well notification an attempt to construct a well is unsuccessful, a
new notification is not required unless the information relating to the successful well
has substantially changed.

(b) The property owner, the property owner's agent, or the well contractor where a
well is to be located must file the well notification with the commissioner.

(c) The well notification under this subdivision preempts local permits and
notifications, and counties or home rule charter or statutory cities may not require a
permit or notification for wells unless the commissioner has delegated the permitting or
notification authority under section 103I.111.

(d) A person who is an individual that constructs a drive point well on property
owned or leased by the individual for farming or agricultural purposes or as the individual's
place of abode must notify the commissioner of the installation and location of the well.
The person must complete the notification form prescribed by the commissioner and mail
it to the commissioner by ten days after the well is completed. A fee may not be charged
for the notification. A person who sells drive point wells at retail must provide buyers
with notification forms and informational materials including requirements regarding
wells, their location, construction, and disclosure. The commissioner must provide the
notification forms and informational materials to the sellers.

(e) A person may not construct a monitoring well until a permit is issued by the
commissioner for the construction. If after obtaining a permit an attempt to construct a
well is unsuccessful, a new permit is not required as long as the initial permit is modified
to indicate the location of the successful well.

new text begin (f) When the operation of a well will require an appropriation permit from the
commissioner of natural resources, a person may not begin construction of the well until
the person submits the following information to the commissioner of natural resources:
new text end

new text begin (1) the location of the well;
new text end

new text begin (2) the formation or aquifer that will serve as the water source;
new text end

new text begin (3) the maximum daily, seasonal, and annual pumpage rates and volumes that will
be requested in the appropriation permit; and
new text end

new text begin (4) other information requested by the commissioner of natural resources that
is necessary to conduct the preliminary assessment required under section 103G.287,
subdivision 1, paragraph (c).
new text end

new text begin The person may begin construction after receiving preliminary approval from the
commissioner of natural resources.
new text end

Sec. 6.

Minnesota Statutes 2012, section 116D.04, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Groundwater; environmental assessment worksheets. new text end

new text begin When an
environmental assessment worksheet is required for a proposed action that has the
potential to require a groundwater appropriation permit from the commissioner of natural
resources, the board shall require that the environmental assessment worksheet include an
assessment of the water resources available for appropriation.
new text end