HF 3019

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/10/2022 04:05pm

A bill for an act
relating to environment; modifying water appropriation allocation priorities;
amending Minnesota Statutes 2020, sections 103G.261; 103G.291, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, section 103G.261, is amended to read:

103G.261 WATER ALLOCATION PRIORITIES.

(a) The commissioner shall adopt rules for allocation of waters based on the following
priorities for the consumptive appropriation and use of water:

(1) first priority, domestic water supply, excluding industrial and commercial uses of
municipal water supply, and use for power production that meets the contingency planning
provisions of section 103G.285, subdivision 6;

(2) second priority, a use of water that involves consumption of less than 10,000 gallons
of water per day;

(3) third priority, agricultural irrigation, and processing of agricultural products involving
consumption in excess of 10,000 gallons per day;

(4) fourth priority, power production in excess of the use provided for in the contingency
plan developed under section 103G.285, subdivision 6;

(5) fifth priority, uses, other than agricultural irrigation, processing of agricultural
products, and power production, involving consumption in excess of 10,000 gallons per
day; deleted text begin and
deleted text end

(6) sixth priority, new text begin irrigating golf courses that implement best management practices as
part of a commissioner-approved plan for conserving water and using water efficiently; and
new text end

new text begin (7) seventh priority, new text end nonessential uses.

(b) For the purposes of this section, "consumption" means water withdrawn from a
supply that is lost for immediate further use in the area.

(c) Appropriation and use of surface water from streams during periods of flood flows
and high water levels must be encouraged subject to consideration of the purposes for use,
quantities to be used, and the number of persons appropriating water.

(d) Appropriation and use of surface water from lakes of less than 500 acres in surface
area must be discouraged.

(e) The treatment and reuse of water for nonconsumptive uses shall be encouraged.

Sec. 2.

Minnesota Statutes 2020, section 103G.291, subdivision 1, is amended to read:

Subdivision 1.

Declaration and conservation.

(a) If the governor determines and
declares by executive order that there is a critical water deficiency, public water supply
authorities appropriating water must adopt and enforce water conservation restrictions within
their jurisdiction that are consistent with rules adopted by the commissioner.

(b) The restrictions must limit lawn sprinkling, vehicle washing, deleted text begin golf course and deleted text end park
irrigation, and other nonessential uses, and have appropriate penalties for failure to comply
with the restrictions.