HF 2827

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/13/2023 10:12am

A bill for an act
relating to natural resources; requiring the issuance or modification of groundwater
appropriation permits near White Bear Lake; requiring the development of
recommendations to ensure safe drinking water for east metropolitan communities
in a manner that supports both growth and sustainability; requiring a report;
amending Minnesota Statutes 2022, sections 103G.211; 103G.285, by adding a
subdivision; 103G.287, by adding subdivisions; 116B.03, subdivision 1; 116B.10,
by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 103G.211, is amended to read:

103G.211 DRAINING PUBLIC WATERS PROHIBITED WITHOUT
REPLACEMENT.

new text begin (a) new text end Except as provided in sections 103G.221 to 103G.235, public waters may not be
drained, and a permit authorizing drainage of public waters may not be issued, unless the
public waters to be drained are replaced by public waters that will have equal or greater
public value.

new text begin (b) Nothing in this section is to be construed to prevent the commissioner from issuing
or amending a water-use permit for appropriation from groundwater where:
new text end

new text begin (1) the application is for a new groundwater well or to increase appropriation amounts
under an existing permit;
new text end

new text begin (2) the applicant is a municipality wholly or partially located within a five-mile radius
of White Bear Lake; and
new text end

new text begin (3) the amount of water to be appropriated under the proposal is consistent with the
amount anticipated to be needed by the applicant each year according to a water supply
plan approved by the commissioner under section 103G.291 before 2021.
new text end

new text begin (c) Paragraph (b) and this paragraph expire January 1, 2041.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to applications for new or modified permits filed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, section 103G.285, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Application. new text end

new text begin (a) Nothing in this section is to be construed to prevent the
commissioner from issuing or amending a water-use permit for appropriation from
groundwater where:
new text end

new text begin (1) the application is for a new groundwater well or to increase appropriation amounts
under an existing permit;
new text end

new text begin (2) the applicant is a municipality wholly or partially located within a five-mile radius
of White Bear Lake; and
new text end

new text begin (3) the amount of water to be appropriated under the proposal is consistent with the
amount anticipated to be needed by the applicant each year according to a water supply
plan approved by the commissioner under section 103G.291 before 2021.
new text end

new text begin (b) This subdivision expires January 1, 2041.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to applications for new or modified permits filed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2022, section 103G.287, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Application. new text end

new text begin (a) Nothing in this section is to be construed to prevent the
commissioner from issuing or amending a water-use permit for appropriation from
groundwater where:
new text end

new text begin (1) the application is for a new groundwater well or to increase appropriation amounts
under an existing permit;
new text end

new text begin (2) the applicant is a municipality wholly or partially located within a five-mile radius
of White Bear Lake; and
new text end

new text begin (3) the amount of water to be appropriated under the proposal is consistent with the
amount anticipated to be needed by the applicant each year according to a water supply
plan approved by the commissioner under section 103G.291 before 2021.
new text end

new text begin (b) This subdivision expires January 1, 2041.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to applications for new or modified permits filed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2022, section 103G.287, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Issuance of certain permits. new text end

new text begin (a) Notwithstanding any other provision of law,
the commissioner must issue a water-use permit for appropriation from groundwater that
meets the criteria of subdivision 6. Nothing in this subdivision is to be construed to prohibit
the commissioner from imposing conditions on the permit so long as the conditions do not
prevent the applicant from appropriating the amount of groundwater applied for.
new text end

new text begin (b) This subdivision expires January 1, 2041.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to applications for new or modified permits filed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2022, section 116B.03, subdivision 1, is amended to read:

Subdivision 1.

Parties.

Any person residing within the state; the attorney general; any
political subdivision of the state; any instrumentality or agency of the state or of a political
subdivision thereof; or any partnership, corporation, association, organization, or other
entity having shareholders, members, partners or employees residing within the state may
maintain a civil action in the district court for declaratory or equitable relief in the name of
the state of Minnesota against any person, for the protection of the air, water, land, or other
natural resources located within the state, whether publicly or privately owned, from
pollution, impairment, or destruction; provided, however, that no action deleted text begin shall be deleted text end new text begin is new text end allowable
deleted text begin hereunder deleted text end new text begin under this section new text end for new text begin :
new text end

new text begin (1) new text end acts taken by a person on land leased or owned by said person pursuant to a permit
or license issued by the owner of the land to said person which do not and can not reasonably
be expected to pollute, impair, or destroy any other air, water, land, or other natural resources
located within the state; deleted text begin provided further that no action shall be allowable under this section
for
deleted text end

new text begin (2) new text end conduct taken by a person pursuant to any environmental quality standard, limitation,
rule, order, license, stipulation agreement or permit issued by the Pollution Control Agency,
Department of Natural Resources, Department of Health or Department of Agriculture deleted text begin . deleted text end new text begin ; or
new text end

new text begin (3) issuance of a groundwater appropriation permit that meets the criteria under section
103G.287, subdivision 6, by the Department of Natural Resources. This clause expires
January 1, 2041.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to applications for new or modified permits filed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2022, section 116B.10, is amended by adding a subdivision to
read:

new text begin Subd. 6. new text end

new text begin Application. new text end

new text begin No action is allowable under this section for issuance of a
groundwater appropriation permit that meets the criteria under section 103G.287, subdivision
6, by the Department of Natural Resources. This subdivision expires January 1, 2041.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to applications for new or modified permits filed on or after that date.
new text end

Sec. 7. new text begin ENSURING SUSTAINABLE GROUNDWATER LEVELS IN WHITE BEAR
LAKE AND RELATED AQUIFERS.
new text end

new text begin The commissioner of natural resources, in cooperation with the commissioner of health,
the Metropolitan Council, and representatives of east metropolitan area municipalities, must
explore available options for supplying east metropolitan area communities with safe drinking
water in a manner that allows municipal growth while simultaneously ensuring the
sustainability and quality of the state's water resources in and around White Bear Lake and
neighboring aquifers. By October 1, 2024, the commissioner must report findings and
recommendations to the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over environment and natural resources.
new text end

Sec. 8. new text begin CONTINUATION OF OTHER WATER APPROPRIATION PERMITS.
new text end

new text begin Before additional rulemaking or legislative action in response to the findings and
recommendations submitted under section 7, the commissioner of natural resources must
not reduce appropriations under a groundwater appropriations permit, terminate groundwater
appropriations authorized by a permit, or decline to renew a groundwater appropriations
permit where:
new text end

new text begin (1) the permit was in effect as of December 31, 2021;
new text end

new text begin (2) the permit authorized appropriation of groundwater from a site located wholly or
partially within a five-mile radius of White Bear Lake;
new text end

new text begin (3) the permittee is in compliance with applicable permit terms; and
new text end

new text begin (4) the permittee is not a municipality.
new text end