HF 2613

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/21/2025 01:45 p.m.

A bill for an act
relating to natural resources; allowing transfer of unused water-use permit gallons;
allowing irrigators to use excess water in drought conditions; allowing additional
water use for cover crops; amending Minnesota Statutes 2024, section 103G.271,
subdivision 7, by adding a subdivision; proposing coding for new law in Minnesota
Statutes, chapter 103G.

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

Section 1.

Minnesota Statutes 2024, section 103G.271, subdivision 7, is amended to read:

Subd. 7.

Transferring permit.

new text begin (a) new text end A water-use permit may be transferred to a successive
owner of real property if the permittee conveys the real property where the source of water
is located. The new owner must notify the commissioner immediately after the conveyance
and request transfer of the permit. The commissioner must not deny the transfer of a permit
if the permittee is in compliance with all permit conditions and the permit meets the
requirements of sections 103G.255 to 103G.301.

new text begin (b) When transferring a permit, the commissioner must not require additional conditions
on the permit, reduce the appropriation, reduce the term, or require any testing.
new text end

Sec. 2.

Minnesota Statutes 2024, section 103G.271, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Transferring unused permit gallons. new text end

new text begin (a) A holder of a water-use permit issued
for irrigation may apply to the commissioner, on a form prescribed by the commissioner,
to transfer unused permit gallons to another holder of a water-use permit issued for irrigation.
new text end

new text begin (b) Transferring unused permit gallons is allowed only between permit holders
withdrawing from the same aquifer or surface water.
new text end

new text begin (c) The commissioner must verify the status of the unused permit gallons and maintain
a record of the transfer. The commissioner must approve the transfer of unused gallons if
both permit holders are in compliance with all permit conditions.
new text end

new text begin (d) A permit holder must not offer or accept money or other consideration for transferring
unused permit gallons.
new text end

Sec. 3.

new text begin [103G.294] WATER USE FOR IRRIGATION DURING DROUGHT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following definitions
apply:
new text end

new text begin (1) "excess water" means the number of gallons authorized under a permit holder's
water-use permit that were not used in the previous year; and
new text end

new text begin (2) "local drought conditions" means an area has been determined to be under extreme
drought (D3) or exceptional drought (D4) on the United States Drought Monitor produced
by the United States Department of Agriculture, National Oceanic and Atmospheric
Administration, and the National Drought Mitigation Center.
new text end

new text begin Subd. 2. new text end

new text begin Excess water use. new text end

new text begin The commissioner must allow a holder of a water-use permit
issued for irrigation to use excess water when the irrigated area is under local drought
conditions if:
new text end

new text begin (1) the permit holder did not use the full allocation of gallons under the permit in the
previous year; and
new text end

new text begin (2) the commissioner determines that the water use is sustainable by meeting the
applicable standards under section 103G.287, subdivision 5.
new text end

Sec. 4.

new text begin [103G.296] INCREASED WATER USE FOR COVER CROPS.
new text end

new text begin A permit holder who plans to plant late summer or fall cover crops may apply to increase
water use above the permitted amount for additional irrigation for cover crops when needed.
The commissioner must approve the increased water use to allow an additional 27,154
gallons per acre above the permitted amount if the commissioner determines that the water
use is sustainable by meeting the applicable standards under section 103G.287, subdivision
5. A permit holder that is or has been subject to an enforcement action under this section is
not eligible for increased water use under this section.
new text end