SF 3423

Introduction - 94th Legislature (2025 - 2026)

Posted on 04/25/2025 09:46 a.m.

A bill for an act
relating to environment; modifying requirements for water appropriations permits;
amending Minnesota Statutes 2024, sections 103G.287, subdivision 1; 103G.305,
subdivision 1, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2024, section 103G.287, subdivision 1, is amended to read:

Subdivision 1.

Applications for groundwater appropriations; preliminary
well-construction approval.

(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) the results of deleted text begin 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 deleted text end new text begin
any aquifer test that has previously been completed by, or on behalf of, the applicant related
to the proposed water use and well new text end ; and

(5) the results of any assessments conducted by the commissioner under paragraph deleted text begin (c) deleted text end new text begin
(d) 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) If the commissioner determines that a new aquifer test is necessary to evaluate a
proposed water use or well to determine whether the anticipated appropriation is likely to
meet the applicable requirements of this chapter, the commissioner must, within 30 days
of the commissioner's receipt of a complete application, issue a written determination
requiring the applicant to complete an aquifer test. The written determination must state the
factual findings that support the commissioner's determination that a new aquifer test is
necessary and set forth the specifications the applicant must follow to complete the aquifer
test. 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 end

deleted text begin (c) deleted text end new text begin (d) new text end 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 (e), 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 or
electronically transmitted notice providing preliminary approval to construct the well and
the requirements, including test-well information, that will be needed to obtain the permit.

deleted text begin (d) deleted text end new text begin (e) new text end The commissioner must provide an applicant denied a groundwater use permit
or issued a groundwater use permit that is reduced or restricted from the original request
with all information the commissioner used in making the determination, including
hydrographs, flow tests, aquifer tests, topographic maps, field reports, photographs, and
proof of equipment calibration.

Sec. 2.

Minnesota Statutes 2024, section 103G.305, subdivision 1, is amended to read:

Subdivision 1.

General 150-day limit.

(a) Except as provided in subdivision 2, the
commissioner must act on a water-use permit within 150 days after the completed application
for the permit has been submitted new text begin or, if the commissioner determines that a new aquifer test
is necessary under section 103G.287, subdivision 1, paragraph (c), within 120 days after
the applicant submits the results of a qualified aquifer test new text end . Within 30 business days of
application for a water-use permit, the commissioner shall notify the applicant, in writing,
whether the application is complete or incomplete. new text begin Failure of the commissioner to deny an
application for a water-use permit within the period allowed under this subdivision is
approval of the application.
new text end

(b) The commissioner must direct a hearing to be held on a water-use permit application
or make an order issuing a permit or denying a permit.

Sec. 3.

Minnesota Statutes 2024, section 103G.305, is amended by adding a subdivision
to read:

new text begin Subd. 3. new text end

new text begin Extensions. new text end

new text begin (a) The time limit in subdivision 1 is extended if a state statute,
federal law, or court order requires a process to occur before the commissioner acts on the
application and the time periods prescribed in the state statute, federal law, or court order
make it impossible for the commissioner to act on the application within the period allowed
under subdivision 1. In cases described in this paragraph, the deadline is extended to 60
days after completion of the last process required in the applicable statute, law, or order.
Final approval of the commissioner is not considered a process for purposes of this paragraph.
new text end

new text begin (b) The commissioner may extend the time limit in subdivision 1 before the end of the
initial period allowed under subdivision 1 by providing written notice of the extension to
the applicant. The notification must state the reasons for the extension and its anticipated
length, which may not exceed 60 days unless approved by the applicant.
new text end

new text begin (c) An applicant may, by written notice to the commissioner, request an extension of
the time limit under this section.
new text end