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HF 629

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/09/2021 09:40am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/01/2021

Current Version - as introduced

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A bill for an act
relating to environment; facilitating use of artificial aquifer recharge where
appropriate; modifying water appropriation allocation priorities; requiring reports;
appropriating money; amending Minnesota Statutes 2020, sections 103A.204;
103G.261; 103G.291, subdivision 1.

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

Section 1.

Minnesota Statutes 2020, section 103A.204, is amended to read:


103A.204 GROUNDWATER POLICY.

(a) The responsibility for the protection of groundwater in Minnesota is vested in a
multiagency approach to management. The following is a list of agencies and the groundwater
protection areas for which the agencies are primarily responsible; the list is not intended to
restrict the areas of responsibility to only those specified:

(1) Environmental Quality Board: coordination of state groundwater protection programs;

(2) Pollution Control Agency: water quality monitoring and reporting and the
development of best management practices and regulatory mechanisms for protection of
groundwater from nonagricultural chemical contaminants;

(3) Department of Agriculture: sustainable agriculture, integrated pest management,
water quality monitoring, and the development of best management practices and regulatory
mechanisms for protection of groundwater from agricultural chemical contaminants;

(4) Board of Water and Soil Resources: reporting on groundwater education and outreach
with local government officials, local water planning and management, and local cost share
programs;

(5) Department of Natural Resources: water quantity monitoring and regulation,
sensitivity mapping, and development of a plan for the use of integrated pest management
and sustainable agriculture on state-owned lands; and

(6) Department of Health: regulation of wells and borings, and the development of health
risk limits under section 103H.201.

(b) The Environmental Quality Board shall prepare a report on policy issues related to
its responsibilities listed in paragraph (a), and include these reports with the assessments in
section 103A.43 and the deleted text begin "deleted text end Minnesota Water Plandeleted text begin "deleted text end in section 103B.151.

new text begin (c) Where groundwater levels are depleted and not naturally recovering with sufficient
speed, it is the policy of the state that artificial recharge options be considered and
implemented where feasible and appropriate.
new text end

Sec. 2.

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. 3.

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 anddeleted text end park
irrigation, and other nonessential usesdeleted text begin ,deleted text end and have appropriate penalties for failure to comply
with the restrictions.

Sec. 4. new text begin REPORT ON WAYS TO ENSURE SUSTAINABILITY OF MINNESOTA'S
GROUNDWATER AND SURFACE WATER.
new text end

new text begin No later than February 1, 2022, the commissioner of natural resources must report to
the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over environment and natural resources policy
on methods to ensure that Minnesota's groundwater and surface water supplies are sustainable
in the future. The recommendations must include any statutory, regulatory, or policy changes
needed to ensure that the state's water will not be transferred out of state in an unsustainable
manner.
new text end

Sec. 5. new text begin REPORT ON ARTIFICIAL AQUIFER RECHARGE.
new text end

new text begin By February 1, 2022, the Environmental Quality Board, in cooperation with the agencies
listed in Minnesota Statutes, section 103A.204, paragraph (a), must submit a report to the
chairs and ranking minority members of the house of representatives and senate committees
and divisions with jurisdiction over environment and natural resources policy on the
feasibility of using artificial aquifer recharge to replenish groundwater levels in aquifers
where water levels are insufficient. The report must include:
new text end

new text begin (1) an explanation of the various techniques available for artificial aquifer recharge;
new text end

new text begin (2) a summary of the strengths, weaknesses, and costs of each of the recharge methods
identified;
new text end

new text begin (3) an overview of which aquifers in the state might be candidates for artificial recharge;
new text end

new text begin (4) an explanation of the potential environmental effects of artificial recharge; and
new text end

new text begin (5) identification of any statutory, regulatory, or policy changes needed to facilitate and
implement the policy in Minnesota Statutes, section 103A.204.
new text end

Sec. 6. new text begin PILOT PROGRAM TO ENSURE SAFE AND SUSTAINABLE DRINKING
WATER FOR THE FUTURE; APPROPRIATION.
new text end

new text begin $....... in fiscal year 2022 is appropriated from the general fund to the commissioner of
natural resources, in cooperation with the Board of Regents of the University of Minnesota,
Minnesota Geological Survey, to do all of the following to ensure safe and sustainable
drinking water for the future:
new text end

new text begin (1) select a pilot program area consisting of a multicounty area that includes only counties
for which county geological atlases have been completed and in which a regional aquifer
or watershed is located;
new text end

new text begin (2) develop and implement a method for synthesizing and displaying county geologic
atlas data on an aquifer or watershed basis rather than a county basis in the pilot program
area. The data must include information about discharge and recharge;
new text end

new text begin (3) construct a flow model based on the data and apply the model to determine the water
budget for the aquifer or watershed in the pilot program area and resulting prudential limits
on sustainable water appropriations from the aquifer or watershed; and
new text end

new text begin (4) no later than October 1, 2022, submit a plan to the chairs and ranking minority
members of the house of representatives and senate committees and divisions with jurisdiction
over environment and natural resources policy and finance that summarizes the work and
results of the pilot program and provides a plan for undertaking similar efforts for all major
aquifers in the state, including funding options.
new text end