HF 1100

as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2013 06:30pm

A bill for an act
relating to environment; modifying water supply management; modifying
environmental assessment worksheet requirements related to water use;
amending Minnesota Statutes 2012, sections 103G.265, subdivisions 2, 3;
103G.287, subdivision 5; 116D.04, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 103G.265, subdivision 2, is amended to
read:

Subd. 2.

Diversion greater than 2,000,000 gallons per day.

A water use permit
or a plan that requires a permit or the commissioner's approval, involving a diversion of
waters of the state of more than 2,000,000 gallons per day average in a 30-day period,
to a place outside of this state or from the basin of origin within this state may not be
granted or approved until:

(1) a determination is made by the commissioner that the deleted text begin water remaining in the
basin of origin will be adequate to meet the basin's water resources needs during the
specified life of the diversion project deleted text end new text begin diversion is sustainable and meets the applicable
standards under section 103G.287, subdivision 5 new text end ; and

(2) approval of the diversion is given by the legislature.

Sec. 2.

Minnesota Statutes 2012, section 103G.265, subdivision 3, is amended to read:

Subd. 3.

Consumptive use of more than 2,000,000 gallons per day.

deleted text begin (a) Except
as provided in paragraph (b), deleted text end A water use permit or a plan that requires a permit or the
commissioner's approval, involving a consumptive use of more than 2,000,000 gallons per
day average in a 30-day period, may not be granted or approved until:

(1) a determination is made by the commissioner that the deleted text begin water remaining in the
basin of origin will be adequate to meet the basin's water resources needs during the
specified life of the deleted text end consumptive use new text begin is sustainable and meets the applicable standards
under section 103G.287, subdivision 5 new text end ; and

(2) approval of the consumptive use is given by the legislature.

deleted text begin (b) Legislative approval under paragraph (a), clause (2), is not required for a
consumptive use in excess of 2,000,000 gallons per day average in a 30-day period for:
deleted text end

deleted text begin (1) a domestic water supply, excluding industrial and commercial uses of a
municipal water supply;
deleted text end

deleted text begin (2) agricultural irrigation and processing of agricultural products;
deleted text end

deleted text begin (3) construction and mine land dewatering;
deleted text end

deleted text begin (4) pollution abatement or remediation; and
deleted text end

deleted text begin (5) fish and wildlife enhancement projects using surface water sources.
deleted text end

Sec. 3.

Minnesota Statutes 2012, section 103G.287, subdivision 5, is amended to read:

Subd. 5.

deleted text begin Interference with other wells deleted text end new text begin Sustainability standard new text end .

The
commissioner may issue water use permits for appropriation from groundwater only if
the commissioner determines that the groundwater use is sustainable to supply the needs
of future generations and the proposed use will not harm ecosystems, degrade water, or
reduce water levels beyond the reach of public water supply and private domestic wells
constructed according to Minnesota Rules, chapter 4725.

Sec. 4.

Minnesota Statutes 2012, section 116D.04, is amended by adding a subdivision
to read:

new text begin Subd. 16. new text end

new text begin Groundwater; environmental assessment worksheets. new text end

new text begin The board
shall require that an environmental assessment worksheet for a proposed action that has
the potential to require a water appropriation permit from the commissioner of natural
resources include an assessment of the water resources available for appropriation. The
assessment shall identify all sources of water that may be used for the proposed action and
assess whether the proposed water use will meet the applicable sustainability standards
under section 103G.287, subdivision 5.
new text end