HF 1472

as introduced - 91st Legislature (2019 - 2020) Posted on 02/28/2019 03:43pm

A bill for an act
relating to waters; providing for electronic transmission of certain information;
amending Minnesota Statutes 2018, sections 103G.241, subdivisions 1, 3;
103G.287, subdivision 1; 103G.311, subdivisions 2, 5; 103G.315, subdivision 8;
103G.408; 103G.615, subdivision 3a.

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

Section 1.

Minnesota Statutes 2018, section 103G.241, subdivision 1, is amended to read:

Subdivision 1.

Conditions to affect public waters.

An agent or employee of another
may not construct, reconstruct, remove, or make a change in a reservoir, dam, or waterway
obstruction on a public water or in any manner change or diminish the course, current, or
cross section of public waters unless the agent or employee has:

(1) obtained a signed statement from the property owner stating that the permits required
for the work have been obtained or a permit is not required; and

(2) mailed new text begin or electronically transmitted new text end a copy of the statement to the regional office of
the Department of Natural Resources where the proposed work is located.

Sec. 2.

Minnesota Statutes 2018, section 103G.241, subdivision 3, is amended to read:

Subd. 3.

Form for compliance.

The commissioner shall develop a form to be distributed
to contractors' associations and county auditors to comply with this section. The form must
include:

(1) a listing of the activities for which a permit is required;

(2) a description of the penalties for violating this chapter;

(3) the mailing addresses new text begin , electronic mail addresses, new text end and telephone numbers of the
regional offices of the Department of Natural Resources;

(4) a statement that water inventory maps completed according to section 103G.201 are
on file with the auditors of the counties; and

(5) spaces for a description of the work and the names, mailing addresses, new text begin electronic
mail addresses, new text end and telephone numbers of the person authorizing the work and the agent or
employee proposing to undertake it.

Sec. 3.

Minnesota Statutes 2018, 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 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;
and

(5) the results of any assessments conducted by the commissioner under paragraph (c).

(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.

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

(d) 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. 4.

Minnesota Statutes 2018, section 103G.311, subdivision 2, is amended to read:

Subd. 2.

Hearing notice.

(a) The hearing notice on an application must include:

(1) the date, place, and time fixed by the commissioner for the hearing;

(2) the waters affected, the water levels sought to be established, or control structures
proposed; and

(3) the matters prescribed by sections 14.57 to 14.59 and rules adopted thereunder.

(b) A summary of the hearing notice must be published by the commissioner at the
expense of the applicant or, if the proceeding is initiated by the commissioner in the absence
of an applicant, at the expense of the commissioner.

(c) The summary of the hearing notice must be:

(1) published once a week for two successive weeks before the day of hearing in a legal
newspaper published in the county where any part of the affected waters is located; and

(2) mailed new text begin or electronically transmitted new text end by the commissioner to the county auditor, the
mayor of a municipality, the watershed district, and the soil and water conservation district
affected by the application.

Sec. 5.

Minnesota Statutes 2018, section 103G.311, subdivision 5, is amended to read:

Subd. 5.

Demand for hearing.

(a) If a hearing is waived and an order is made issuing
or denying the permit, the applicant, the managers of the watershed district, the board of
supervisors of the soil and water conservation district, or the governing body of the
municipality may file a demand for hearing on the application. The demand for a hearing
must be filed within 30 days after mailed new text begin or electronically transmitted new text end notice of the order
with the bond required by subdivision 6.

(b) The commissioner must give notice as provided in subdivision 2, hold a hearing on
the application, and make a determination on issuing or denying the permit as though the
previous order had not been made.

(c) The order issuing or denying the permit becomes final at the end of 30 days after
mailed new text begin or electronically transmitted new text end notice of the order to the applicant, the managers of the
watershed district, the board of supervisors of the soil and water conservation district, or
the governing body of the municipality, and an appeal of the order may not be taken if:

(1) the commissioner waives a hearing and a demand for a hearing is not made; or

(2) a hearing is demanded but a bond is not filed as required by subdivision 6.

Sec. 6.

Minnesota Statutes 2018, section 103G.315, subdivision 8, is amended to read:

Subd. 8.

Notice of permit order.

Notice of orders made after hearing must be given by
publication of the order once a week for two successive weeks in a legal newspaper in the
county where the hearing was held and by mailing new text begin or electronically transmitting new text end copies of
the order to parties who entered an appearance at the hearing.

Sec. 7.

Minnesota Statutes 2018, section 103G.408, is amended to read:

103G.408 TEMPORARY DRAWDOWN OF PUBLIC WATERS.

(a) The commissioner, upon consideration of recommendations and objections as provided
in clause (2), item (iii), and paragraph (c), may issue a public-waters-work permit for the
temporary drawdown of a public water when:

(1) the public water is a shallow lake to be managed for fish, wildlife, or ecological
purposes by the commissioner and the commissioner has conducted a public hearing
presenting a comprehensive management plan outlining how and when temporary drawdowns
under this section will be conducted; or

(2) the permit applicant is a public entity and:

(i) the commissioner deems the project to be beneficial and makes findings of fact that
the drawdown is in the public interest;

(ii) the permit applicant has obtained permission from at least 75 percent of the riparian
landowners; and

(iii) the permit applicant has conducted a public hearing according to paragraph (d).

(b) In addition to the requirements in section 103G.301, subdivision 6, the permit
applicant shall serve a copy of the application on each county, municipality, and watershed
management organization, if one exists, within which any portion of the public water is
located and on the lake improvement district, if one exists.

(c) A county, municipality, watershed district, watershed management organization, or
lake improvement district required to be served under paragraph (b) or section 103G.301,
subdivision 6, may file a written recommendation for the issuance of a permit or an objection
to the issuance of a permit with the commissioner within 30 days after receiving a copy of
the application.

(d) The hearing notice for a public hearing under paragraph (a), clause (2), item (iii),
must:

(1) include the date, place, and time for the hearing;

(2) include the waters affected and a description of the proposed project;

(3) be mailed new text begin or electronically transmitted new text end to the director, the county auditor, the clerk
or mayor of a municipality, the lake improvement district if one exists, the watershed district
or water management organization, the soil and water conservation district, and all riparian
owners of record affected by the application; and

(4) be published in a newspaper of general circulation in the affected area.

(e) Periodic temporary drawdowns conducted under paragraph (a) deleted text begin shall deleted text end new text begin are new text end not deleted text begin be deleted text end
considered takings from riparian landowners.

(f) This section does not apply to public waters that have been designated for wildlife
management under section 97A.101.

Sec. 8.

Minnesota Statutes 2018, section 103G.615, subdivision 3a, is amended to read:

Subd. 3a.

Invasive aquatic plant management permit.

(a) "Invasive aquatic plant
management permit" means an aquatic plant management permit as defined in rules of the
Department of Natural Resources that authorizes the selective control of invasive aquatic
plants to cause a significant reduction in the abundance of the invasive aquatic plant.

(b) The commissioner may waive the dated signature of approval requirement in rules
of the Department of Natural Resources for invasive aquatic plant management permits if
obtaining signatures would create an undue burden on the permittee or if the commissioner
determines that aquatic plant control is necessary to protect natural resources.

(c) If the signature requirement is waived under paragraph (b) because obtaining
signatures would create an undue burden on the permittee, the commissioner shall require
an alternate form of landowner notification, including news releases or public notices in a
local newspaper, a public meeting, or a mailing new text begin or electronic transmission new text end to the most recent
permanent new text begin physical or electronic mailing new text end address of affected landowners. The notification
must be given annually and must include: the proposed date of treatment, the target species,
the method of control or product being used, and instructions on how the landowner may
request that control not occur adjacent to the landowner's property.

(d) The commissioner may allow dated signatures of approval obtained for an invasive
aquatic plant management permit to satisfy rules of the Department of Natural Resources
to remain valid for three years if property ownership remains unchanged.