2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to water; modifying permit requirements; 1.3 approving a consumptive use of water; amending 1.4 Minnesota Statutes 1995 Supplement, section 103G.245, 1.5 subdivisions 3 and 5. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 1995 Supplement, section 1.8 103G.245, subdivision 3, is amended to read: 1.9 Subd. 3. [PERMIT APPLICATION.] Application for a public 1.10 waters work permit must be in writing to the commissioner on 1.11 forms prescribed by the commissioner. The commissioner may 1.12 issue a state general permit to a governmental subdivision or to 1.13 the general public for classes of activities having minimal 1.14 impact upon public waters under which more than one project may 1.15 be conducted under a single permit. 1.16 Sec. 2. Minnesota Statutes 1995 Supplement, section 1.17 103G.245, subdivision 5, is amended to read: 1.18 Subd. 5. [DELEGATION OF PERMIT AUTHORITY TO LOCAL UNITS OF 1.19 GOVERNMENT.] The commissioner may
adopt rules to identify1.20 classes of activities in waterbasins and classes of watercourses1.21 where the commissioner maydelegate public waters work permit 1.22 authority to the appropriate county or municipality or to 1.23 watershed districts or watershed management organizations that 1.24 have elected to assert local authority over protected waters. 1.25 The public waters work permit authority must be delegated under 2.1 guidelines of the commissioner and the delegation must be done 2.2 by agreement with the involved county, municipality, watershed 2.3 district, or water management organization and in compliance 2.4 with section 103G.315. 2.5 Sec. 3. [LEGISLATIVE APPROVAL OF CONSUMPTIVE USE OF 2.6 WATER.] 2.7 Pursuant to section 103G.265, subdivision 3, the 2.8 legislature approves the consumptive use under a permit of more 2.9 than 2,000,000 gallons per day average in a 30-day period in 2.10 Rosemount and Inver Grove Heights, subject to the commissioner 2.11 of natural resources making a determination that the water 2.12 remaining in the basin of origin will be adequate to meet the 2.13 basin's need for water and approval by the commissioner of 2.14 natural resources. 2.15 Sec. 4. [EFFECTIVE DATE.] 2.16 This act is effective the day following final enactment.