HF 2434

as introduced - 87th Legislature (2011 - 2012) Posted on 02/22/2012 02:45pm

A bill for an act
relating to natural resources; setting standards for diversion or sale of water;
amending Minnesota Statutes 2010, sections 103G.261; 103G.265, subdivision
2, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, 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; and

(6) sixth priority, 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(b) For the purposes of this section, "consumption" means water withdrawn from a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.

deleted text begin (f) Diversions of water from the state for use in other states or regions of the United
States or Canada must be discouraged.
deleted text end

Sec. 2.

Minnesota Statutes 2010, section 103G.265, subdivision 2, is amended to read:

Subd. 2.

Diversion new text begin or sale new text end 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 new text begin or sale new text end 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 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; and

(2) approval of the diversion new text begin or sale new text end is given by the legislature.

Sec. 3.

Minnesota Statutes 2010, section 103G.265, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Legislative approval for diversion or sale. new text end

new text begin Legislative approval required
in subdivision 2, clause (2), shall be based on the following considerations:
new text end

new text begin (1) the requested diversion or sale of waters of the state is reasonable;
new text end

new text begin (2) the diversion or sale is not contrary to the conservation and use of waters of
the state; and
new text end

new text begin (3) the diversion or sale is not otherwise detrimental to the public welfare.
new text end

Sec. 4. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 3 are effective the day following final enactment.
new text end