Minnesota Legislature
HF 2634
2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/26/2010 08:52am
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A bill for an act
relating to natural resources; expanding prohibitions on the appropriation of
water from the Mt. Simon-Hinckley aquifer; amending Minnesota Statutes 2008,
section 103G.271, subdivision 4a.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2008, section 103G.271, subdivision 4a, is amended to
read:
Subd. 4a.
Mt. Simon-Hinckley aquifer.
(a) new text begin Except as provided in paragraphs (b)
and (c), new text end the commissioner may not issue new water use permits deleted text begin that will appropriate water
fromdeleted text end new text begin for new text end the Mt. Simon-Hinckley aquifer deleted text begin in a metropolitan county, as defined in section
473.121, subdivision 4,deleted text end unless the appropriation is for deleted text begin potabledeleted text end new text begin domestic new text end water use, there
are no feasible or practical alternatives to this source, and a water conservation plan
is incorporated with the permit. new text begin Domestic water uses include water used for general
household purposes for essential human needs such as cooking, cleaning, drinking,
washing, and waste disposal.new text end
(b) deleted text begin The commissioner shall terminate all permits authorizing appropriation and
use of water from the Mt. Simon-Hinckley aquifer for once-through systems in a
metropolitan county, as defined in section 473.121, subdivision 4, by December 31, 1992deleted text end new text begin
The commissioner may issue new water use permits for the Mt. Simon-Hinckley aquifer
for nondomestic uses if the volume of water is less than 100,000,000 gallons per year,
there are no feasible or practical alternatives to this source, and a water conservation plan
is incorporated with the permit. This paragraph does not apply within a metropolitan
county, as defined in section 473.121, subdivision 4, or to a facility eligible for property
tax exemption under section 272.02, subdivision 92new text end .
new text begin
(c) Notwithstanding paragraphs (a) and (b), the commissioner may issue a new
water use permit for the Mt. Simon-Hinckley aquifer for nondomestic use by a biofuel
or agricultural processing facility if there are no feasible or practical alternatives to the
use of the aquifer, and water recycling and water conservation plans, to be determined by
the commissioner, are required under the permit. The commissioner shall ensure that a
holder of a permit issued under this paragraph is implementing all water recycling and
conservation plans required under the permit. This paragraph does not apply within a
metropolitan county, as defined in section 473.121, subdivision 4.
new text end