HF 3555

as introduced - 90th Legislature (2017 - 2018) Posted on 03/08/2018 02:37pm

A bill for an act
relating to natural resources; modifying certain conditions on water appropriations
and wells; amending Minnesota Statutes 2016, sections 103G.271, by adding a
subdivision; 103G.287, subdivision 4; 103G.289; Minnesota Statutes 2017
Supplement, section 103G.271, subdivision 7.

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

Section 1.

Minnesota Statutes 2017 Supplement, section 103G.271, subdivision 7, is
amended to read:

Subd. 7.

Transfer of permit.

A water-use permit may be transferred to a successive
owner of real property if the permittee conveys the real property where the source of water
is located. The new owner must notify the commissioner immediately after the conveyance
and request transfer of the permit. The commissioner must not deny the transfer of a permit
if the permittee is in compliance with all permit conditions and the permit meets the
requirements of sections 103G.255 to 103G.301. new text begin The commissioner must not require
additional conditions on the permit or require additional testing when transferring a permit.
new text end

Sec. 2.

Minnesota Statutes 2016, section 103G.271, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Groundwater use; restrictions; supporting data. new text end

new text begin Before proposing to restrict
groundwater usage in a geographic area, the commissioner must demonstrate to affected
permit holders that any data used to make the decision to restrict usage in the area supports
the decision.
new text end

Sec. 3.

Minnesota Statutes 2016, section 103G.287, subdivision 4, is amended to read:

Subd. 4.

Groundwater management areas.

(a) The commissioner may designate
groundwater management areas and limit total annual water appropriations and uses within
a designated area to ensure sustainable use of groundwater that protects ecosystems, water
quality, and the ability of future generations to meet their own needs. Water appropriations
and uses within a designated management area must be consistent with a groundwater
management area plan approved by the commissioner that addresses water conservation
requirements and water allocation priorities established in section 103G.261. At least 30
days prior to implementing or modifying a groundwater management area plan under this
subdivision, the commissioner shall consult with the advisory team established in paragraph
(c).

(b) Notwithstanding section 103G.271, subdivision 1, paragraph (b), and Minnesota
Rules, within designated groundwater management areas, the commissioner may require
general permits as specified in section 103G.271, subdivision 1, paragraph (c), for water
users using less than 10,000 gallons per day or 1,000,000 gallons per year and water suppliers
serving less than 25 persons for domestic purposes. The commissioner may waive the
requirements under section 103G.281 for general permits issued under this paragraph, and
the fee specified in section 103G.301, subdivision 2, paragraph (c), does not apply to general
permits issued under this paragraph.

(c) When designating a groundwater management area, the commissioner shall assemble
an advisory team to assist in developing a groundwater management area plan for the area.
The advisory team members shall be selected from public and private entities that have an
interest in the water resources affected by the groundwater management area. A majority
of the advisory team members shall be public and private entities that currently hold water-use
permits for water appropriations from the affected water resources. The commissioner shall
consult with the League of Minnesota Cities, the Association of Minnesota Counties, the
Minnesota Association of Watershed Districts, and the Minnesota Association of Townships
in appointing the local government representatives to the advisory team. The advisory team
may also include representatives from the University of Minnesota, the Minnesota State
Colleges and Universities, other institutions of higher learning in Minnesota, political
subdivisions with jurisdiction over water issues, nonprofits with expertise in water, and
federal agencies.

new text begin (d) Before making a change to a management plan for appropriating water, the
commissioner must consider the economic impact of the proposed change.
new text end

Sec. 4.

Minnesota Statutes 2016, section 103G.289, is amended to read:

103G.289 WELL INTERFERENCE; deleted text begin WELL SEALING deleted text end new text begin VALIDATION;
CONTESTED CASE new text end .

new text begin (a) new text end The commissioner shall not validate a new text begin claim for new text end well interference deleted text begin claim deleted text end if the affected
well has been sealed prior to the completion of the commissioner's investigation of the
complaint. If the well is sealed prior to completion of the investigation, the commissioner
must dismiss the complaint.

new text begin (b) When validating a claim for well interference, the commissioner must take into
account the age and condition of the affected well and subtract appropriate depreciation
from the claim.
new text end

new text begin (c) Within 30 days after the commissioner's decision on a claim for well interference, a
party ordered by the commissioner to contribute to an affected well owner may petition for
a contested case hearing under sections 14.57 to 14.62. The commissioner must grant the
petitioner a contested case hearing on the commissioner's decision.
new text end