HF 3624

as introduced - 89th Legislature (2015 - 2016) Posted on 03/24/2016 02:29pm

A bill for an act
relating to natural resources; providing for conditional water use permit and data
collection for calcareous fens; appropriating money.

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

Section 1. new text begin WATER USE PERMIT AND DATA COLLECTION;
APPROPRIATION.
new text end

new text begin (a) Notwithstanding Minnesota Statutes, sections 84.0895 and 103G.223, or other
law to the contrary, the commissioner of natural resources must issue, upon application, a
water use permit for calcareous fens located in the South Half of Section 28, Township
106 North, Range 44 West, Pipestone County. The permittee must agree to the following
permit conditions:
new text end

new text begin (1) the permit is for a term of 15 years, but may be revoked after five years if
paragraph (b) applies;
new text end

new text begin (2) water use under the permit is limited to irrigation of agricultural crops at a rate of
no more than 800 gallons per minute in accordance with an irrigation plan submitted with
the water use permit application;
new text end

new text begin (3) the permittee must pay for the irrigation system installed during the term of
the permit; and
new text end

new text begin (4) installation of the irrigation system must minimize disturbance to the existing
plant community in the calcareous fens. The commissioner must provide technical advice
for installation of the irrigation system.
new text end

new text begin (b) If, at any time after five years of water use, the commissioner determines the
drawdown of water from the fens endangers the continued sustainability of the calcareous
fens, the commissioner may revoke the permit. If the commissioner revokes the permit
before the permit's expiration date, the permittee must be reimbursed for the cost of the
irrigation system, prorated over the full 15-year term of the original permit.
new text end

new text begin (c) The commissioner must monitor the calcareous fens to collect data on the effects
of water use from the fens for the duration of the permit. If the commissioner concludes
that, based on collected data, the calcareous fens remain viable after 15 years of water
use, the commissioner must renew the water use permit for an additional 15 years, free
of the condition imposed under paragraph (a), clause (1).
new text end

new text begin (d) $....... in fiscal year 2017 is appropriated from the natural resources fund to
the commissioner of natural resources to provide technical assistance and collect data
according to this section.
new text end