HF 4003

3rd Engrossment - 90th Legislature (2017 - 2018) Posted on 05/24/2018 12:27pm

A bill for an act
relating to waters; temporarily prohibiting enforcement of certain water
appropriation permit conditions.

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

Section 1. TEMPORARY ENFORCEMENT OF GROUNDWATER
APPROPRIATION PERMIT REQUIREMENTS.

(a) Until July 1, 2019, the commissioner of natural resources must not expend funds to
suspend or revoke a water appropriation permit, issue an order requiring a violation to be
corrected, assess monetary penalties, or otherwise take enforcement action against a water
appropriation permit holder if the suspension, revocation, order, penalty, or other enforcement
action is based solely on a violation of a permit requirement added to a groundwater
appropriation permit within the north and east metro groundwater management area as a
result of a court order issued in 2017.

(b) The commissioner of natural resources may continue to use all the authorities granted
to the commissioner under Minnesota Statutes, section 103G.287, to manage groundwater
resources within the north and east groundwater management area.

Sec. 2. GROUNDWATER MANAGEMENT AREA; PERMIT REQUIREMENTS.

(a) Notwithstanding water appropriation permit requirements added by the commissioner
of natural resources as a result of a court order issued in 2017, a public water supplier located
in the seven-county metropolitan area within a designated groundwater management area:

(1) is not required to revise a water supply plan to include contingency plans to fully or
partially convert its water supplies to surface water;

(2) may prepare, enact, and enforce commercial or residential irrigation bans or alternative
measures that achieve similar water use reductions when notified by the commissioner of
natural resources that lake levels have fallen below court-ordered levels; and

(3) is not required to use per capita residential water use as a measure for purposes of
water use reduction goals, plans, and implementation and may submit water use plans and
reports that use a measure other than per capita residential water use.

(b) This section expires July 1, 2019.

Sec. 3. EFFECTIVE DATE.

Sections 1 and 2 are effective June 1, 2018.