HF 135

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 02/24/2011 03:09pm

A bill for an act
relating to natural resources; modifying authority to regulate wells; amending
Minnesota Statutes 2010, sections 110A.02, subdivision 4; 412.221, subdivision
11; proposing coding for new law in Minnesota Statutes, chapter 465.

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

Section 1.

Minnesota Statutes 2010, section 110A.02, subdivision 4, is amended to read:

Subd. 4.

Works; system.

"Works" and "system" include all lands, property, rights,
rights-of-way, easements, and related franchises deemed necessary or convenient for their
operation, all water rights acquired or exercised by the board in connection with works,
all means of conserving, controlling, and distributing water, including, but not limited
to outlets, treatment plants, pumps, lift stations, service connections, mains, valves,
hydrants, public wells, reservoirs, tanks and other appurtenances of public water systems.
A work or system may be used for domestic, commercial, industrial and stock watering
purposes only and shall not be used for irrigation purposes. A board cannot regulate
the construction or use of private wells.

Sec. 2.

Minnesota Statutes 2010, section 412.221, subdivision 11, is amended to read:

Subd. 11.

Waterworks.

The council shall have power to provide and by ordinance
regulate the use of public wells, cisterns, reservoirs, waterworks, and other means of
public water supply.

Sec. 3.

[465.605] PRIVATE WELLS.

A home rule charter city or statutory city cannot regulate the construction or use of
private wells.