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Minnesota Legislature

Office of the Revisor of Statutes

SF 1290

1st Engrossment - 90th Legislature (2017 - 2018) Posted on 03/24/2017 09:39am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to water; modifying groundwater appropriation permit requirements;
modifying well interference claim requirements; appropriating money; amending
Minnesota Statutes 2016, sections 103G.223; 103G.271, subdivision 7, by adding
a subdivision; 103G.287, subdivisions 1, 4; 103G.289.

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

Section 1.

Minnesota Statutes 2016, section 103G.223, is amended to read:


103G.223 CALCAREOUS FENS.

new text begin (a) new text endCalcareous fens, as identified by the commissioner by written order published in the
State Register, may not be filled, drained, or otherwise degraded, wholly or partially, by
any activity, unless the commissioner, under an approved management plan, decides some
alteration is necessary. Identifications made by the commissioner are not subject to the
rulemaking provisions of chapter 14 and section 14.386 does not apply.

new text begin (b) Notwithstanding paragraph (a), the commissioner must allow temporary reductions
in groundwater resources on a seasonal basis under an approved management plan for
appropriating water.
new text end

Sec. 2.

Minnesota Statutes 2016, 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.new text begin If notified, the commissioner must transfer the permit to
the successive owner.
new text end

Sec. 3.

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 Management plans; economic impacts. new text end

new text begin Before requiring a change to a
management plan for appropriating water, the commissioner must provide estimates of the
economic impact of any new restriction or policy on existing and future groundwater users
and local governments in the affected area. Strategies to address economic impacts must
be included in the plan.
new text end

Sec. 4.

Minnesota Statutes 2016, section 103G.287, subdivision 1, is amended to read:


Subdivision 1.

Applications for groundwater appropriations; preliminary well
construction approval.

(a) Groundwater use permit applications are not complete until the
applicant has supplied:

(1) a water well record as required by section 103I.205, subdivision 9, information on
the subsurface geologic formations penetrated by the well and the formation or aquifer that
will serve as the water source, and geologic information from test holes drilled to locate the
site of the production well;

(2) the maximum daily, seasonal, and annual pumpage rates and volumes being requested;

(3) information on groundwater quality in terms of the measures of quality commonly
specified for the proposed water use and details on water treatment necessary for the proposed
use;

(4) the results of an aquifer test completed according to specifications approved by the
commissioner. The test must be conducted at the maximum pumping rate requested in the
application and for a length of time adequate to assess or predict impacts to other wells and
surface water and groundwater resources. The permit applicant is responsible for all costs
related to the aquifer test, including the construction of groundwater and surface water
monitoring installations, and water level readings before, during, and after the aquifer test;
and

(5) the results of any assessments conducted by the commissioner under paragraph (c).

(b) The commissioner may waive an application requirement in this subdivision if the
information provided with the application is adequate to determine whether the proposed
appropriation and use of water is sustainable and will protect ecosystems, water quality,
and the ability of future generations to meet their own needs.

(c) The commissioner shall provide an assessment of a proposed well needing a
groundwater appropriation permit. The commissioner shall evaluate the information submitted
as required under section 103I.205, subdivision 1, paragraph (f), and determine whether the
anticipated appropriation request is likely to meet the applicable requirements of this chapter.
If the appropriation request is likely to meet applicable requirements, the commissioner
shall provide the person submitting the information with a letter providing preliminary
approval to construct the wellnew text begin and the requirements, including test-well information, that
will be needed to obtain the permit
new text end.

new text begin (d) The commissioner must provide an applicant denied a groundwater use permit or
issued a groundwater use permit that is reduced or restricted from the original request with
all information the commissioner used in making the determination, including hydrographs,
flow tests, aquifer tests, topographic maps, field reports, photographs, and proof of equipment
calibration.
new text end

Sec. 5.

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 under a groundwater management area plan, the
commissioner must provide estimates of the economic effect of any new restriction or policy
on existing and future groundwater users and local governments in the affected area.
Strategies to address economic impacts must be included in any plan.
new text end

Sec. 6.

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


103G.289 WELL INTERFERENCE; WELL SEALING.

new text begin (a) new text endThe commissioner shall not validate a well interference claim 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) An agreement, written offer, or settlement between a complainant and permittee or
permit applicant must take into account depreciation of 2.5 percent per year when calculating
the costs a permittee or permit applicant is responsible for as a result of a well interference
claim.
new text end

Sec. 7. new text beginWATER 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