SF 1434

3rd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to waters; modifying water appropriation 
  1.3             permit provisions; establishing fees; requiring 
  1.4             cooperation with a dam inventory; amending Minnesota 
  1.5             Statutes 2000, sections 103G.271, subdivisions 1, 5, 
  1.6             and 5a; and 103G.301, subdivision 2. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 103G.271, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [PERMIT REQUIRED.] (a) Except as provided 
  1.11  in paragraph (b), the state, a person, partnership, or 
  1.12  association, private or public corporation, county, 
  1.13  municipality, or other political subdivision of the state may 
  1.14  not appropriate or use waters of the state without a water use 
  1.15  permit from the commissioner.  
  1.16     (b) This section does not apply to use for a water supply 
  1.17  by less than 25 persons for domestic purposes.  
  1.18     (c) The commissioner may issue a state general permit for 
  1.19  temporary appropriation of water to a governmental subdivision 
  1.20  or to the general public for classes of activities that have 
  1.21  minimal impact upon waters of the state.  The general permit may 
  1.22  authorize more than one project and the appropriation or use of 
  1.23  more than one source of water.  Water use permit processing fees 
  1.24  and reports required under subdivision 6 and section 103G.281, 
  1.25  subdivision 3, are required for each project or water source 
  1.26  that is included under a general permit, except that no fee or 
  2.1   report is required for uses totaling less than 15,000,000 
  2.2   gallons annually. 
  2.3      Sec. 2.  Minnesota Statutes 2000, section 103G.271, 
  2.4   subdivision 5, is amended to read: 
  2.5      Subd. 5.  [PROHIBITION ON ONCE-THROUGH WATER USE PERMITS.] 
  2.6   (a) The commissioner may not, after December 31, 1990, issue a 
  2.7   water use permit to increase the volume of appropriation from a 
  2.8   groundwater source for a once-through cooling system using in 
  2.9   excess of 5,000,000 gallons annually. 
  2.10     (b) Except as provided in paragraph (c), Once-through 
  2.11  system water use permits using in excess of 5,000,000 gallons 
  2.12  annually, must be terminated by the commissioner by the end of 
  2.13  their design life but not later than December 31, 2010, unless 
  2.14  the discharge is into a public water basin within a nature 
  2.15  preserve approved by the commissioner and established prior to 
  2.16  January 1, 2001.  Existing once-through systems must not be 
  2.17  expanded and are required to convert to water efficient 
  2.18  alternatives within the design life of existing equipment.  
  2.19     (c) Paragraph (b) does not apply where groundwater 
  2.20  appropriated for use in a once-through system is subsequently 
  2.21  discharged into a wetland or public waters wetland owned or 
  2.22  leased by a nonprofit corporation if: 
  2.23     (1) the membership of the corporation includes a local 
  2.24  government unit; 
  2.25     (2) the deed or lease requires that the area containing the 
  2.26  wetland or public waters wetland be maintained as a nature 
  2.27  preserve; 
  2.28     (3) public access is allowed consistent with the area's 
  2.29  status as a nature preserve; and 
  2.30     (4) by January 1, 2003, the permittee incurs costs of 
  2.31  developing the nature preserve and associated facilities that, 
  2.32  when discounted to 1992 dollars, exceed twice the projected 
  2.33  cost, as determined by the commissioner, of the conversion 
  2.34  required in paragraph (b), discounted to 1992 dollars. 
  2.35  The costs incurred under clause (4) may include preparation of 
  2.36  plans and designs; site preparation; construction of wildlife 
  3.1   habitat structures; planting of trees and other vegetation; 
  3.2   installation of signs and markers; design and construction of 
  3.3   trails, docks, and access structures; and design and 
  3.4   construction of interpretative facilities.  The permittee shall 
  3.5   submit an estimate of the cost of the conversion required in 
  3.6   paragraph (b) to the commissioner by January 1, 1993, and shall 
  3.7   annually report to the commissioner on the progress of the 
  3.8   project and the level of expenditures. 
  3.9      Sec. 3.  Minnesota Statutes 2000, section 103G.271, 
  3.10  subdivision 5a, is amended to read: 
  3.11     Subd. 5a.  [MAINTENANCE OF SURFACE WATER LEVELS.] Except as 
  3.12  provided in subdivision 5, paragraph (c) (b), the commissioner 
  3.13  shall, by January 31, 1994, revoke all existing permits, and may 
  3.14  not issue new permits, for the appropriation or use of 
  3.15  groundwater in excess of 10,000,000 gallons per year for the 
  3.16  primary purpose of maintaining or increasing surface water 
  3.17  levels in the seven-county metropolitan area and in other areas 
  3.18  of concern as determined by the commissioner.  This subdivision 
  3.19  does not apply until January 1, 1998, to a municipality that, by 
  3.20  January 1, 1994, submits a plan acceptable to the commissioner 
  3.21  for maintaining or increasing surface water levels using sources 
  3.22  other than groundwater.  
  3.23     Sec. 4.  Minnesota Statutes 2000, section 103G.301, 
  3.24  subdivision 2, is amended to read: 
  3.25     Subd. 2.  [PERMIT APPLICATION FEES.] (a) An application for 
  3.26  a permit authorized under this chapter, and each request to 
  3.27  amend or transfer an existing permit, must be accompanied by a 
  3.28  permit application fee to defray the costs of receiving, 
  3.29  recording, and processing the application or request to amend or 
  3.30  transfer.  
  3.31     (b) The fee to apply for a permit to appropriate water, a 
  3.32  permit to construct or repair a dam that is subject to dam 
  3.33  safety inspection, or a state general permit or to apply for the 
  3.34  state water bank program is $75.  The application fee for a 
  3.35  permit to work in public waters or to divert waters for mining 
  3.36  must be at least $75, but not more than $500, according to a 
  4.1   schedule of fees adopted under section 16A.1285. 
  4.2      Sec. 5.  [DAM INVENTORY AND ASSESSMENT.] 
  4.3      The commissioner of natural resources shall cooperate with 
  4.4   the United States Army Corps of Engineers in carrying out the 
  4.5   inventory and assessment, and the repair of dams that are a risk 
  4.6   to public safety, that were constructed in this state by the 
  4.7   Works Progress Administration, the Works Projects 
  4.8   Administration, and the Civilian Conservation Corps, as mandated 
  4.9   by section 524 of Public Law Number 106-541.