Minnesota Legislature
SF 1549
as introduced - 88th Legislature (2013 - 2014) Posted on 04/05/2013 08:24am
Current Version - as introduced
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A bill for an act
relating to water; modifying water use fees; appropriating money; amending
Minnesota Statutes 2012, sections 103G.271, subdivision 6; 103G.282.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2012, section 103G.271, subdivision 6, is amended to
read:
Subd. 6.
Water use permit processing fee.
(a) Except as described in paragraphs
(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
accordance with the schedule of fees in this subdivision for each water use permit in force
at any time during the year. Fees collected under this paragraph are credited to the water
management account in the natural resources fund. The schedule is as follows, with the
stated fee in each clause applied to the total amount appropriated:
(1) deleted text begin $140 for amounts not exceeding 50,000,000 gallons per year;
deleted text end
deleted text begin (2) $3.50deleted text end new text begin for residential use, $15new text end per 1,000,000 gallons deleted text begin for amounts greater than
50,000,000 gallons but less than 100,000,000 gallons per yeardeleted text end ;
deleted text begin (3) $4deleted text end new text begin (2) for use for metallic mine dewatering, mineral processing, and wood
products processing, $8new text end per 1,000,000 gallons deleted text begin for amounts greater than 100,000,000
gallons but less than 150,000,000 gallons per yeardeleted text end ;
deleted text begin (4) $4.50deleted text end new text begin (3) for use for nonagricultural irrigation, $75new text end per 1,000,000 gallons deleted text begin for
amounts greater than 150,000,000 gallons but less than 200,000,000 gallons per yeardeleted text end ;new text begin and
new text end
deleted text begin (5) $5deleted text end new text begin (4) for all other uses, $35 new text end per 1,000,000 gallons deleted text begin for amounts greater than
200,000,000 gallons but less than 250,000,000 gallons per year;deleted text end new text begin .
new text end
deleted text begin
(6) $5.50 per 1,000,000 gallons for amounts greater than 250,000,000 gallons but
less than 300,000,000 gallons per year;
deleted text end
deleted text begin
(7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
than 350,000,000 gallons per year;
deleted text end
deleted text begin
(8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
less than 400,000,000 gallons per year;
deleted text end
deleted text begin
(9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
than 450,000,000 gallons per year;
deleted text end
deleted text begin
(10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
less than 500,000,000 gallons per year; and
deleted text end
deleted text begin
(11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
deleted text end
(b) For once-through cooling systems, a water use processing fee must be prescribed
by the commissioner in accordance with the following schedule of fees for each water use
permit in force at any time during the year:
(1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
(2) for all other users, $420 per 1,000,000 gallons.
(c) The fee is payable based on the amount of water appropriated during the year
and, except as provided in paragraph (f), the minimum fee is deleted text begin $100deleted text end new text begin $140new text end .
(d) For water use processing fees other than once-through cooling systems:
(1) the fee for a city of the first class may not exceed deleted text begin $250,000deleted text end new text begin $275,000new text end per year;
(2) the fee for other entities for any permitted use may not exceed:
(i) deleted text begin $60,000deleted text end new text begin $66,000new text end per year for an entity holding three or fewer permits;
(ii) deleted text begin $90,000deleted text end new text begin $99,000new text end per year for an entity holding four or five permits; or
(iii) deleted text begin $300,000deleted text end new text begin $330,000new text end per year for an entity holding more than five permits;
(3) the fee for deleted text begin agriculturaldeleted text end new text begin wild ricenew text end irrigation may not exceed $750 per year;
(4) the fee for a municipality that furnishes electric service and cogenerates steam
for home heating may not exceed $10,000 for its permit for water use related to the
cogeneration of electricity and steam; and
(5) no fee is required for a project involving the appropriation of surface water to
prevent flood damage or to remove flood waters during a period of flooding, as determined
by the commissioner.
(e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
percent per month calculated from the original due date must be imposed on the unpaid
balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
may not be imposed on an agency, as defined in section 16B.01, subdivision 2, or federal
governmental agency holding a water appropriation permit.
(f) The minimum water use processing fee for a permit issued for irrigation of
agricultural land is $20 for years in which:
(1) there is no appropriation of water under the permit; or
(2) the permit is suspended for more than seven consecutive days between May 1
and October 1.
(g) A surcharge of deleted text begin $30deleted text end new text begin $75new text end per million gallons in addition to the fee prescribed in
paragraph (a) shall be applied to the volume of water used in each of the months of new text begin May,
new text end June, July, deleted text begin anddeleted text end Augustnew text begin , and Septembernew text end that exceeds the volume of water used in January
for deleted text begin municipal water use, irrigation of golf courses, and landscape irrigationdeleted text end new text begin all water
uses, excluding irrigationnew text end . The surcharge for deleted text begin municipalitiesdeleted text end new text begin a permit holdernew text end with more
than one permit shall be determined based on the total appropriations from all permits
that supply a common distribution system.
Sec. 2.
Minnesota Statutes 2012, section 103G.282, is amended to read:
103G.282 MONITORING TO EVALUATE IMPACTS FROM
APPROPRIATIONS.
Subdivision 1.
Monitoring equipment.
The commissioner may deleted text begin require the
installation and maintenance ofdeleted text end new text begin install and maintainnew text end monitoring equipment to evaluate
water resource impacts from permitted appropriations and proposed projects that require
a permit. deleted text begin Monitoring for water resources that supply more than one appropriator must
be designed to minimize costs to individual appropriators. The cost of drilling additional
monitoring wells must be shared proportionally by all permit holders that are directly
affecting a particular water resources feature.deleted text end new text begin The commissioner may require a permit
holder or a proposer of a project to install and maintain monitoring equipment to evaluate
water resource impacts when the commissioner determines that the permitted or proposed
water use is or has the potential to be the primary source of water resource impacts in an
area.
new text end
Subd. 2.
Measuring devices required.
Monitoring installations deleted text begin required
deleted text end new text begin establishednew text end under subdivision 1 must be equipped with automated measuring devices
to measure water levels, flows, or conditions. The commissioner may new text begin require a permit
holder or a proposer of a project to perform water measurements. The commissioner
may new text end determine the frequency of measurements and other measuring methods based on
the quantity of water appropriated or used, the source of water, potential connections to
other water resources, the method of appropriating or using water, seasonal and long-term
changes in water levels, and any other facts supplied to the commissioner.
Subd. 3.
Reports and costs.
(a) Records of water measurements under subdivision
2 must be kept for each installation. The measurements must be reported annually to the
commissioner on or before February 15 of the following year in a format or on forms
prescribed by the commissioner.
(b) The deleted text begin owner or persondeleted text end new text begin permit holder or project proposernew text end in charge of an installation
for appropriating or using waters of the state or a proposal that requires a permit is
responsible for all costs related to establishing and maintaining monitoring installations
and to measuring and reporting data. deleted text begin Monitoring costs for water resources that supply
more than one appropriator may be distributed among all users within a monitoring area
determined by the commissioner and assessed based on volumes of water appropriated
and proximity to resources of concern.deleted text end new text begin The commissioner may require a permit holder or
project proposer utilizing monitoring equipment installed by the commissioner to meet
water measurement requirements to cover the costs related to measuring and reporting data.
new text end
Sec. 3. new text begin APPROPRIATION.
new text end
new text begin
$2,500,000 in fiscal year 2014 and $5,260,000 in fiscal year 2015 are appropriated
from the water management account in the natural resources fund to the commissioner of
natural resources for the following activities:
new text end
new text begin
(1) installation of additional groundwater monitoring wells;
new text end
new text begin
(2) increased financial reimbursement and technical support to soil and water
conservation districts or other local units of government for groundwater level monitoring;
new text end
new text begin
(3) additional surface water monitoring and analysis, including installation of
monitoring gauges;
new text end
new text begin
(4) additional groundwater analysis to assist with water appropriation permitting
decisions;
new text end
new text begin
(5) additional permit application review incorporating surface water and
groundwater technical analysis;
new text end
new text begin
(6) enhancement of precipitation data and analysis to improve the use of irrigation;
new text end
new text begin
(7) acceleration of the county geologic atlas;
new text end
new text begin
(8) enhanced information technology, including electronic permitting and integrated
data systems; and
new text end
new text begin
(9) increased compliance and monitoring.
new text end