SF 2004

1st Engrossment - 87th Legislature (2011 - 2012) Posted on 03/21/2012 08:49am

A bill for an act
relating to natural resources; setting standards for diversion of water; amending
Minnesota Statutes 2010, sections 103G.261; 103G.265, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2010, section 103G.261, is amended to read:

103G.261 WATER ALLOCATION PRIORITIES.

(a) The commissioner shall adopt rules for allocation of waters based on the
following priorities for the consumptive appropriation and use of water:

(1) first priority, domestic water supply, excluding industrial and commercial uses of
municipal water supply, and use for power production that meets the contingency planning
provisions of section 103G.285, subdivision 6;

(2) second priority, a use of water that involves consumption of less than 10,000
gallons of water per day;

(3) third priority, agricultural irrigation, and processing of agricultural products
involving consumption in excess of 10,000 gallons per day;

(4) fourth priority, power production in excess of the use provided for in the
contingency plan developed under section 103G.285, subdivision 6;

(5) fifth priority, uses, other than agricultural irrigation, processing of agricultural
products, and power production, involving consumption in excess of 10,000 gallons per
day; and

(6) sixth priority, nonessential uses.

(b) For the purposes of this section, "consumption" means water withdrawn from a
supply that is lost for immediate further use in the area.

(c) Appropriation and use of surface water from streams during periods of flood
flows and high water levels must be encouraged subject to consideration of the purposes
for use, quantities to be used, and the number of persons appropriating water.

(d) Appropriation and use of surface water from lakes of less than 500 acres in
surface area must be discouraged.

(e) The treatment and reuse of water for nonconsumptive uses shall be encouraged.

deleted text begin (f) Diversions of water from the state for use in other states or regions of the United
States or Canada must be discouraged.
deleted text end

Sec. 2.

Minnesota Statutes 2010, section 103G.265, is amended by adding a
subdivision to read:

new text begin Subd. 2a. new text end

new text begin Legislative approval for diversion. new text end

new text begin Legislative approval required in
subdivision 2, clause (2), shall be based on the following considerations:
new text end

new text begin (1) the requested diversion of waters of the state is reasonable;
new text end

new text begin (2) the diversion is not contrary to the conservation and use of waters of the state; and
new text end

new text begin (3) the diversion is not otherwise detrimental to the public welfare.
new text end

Sec. 3. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 and 2 are effective the day following final enactment.
new text end