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SF 3355

as introduced - 91st Legislature (2019 - 2020) Posted on 02/20/2020 02:54pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
 relating to natural resources; modifying requirements for water diversions and
consumptive use; amending Minnesota Statutes 2018, section 103G.265,
subdivisions 2, 3.

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

Section 1.

Minnesota Statutes 2018, section 103G.265, subdivision 2, is amended to read:


Subd. 2.

Diversion greater than deleted text begin 2,000,000deleted text end new text begin 1,000,000new text end gallons per day.

A water-use
permit or a plan that requires a permit or the commissioner's approval, involving a diversion
of waters of the state of more than deleted text begin 2,000,000deleted text end new text begin 1,000,000new text end gallons per day average in a 30-day
period, to a place outside of this state or from the basin of origin within this state may not
be granted or approved until deleted text begin a determination is made bydeleted text end new text begin :
new text end

new text begin (1)new text end the commissioner new text begin determines new text end that the water remaining in the basin of origin will be
adequate to meet the basin's water resources needs during the specified life of the diversion
project and, for groundwater, the diversion meets the applicable standards under section
103G.287, subdivision 5deleted text begin .deleted text end new text begin ; and
new text end

new text begin (2) the legislature approves the diversion.
 new text end

Sec. 2.

Minnesota Statutes 2018, section 103G.265, subdivision 3, is amended to read:


Subd. 3.

Consumptive use of more than deleted text begin 2,000,000deleted text end new text begin 1,000,000new text end gallons per day.

new text begin (a)
Except as provided in paragraph (b),new text end a water-use permit or a plan that requires a permit or
the commissioner's approval, involving a consumptive use of more than deleted text begin 2,000,000deleted text end new text begin 1,000,000new text end
gallons per day average in a 30-day period, may not be granted or approved until deleted text begin a
determination is made bydeleted text end new text begin :
new text end

new text begin (1)new text end the commissioner new text begin determines new text end that the water remaining in the basin of origin will be
adequate to meet the basin's water resources needs during the specified life of the
consumptive use and, for groundwater, the consumptive use meets the applicable standards
under section 103G.287, subdivision 5deleted text begin .deleted text end new text begin ; and
new text end

new text begin (2) the legislature approves the consumptive use.
 new text end

new text begin (b) Legislative approval under paragraph (a), clause (2), is not required for a consumptive
use in excess of 1,000,000 gallons per day average in a 30-day period for:
 new text end

new text begin (1) a domestic water supply, excluding industrial and commercial uses of a municipal
water supply;
 new text end

new text begin (2) agricultural irrigation and processing of agricultural products;
 new text end

new text begin (3) construction and mine land dewatering;
 new text end

new text begin (4) pollution abatement or remediation; or
 new text end

new text begin (5) fish and wildlife enhancement projects using surface water sources.
 new text end