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HF 1294

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/08/2021 04:28pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/18/2021

Current Version - as introduced

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A bill for an act
relating to water; requiring public meeting for certain water-use permits; modifying
water-use permit requirements; amending Minnesota Statutes 2020, sections
103G.271, by adding subdivisions; 103G.287, subdivision 5.

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

Section 1.

Minnesota Statutes 2020, section 103G.271, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Public meeting. new text end

new text begin Before issuing a water-use permit or a plan for consumptive
use of more than 216,000 gallons per day average in a 30-day period, the commissioner
must hold a public meeting in the county affected most by the potential impact to the public
groundwater resource. At least 21 days before the public meeting, the commissioner must
publish notice of the meeting in a newspaper of general circulation in the county and must
mail the notice to persons who have registered their names with the commissioner for this
purpose.
new text end

Sec. 2.

Minnesota Statutes 2020, section 103G.271, is amended by adding a subdivision
to read:


new text begin Subd. 4b. new text end

new text begin Vintage groundwater. new text end

new text begin The commissioner may not issue a new or modified
water-use permit that will appropriate vintage groundwater unless the commissioner
determines that the groundwater use will not cause groundwater with a tritium concentration
greater than one tritium unit to be drawn into the vintage groundwater. For purposes of this
section, "vintage groundwater" is groundwater with tritium concentrations less than or equal
to one tritium unit.
new text end

Sec. 3.

Minnesota Statutes 2020, section 103G.287, subdivision 5, is amended to read:


Subd. 5.

Sustainability standard.

new text begin(a) new text endThe commissioner may issue water-use permits
for appropriation from groundwater only if the commissioner determines that the groundwater
use is sustainable to supply the needs of future generations and the proposed use will not
harm ecosystems, degrade water, or reduce water levels beyond the reach of public water
supply and private domestic wells constructed according to Minnesota Rules, chapter 4725.

new text begin (b) When determining whether a consumptive use of groundwater is sustainable, the
commissioner must make a determination that the level of recharge to the aquifer impacted
is sufficient to replenish the groundwater supply to meet the needs of future generations.
new text end