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HF 2432

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/25/2021 02:12pm

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

Bill Text Versions

Introduction Posted on 03/25/2021

Current Version - as introduced

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A bill for an act
relating to natural resources; requiring hydrologic evaluation when water
appropriation permit denied because of effects on calcareous fens; appropriating
money; amending Minnesota Statutes 2020, section 103G.223.


Section 1.

Minnesota Statutes 2020, section 103G.223, is amended to read:


(a) Calcareous fens, as identified by the commissioner by written order published in the
State Register, may not be filled, drained, or otherwise degraded, wholly or partially, by
any activity, unless the commissioner, under an approved management plan, decides some
alteration is necessary or as provided in paragraph (b). Identifications made by the
commissioner are not subject to the rulemaking provisions of chapter 14 and section 14.386
does not apply.

(b) The commissioner may allow water appropriations that result in temporary reductions
in groundwater resources on a seasonal basis under an approved calcareous fen management

new text begin (c) If the commissioner determines that a water appropriation permit cannot be issued
or renewed because of this section, the commissioner must, within one year of the date of
denial and at no cost to the applicant, provide the applicant with a groundwater and surface
water hydrologic evaluation that demonstrates by a preponderance of the evidence the basis
for that conclusion.
new text end

new text begin (d) An applicant whose permit is denied under this section may file a written request
with the commissioner to designate a mutually agreed upon third party expert to review the
evaluation provided under paragraph (c) at no cost to the applicant and to make
recommendations to the commissioner about whether or not the permit should be issued.
The third party expert must agree to provide the commissioner and applicant with the expert's
recommendations within 90 days of agreeing to review the evaluation.
new text end

new text begin (e) A permit applicant may file for a contested case hearing under chapter 14 within 30
days of the later of the following:
new text end

new text begin (1) the date by which the hydrologic evaluation was required to have been provided to
the applicant under paragraph (c);
new text end

new text begin (2) receiving the recommendations of the third party who is reviewing the evaluation
under paragraph (d); or
new text end

new text begin (3) determining that no mutually agreed upon third party expert can be found.
new text end

new text begin (f) Any permit applicant who has had a water appropriation permit previously denied
under this section may resubmit a permit application under this section and is entitled to all
rights and reviews available under this section.
new text end

new text end

new text begin $....... in fiscal year 2022 and $....... in fiscal year 2023 are appropriated from the general
fund to the commissioner of natural resources to implement Minnesota Statutes, section
103G.223, as amended by section 1.
new text end