Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 159-H.F.No. 1507 
           An act relating to water; prohibiting the commissioner 
          of natural resources from issuing certain permits or 
          approving certain plans for diversion of water from 
          certain water basins before consultation with state 
          and Canadian officials; amending Minnesota Statutes 
          1986, sections 105.37, by adding subdivisions; 
          105.405, subdivision 2, and by adding subdivisions; 
          and 105.44, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 105.37, is 
amended by adding a subdivision to read: 
    Subd. 17.  "Basin of origin" means the drainage basin of 
the Great Lakes, the Red River of the North, the Mississippi 
River, or the Missouri River. 
    Sec. 2.  Minnesota Statutes 1986, section 105.37, is 
amended by adding a subdivision to read: 
    Subd. 18.  "Consumptive use" means water that is withdrawn 
from its source for immediate further use in the area of the 
source and is not directly returned to the source. 
    Sec. 3.  Minnesota Statutes 1986, section 105.405, 
subdivision 2, is amended to read:  
    Subd. 2.  [REQUIREMENTS FOR DIVERSION.] No permit 
authorized by sections 105.37 to 105.55 nor any plan for which 
that requires a permit or the commissioner's approval is 
required or permitted, involving a diversion of any waters of 
the state, surface or underground, of more than 2,000,000 
gallons per day average in any 30-day period, to a place outside 
of this state or from the basin of origin within this state 
shall be granted or approved until after (1) a determination by 
the commissioner that the water remaining in this state the 
basin of origin will be adequate to meet the state's basin's 
water resources needs during the specified life of the diversion 
project; and after (2) approval by the legislature. 
    Sec. 4.  Minnesota Statutes 1986, section 105.405, is 
amended by adding a subdivision to read: 
    Subd. 3.  [REQUIREMENTS FOR CONSUMPTIVE USE.] (a) Except as 
provided in paragraph (b), a permit authorized by sections 
105.37 to 105.55 or a plan that requires a permit or the 
commissioner's approval, involving a consumptive use of more 
than 2,000,000 gallons per day average in a 30-day period, may 
not be granted or approved until after:  (1) a determination by 
the commissioner 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 (2) 
approval by the legislature. 
     (b) Legislative approval under paragraph (a), clause (2), 
is not required for a consumptive use in excess of 2,000,000 
gallons per day average in a 30-day period for:  
    (1) a domestic water supply, excluding industrial and 
commercial uses of a municipal water supply; and 
    (2) agricultural irrigation and processing of agricultural 
products. 
    Sec. 5.  Minnesota Statutes 1986, section 105.405, is 
amended by adding a subdivision to read: 
    Subd. 4.  [REQUIREMENTS FOR GREAT LAKES.] (a) A permit 
authorized by sections 105.37 to 105.55 or a plan that requires 
a permit or the commissioner's approval, involving a diversion 
or consumptive use of waters of the state from the Great Lakes 
water basin within Minnesota where the diversion or consumptive 
use of waters would be more than 5,000,000 gallons per day 
average in a 30-day period, may not be granted or approved until 
after: 
     (1) the commissioner has notified and solicited comments on 
the proposed diversion or consumptive use from the offices of 
the governors of the Great Lakes states and premiers of the 
Great Lakes provinces, the appropriate water management agencies 
of the Great Lakes states and provinces, and the international 
joint commission; 
    (2) the commissioner has considered the comments and 
concerns of the offices, agencies, and commission to which 
notice was given under clause (1); and 
    (3) approval by the legislature. 
    (b) If an objection is made to the proposed diversion or 
consumptive use by an office, agency, or commission to which 
notice was given under paragraph (a), clause (1), the 
commissioner will convene a meeting with the affected office, 
agency or commission to investigate and consider the issues 
involved, and to seek a mutually agreeable solution to be 
recommended to the commissioner.  In making a final decision on 
the approval of a permit or plan subject to review under this 
subdivision, the commissioner shall consider the record of the 
meeting and the recommendation.  The commissioner shall send 
notification of the final decision to each office, agency, or 
commission to which notice was given under paragraph (a), clause 
(1). 
    Sec. 6.  Minnesota Statutes 1986, section 105.44, 
subdivision 4, is amended to read:  
    Subd. 4.  [TIME.] (a) Except as provided in paragraph (b), 
the commissioner shall act upon all applications, except for 
appropriations for irrigation, pursuant to subdivision 8, for 
appropriation permits within 30 days after the application and 
all required data is filed in the commissioner's office; either 
waiving hearing and making an order thereon or directing hearing 
thereon. 
    (b) The requirements of paragraph (a) do not apply to 
applications for: 
    (1) appropriations for irrigation, under subdivision 8; 
     (2) appropriations for diversion from the basin of origin 
of more than 2,000,000 gallons per day average in a 30-day 
period; or 
    (3) appropriations with a consumptive use of more than 
2,000,000 gallons per day average for a 30-day period. 
     Sec. 7.  [APPLICABILITY.] 
    Sections 3, 4, and 5 apply to permits for consumptive uses 
and diversions that were not allowed by permit before the 
effective date of this act. 
    Approved May 16, 1987