Minnesota Session Laws - 1992, Regular Session

  

                         Laws of Minnesota 1992 

                        CHAPTER 366-H.F.No. 2044 
           An act relating to water; creating an exemption from 
          certain requirements relating to once-through water 
          use permits; amending Minnesota Statutes 1990, section 
          103G.271, subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 103G.271, 
subdivision 5, is amended to read: 
     Subd. 5.  [PROHIBITION ON ONCE-THROUGH WATER USE PERMITS.] 
(a) The commissioner may not, after December 31, 1990, issue a 
water use permit to increase the volume of appropriation from a 
groundwater source for a once-through cooling system using in 
excess of 5,000,000 gallons annually. 
    (b) Except as provided in paragraph (c), once-through 
system water use permits using in excess of 5,000,000 gallons 
annually, must be terminated by the commissioner by the end of 
their design life but not later than December 31, 2010.  
Existing once-through systems are required to convert to water 
efficient alternatives within the design life of existing 
equipment.  The commissioner shall, by August 1, 1990, submit to 
the legislative water commission for review the approach by 
which the commissioner will achieve appropriate conversion of 
the systems after considering the age of the system, the 
condition of the system, recent investments in the system, and 
feasibility and costs of alternatives available to replace usage 
of a once-through system. 
    (c) Paragraph (b) does not apply where groundwater 
appropriated for use in a once-through system is subsequently 
discharged into a wetland or public waters wetland owned or 
leased by a nonprofit corporation if: 
    (1) the membership of the corporation includes a local 
government unit; 
    (2) the deed or lease requires that the area containing the 
wetland or public waters wetland be maintained as a nature 
preserve; 
    (3) public access is allowed consistent with the area's 
status as a nature preserve; and 
    (4) by January 1, 2003, the permittee incurs costs of 
developing the nature preserve and associated facilities that, 
when discounted to 1992 dollars, exceed twice the projected 
cost, as determined by the commissioner, of the conversion 
required in paragraph (b), discounted to 1992 dollars. 
The costs incurred under clause (4) may include preparation of 
plans and designs; site preparation; construction of wildlife 
habitat structures; planting of trees and other vegetation; 
installation of signs and markers; design and construction of 
trails, docks, and access structures; and design and 
construction of interpretative facilities.  The permittee shall 
submit an estimate of the cost of the conversion required in 
paragraph (b) to the commissioner by January 1, 1993, and shall 
annually report to the commissioner on the progress of the 
project and the level of expenditures. 
    Presented to the governor March 19, 1992 
    Became law without the governor's signature March 23, 1992