Minnesota Session Laws - 2005, Regular Session

                            CHAPTER 89-S.F.No. 1738 
                  An act relating to waters; modifying water use permit 
                  provisions; amending Minnesota Statutes 2004, section 
                  103G.271, subdivision 5. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2004, section 103G.271, 
        subdivision 5, is amended to read: 
           Subd. 5.  [PROHIBITION ON ONCE-THROUGH WATER USE PERMITS.] 
        (a) Except as provided in paragraph (c), 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, unless 
        the discharge is into a public water basin within a nature 
        preserve approved by the commissioner and established prior to 
        January 1, 2001.  Existing once-through systems must not be 
        expanded and are required to convert to water efficient 
        alternatives within the design life of existing equipment.  
           (c) Notwithstanding paragraphs (a) and (b), the 
        commissioner, with the approval of the commissioners of health 
        and the Pollution Control Agency, may issue once-through system 
        water use permits on an annual basis for aquifer storage and 
        recovery systems that return all once-through system water to 
        the source aquifer.  Water use permit processing fees in 
        subdivision 6, paragraph (a), apply to all water withdrawals 
        under this paragraph, including any reuse of water returned to 
        the source aquifer. 
           Presented to the governor May 21, 2005 
           Signed by the governor May 25, 2005, 11:55 a.m.