1.1 A bill for an act
1.2 relating to natural resources; modifying certain conditions on water appropriations
1.3 and wells; amending Minnesota Statutes 2022, sections 103G.271, subdivision 7,
1.4 by adding a subdivision; 103G.287, subdivisions 4, 5; 103G.289.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2022, section 103G.271, subdivision 7, is amended to read:
1.7 Subd. 7.Transferring permit.(a) A water-use permit may be transferred to a successive
1.8owner of real property if the permittee conveys the real property where the source of water
1.9is located. The new owner must notify the commissioner immediately after the conveyance
1.10and request transfer of the permit. The commissioner must not deny the transfer of a permit
1.11if the permittee is in compliance with all permit conditions and the permit meets the
1.12requirements of sections 103G.255 to 103G.301.
1.13 (b) When transferring a permit, the commissioner must not require additional conditions
1.14on the permit, reduce the appropriation, reduce the term, or require any testing.
1.15 Sec. 2. Minnesota Statutes 2022, section 103G.271, is amended by adding a subdivision
1.16to read:
1.17 Subd. 8.Management plans; economic impacts.Before a management plan for
1.18appropriating water is prepared, the commissioner must provide estimates of the economic
1.19impact of any new restriction or policy on existing and future groundwater users and local
1.20governments in the affected area. Strategies to address economic impacts must be included
1.21in the plan.
1Sec. 2.
REVISOR CKM/AD 23-0175801/09/23
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 531
NINETY-THIRD SESSION
Authored by Anderson, P. H.,01/18/2023
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy 2.1 Sec. 3. Minnesota Statutes 2022, section 103G.287, subdivision 4, is amended to read:
2.2 Subd. 4.Groundwater management areas.(a) The commissioner may designate
2.3groundwater management areas and limit total annual water appropriations and uses within
2.4a designated area to ensure sustainable use of groundwater that protects ecosystems, water
2.5quality, and the ability of future generations to meet their own needs. Water appropriations
2.6and uses within a designated management area must be consistent with a groundwater
2.7management area plan approved by the commissioner that addresses water conservation
2.8requirements and water allocation priorities established in section 103G.261. During
2.9development of a groundwater management area plan, the commissioner and employees
2.10and agents of the department may disseminate information related to the timing, location,
2.11and agendas of meetings related to the plan, but must otherwise limit public information
2.12related to the groundwater management area plan to direct factual responses to public and
2.13media inquires. At least 30 days prior to implementing or modifying a groundwater
2.14management area plan under this subdivision, the commissioner shall consult with the
2.15advisory team established in paragraph (c).
2.16 (b) Notwithstanding section 103G.271, subdivision 1, paragraph (b), and Minnesota
2.17Rules, within designated groundwater management areas, the commissioner may require
2.18general permits as specified in section 103G.271, subdivision 1, paragraph (c), for water
2.19users using less than 10,000 gallons per day or 1,000,000 gallons per year and water suppliers
2.20serving less than 25 persons for domestic purposes. The commissioner may waive the
2.21requirements under section 103G.281 for general permits issued under this paragraph, and
2.22the fee specified in section 103G.301, subdivision 2, paragraph (c), does not apply to general
2.23permits issued under this paragraph.
2.24 (c) When designating a groundwater management area, the commissioner shall assemble
2.25an advisory team to assist in developing a groundwater management area plan for the area.
2.26The advisory team members shall be selected from public and private entities that have an
2.27interest in the water resources affected by the groundwater management area. A majority
2.28of the advisory team members shall be public and private entities that currently hold water-use
2.29permits for water appropriations from the affected water resources. The commissioner shall
2.30consult with the League of Minnesota Cities, the Association of Minnesota Counties, the
2.31Minnesota Association of Watershed Districts, and the Minnesota Association of Townships
2.32in appointing the local government representatives to the advisory team. The advisory team
2.33may also include representatives from the University of Minnesota, the Minnesota State
2.34Colleges and Universities, other institutions of higher learning in Minnesota, political
2Sec. 3.
REVISOR CKM/AD 23-0175801/09/23 3.1subdivisions with jurisdiction over water issues, nonprofits with expertise in water, and
3.2federal agencies.
3.3 (d) Before designating a groundwater management area, the commissioner must provide
3.4estimates of the economic effect of any new restriction or policy on existing and future
3.5groundwater users and local governments in the affected area. Strategies to address economic
3.6impacts must be included in any plan.
3.7 Sec. 4. Minnesota Statutes 2022, section 103G.287, subdivision 5, is amended to read:
3.8 Subd. 5.Sustainability standard.(a) The commissioner may issue water-use permits
3.9for appropriation from groundwater only if the commissioner determines that the groundwater
3.10use is sustainable to supply the needs of future generations and the proposed use will not
3.11harm ecosystems, degrade water, or reduce water levels beyond the reach of public water
3.12supply and private domestic wells constructed according to Minnesota Rules, chapter 4725.
3.13 (b) For the purposes of this subdivision and subdivision 4, "sustainable" means a change
3.14in hydrologic regime of 20 percent or less relative to the August median stream flow.
3.15 Sec. 5. Minnesota Statutes 2022, section 103G.289, is amended to read:
3.16 103G.289 WELL INTERFERENCE; WELL SEALING VALIDATION;
3.17CONTESTED CASE.
3.18 (a) The commissioner shall not validate a claim for well interference claim if the affected
3.19well has been sealed prior to the completion of the commissioner's investigation of the
3.20complaint. If the well is sealed prior to completion of the investigation, the commissioner
3.21must dismiss the complaint.
3.22 (b) When validating a claim for well interference, the commissioner must take into
3.23account the condition of the affected well.
3.24 (c) Within 30 days after the commissioner's decision on a claim for well interference, a
3.25party ordered by the commissioner to contribute to an affected well owner may petition for
3.26a contested case hearing under sections 14.57 to 14.62. The commissioner must grant the
3.27petitioner a contested case hearing on the commissioner's decision.
3Sec. 5.
REVISOR CKM/AD 23-0175801/09/23