Minnesota 2023-2024 Regular Session

Minnesota Senate Bill SF320 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1.1 A bill for an act
2	2	1.2 relating to natural resources; modifying certain conditions on water appropriations
3	3	1.3 and wells; amending Minnesota Statutes 2022, sections 103G.271, subdivision 7,
4	4	1.4 by adding a subdivision; 103G.287, subdivisions 4, 5; 103G.289.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2022, section 103G.271, subdivision 7, is amended to read:
7	7	1.7 Subd. 7.Transferring permit.(a) A water-use permit may be transferred to a successive
8	8	1.8owner of real property if the permittee conveys the real property where the source of water
9	9	1.9is located. The new owner must notify the commissioner immediately after the conveyance
10	10	1.10and request transfer of the permit. The commissioner must not deny the transfer of a permit
11	11	1.11if the permittee is in compliance with all permit conditions and the permit meets the
12	12	1.12requirements of sections 103G.255 to 103G.301.
13	13	1.13 (b) When transferring a permit, the commissioner must not require additional conditions
14	14	1.14on the permit, reduce the appropriation, reduce the term, or require any testing.
15	15	1.15 Sec. 2. Minnesota Statutes 2022, section 103G.271, is amended by adding a subdivision
16	16	1.16to read:
17	17	1.17 Subd. 8.Management plans; economic impacts.Before a management plan for
18	18	1.18appropriating water is prepared, the commissioner must provide estimates of the economic
19	19	1.19impact of any new restriction or policy on existing and future groundwater users and local
20	20	1.20governments in the affected area. Strategies to address economic impacts must be included
21	21	1.21in the plan.
22	22	1Sec. 2.
23	23	23-01758 as introduced01/09/23 REVISOR CKM/AD
24	24	SENATE
25	25	STATE OF MINNESOTA
26	26	S.F. No. 320NINETY-THIRD SESSION
27	27	(SENATE AUTHORS: HOWE)
28	28	OFFICIAL STATUSD-PGDATE
29	29	Introduction and first reading01/17/2023
30	30	Referred to Environment, Climate, and Legacy 2.1 Sec. 3. Minnesota Statutes 2022, section 103G.287, subdivision 4, is amended to read:
31	31	2.2 Subd. 4.Groundwater management areas.(a) The commissioner may designate
32	32	2.3groundwater management areas and limit total annual water appropriations and uses within
33	33	2.4a designated area to ensure sustainable use of groundwater that protects ecosystems, water
34	34	2.5quality, and the ability of future generations to meet their own needs. Water appropriations
35	35	2.6and uses within a designated management area must be consistent with a groundwater
36	36	2.7management area plan approved by the commissioner that addresses water conservation
37	37	2.8requirements and water allocation priorities established in section 103G.261. During
38	38	2.9development of a groundwater management area plan, the commissioner and employees
39	39	2.10and agents of the department may disseminate information related to the timing, location,
40	40	2.11and agendas of meetings related to the plan, but must otherwise limit public information
41	41	2.12related to the groundwater management area plan to direct factual responses to public and
42	42	2.13media inquires. At least 30 days prior to implementing or modifying a groundwater
43	43	2.14management area plan under this subdivision, the commissioner shall consult with the
44	44	2.15advisory team established in paragraph (c).
45	45	2.16 (b) Notwithstanding section 103G.271, subdivision 1, paragraph (b), and Minnesota
46	46	2.17Rules, within designated groundwater management areas, the commissioner may require
47	47	2.18general permits as specified in section 103G.271, subdivision 1, paragraph (c), for water
48	48	2.19users using less than 10,000 gallons per day or 1,000,000 gallons per year and water suppliers
49	49	2.20serving less than 25 persons for domestic purposes. The commissioner may waive the
50	50	2.21requirements under section 103G.281 for general permits issued under this paragraph, and
51	51	2.22the fee specified in section 103G.301, subdivision 2, paragraph (c), does not apply to general
52	52	2.23permits issued under this paragraph.
53	53	2.24 (c) When designating a groundwater management area, the commissioner shall assemble
54	54	2.25an advisory team to assist in developing a groundwater management area plan for the area.
55	55	2.26The advisory team members shall be selected from public and private entities that have an
56	56	2.27interest in the water resources affected by the groundwater management area. A majority
57	57	2.28of the advisory team members shall be public and private entities that currently hold water-use
58	58	2.29permits for water appropriations from the affected water resources. The commissioner shall
59	59	2.30consult with the League of Minnesota Cities, the Association of Minnesota Counties, the
60	60	2.31Minnesota Association of Watershed Districts, and the Minnesota Association of Townships
61	61	2.32in appointing the local government representatives to the advisory team. The advisory team
62	62	2.33may also include representatives from the University of Minnesota, the Minnesota State
63	63	2.34Colleges and Universities, other institutions of higher learning in Minnesota, political
64	64	2Sec. 3.
65	65	23-01758 as introduced01/09/23 REVISOR CKM/AD 3.1subdivisions with jurisdiction over water issues, nonprofits with expertise in water, and
66	66	3.2federal agencies.
67	67	3.3 (d) Before designating a groundwater management area, the commissioner must provide
68	68	3.4estimates of the economic effect of any new restriction or policy on existing and future
69	69	3.5groundwater users and local governments in the affected area. Strategies to address economic
70	70	3.6impacts must be included in any plan.
71	71	3.7 Sec. 4. Minnesota Statutes 2022, section 103G.287, subdivision 5, is amended to read:
72	72	3.8 Subd. 5.Sustainability standard.(a) The commissioner may issue water-use permits
73	73	3.9for appropriation from groundwater only if the commissioner determines that the groundwater
74	74	3.10use is sustainable to supply the needs of future generations and the proposed use will not
75	75	3.11harm ecosystems, degrade water, or reduce water levels beyond the reach of public water
76	76	3.12supply and private domestic wells constructed according to Minnesota Rules, chapter 4725.
77	77	3.13 (b) For the purposes of this subdivision and subdivision 4, "sustainable" means a change
78	78	3.14in hydrologic regime of 20 percent or less relative to the August median stream flow.
79	79	3.15 Sec. 5. Minnesota Statutes 2022, section 103G.289, is amended to read:
80	80	3.16 103G.289 WELL INTERFERENCE; WELL SEALING VALIDATION;
81	81	3.17CONTESTED CASE.
82	82	3.18 (a) The commissioner shall not validate a claim for well interference claim if the affected
83	83	3.19well has been sealed prior to the completion of the commissioner's investigation of the
84	84	3.20complaint. If the well is sealed prior to completion of the investigation, the commissioner
85	85	3.21must dismiss the complaint.
86	86	3.22 (b) When validating a claim for well interference, the commissioner must take into
87	87	3.23account the condition of the affected well.
88	88	3.24 (c) Within 30 days after the commissioner's decision on a claim for well interference, a
89	89	3.25party ordered by the commissioner to contribute to an affected well owner may petition for
90	90	3.26a contested case hearing under sections 14.57 to 14.62. The commissioner must grant the
91	91	3.27petitioner a contested case hearing on the commissioner's decision.
92	92	3Sec. 5.
93	93	23-01758 as introduced01/09/23 REVISOR CKM/AD