1.1 A bill for an act
1.2 relating to natural resources; allowing transfer of unused water-use permit gallons;
1.3 allowing irrigators to use excess water in drought conditions; allowing additional
1.4 water use for cover crops; amending Minnesota Statutes 2024, section 103G.271,
1.5 subdivision 7, by adding a subdivision; proposing coding for new law in Minnesota
1.6 Statutes, chapter 103G.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2024, section 103G.271, subdivision 7, is amended to read:
1.9 Subd. 7.Transferring permit.(a) A water-use permit may be transferred to a successive
1.10owner of real property if the permittee conveys the real property where the source of water
1.11is located. The new owner must notify the commissioner immediately after the conveyance
1.12and request transfer of the permit. The commissioner must not deny the transfer of a permit
1.13if the permittee is in compliance with all permit conditions and the permit meets the
1.14requirements of sections 103G.255 to 103G.301.
1.15 (b) When transferring a permit, the commissioner must not require additional conditions
1.16on the permit, reduce the appropriation, reduce the term, or require any testing.
1.17 Sec. 2. Minnesota Statutes 2024, section 103G.271, is amended by adding a subdivision
1.18to read:
1.19 Subd. 8.Transferring unused permit gallons.(a) A holder of a water-use permit issued
1.20for irrigation may apply to the commissioner, on a form prescribed by the commissioner,
1.21to transfer unused permit gallons to another holder of a water-use permit issued for irrigation.
1.22 (b) Transferring unused permit gallons is allowed only between permit holders
1.23withdrawing from the same aquifer or surface water.
1Sec. 2.
REVISOR CKM/KR 25-0457403/10/25
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 2613
NINETY-FOURTH SESSION
Authored by Anderson, P. H.; Harder; Burkel and Davids03/20/2025
The bill was read for the first time and referred to the Committee on Environment and Natural Resources Finance and Policy 2.1 (c) The commissioner must verify the status of the unused permit gallons and maintain
2.2a record of the transfer. The commissioner must approve the transfer of unused gallons if
2.3both permit holders are in compliance with all permit conditions.
2.4 (d) A permit holder must not offer or accept money or other consideration for transferring
2.5unused permit gallons.
2.6 Sec. 3. [103G.294] WATER USE FOR IRRIGATION DURING DROUGHT.
2.7 Subdivision 1.Definitions.For the purposes of this section, the following definitions
2.8apply:
2.9 (1) "excess water" means the number of gallons authorized under a permit holder's
2.10water-use permit that were not used in the previous year; and
2.11 (2) "local drought conditions" means an area has been determined to be under extreme
2.12drought (D3) or exceptional drought (D4) on the United States Drought Monitor produced
2.13by the United States Department of Agriculture, National Oceanic and Atmospheric
2.14Administration, and the National Drought Mitigation Center.
2.15 Subd. 2.Excess water use.The commissioner must allow a holder of a water-use permit
2.16issued for irrigation to use excess water when the irrigated area is under local drought
2.17conditions if:
2.18 (1) the permit holder did not use the full allocation of gallons under the permit in the
2.19previous year; and
2.20 (2) the commissioner determines that the water use is sustainable by meeting the
2.21applicable standards under section 103G.287, subdivision 5.
2.22 Sec. 4. [103G.296] INCREASED WATER USE FOR COVER CROPS.
2.23 A permit holder who plans to plant late summer or fall cover crops may apply to increase
2.24water use above the permitted amount for additional irrigation for cover crops when needed.
2.25The commissioner must approve the increased water use to allow an additional 27,154
2.26gallons per acre above the permitted amount if the commissioner determines that the water
2.27use is sustainable by meeting the applicable standards under section 103G.287, subdivision
2.285. A permit holder that is or has been subject to an enforcement action under this section is
2.29not eligible for increased water use under this section.
2Sec. 4.
REVISOR CKM/KR 25-0457403/10/25