1.1 A bill for an act
1.2 relating to environment; modifying requirements for water appropriations permits;
1.3 amending Minnesota Statutes 2024, sections 103G.287, subdivision 1; 103G.305,
1.4 subdivision 1, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2024, section 103G.287, subdivision 1, is amended to read:
1.7 Subdivision 1.Applications for groundwater appropriations; preliminary
1.8well-construction approval.(a) Groundwater use permit applications are not complete
1.9until the applicant has supplied:
1.10 (1) a water well record as required by section 103I.205, subdivision 9, information on
1.11the subsurface geologic formations penetrated by the well and the formation or aquifer that
1.12will serve as the water source, and geologic information from test holes drilled to locate the
1.13site of the production well;
1.14 (2) the maximum daily, seasonal, and annual pumpage rates and volumes being requested;
1.15 (3) information on groundwater quality in terms of the measures of quality commonly
1.16specified for the proposed water use and details on water treatment necessary for the proposed
1.17use;
1.18 (4) the results of an aquifer test completed according to specifications approved by the
1.19commissioner. The test must be conducted at the maximum pumping rate requested in the
1.20application and for a length of time adequate to assess or predict impacts to other wells and
1.21surface water and groundwater resources. The permit applicant is responsible for all costs
1.22related to the aquifer test, including the construction of groundwater and surface water
1Section 1.
25-05449 as introduced04/08/25 REVISOR CKM/ES
SENATE
STATE OF MINNESOTA
S.F. No. 3423NINETY-FOURTH SESSION
(SENATE AUTHORS: KUPEC, Weber, Dornink and Hoffman)
OFFICIAL STATUSD-PGDATE
Introduction and first reading04/24/2025
Referred to Environment, Climate, and Legacy 2.1monitoring installations, and water level readings before, during, and after the aquifer test
2.2any aquifer test that has previously been completed by, or on behalf of, the applicant related
2.3to the proposed water use and well; and
2.4 (5) the results of any assessments conducted by the commissioner under paragraph (c)
2.5(d).
2.6 (b) The commissioner may waive an application requirement in this subdivision if the
2.7information provided with the application is adequate to determine whether the proposed
2.8appropriation and use of water is sustainable and will protect ecosystems, water quality,
2.9and the ability of future generations to meet their own needs.
2.10 (c) If the commissioner determines that a new aquifer test is necessary to evaluate a
2.11proposed water use or well to determine whether the anticipated appropriation is likely to
2.12meet the applicable requirements of this chapter, the commissioner must, within 30 days
2.13of the commissioner's receipt of a complete application, issue a written determination
2.14requiring the applicant to complete an aquifer test. The written determination must state the
2.15factual findings that support the commissioner's determination that a new aquifer test is
2.16necessary and set forth the specifications the applicant must follow to complete the aquifer
2.17test. The permit applicant is responsible for all costs related to the aquifer test, including
2.18the construction of groundwater and surface water monitoring installations and water level
2.19readings before, during, and after the aquifer test.
2.20 (c) (d) The commissioner shall provide an assessment of a proposed well needing a
2.21groundwater appropriation permit. The commissioner shall evaluate the information submitted
2.22as required under section 103I.205, subdivision 1, paragraph (e), and determine whether
2.23the anticipated appropriation request is likely to meet the applicable requirements of this
2.24chapter. If the appropriation request is likely to meet applicable requirements, the
2.25commissioner shall provide the person submitting the information with a letter or
2.26electronically transmitted notice providing preliminary approval to construct the well and
2.27the requirements, including test-well information, that will be needed to obtain the permit.
2.28 (d) (e) The commissioner must provide an applicant denied a groundwater use permit
2.29or issued a groundwater use permit that is reduced or restricted from the original request
2.30with all information the commissioner used in making the determination, including
2.31hydrographs, flow tests, aquifer tests, topographic maps, field reports, photographs, and
2.32proof of equipment calibration.
2Section 1.
25-05449 as introduced04/08/25 REVISOR CKM/ES 3.1 Sec. 2. Minnesota Statutes 2024, section 103G.305, subdivision 1, is amended to read:
3.2 Subdivision 1.General 150-day limit.(a) Except as provided in subdivision 2, the
3.3commissioner must act on a water-use permit within 150 days after the completed application
3.4for the permit has been submitted or, if the commissioner determines that a new aquifer test
3.5is necessary under section 103G.287, subdivision 1, paragraph (c), within 120 days after
3.6the applicant submits the results of a qualified aquifer test. Within 30 business days of
3.7application for a water-use permit, the commissioner shall notify the applicant, in writing,
3.8whether the application is complete or incomplete. Failure of the commissioner to deny an
3.9application for a water-use permit within the period allowed under this subdivision is
3.10approval of the application.
3.11 (b) The commissioner must direct a hearing to be held on a water-use permit application
3.12or make an order issuing a permit or denying a permit.
3.13 Sec. 3. Minnesota Statutes 2024, section 103G.305, is amended by adding a subdivision
3.14to read:
3.15 Subd. 3.Extensions.(a) The time limit in subdivision 1 is extended if a state statute,
3.16federal law, or court order requires a process to occur before the commissioner acts on the
3.17application and the time periods prescribed in the state statute, federal law, or court order
3.18make it impossible for the commissioner to act on the application within the period allowed
3.19under subdivision 1. In cases described in this paragraph, the deadline is extended to 60
3.20days after completion of the last process required in the applicable statute, law, or order.
3.21Final approval of the commissioner is not considered a process for purposes of this paragraph.
3.22 (b) The commissioner may extend the time limit in subdivision 1 before the end of the
3.23initial period allowed under subdivision 1 by providing written notice of the extension to
3.24the applicant. The notification must state the reasons for the extension and its anticipated
3.25length, which may not exceed 60 days unless approved by the applicant.
3.26 (c) An applicant may, by written notice to the commissioner, request an extension of
3.27the time limit under this section.
3Sec. 3.
25-05449 as introduced04/08/25 REVISOR CKM/ES