Minnesota 2025-2026 Regular Session

Minnesota Senate Bill SF3423 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 environment; modifying requirements for water appropriations permits;
3	3	1.3 amending Minnesota Statutes 2024, sections 103G.287, subdivision 1; 103G.305,
4	4	1.4 subdivision 1, by adding a subdivision.
5	5	1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
6	6	1.6 Section 1. Minnesota Statutes 2024, section 103G.287, subdivision 1, is amended to read:
7	7	1.7 Subdivision 1.Applications for groundwater appropriations; preliminary
8	8	1.8well-construction approval.(a) Groundwater use permit applications are not complete
9	9	1.9until the applicant has supplied:
10	10	1.10 (1) a water well record as required by section 103I.205, subdivision 9, information on
11	11	1.11the subsurface geologic formations penetrated by the well and the formation or aquifer that
12	12	1.12will serve as the water source, and geologic information from test holes drilled to locate the
13	13	1.13site of the production well;
14	14	1.14 (2) the maximum daily, seasonal, and annual pumpage rates and volumes being requested;
15	15	1.15 (3) information on groundwater quality in terms of the measures of quality commonly
16	16	1.16specified for the proposed water use and details on water treatment necessary for the proposed
17	17	1.17use;
18	18	1.18 (4) the results of an aquifer test completed according to specifications approved by the
19	19	1.19commissioner. The test must be conducted at the maximum pumping rate requested in the
20	20	1.20application and for a length of time adequate to assess or predict impacts to other wells and
21	21	1.21surface water and groundwater resources. The permit applicant is responsible for all costs
22	22	1.22related to the aquifer test, including the construction of groundwater and surface water
23	23	1Section 1.
24	24	25-05449 as introduced04/08/25 REVISOR CKM/ES
25	25	SENATE
26	26	STATE OF MINNESOTA
27	27	S.F. No. 3423NINETY-FOURTH SESSION
28	28	(SENATE AUTHORS: KUPEC, Weber, Dornink and Hoffman)
29	29	OFFICIAL STATUSD-PGDATE
30	30	Introduction and first reading04/24/2025
31	31	Referred to Environment, Climate, and Legacy 2.1monitoring installations, and water level readings before, during, and after the aquifer test
32	32	2.2any aquifer test that has previously been completed by, or on behalf of, the applicant related
33	33	2.3to the proposed water use and well; and
34	34	2.4 (5) the results of any assessments conducted by the commissioner under paragraph (c)
35	35	2.5(d).
36	36	2.6 (b) The commissioner may waive an application requirement in this subdivision if the
37	37	2.7information provided with the application is adequate to determine whether the proposed
38	38	2.8appropriation and use of water is sustainable and will protect ecosystems, water quality,
39	39	2.9and the ability of future generations to meet their own needs.
40	40	2.10 (c) If the commissioner determines that a new aquifer test is necessary to evaluate a
41	41	2.11proposed water use or well to determine whether the anticipated appropriation is likely to
42	42	2.12meet the applicable requirements of this chapter, the commissioner must, within 30 days
43	43	2.13of the commissioner's receipt of a complete application, issue a written determination
44	44	2.14requiring the applicant to complete an aquifer test. The written determination must state the
45	45	2.15factual findings that support the commissioner's determination that a new aquifer test is
46	46	2.16necessary and set forth the specifications the applicant must follow to complete the aquifer
47	47	2.17test. The permit applicant is responsible for all costs related to the aquifer test, including
48	48	2.18the construction of groundwater and surface water monitoring installations and water level
49	49	2.19readings before, during, and after the aquifer test.
50	50	2.20 (c) (d) The commissioner shall provide an assessment of a proposed well needing a
51	51	2.21groundwater appropriation permit. The commissioner shall evaluate the information submitted
52	52	2.22as required under section 103I.205, subdivision 1, paragraph (e), and determine whether
53	53	2.23the anticipated appropriation request is likely to meet the applicable requirements of this
54	54	2.24chapter. If the appropriation request is likely to meet applicable requirements, the
55	55	2.25commissioner shall provide the person submitting the information with a letter or
56	56	2.26electronically transmitted notice providing preliminary approval to construct the well and
57	57	2.27the requirements, including test-well information, that will be needed to obtain the permit.
58	58	2.28 (d) (e) The commissioner must provide an applicant denied a groundwater use permit
59	59	2.29or issued a groundwater use permit that is reduced or restricted from the original request
60	60	2.30with all information the commissioner used in making the determination, including
61	61	2.31hydrographs, flow tests, aquifer tests, topographic maps, field reports, photographs, and
62	62	2.32proof of equipment calibration.
63	63	2Section 1.
64	64	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:
65	65	3.2 Subdivision 1.General 150-day limit.(a) Except as provided in subdivision 2, the
66	66	3.3commissioner must act on a water-use permit within 150 days after the completed application
67	67	3.4for the permit has been submitted or, if the commissioner determines that a new aquifer test
68	68	3.5is necessary under section 103G.287, subdivision 1, paragraph (c), within 120 days after
69	69	3.6the applicant submits the results of a qualified aquifer test. Within 30 business days of
70	70	3.7application for a water-use permit, the commissioner shall notify the applicant, in writing,
71	71	3.8whether the application is complete or incomplete. Failure of the commissioner to deny an
72	72	3.9application for a water-use permit within the period allowed under this subdivision is
73	73	3.10approval of the application.
74	74	3.11 (b) The commissioner must direct a hearing to be held on a water-use permit application
75	75	3.12or make an order issuing a permit or denying a permit.
76	76	3.13 Sec. 3. Minnesota Statutes 2024, section 103G.305, is amended by adding a subdivision
77	77	3.14to read:
78	78	3.15 Subd. 3.Extensions.(a) The time limit in subdivision 1 is extended if a state statute,
79	79	3.16federal law, or court order requires a process to occur before the commissioner acts on the
80	80	3.17application and the time periods prescribed in the state statute, federal law, or court order
81	81	3.18make it impossible for the commissioner to act on the application within the period allowed
82	82	3.19under subdivision 1. In cases described in this paragraph, the deadline is extended to 60
83	83	3.20days after completion of the last process required in the applicable statute, law, or order.
84	84	3.21Final approval of the commissioner is not considered a process for purposes of this paragraph.
85	85	3.22 (b) The commissioner may extend the time limit in subdivision 1 before the end of the
86	86	3.23initial period allowed under subdivision 1 by providing written notice of the extension to
87	87	3.24the applicant. The notification must state the reasons for the extension and its anticipated
88	88	3.25length, which may not exceed 60 days unless approved by the applicant.
89	89	3.26 (c) An applicant may, by written notice to the commissioner, request an extension of
90	90	3.27the time limit under this section.
91	91	3Sec. 3.
92	92	25-05449 as introduced04/08/25 REVISOR CKM/ES