Bill Text: MN HF1100 | 2013-2014 | 88th Legislature | Engrossed
Bill Title: Water supply management and environmental assessment worksheet requirements related to water use and groundwater appropriation provisions modified.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2013-03-18 - Author added Kahn [HF1100 Detail]
Download: Minnesota-2013-HF1100-Engrossed.html
1.2relating to environment; modifying water supply management; modifying
1.3environmental assessment worksheet requirements related to water use;
1.4modifying provisions for groundwater appropriations;amending Minnesota
1.5Statutes 2012, sections 103G.265, subdivisions 2, 3; 103G.287, subdivisions 1,
1.65; 103I.205, subdivision 1; 116D.04, by adding a subdivision.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 103G.265, subdivision 2, is amended to
1.9read:
1.10 Subd. 2. Diversion greater than 2,000,000 gallons per day. A water use permit
1.11or a plan that requires a permit or the commissioner's approval, involving a diversion of
1.12waters of the state of more than 2,000,000 gallons per day average in a 30-day period,
1.13to a place outside of this state or from the basin of origin within this state may not be
1.14granted or approved until:
1.15(1) a determination is made by the commissioner that the water remaining in the
1.16basin of origin will be adequate to meet the basin's water resources needs during the
1.17specified life of the diversion project diversion is sustainable and meets the applicable
1.18standards under section 103G.287, subdivision 5; and
1.19(2) approval of the diversion is given by the legislature.
1.20 Sec. 2. Minnesota Statutes 2012, section 103G.265, subdivision 3, is amended to read:
1.21 Subd. 3. Consumptive use of more than 2,000,000 gallons per day.(a) Except
1.22as provided in paragraph (b), A water use permit or a plan that requires a permit or the
1.23commissioner's approval, involving a consumptive use of more than 2,000,000 gallons per
1.24day average in a 30-day period, may not be granted or approved until:
2.1(1) a determination is made by the commissioner that the water remaining in the
2.2basin of origin will be adequate to meet the basin's water resources needs during the
2.3specified life of the consumptive use is sustainable and meets the applicable standards
2.4under section 103G.287, subdivision 5; and
2.5(2) approval of the consumptive use is given by the legislature.
2.6(b) Legislative approval under paragraph (a), clause (2), is not required for a
2.7consumptive use in excess of 2,000,000 gallons per day average in a 30-day period for:
2.8(1) a domestic water supply, excluding industrial and commercial uses of a
2.9municipal water supply;
2.10(2) agricultural irrigation and processing of agricultural products;
2.11(3) construction and mine land dewatering;
2.12(4) pollution abatement or remediation; and
2.13(5) fish and wildlife enhancement projects using surface water sources.
2.14 Sec. 3. Minnesota Statutes 2012, section 103G.287, subdivision 1, is amended to read:
2.15 Subdivision 1. Applications for groundwater appropriations; preliminary well
2.16construction approval. (a) Groundwater use permit applications are not complete until
2.17the applicant has supplied:
2.18(1) a water well record as required by section103I.205 , subdivision 9, information
2.19on the subsurface geologic formations penetrated by the well and the formation or aquifer
2.20that will serve as the water source, and geologic information from test holes drilled to
2.21locate the site of the production well;
2.22(2) the maximum daily, seasonal, and annual pumpage rates and volumes being
2.23requested;
2.24(3) information on groundwater quality in terms of the measures of quality
2.25commonly specified for the proposed water use and details on water treatment necessary
2.26for the proposed use;
2.27(4) an inventory of existing wells within 1-1/2 miles of the proposed production well
2.28or within the area of influence, as determined by the commissioner. The inventory must
2.29include information on well locations, depths, geologic formations, depth of the pump or
2.30intake, pumping and nonpumping water levels, and details of well construction;and
2.31(5) the results of an aquifer test completed according to specifications approved by
2.32the commissioner. The test must be conducted at the maximum pumping rate requested
2.33in the application and for a length of time adequate to assess or predict impacts to other
2.34wells and surface water and groundwater resources. The permit applicant is responsible
2.35for all costs related to the aquifer test, including the construction of groundwater and
3.1surface water monitoring installations, and water level readings before, during, and after
3.2the aquifer test; and
3.3(6) the results of any assessments conducted by the commissioner under paragraph (c).
3.4(b) The commissioner may waive an application requirement in this subdivision
3.5if the information provided with the application is adequate to determine whether the
3.6proposed appropriation and use of water is sustainable and will protect ecosystems, water
3.7quality, and the ability of future generations to meet their own needs.
3.8(c) The commissioner shall provide an assessment of a proposed well needing a
3.9groundwater appropriation permit. The commissioner shall evaluate the information
3.10submitted as required under section 103I.205, subdivision 1, paragraph (f), and determine
3.11whether the anticipated appropriation request is likely to meet the applicable requirements
3.12of this chapter. If the appropriation request is likely to meet applicable requirements, the
3.13commissioner shall provide the person submitting the information with a letter providing
3.14preliminary approval to construct the well.
3.15 Sec. 4. Minnesota Statutes 2012, section 103G.287, subdivision 5, is amended to read:
3.16 Subd. 5.Interference with other wells Sustainability standard. The
3.17commissioner may issue water use permits for appropriation from groundwater only if
3.18the commissioner determines that the groundwater use is sustainable to supply the needs
3.19of future generations and the proposed use will not harm ecosystems, degrade water, or
3.20reduce water levels beyond the reach of public water supply and private domestic wells
3.21constructed according to Minnesota Rules, chapter 4725.
3.22 Sec. 5. Minnesota Statutes 2012, section 103I.205, subdivision 1, is amended to read:
3.23 Subdivision 1. Notification required. (a) Except as provided in paragraphs (d)
3.24and (e), a person may not construct a well until a notification of the proposed well on a
3.25form prescribed by the commissioner is filed with the commissioner with the filing fee in
3.26section103I.208 , and, when applicable, the person has met the requirements of paragraph
3.27(f). If after filing the well notification an attempt to construct a well is unsuccessful, a
3.28new notification is not required unless the information relating to the successful well
3.29has substantially changed.
3.30(b) The property owner, the property owner's agent, or the well contractor where a
3.31well is to be located must file the well notification with the commissioner.
3.32(c) The well notification under this subdivision preempts local permits and
3.33notifications, and counties or home rule charter or statutory cities may not require a
4.1permit or notification for wells unless the commissioner has delegated the permitting or
4.2notification authority under section103I.111 .
4.3(d) A person who is an individual that constructs a drive point well on property
4.4owned or leased by the individual for farming or agricultural purposes or as the individual's
4.5place of abode must notify the commissioner of the installation and location of the well.
4.6The person must complete the notification form prescribed by the commissioner and mail
4.7it to the commissioner by ten days after the well is completed. A fee may not be charged
4.8for the notification. A person who sells drive point wells at retail must provide buyers
4.9with notification forms and informational materials including requirements regarding
4.10wells, their location, construction, and disclosure. The commissioner must provide the
4.11notification forms and informational materials to the sellers.
4.12(e) A person may not construct a monitoring well until a permit is issued by the
4.13commissioner for the construction. If after obtaining a permit an attempt to construct a
4.14well is unsuccessful, a new permit is not required as long as the initial permit is modified
4.15to indicate the location of the successful well.
4.16(f) When the operation of a well will require an appropriation permit from the
4.17commissioner of natural resources, a person may not begin construction of the well until
4.18the person submits the following information to the commissioner of natural resources:
4.19(1) the location of the well;
4.20(2) the formation or aquifer that will serve as the water source;
4.21(3) the maximum daily, seasonal, and annual pumpage rates and volumes that will
4.22be requested in the appropriation permit; and
4.23(4) other information requested by the commissioner of natural resources that
4.24is necessary to conduct the preliminary assessment required under section 103G.287,
4.25subdivision 1, paragraph (c).
4.26The person may begin construction after receiving preliminary approval from the
4.27commissioner of natural resources.
4.28 Sec. 6. Minnesota Statutes 2012, section 116D.04, is amended by adding a subdivision
4.29to read:
4.30 Subd. 16. Groundwater; environmental assessment worksheets. When an
4.31environmental assessment worksheet is required for a proposed action that has the
4.32potential to require a groundwater appropriation permit from the commissioner of natural
4.33resources, the board shall require that the environmental assessment worksheet include an
4.34assessment of the water resources available for appropriation.
1.3environmental assessment worksheet requirements related to water use;
1.4modifying provisions for groundwater appropriations;amending Minnesota
1.5Statutes 2012, sections 103G.265, subdivisions 2, 3; 103G.287, subdivisions 1,
1.65; 103I.205, subdivision 1; 116D.04, by adding a subdivision.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 103G.265, subdivision 2, is amended to
1.9read:
1.10 Subd. 2. Diversion greater than 2,000,000 gallons per day. A water use permit
1.11or a plan that requires a permit or the commissioner's approval, involving a diversion of
1.12waters of the state of more than 2,000,000 gallons per day average in a 30-day period,
1.13to a place outside of this state or from the basin of origin within this state may not be
1.14granted or approved until
1.15
1.16
1.17
1.18standards under section 103G.287, subdivision 5
1.19
1.20 Sec. 2. Minnesota Statutes 2012, section 103G.265, subdivision 3, is amended to read:
1.21 Subd. 3. Consumptive use of more than 2,000,000 gallons per day.
1.22
1.23commissioner's approval, involving a consumptive use of more than 2,000,000 gallons per
1.24day average in a 30-day period, may not be granted or approved until
2.1
2.2
2.3
2.4under section 103G.287, subdivision 5
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14 Sec. 3. Minnesota Statutes 2012, section 103G.287, subdivision 1, is amended to read:
2.15 Subdivision 1. Applications for groundwater appropriations; preliminary well
2.16construction approval. (a) Groundwater use permit applications are not complete until
2.17the applicant has supplied:
2.18(1) a water well record as required by section
2.19on the subsurface geologic formations penetrated by the well and the formation or aquifer
2.20that will serve as the water source, and geologic information from test holes drilled to
2.21locate the site of the production well;
2.22(2) the maximum daily, seasonal, and annual pumpage rates and volumes being
2.23requested;
2.24(3) information on groundwater quality in terms of the measures of quality
2.25commonly specified for the proposed water use and details on water treatment necessary
2.26for the proposed use;
2.27(4) an inventory of existing wells within 1-1/2 miles of the proposed production well
2.28or within the area of influence, as determined by the commissioner. The inventory must
2.29include information on well locations, depths, geologic formations, depth of the pump or
2.30intake, pumping and nonpumping water levels, and details of well construction;
2.31(5) the results of an aquifer test completed according to specifications approved by
2.32the commissioner. The test must be conducted at the maximum pumping rate requested
2.33in the application and for a length of time adequate to assess or predict impacts to other
2.34wells and surface water and groundwater resources. The permit applicant is responsible
2.35for all costs related to the aquifer test, including the construction of groundwater and
3.1surface water monitoring installations, and water level readings before, during, and after
3.2the aquifer test; and
3.3(6) the results of any assessments conducted by the commissioner under paragraph (c).
3.4(b) The commissioner may waive an application requirement in this subdivision
3.5if the information provided with the application is adequate to determine whether the
3.6proposed appropriation and use of water is sustainable and will protect ecosystems, water
3.7quality, and the ability of future generations to meet their own needs.
3.8(c) The commissioner shall provide an assessment of a proposed well needing a
3.9groundwater appropriation permit. The commissioner shall evaluate the information
3.10submitted as required under section 103I.205, subdivision 1, paragraph (f), and determine
3.11whether the anticipated appropriation request is likely to meet the applicable requirements
3.12of this chapter. If the appropriation request is likely to meet applicable requirements, the
3.13commissioner shall provide the person submitting the information with a letter providing
3.14preliminary approval to construct the well.
3.15 Sec. 4. Minnesota Statutes 2012, section 103G.287, subdivision 5, is amended to read:
3.16 Subd. 5.
3.17commissioner may issue water use permits for appropriation from groundwater only if
3.18the commissioner determines that the groundwater use is sustainable to supply the needs
3.19of future generations and the proposed use will not harm ecosystems, degrade water, or
3.20reduce water levels beyond the reach of public water supply and private domestic wells
3.21constructed according to Minnesota Rules, chapter 4725.
3.22 Sec. 5. Minnesota Statutes 2012, section 103I.205, subdivision 1, is amended to read:
3.23 Subdivision 1. Notification required. (a) Except as provided in paragraphs (d)
3.24and (e), a person may not construct a well until a notification of the proposed well on a
3.25form prescribed by the commissioner is filed with the commissioner with the filing fee in
3.26section
3.27(f). If after filing the well notification an attempt to construct a well is unsuccessful, a
3.28new notification is not required unless the information relating to the successful well
3.29has substantially changed.
3.30(b) The property owner, the property owner's agent, or the well contractor where a
3.31well is to be located must file the well notification with the commissioner.
3.32(c) The well notification under this subdivision preempts local permits and
3.33notifications, and counties or home rule charter or statutory cities may not require a
4.1permit or notification for wells unless the commissioner has delegated the permitting or
4.2notification authority under section
4.3(d) A person who is an individual that constructs a drive point well on property
4.4owned or leased by the individual for farming or agricultural purposes or as the individual's
4.5place of abode must notify the commissioner of the installation and location of the well.
4.6The person must complete the notification form prescribed by the commissioner and mail
4.7it to the commissioner by ten days after the well is completed. A fee may not be charged
4.8for the notification. A person who sells drive point wells at retail must provide buyers
4.9with notification forms and informational materials including requirements regarding
4.10wells, their location, construction, and disclosure. The commissioner must provide the
4.11notification forms and informational materials to the sellers.
4.12(e) A person may not construct a monitoring well until a permit is issued by the
4.13commissioner for the construction. If after obtaining a permit an attempt to construct a
4.14well is unsuccessful, a new permit is not required as long as the initial permit is modified
4.15to indicate the location of the successful well.
4.16(f) When the operation of a well will require an appropriation permit from the
4.17commissioner of natural resources, a person may not begin construction of the well until
4.18the person submits the following information to the commissioner of natural resources:
4.19(1) the location of the well;
4.20(2) the formation or aquifer that will serve as the water source;
4.21(3) the maximum daily, seasonal, and annual pumpage rates and volumes that will
4.22be requested in the appropriation permit; and
4.23(4) other information requested by the commissioner of natural resources that
4.24is necessary to conduct the preliminary assessment required under section 103G.287,
4.25subdivision 1, paragraph (c).
4.26The person may begin construction after receiving preliminary approval from the
4.27commissioner of natural resources.
4.28 Sec. 6. Minnesota Statutes 2012, section 116D.04, is amended by adding a subdivision
4.29to read:
4.30 Subd. 16. Groundwater; environmental assessment worksheets. When an
4.31environmental assessment worksheet is required for a proposed action that has the
4.32potential to require a groundwater appropriation permit from the commissioner of natural
4.33resources, the board shall require that the environmental assessment worksheet include an
4.34assessment of the water resources available for appropriation.
