Mt. Simon-Hinckley aquifer appropriation permits eligibility criteria expanded.

A bill for an act

relating to natural resources; expanding eligibility criteria for Mt. Simon-Hinckley

aquifer appropriation permits; amending Minnesota Statutes 2024, section

103G.271, subdivision 4a.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2024, section 103G.271, subdivision 4a, is amended to read:

Subd. 4a.

Mt. Simon-Hinckley aquifer.

new text begin
(a) Except as provided under paragraphs (b)

and (c),
new text end
the commissioner may not issue new water-use permits that will appropriate water

from the Mt. Simon-Hinckley aquifer
deleted text begin
unless the appropriation is for potable water use, there

are no feasible or practical alternatives to this source, and a water conservation plan is

incorporated with the permit
deleted text end
.

new text begin

(b) The commissioner may issue a new water-use permit to appropriate water from the

Mt. Simon-Hinckley aquifer for a first priority water use as described in section 103G.261,

paragraph (a), clause (1), if:

new text end

new text begin

(1) the commissioner determines that there are no feasible or practical alternatives to

this source;

new text end

new text begin

(2) a water conservation plan that incorporates best available water conservation

technology and practices is required in the permit; and

new text end

new text begin

(3) the permit is consistent with the requirements of sections 103G.255 to 103G.2991

and the general permit requirements of sections 103G.301 and 103G.315, as applicable.

new text end

new text begin

(c) The commissioner may issue a new water-use permit to appropriate water from the

Mt. Simon-Hinckley aquifer for irrigation of a growing crop, if the requested appropriation

is in Aitkin County, Carlton County, Chisago County, Isanti County, Kanabec County,

Mille Lacs County, Pine County, or Sherburne County and:

new text end

new text begin

(1) the commissioner determines that there are no feasible or practical alternatives to

this source;

new text end

new text begin

(2) a water conservation plan that incorporates best available water conservation

technology and practices is required in the permit;

new text end

new text begin

(3) the commissioner requires the installation and maintenance of monitoring equipment

to evaluate water resource impacts from the permitted appropriation under section 103G.282;

new text end

new text begin

(4) the commissioner requires an applicant to conduct an aquifer test as provided under

section 103G.287;

new text end

new text begin

(5) the permit is for the use of no more than 50,000,000 gallons per year;

new text end

new text begin

(6) the commissioner requires an applicant to test the water for the presence of

perfluoroalkyl and polyfluoroalkyl substances, nitrates, and pesticides after a water-use

permit has been granted; and

new text end

new text begin

(7) the permit is consistent with the requirements of sections 103G.255 to 103G.2991

and the general permit requirements of sections 103G.301 and 103G.315, as applicable.

new text end

new text begin

(d) The permit applicant is responsible for all costs related to the water quality testing

required under paragraph (c), clause (6).

new text end

new text begin

(e) For the purpose of this section, "growing crop" means an agricultural, horticultural,

or forest crop that has been planted or regularly maintained and intended for harvest. It does

not mean a permanent pasture, hay meadow, woodlot, or other noncrop area that contains

native or seeded perennial plants used for grazing or hay purposes and that is not harvested

on a regular basis.

new text end