Bill Text: MN HF2434 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Water diversion or sale standards set.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2012-02-22 - Introduction and first reading, referred to Environment, Energy and Natural Resources Policy and Finance [HF2434 Detail]
Download: Minnesota-2011-HF2434-Introduced.html
1.2relating to natural resources; setting standards for diversion or sale of water;
1.3amending Minnesota Statutes 2010, sections 103G.261; 103G.265, subdivision
1.42, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 103G.261, is amended to read:
1.7103G.261 WATER ALLOCATION PRIORITIES.
1.8(a) The commissioner shall adopt rules for allocation of waters based on the
1.9following priorities for the consumptive appropriation and use of water:
1.10(1) first priority, domestic water supply, excluding industrial and commercial uses of
1.11municipal water supply, and use for power production that meets the contingency planning
1.12provisions of section103G.285, subdivision 6 ;
1.13(2) second priority, a use of water that involves consumption of less than 10,000
1.14gallons of water per day;
1.15(3) third priority, agricultural irrigation, and processing of agricultural products
1.16involving consumption in excess of 10,000 gallons per day;
1.17(4) fourth priority, power production in excess of the use provided for in the
1.18contingency plan developed under section103G.285, subdivision 6 ;
1.19(5) fifth priority, uses, other than agricultural irrigation, processing of agricultural
1.20products, and power production, involving consumption in excess of 10,000 gallons per
1.21day; and
1.22(6) sixth priority, nonessential uses.
1.23(b) For the purposes of this section, "consumption" means water withdrawn from a
1.24supply that is lost for immediate further use in the area.
2.1(c) Appropriation and use of surface water from streams during periods of flood
2.2flows and high water levels must be encouraged subject to consideration of the purposes
2.3for use, quantities to be used, and the number of persons appropriating water.
2.4(d) Appropriation and use of surface water from lakes of less than 500 acres in
2.5surface area must be discouraged.
2.6(e) The treatment and reuse of water for nonconsumptive uses shall be encouraged.
2.7(f) Diversions of water from the state for use in other states or regions of the United
2.8States or Canada must be discouraged.
2.9 Sec. 2. Minnesota Statutes 2010, section 103G.265, subdivision 2, is amended to read:
2.10 Subd. 2. Diversion or sale greater than 2,000,000 gallons per day. A water
2.11use permit or a plan that requires a permit or the commissioner's approval, involving a
2.12diversion or sale of waters of the state of more than 2,000,000 gallons per day average
2.13in a 30-day period, to a place outside of this state or from the basin of origin within this
2.14state may not be granted or approved until:
2.15(1) a determination is made by the commissioner that the water remaining in the
2.16basin of origin will be adequate to meet the basin's water resources needs during the
2.17specified life of the diversion project; and
2.18(2) approval of the diversion or sale is given by the legislature.
2.19 Sec. 3. Minnesota Statutes 2010, section 103G.265, is amended by adding a
2.20subdivision to read:
2.21 Subd. 2a. Legislative approval for diversion or sale. Legislative approval required
2.22in subdivision 2, clause (2), shall be based on the following considerations:
2.23(1) the requested diversion or sale of waters of the state is reasonable;
2.24(2) the diversion or sale is not contrary to the conservation and use of waters of
2.25the state; and
2.26(3) the diversion or sale is not otherwise detrimental to the public welfare.
2.27 Sec. 4. EFFECTIVE DATE.
2.28Sections 1 to 3 are effective the day following final enactment.
1.3amending Minnesota Statutes 2010, sections 103G.261; 103G.265, subdivision
1.42, by adding a subdivision.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2010, section 103G.261, is amended to read:
1.7103G.261 WATER ALLOCATION PRIORITIES.
1.8(a) The commissioner shall adopt rules for allocation of waters based on the
1.9following priorities for the consumptive appropriation and use of water:
1.10(1) first priority, domestic water supply, excluding industrial and commercial uses of
1.11municipal water supply, and use for power production that meets the contingency planning
1.12provisions of section
1.13(2) second priority, a use of water that involves consumption of less than 10,000
1.14gallons of water per day;
1.15(3) third priority, agricultural irrigation, and processing of agricultural products
1.16involving consumption in excess of 10,000 gallons per day;
1.17(4) fourth priority, power production in excess of the use provided for in the
1.18contingency plan developed under section
1.19(5) fifth priority, uses, other than agricultural irrigation, processing of agricultural
1.20products, and power production, involving consumption in excess of 10,000 gallons per
1.21day; and
1.22(6) sixth priority, nonessential uses.
1.23(b) For the purposes of this section, "consumption" means water withdrawn from a
1.24supply that is lost for immediate further use in the area.
2.1(c) Appropriation and use of surface water from streams during periods of flood
2.2flows and high water levels must be encouraged subject to consideration of the purposes
2.3for use, quantities to be used, and the number of persons appropriating water.
2.4(d) Appropriation and use of surface water from lakes of less than 500 acres in
2.5surface area must be discouraged.
2.6(e) The treatment and reuse of water for nonconsumptive uses shall be encouraged.
2.7
2.8
2.9 Sec. 2. Minnesota Statutes 2010, section 103G.265, subdivision 2, is amended to read:
2.10 Subd. 2. Diversion or sale greater than 2,000,000 gallons per day. A water
2.11use permit or a plan that requires a permit or the commissioner's approval, involving a
2.12diversion or sale of waters of the state of more than 2,000,000 gallons per day average
2.13in a 30-day period, to a place outside of this state or from the basin of origin within this
2.14state may not be granted or approved until:
2.15(1) a determination is made by the commissioner that the water remaining in the
2.16basin of origin will be adequate to meet the basin's water resources needs during the
2.17specified life of the diversion project; and
2.18(2) approval of the diversion or sale is given by the legislature.
2.19 Sec. 3. Minnesota Statutes 2010, section 103G.265, is amended by adding a
2.20subdivision to read:
2.21 Subd. 2a. Legislative approval for diversion or sale. Legislative approval required
2.22in subdivision 2, clause (2), shall be based on the following considerations:
2.23(1) the requested diversion or sale of waters of the state is reasonable;
2.24(2) the diversion or sale is not contrary to the conservation and use of waters of
2.25the state; and
2.26(3) the diversion or sale is not otherwise detrimental to the public welfare.
2.27 Sec. 4. EFFECTIVE DATE.
2.28Sections 1 to 3 are effective the day following final enactment.
