SF840

Purpose

• To change how new water use permits from the Mt. Simon-Hinckley aquifer are approved, by adding requirements for potable and nonpotable uses and aligning with existing water law.

Main Provisions

• Potable water use from the Mt. Simon-Hinckley aquifer
  • A new permit may not be issued unless:
  • There are no feasible or practical alternatives to using this aquifer for potable water.
  • A water conservation plan is included with the permit, using best available water conservation technology and practices.
  • The permit complies with the broader water law framework, including sections 103G.255 through 103G.299 and the general permit requirements in sections 103G.301 and 103G.111.
• Nonpotable water use from the Mt. Simon-Hinckley aquifer
  • A new permit may not be issued unless:
  • The potable-use requirements above (the conditions in paragraph a) are satisfied, and
  • The requested appropriation occurs outside a metropolitan county (as defined in section 473.121 subdivision 4).

How this changes current law

• Introduces a new hurdle for any fresh permits to take water from the Mt. Simon-Hinckley aquifer for drinking water, requiring exploration of alternatives and a built-in conservation plan.
• Adds a geographic limit for nonpotable water uses from this aquifer, specifically excluding metropolitan counties from new nonpotable allocations.
• Ties the new permit standards to existing statute sections on water use and general permit processes.

Implications

• Encourages conservation and the search for other water sources before approving new potable-water withdrawals from this aquifer.
• Potentially reduces or delays new water projects that rely on the Mt. Simon-Hinckley aquifer for potable water.
• Creates a clear separation: potable uses must meet stringent sustainability criteria; nonpotable uses are restricted by location.

Effective framework references (within the bill)

• Mt. Simon-Hinckley aquifer
• potable water use
• nonpotable use
• feasible or practical alternatives
• water conservation plan
• best available water conservation technology and practices
• sections 103G.255 to 103G.299
• sections 103G.301 and 103G.111
• metropolitan county (473.121 subdivision 4)

Relevant Terms - Mt. Simon-Hinckley aquifer - water use permits - potable water use - nonpotable use - feasible or practical alternatives - water conservation plan - best available water conservation technology and practices - Minnesota Statutes 103G.271 subdivision 4a - Minnesota Statutes sections 103G.255 to 103G.299 - Minnesota Statutes sections 103G.301 and 103G.111 - metropolitan county - 473.121 subdivision 4