Return to homepage of -- 'General Mills vs Minnesota DNR' --

Minnesota Statute 103G.271  

Subd. 5. Prohibition on once-through water use permits. (a) The commissioner may not, after December 31, 1990, issue a water use permit to increase the volume of appropriation from a groundwater source for a once-through cooling system using in excess of 5,000,000 gallons annually.

(b) Except as provided in paragraph (c), once-through system water use permits using in excess of 5,000,000 gallons annually, must be terminated by the commissioner by the end of their design life but not later than December 31, 2010. Existing once-through systems are required to convert to water efficient alternatives within the design life of existing equipment.  

(c) Paragraph (b) does not apply where groundwater appropriated for use in a once-through system is subsequently discharged into a wetland or public waters wetland owned or leased by a nonprofit corporation if:  

(1) the membership of the corporation includes a local government unit;  

(2) the deed or lease requires that the area containing the wetland or public waters wetland be maintained as a nature preserve;  

(3) public access is allowed consistent with the area’s status as a nature preserve; and  

(4) by January 1, 2003, the permittee incurs costs of developing the nature preserve and associated facilities that, when discounted to 1992 dollars, exceed twice the projected cost, as determined by the commissioner, of the conversion required in paragraph (b), discounted to 1992 dollars.  

The costs incurred under clause (4) may include preparation of plans and designs; site preparation; construction of wildlife habitat structures; planting of trees and other vegetation; installation of signs and markers; design and construction of trails, docks, and access structures; and design and construction of interpretative facilities. The permittee shall submit an estimate of the cost of the conversion required in paragraph (b) to the commissioner by January 1, 1993, and shall annually report to the commissioner on the progress of the project and the level of expenditures.      



        Proposed Amendment to HF 3516/SF 3071  

Add a definition to 103G. 005 Definitions by adding a new subdivision.  

Subd. 20. Nature Preserve. "Nature Preserve" means an area containing wetlands or public water wetlands and must be a minimum of one acre in area for every million gallons authorized by a water use permit for once through cooling of building space that existed before August 1,1992.

website by dave stack , --- last update 00nov18