1.1.................... moves to amend H.F. No. 976, the delete everything amendment
1.2(H0976DE1), as follows:
1.3Page 101, delete section 74 and insert:
1.4 "Sec. 74. Minnesota Statutes 2012, section 103G.271, subdivision 6, is amended to read:
1.5 Subd. 6.
Water use permit processing fee. (a) Except as described in paragraphs
1.6(b) to (f), a water use permit processing fee must be prescribed by the commissioner in
1.7accordance with the schedule of fees in this subdivision for each water use permit in force
1.8at any time during the year. Fees collected under this paragraph are credited to the water
1.9management account in the natural resources fund. The schedule is as follows, with the
1.10stated fee in each clause applied to the total amount appropriated:
1.11 (1)
$140 for amounts not exceeding 50,000,000 gallons per year;
1.12 (2) $3.50 for residential use, $15 per 1,000,000 gallons
for amounts greater than
1.1350,000,000 gallons but less than 100,000,000 gallons per year;
1.14 (3) $4 (2) for use for metallic mine dewatering, mineral processing, and wood
1.15products processing, $8 per 1,000,000 gallons
for amounts greater than 100,000,000
1.16gallons but less than 150,000,000 gallons per year;
1.17 (4) $4.50 (3) for use for agricultural irrigation, including sod farms, orchards and
1.18nurseries, and for livestock watering, $22 per 1,000,000 gallons
for amounts greater than
1.19150,000,000 gallons but less than 200,000,000 gallons per year;
1.20 (5) $5 (4) for nonagricultural irrigation, $70 per 1,000,000 gallons
for amounts
1.21greater than 200,000,000 gallons but less than 250,000,000 gallons per year;
and
1.22 (6) $5.50 (5) for all other uses, $30 per 1,000,000 gallons
for amounts greater than
1.23250,000,000 gallons but less than 300,000,000 gallons per year;
1.24 (7) $6 per 1,000,000 gallons for amounts greater than 300,000,000 gallons but less
1.25than 350,000,000 gallons per year;
1.26 (8) $6.50 per 1,000,000 gallons for amounts greater than 350,000,000 gallons but
1.27less than 400,000,000 gallons per year;
2.1 (9) $7 per 1,000,000 gallons for amounts greater than 400,000,000 gallons but less
2.2than 450,000,000 gallons per year;
2.3 (10) $7.50 per 1,000,000 gallons for amounts greater than 450,000,000 gallons but
2.4less than 500,000,000 gallons per year; and
2.5 (11) $8 per 1,000,000 gallons for amounts greater than 500,000,000 gallons per year.
2.6 (b) For once-through cooling systems, a water use processing fee must be prescribed
2.7by the commissioner in accordance with the following schedule of fees for each water use
2.8permit in force at any time during the year:
2.9 (1) for nonprofit corporations and school districts, $200 per 1,000,000 gallons; and
2.10 (2) for all other users, $420 per 1,000,000 gallons.
2.11 (c) The fee is payable based on the amount of water appropriated during the year
2.12and, except as provided in paragraph (f), the minimum fee is
$100 $140.
2.13 (d) For water use processing fees other than once-through cooling systems:
2.14 (1) the fee for a city of the first class may not exceed
$250,000 $275,000 per year;
2.15 (2) the fee for other entities for any permitted use may not exceed:
2.16 (i)
$60,000 $66,000 per year for an entity holding three or fewer permits;
2.17 (ii)
$90,000 $99,000 per year for an entity holding four or five permits; or
2.18 (iii)
$300,000 $330,000 per year for an entity holding more than five permits;
2.19 (3) the fee for
agricultural wild rice irrigation may not exceed $750 per year;
2.20 (4) the fee for a municipality that furnishes electric service and cogenerates steam
2.21for home heating may not exceed $10,000 for its permit for water use related to the
2.22cogeneration of electricity and steam; and
2.23 (5) no fee is required for a project involving the appropriation of surface water to
2.24prevent flood damage or to remove flood waters during a period of flooding, as determined
2.25by the commissioner.
2.26 (e) Failure to pay the fee is sufficient cause for revoking a permit. A penalty of two
2.27percent per month calculated from the original due date must be imposed on the unpaid
2.28balance of fees remaining 30 days after the sending of a second notice of fees due. A fee
2.29may not be imposed on an agency, as defined in section
16B.01, subdivision 2, or federal
2.30governmental agency holding a water appropriation permit.
2.31 (f) The minimum water use processing fee for a permit issued for irrigation of
2.32agricultural land is $20 for years in which:
2.33 (1) there is no appropriation of water under the permit; or
2.34 (2) the permit is suspended for more than seven consecutive days between May 1
2.35and October 1.
3.1 (g) A surcharge of
$30 $75 per million gallons in addition to the fee prescribed
3.2in paragraph (a) shall be applied to the volume of water used in each of the months of
3.3May, June, July,
and August
, and September that exceeds the volume of water used in
3.4January for municipal water use
, irrigation of golf courses, and landscape irrigation. The
3.5surcharge for municipalities with more than one permit shall be determined based on the
3.6total appropriations from all permits that supply a common distribution system.
3.7EFFECTIVE DATE.This section is effective January 1, 2014."