HF1207

Purpose

Explain how Minnesota manages groundwater and how the state could use artificial recharge and aquifer storage and recovery (ASR) to protect and use groundwater more effectively. The bill would update policy, fund a data project, and create new roles and processes for evaluating and permitting ASR-related activities.

Main Provisions

• Groundwater policy modernization

  • Establishes a multiagency approach to protecting groundwater, listing primary responsibilities for six state agencies:
  • Environmental Quality Board: overall coordination of groundwater protection programs
  • Pollution Control Agency: water quality monitoring, reporting, and development of best management practices (BMPs) and regulatory tools for nonagricultural chemical contaminants
  • Department of Agriculture: sustainable agriculture, integrated pest management (IPM), water quality monitoring, and BMPs/regulatory tools for agricultural contaminants
  • Board of Water and Soil Resources: groundwater education/outreach, local government coordination, local water planning, and cost-share programs
  • Department of Natural Resources: water quantity monitoring and regulation, groundwater sensitivity mapping, and planning for using IPM and sustainable agriculture on state-owned lands
  • Department of Health: regulation of wells and borings and development of health risk limits
  • The Environmental Quality Board must report on policy issues related to these responsibilities and include these reports with broader groundwater assessments and plans.

• Policy direction on artificial recharge

  • If groundwater levels are depleted and not naturally recovering quickly enough, artificial recharge options should be considered and implemented where feasible and appropriate.

• Groundwater storage and recovery funding and duties

  • Appropriation (one-time, FY 2026): General fund money to the Department of Natural Resources to complete a centralized aquifer-property database to support site characterization.
  • Department of Health duties:
  • Develop a decision-support system and a cost-benefit analysis tool to help evaluate the potential for aquifer storage and recovery.
  • Seek primacy from the U.S. Environmental Protection Agency (EPA) over Class V injection wells.
  • Modify Minnesota law to allow injection wells in ASR projects that meet specified design criteria.
  • Create a process for well permitting with detailed requirements for engineering and environmental information, including source water, and pre- and post-treatment reporting and monitoring.

Significant Changes to Existing Law

• Introduces artificial recharge as an identified option when groundwater is stressed.
• Adds a formal requirement to pursue EPA primacy for Class V injection wells related to ASR.
• Enables injection wells specifically for ASR projects, contingent on meeting design criteria and permitting processes.
• Establishes a statewide centralized aquifer-property data system to support site characterization.
• Creates new decision-support and cost-benefit analysis tools to evaluate ASR viability for interested parties.
• Formalizes interagency roles and reporting to better align groundwater protection, quality, quantity, and education with ASR considerations.

Potential Impacts

• Enhanced use of ASR as a tool to stabilize or rehabilitate groundwater supplies.
• Increased regulatory and permitting activity around injection wells and ASR-related projects.
• More data-driven decisions through new databases and decision-support tools.
• Greater emphasis on balancing environmental protection with agricultural and municipal water needs.

Relevant Terms - artificial recharge / artificial recharge options - aquifer storage and recovery (ASR) - injection wells / Class V injection wells - groundwater protection / multiagency management - groundwater storage and recovery - centralized aquifer-property database - site characterization - decision-support system - cost-benefit analysis - sustainable agriculture - integrated pest management (IPM) - water quality monitoring - best management practices (BMPs) - health risk limits (103H.201) - EPA primacy - Minnesota Water Plan - 103A.204 (groundwater policy) - 103I (injection wells regulation)