Bill would speed water-permit decisions, allow narrow cover-crop water use and ease permit transfers

Representative Burkel introduced House File 3236 to reform water-appropriation permitting at the Department of Natural Resources. He described the bill's core changes as early DNR access for large water users to discuss site and aquifer availability, clearer and timely transfer of permits, a limited one-inch water allowance to establish cover crops, and additional accountability measures and timetables for permit decisions.

Jason Mekel, assistant division director for ecological and water resources at the DNR, said the department generally already transfers permits but flagged concerns about proposed changes to aquifer-test requirements and noted a statutory conflict: a provision that would require the commissioner to refund application fees if the agency fails to act may conflict with an existing statute that bars such refunds. Mekel said the DNR can revisit permits when needed and typically waives aquifer tests unless necessary.

Representatives of agricultural stakeholders, including Darren Broton of Minnesota AgriGrowth and Jake Wildman of the Irrigators Association, supported the bill as a needed modernization that would provide clarity and predictability for farmers, especially around permit transfers and cover-crop establishment. Members asked whether transfers would allow a change in use (for example, to a data center); DNR staff said that would be a change in use requiring review.

Representative Burkel renewed his motion and the committee laid HF3236, as amended, over for possible inclusion in a future bill.