reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.209 — Submerged Closed Loop Heat Exchanger System; Requirements.

103I.209 SUBMERGED CLOSED LOOP HEAT EXCHANGER SYSTEM; REQUIREMENTS.
Subdivision 1.
Permit required.
After May 25, 2023, a person must not install a submerged closed loop heat exchanger in a water supply well without a permit granted by the commissioner. A submerged closed loop heat exchanger system approved by a variance granted by the commissioner prior to May 25, 2023, may continue to operate without obtaining a permit under this section or section 103I.210.
Subd. 2.
Construction.
(a) A water supply well constructed to house a submerged closed loop heat exchanger must be constructed by a licensed well contractor and the submerged closed loop heat exchanger must be installed by a licensed well contractor.
(b) The commissioner may consider a variance under Minnesota Rules, part 4725.0410, to the screen configuration requirements under Minnesota Rules, part 4725.2750, to allow any combination of screen, casing, leader, riser, sump, or other piping so long as the screen configuration does not interconnect aquifers or extend through a confining layer. The commissioner must consider rules for these screen configurations during the expedited rulemaking process authorized by section 103I.208, subdivision 3.
(c) A water supply well used for a submerged closed loop heat exchanger must comply with the requirements of this chapter and Minnesota Rules, chapter 4725.
Subd. 3.
Heat transfer fluid.
Water used as heat transfer fluid must be sourced from a potable supply. The heat transfer fluid may be amended with additives to inhibit corrosion or microbial activity. Any additive used must be ANSI/NSF-60 certified.
History:
2023 c 70 art 4 s 10
NOTE:
This section, as added by Laws 2023, chapter 70, article 4, section 10, expires on December 31 of the year that the permanent rules are adopted pursuant to Minnesota Statutes, section 103I.208, subdivision 3. Laws 2023, chapter 70, article 4, section 10, the effective date.
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.221 — Plastic Casings.

103I.221 PLASTIC CASINGS.
Subdivision 1.
Plastic casings allowed.
The use of plastic casings in wells is expressly authorized.
Subd. 2.
Rules.
The commissioner may adopt rules relating to the installation of plastic well casing.
History:
1989 c 326 art 3 s 12
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.231 — Commissioner May Order Repairs.

103I.231 COMMISSIONER MAY ORDER REPAIRS.
(a) The commissioner may order a property owner to take remedial measures, including making repairs, reconstructing, or sealing a well or boring according to provisions of this chapter. The order may be issued if the commissioner determines, based on inspection of the water or the well or boring site or an analysis of water from the well or boring, that the well or boring:
(1) is contaminated or may contribute to the spread of contamination;
(2) is required to be sealed under this chapter and has not been sealed according to provisions of this chapter;
(3) is in a state of disrepair so that its continued existence endangers the quality of the groundwater;
(4) is a health or safety hazard; or
(5) is located in a place or constructed in a manner that its continued use or existence endangers the quality of the groundwater.
(b) The order of the commissioner may be enforced in an action to seek compliance brought by the commissioner in the district court of the county where the well or boring is located.
History:
1989 c 326 art 3 s 13; 1991 c 355 s 25; 2005 c 106 s 26
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.236 — Well Disclosure In Washington County.

103I.236 WELL DISCLOSURE IN WASHINGTON COUNTY.
Before signing an agreement to sell or transfer real property in Washington County that is not served by a municipal water system, the seller must state in writing to the buyer whether, to the seller's knowledge, the property is located within a special well construction area designated by the commissioner of health under Minnesota Rules, part 4725.3650. If the disclosure under section 103I.235, subdivision 1, paragraph (a), states that there is an unsealed well on the property, the disclosure required under this clause must be made regardless of whether the property is served by a municipal water system.
History:
2003 c 128 art 1 s 170
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.241 — Action For Well Contamination.

103I.241 ACTION FOR WELL CONTAMINATION.
Subdivision 1.
Owner's cause of action for well contamination.
The owner of real property where a well is located has a cause of action for civil damages against a person whose action or inaction caused contamination of a well. The property owner may commence an action for a period of six years after the owner knows or becomes aware of the contamination of the well.
Subd. 2.
Court awards.
The court may award damages, reasonable attorney fees, and costs and disbursements.
History:
1989 c 326 art 3 s 15
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.301 — Well Sealing Requirements.

103I.301 WELL SEALING REQUIREMENTS.
Subdivision 1.
Wells and borings.
(a) A property owner must have a well or boring sealed if:
(1) the well or boring is contaminated or may contribute to the spread of contamination;
(2) the well or boring was attempted to be sealed but was not sealed according to the provisions of this chapter; or
(3) the well or boring is located, constructed, or maintained in a manner that its continued use or existence endangers groundwater quality or is a safety or health hazard.
(b) A well or boring that is not in use must be sealed unless the property owner has a maintenance permit for the well.
(c) The property owner must have a well or boring sealed by a licensed person authorized to seal the well or boring, consistent with provisions of this chapter.
Subd. 2.
Environmental wells.
The owner of the property where an environmental well is located must have the environmental well sealed when the well is no longer in use. The owner must have a well contractor, limited well/boring sealing contractor, or an environmental well contractor seal the environmental well.
Subd. 3.
Dewatering wells.
(a) The owner of the property where a dewatering well is located must have the dewatering well sealed when the dewatering well is no longer in use.
(b) A well contractor, limited well/boring sealing contractor, or limited dewatering well contractor shall seal the dewatering well.
Subd. 3a.
Temporary boring.
(a) The owner of the property where a temporary boring is located must have the temporary boring sealed within 72 hours after the start of construction of the temporary boring.
(b) The owner must have a well contractor, a limited well/boring sealing contractor, or an environmental well contractor seal the temporary boring.
Subd. 4.
Sealing procedures.
Wells and borings must be sealed according to rules adopted by the commissioner.
Subd. 5.
[Repealed, 1990 c 597 s 73]
Subd. 6.
Notification required.
A person may not seal a well or temporary boring until a notification of the proposed sealing is filed as prescribed by the commissioner. A single notification is required for all temporary borings sealed on a single property. Temporary borings less than 25 feet in depth are exempt from the notification requirements in this chapter.
History:
1989 c 326 art 3 s 16; 1990 c 597 s 36; 1991 c 355 s 27,28; 1992 c 544 s 7,8; 1999 c 153 s 9,10; 1Sp2017 c 6 art 10 s 24,25; 1Sp2019 c 9 art 11 s 12,13
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.311 — Identification And Sealing Of Wells On State Property.

103I.311 IDENTIFICATION AND SEALING OF WELLS ON STATE PROPERTY.
Subdivision 1.
Identification of wells.
The commissioner of natural resources in cooperation with other state agencies must identify the location and status of wells and abandoned wells located on state property.
Subd. 2.
Plan and appropriation request for well sealing.
In each budget year of a biennium, the commissioner must present a plan and an appropriation request to properly seal wells on state property.
Subd. 3.
Prohibition on state land purchased without well identification.
The state may not purchase or sell a fee interest in real property without identifying the location of all wells on the property, whether in use, not in use, or sealed, and making provisions to have the wells not in use properly sealed at the cost of the seller as part of the contract. The deed or other instrument of conveyance evidencing the sale may not be recorded with the county recorder or registrar of titles unless this subdivision is complied with. Failure to comply with a requirement of this subdivision does not impair:
(1) the validity of a deed or other instrument of conveyance as between the parties to the deed or instrument or as to any other person who otherwise would be bound by the deed or instrument; or
(2) the record, as notice, of any deed or other instrument of conveyance accepted for filing or recording contrary to the provisions of this subdivision.
History:
1989 c 326 art 3 s 17; 1990 c 597 s 37; 1991 c 355 s 29; 2008 c 277 art 1 s 7
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.315 — Orders To Seal Wells And Borings.

103I.315 ORDERS TO SEAL WELLS AND BORINGS.
Subdivision 1.
Order to seal well or boring.
The commissioner may order a property owner to seal a well or boring if:
(1) the commissioner determines that without being sealed the well or boring is an imminent threat to public health or public safety;
(2) the well or boring is required to be sealed under section 103I.301; or
(3) a well is an environmental well or dewatering well and by 14 months after construction of the well, the owner has not obtained a maintenance permit, or after a maintenance permit has been issued the owner has not renewed a maintenance permit.
Subd. 2.
Failure of owner to seal well or boring.
If the property owner fails to seal a well or boring in the time provided in the commissioner's order, or if the commissioner is unable to identify or locate the property owner, the commissioner may enter the property and have the well or boring sealed. The property owner is liable for and must pay the costs of sealing the well or boring.
History:
1989 c 326 art 3 s 18; 1992 c 544 s 9; 1Sp2017 c 6 art 10 s 26
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.325 — Landowner Sealed Well And Boring Liability.

103I.325 LANDOWNER SEALED WELL AND BORING LIABILITY.
Subdivision 1.
[Repealed, 1990 c 597 s 73]
Subd. 2.
Liability after sealing.
The owner of a well or boring is not liable for contamination of groundwater from the well or boring that occurs after the well or boring has been sealed by a licensed contractor in compliance with this chapter if a report of sealing has been filed with the commissioner of health by the contractor who performed the work, and if the owner has not disturbed or disrupted the sealed well or boring.
History:
1989 c 326 art 3 s 20; 1990 c 597 s 38; 2005 c 106 s 27
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.335 — Funding For Persons To Seal Wells.

103I.335 FUNDING FOR PERSONS TO SEAL WELLS.
Subdivision 1.
Application.
A property owner who desires to seal a well may apply to the Board of Water and Soil Resources for the board to provide funds and seal the well.
Subd. 2.
Criteria for sealing.
The Board of Water and Soil Resources shall adopt criteria for accepting applications to seal wells for property owners applying under subdivision 1.
Subd. 3.
Collection and enforcement of costs.
If the applications are accepted, the costs of sealing become a governmental services lien as provided in section 103I.341. The Board of Water and Soil Resources must enter a written agreement to collect the costs of sealing the well in a manner provided under section 103I.341, subdivision 3. If the costs are not paid according to the agreement, the Board of Water and Soil Resources may enforce the lien in any manner provided under section 103I.341, subdivisions 2 and 3.
History:
1989 c 326 art 3 s 22
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.341 — Collection And Enforcement Of Well Sealing Costs.

103I.341 COLLECTION AND ENFORCEMENT OF WELL SEALING COSTS.
Subdivision 1.
Lien for sealing costs.
The commissioner and the Board of Water and Soil Resources have a governmental services lien under section 514.67 for the costs of sealing a well or boring that the commissioner or board has contracted to be sealed under section 103I.315, subdivision 2; or 103I.335. The lien attaches to the real property where the well or boring is located. The lien is perfected by recording the lien with the county recorder or registrar of titles where the well or boring and the property are located and serving or mailing by return receipt a copy of the lien to the property owner.
Subd. 2.
Enforcement of lien.
The commissioner or the Board of Water and Soil Resources may enforce the lien in the manner provided for a judgment lien under chapter 550 or certify the amount to the county auditor, which must be assessed against the property and collected in the same manner as real estate taxes.
Subd. 3.
Assessment of installments.
(a) In lieu of certifying the entire amount to be collected, the commissioner or the Board of Water and Soil Resources may have the amount due assessed in seven or less equal annual installments plus interest due at the rate determined by the state court administrator for judgments under section 549.09.
(b) The interest due is an additional perfected lien on the property without further action by the commissioner or the Board of Water and Soil Resources.
(c) The interest and the installment due must be entered on the tax lists for the year and collected in the same manner as real estate taxes for that year by collecting one-half of the total of the installment and interest with and as part of the real estate taxes.
Subd. 4.
Satisfaction of lien.
The amount due and interest of a lien under this section may be paid at any time. When the amount of the lien including accrued interest is paid, the commissioner or board must execute a satisfaction of the lien and record the satisfaction with the county recorder or registrar of titles where the lien was recorded.
Subd. 5.
Appropriation of recovered costs.
Costs of sealing wells recovered from property owners by the Board of Water and Soil Resources must be deposited in the state treasury and credited to the account from which the amounts were originally appropriated. The amounts are continuously appropriated to the board for sealing wells.
History:
1989 c 326 art 3 s 23; 1992 c 544 s 10,11; 1997 c 7 art 1 s 24; 2005 c 4 s 27,28
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.345 — Well And Boring Sealing Account.

103I.345 WELL AND BORING SEALING ACCOUNT.
Subdivision 1.
Revenue sources.
Revenue from the following sources must be deposited in the state treasury and credited to a special account:
(1) all money recovered by the commissioner under section 103I.341;
(2) all money paid under section 144.99 or under any agreement, stipulation, or settlement resolving an enforcement action brought by the commissioner;
(3) all interest attributable to investment of money credited to the account; and
(4) all money received in the form of gifts, grants, reimbursements, or appropriations from any source intended to be used for the purposes of the account.
Subd. 2.
Expenditures.
Subject to appropriation by law, money in the account established under subdivision 1 may be used by the commissioner for sealing wells and borings.
History:
1992 c 544 s 12; 1993 c 206 s 1; 2005 c 106 s 28
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.401 — Elevator Borings.

103I.401 ELEVATOR BORINGS.
Subdivision 1.
Permit required.
(a) A person may not construct an elevator boring until a permit for the hole or excavation is issued by the commissioner.
(b) The elevator boring permit preempts local permits except local building permits, and counties and home rule charter or statutory cities may not require a permit for elevator borings.
Subd. 2.
License required.
A person may not construct an elevator boring unless the person possesses a well contractor's license or an elevator boring contractor's license issued by the commissioner.
Subd. 3.
Sealing.
A well contractor or elevator boring contractor must seal a hole or excavation that is no longer used for an elevator boring. The sealing must be done according to rules adopted by the commissioner.
Subd. 4.
Report.
Within 30 days after completion or sealing of an elevator boring, the person doing the work must submit a report to the commissioner on forms provided by the commissioner.
History:
1989 c 326 art 3 s 24; 1994 c 557 s 24; 1997 c 203 art 2 s 6; 2005 c 106 s 29
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.501 — Licensing And Regulation Of Wells And Borings.

103I.501 LICENSING AND REGULATION OF WELLS AND BORINGS.
(a) The commissioner shall regulate and license:
(1) drilling, constructing, and repair of wells;
(2) sealing of wells;
(3) installing of well pumps and pumping equipment;
(4) excavating, drilling, repairing, and sealing of elevator borings;
(5) construction, repair, and sealing of environmental wells; and
(6) construction, repair, and sealing of bored geothermal heat exchangers.
(b) The commissioner shall examine and license well contractors, limited well/boring contractors, elevator boring contractors, and environmental well contractors.
(c) The commissioner shall license explorers engaged in exploratory boring and shall examine persons who supervise or oversee exploratory boring.
History:
1989 c 326 art 3 s 26; 1999 c 153 s 11; 2005 c 106 s 30; 2013 c 108 art 12 s 108; 1Sp2017 c 6 art 10 s 27
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.505 — Reciprocity Of Licenses And Registrations.

103I.505 RECIPROCITY OF LICENSES AND REGISTRATIONS.
Subdivision 1.
Reciprocity authorized.
The commissioner may issue a license or certify a person under this chapter, without giving an examination, if the person is licensed or certified in another state and:
(1) the requirements for licensing or certification under which the well or boring contractor was licensed or person was certified do not conflict with this chapter;
(2) the requirements are of a standard not lower than that specified by the rules adopted under this chapter; and
(3) equal reciprocal privileges are granted to licensees or certified persons of this state.
Subd. 2.
Fees required.
A well or boring contractor or certified person must apply for the license or certification and pay the fees under the provisions of this chapter to receive a license or certification under this section.
History:
1989 c 326 art 3 s 27; 2005 c 106 s 31; 1Sp2017 c 6 art 10 s 28,29
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.515 — Licenses Not Transferable.

103I.515 LICENSES NOT TRANSFERABLE.
A license or certification issued under this chapter is not transferable.
History:
1989 c 326 art 3 s 28; 1Sp2017 c 6 art 10 s 30
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.521 — Fees.

103I.521 FEES.
Unless otherwise specified, fees collected by the commissioner under this chapter shall be deposited in the state treasury and credited to the state government special revenue fund.
History:
1989 c 326 art 3 s 29; 2003 c 112 art 2 s 50; 2009 c 101 art 2 s 109; 2013 c 108 art 12 s 12
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.545 — Registration Of Drilling Machines And Hoists Required.

103I.545 REGISTRATION OF DRILLING MACHINES AND HOISTS REQUIRED.
Subdivision 1.
Drilling machine.
(a) A person may not use a drilling machine such as a cable tool, rotary tool, hollow rod tool, or auger for a drilling activity requiring a license under this chapter unless the drilling machine is registered with the commissioner.
(b) A person must apply for the registration on forms prescribed by the commissioner and submit a $75 registration fee.
(c) A registration is valid for one year.
Subd. 2.
Hoist.
(a) A person may not use a machine such as a hoist for an activity requiring a license under this chapter to repair wells or borings, seal wells or borings, or install pumps unless the machine is registered with the commissioner.
(b) A person must apply for the registration on forms prescribed by the commissioner and submit a $75 registration fee.
(c) A registration is valid for one year.
History:
1989 c 326 art 3 s 35; 1991 c 355 s 42; 1Sp2001 c 9 art 1 s 23; 2002 c 379 art 1 s 113; 2005 c 106 s 53; 1Sp2017 c 6 art 10 s 49
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.550 — Limited Pump, Pitless, Or Dug Well/drive Point Contractor.

103I.550 LIMITED PUMP, PITLESS, OR DUG WELL/DRIVE POINT CONTRACTOR.
Subdivision 1.
Limited pump or pitless license or certification.
A person with a limited well/boring contractor's license or certification to install well pumps and pumping equipment; or a person with a limited well/boring contractor's license or certification to install, repair, and modify pitless units and pitless adapters, well casings above the pitless unit or pitless adapter, and well screens and well diameters, will be issued a combined license or certification to: (1) install well pumps and pumping equipment; and (2) install, repair, and modify pitless units and pitless adapters, well casings above the pitless unit or pitless adapter, well screens, and well diameters.
Subd. 2.
Limited dug well/drive point license or certification.
A person with a limited well/boring contractor's license or certification to construct, repair, and seal drive point wells and dug wells will be issued a well contractor's license or certification.
History:
1Sp2017 c 6 art 10 s 50
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.621 — Permits For Groundwater Thermal Exchange Devices.

103I.621 PERMITS FOR GROUNDWATER THERMAL EXCHANGE DEVICES.
Subdivision 1.
Permit.
(a) Notwithstanding any department or agency rule to the contrary, the commissioner shall issue, on request by the owner of the property and payment of the permit fee, permits for the reinjection of water by a properly constructed well into the same aquifer from which the water was drawn for the operation of a groundwater thermal exchange device.
(b) As a condition of the permit, an applicant must agree to allow inspection by the commissioner during regular working hours for department inspectors.
(c) Not more than 200 permits may be issued for small systems having maximum capacities of 20 gallons per minute or less. The small systems are subject to inspection twice a year.
(d) Not more than ten permits may be issued for larger systems having maximum capacities from 20 to 50 gallons per minute. The larger systems are subject to inspection four times a year.
(e) A person issued a permit must comply with this section for the permit to be valid.
Subd. 2.
Water-use requirements apply.
Water-use permit requirements and penalties under chapter 103F and related rules adopted and enforced by the commissioner of natural resources apply to groundwater thermal exchange permit recipients. A person who violates a provision of this section is subject to enforcement or penalties for the noncomplying activity that are available to the commissioner and the Pollution Control Agency.
Subd. 3.
Construction requirements.
(a) Withdrawal and reinjection for the groundwater thermal exchange device must be accomplished by a closed system in which the waters drawn for thermal exchange do not have contact or commingle with water from other sources or with polluting material or substances. The closed system must be constructed to allow an opening for inspection by the commissioner.
(b) Wells that are part of a groundwater thermal exchange system may not serve another function, except water may be supplied to the domestic water system if:
(1) the supply is taken from the thermal exchange system ahead of the heat exchange unit; and
(2) the domestic water system is protected by an airgap or backflow prevention device as described in rules relating to plumbing enforced by the commissioner of labor and industry.
(c) A groundwater thermal exchange system may be used for domestic water heating only if the water heating device is an integral part of the heat exchange unit that is used for space heating and cooling.
Subd. 4.
Rules.
The commissioner may adopt rules to administer this section.
History:
1989 c 326 art 3 s 38; 1991 c 355 s 43; 2007 c 140 art 12 s 2
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.641 — Bored Geothermal Heat Exchangers.

103I.641 BORED GEOTHERMAL HEAT EXCHANGERS.
Subdivision 1.
Requirements.
A person may not drill or construct an excavation used to install a bored geothermal heat exchanger unless the person is a limited well/boring contractor licensed for constructing, repairing, and sealing bored geothermal heat exchangers or a well contractor.
Subd. 2.
Regulations for bored geothermal heat exchangers.
Bored geothermal heat exchangers must be constructed, maintained, and sealed under the provisions of this chapter.
Subd. 3.
Permit required.
(a) A bored geothermal heat exchanger may not be installed without first obtaining a permit for the bored geothermal heat exchanger from the commissioner. A limited well/boring contractor licensed for constructing, repairing, and sealing bored geothermal heat exchangers or a well contractor must apply for the permit on forms provided by the commissioner and must pay the permit fee.
(b) As a condition of the permit, the owner of the property where the bored geothermal heat exchanger is to be installed must agree to allow inspection by the commissioner during regular working hours of Department of Health inspectors.
History:
1989 c 326 art 3 s 39; 1999 c 153 s 13,14; 2013 c 108 art 12 s 108
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.661 — Mined Underground Space Development.

103I.661 MINED UNDERGROUND SPACE DEVELOPMENT.
Subdivision 1.
Commissioner of natural resources review.
The commissioners of natural resources and health shall review all project plans that involve dewatering of underground formations for construction and operation of mined underground space to determine the effects of the proposal on the quality and quantity of underground waters in and adjacent to the areas where the mined underground space is to be developed.
Subd. 2.
Permit for water removal.
A mined underground space project involving or affecting the quality and quantity of groundwater may not be developed until a water-use permit for the appropriation of waters under chapter 103G has been issued by the commissioner of natural resources.
History:
1989 c 326 art 3 s 40
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.685 — Abandonment Of Underground Storage Project.

103I.685 ABANDONMENT OF UNDERGROUND STORAGE PROJECT.
An underground storage project for which an underground storage permit is granted may not be abandoned, or a natural or artificial opening extending from the underground storage area to the ground surface be filled, sealed, or otherwise closed to inspection, except after written approval by the commissioner of natural resources and in compliance with conditions that the commissioner may impose.
History:
1989 c 326 art 3 s 42; 1990 c 597 s 48
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.691 — Certificate Of Use.

103I.691 CERTIFICATE OF USE.
A person may not use a gas or liquid storage reservoir under an underground storage permit unless the right to use the property affected by the project has been acquired and a notice of the acquisition filed with the commissioner of natural resources. The commissioner of natural resources must issue a certificate approving use of the gas or liquid storage reservoir.
History:
1989 c 326 art 3 s 43; 1990 c 597 s 49
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.711 — Impounding Of Equipment.

103I.711 IMPOUNDING OF EQUIPMENT.
Subdivision 1.
Impoundment.
The commissioner may apply to district court for a warrant authorizing seizure and impoundment of all drilling machines or hoists owned or used by a person. The court shall issue an impoundment order upon the commissioner's showing that a person is constructing, repairing, or sealing wells or borings or installing pumps or pumping equipment or excavating holes for installing elevator borings without a license as required under this chapter. A sheriff on receipt of the warrant must seize and impound all drilling machines and hoists owned or used by the person. A person from whom equipment is seized under this subdivision may file an action in district court for the purpose of establishing that the equipment was wrongfully seized.
Subd. 2.
Release.
The equipment must remain in the custody of the sheriff until the equipment is released under the order of a court or until the commissioner orders the sheriff to release the equipment.
History:
1989 c 326 art 3 s 46; 1991 c 355 s 50; 1Sp2017 c 6 art 10 s 53
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 103I — Wells, Borings, And Underground Uses › Section 103I.715 — Criminal Penalties.

103I.715 CRIMINAL PENALTIES.
Subdivision 1.
Misdemeanors.
A person who violates a provision of this chapter is guilty of a misdemeanor.
Subd. 2.
Gross misdemeanors.
A person is guilty of a gross misdemeanor who:
(1) willfully violates a provision of this chapter or order of the commissioner;
(2) engages in the business of drilling or making wells, sealing wells, installing pumps or pumping equipment, or constructing elevator borings without a license required by this chapter; or
(3) engages in the business of exploratory boring without an exploratory borer's license under this chapter.
Subd. 3.
Prosecution and venue.
A violation of this chapter shall be prosecuted by the county attorney in the county where the violation occurred or is occurring. The trial shall be held in that county.
History:
1989 c 326 art 3 s 47; 1Sp2017 c 6 art 10 s 54
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.01 — Policy Statement.

110A.01 POLICY STATEMENT.
Conservation of the state's water resources is a state function, and the public interest, welfare, convenience, and necessity require the creation of water user districts and the construction of systems of works, in the manner provided, for the conservation, storage, distribution, and use of water. The construction of systems of works by districts, as provided, is hereby declared to be in all respects for the welfare and benefit of the people of Minnesota.
History:
1978 c 744 s 1
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.02 — Definitions.

110A.02 DEFINITIONS.
Subdivision 1.
Applicability.
For the purposes of sections 110A.01 to 110A.36 the following terms have the definitions given in this section.
Subd. 2.
Water user district or district.
"Water user district" or "district" means a district organized under sections 110A.01 to 110A.36, either as originally organized or as reorganized, altered, or extended.
Subd. 3.
Board.
"Board" means the board of directors of a district organized under sections 110A.01 to 110A.36.
Subd. 4.
Works; system.
"Works" and "system" include all lands, property, rights, rights-of-way, easements, and related franchises deemed necessary or convenient for their operation, all water rights acquired or exercised by the board in connection with works, all means of conserving, controlling, and distributing water, including, but not limited to outlets, treatment plants, pumps, lift stations, service connections, mains, valves, hydrants, wells, reservoirs, tanks and other appurtenances of public water systems. A work or system may be used for domestic, commercial, industrial and stock watering purposes only and shall not be used for irrigation purposes.
Subd. 5.
Project.
"Project" means any one of the works defined, or any combination of works which are physically connected or jointly managed and operated as a single unit.
Subd. 6.
City.
"City" means any home rule charter, statutory or other city, however organized.
Subd. 7.
Court.
"Court" means district court in the judicial district where the largest number of petitioners resides.
History:
1978 c 744 s 2
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.03 — Water User District; Organization.

110A.03 WATER USER DISTRICT; ORGANIZATION.
A water user district may be created and organized as provided in sections 110A.01 to 110A.36, and may sue and be sued in its corporate name. The procedure provided by sections 110A.01 to 110A.36 is alternative to that provided by other law. A district may not be organized in Anoka, Carver, Dakota, Hennepin, Ramsey, Scott or Washington Counties.
History:
1978 c 744 s 3
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.04 — Petition For Organization.

110A.04 PETITION FOR ORGANIZATION.
A water user district may be organized under the provisions of sections 110A.01 to 110A.36 after filing in the court a petition in compliance with the requirements set forth, and the approval of the petition by the court. The petition shall state that it is the intent and purpose of the petitioners to create a district under the provisions of sections 110A.01 to 110A.36, subject to approval by the court. The petition shall contain:
(1) the name of the proposed district;
(2) the object and purpose of the system proposed to be constructed or acquired, together with a general description of the nature, location, and method of operation of the proposed works;
(3) a description of the land constituting the proposed district and its boundaries, and the names of any cities or towns included partly or wholly within the boundaries;
(4) the location of the principal place of business of the proposed district;
(5) a statement that the proposed district shall not have the power to levy taxes or assessments; and
(6) the number of members of the board of directors of the proposed district, which shall be not less than five nor more than 13, a statement as to whether the directors shall be elected at large or shall be apportioned to election divisions, the names and addresses of the members who shall serve until their successors are elected and qualified as provided in sections 110A.01 to 110A.36, and if election divisions are provided for, the respective divisions which the directors are to represent. The persons named in the petition as directors shall be owners of land within the district. If election divisions are provided for, they shall be owners of land within the divisions they are to represent.
History:
1978 c 744 s 4
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.05 — Lands Included.

110A.05 LANDS INCLUDED.
The lands proposed to be included within the district need not consist of contiguous parcels. A district may to the extent authorized by resolution of the governing body of the city consist of land within the limits of a city and may consist of land within the limits of any town or county, located outside the metropolitan area, as defined by section 473.121, subdivision 2.
History:
1978 c 744 s 5
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.06 — Organizing District Within Territorial Boundaries Of Another District.

110A.06 ORGANIZING DISTRICT WITHIN TERRITORIAL BOUNDARIES OF ANOTHER DISTRICT.
A district may to the extent authorized by the existing district be organized within, or partly within, the territorial boundaries of another district organized under this or other law, so long as the works or systems, their operation, the exercise of powers and the assumptions of duties and responsibilities, of one district, do not nullify, conflict with, or materially affect those of another preexisting district. A new district may not be organized within the boundaries of a preexisting district if the preexisting district disapproves within 30 days after mailing of notice pursuant to section 110A.13.
History:
1978 c 744 s 6
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.07 — Directors; Election.

110A.07 DIRECTORS; ELECTION.
Directors may be elected either at large, or from election divisions. If the petition states that the directors shall be elected from election divisions, the petition shall describe the boundaries of the divisions, which may be drawn either with or without regard to the limits of any city or town included within the district boundaries. So far as practicable, each district shall include the same number of parties to contracts with the district for purchase of water.
History:
1978 c 744 s 7
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.08 — Grouping Of Directors Elected At Large; Term Of Office.

110A.08 GROUPING OF DIRECTORS ELECTED AT LARGE; TERM OF OFFICE.
Directors shall be elected within 60 days after the petition is approved by the court and filed with the secretary of state. The directors named in the petition shall hold office until the election. So far as possible, an equal number of those elected shall serve one, two and three years.
History:
1978 c 744 s 8
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.09 — Petition; Signatures.

110A.09 PETITION; SIGNATURES.
The petition must be signed by 50 percent of the landowners, except the holders of easements for electric or telephone transmission and distribution lines, within the area outside the limits of any city constituting the proposed district. If the proposed district includes any area within a city, the petition must be accompanied by a resolution of the governing body of the city requesting a specific area within the city be included within the proposed district. On each petition, set opposite the signature of each petitioner, shall be stated the petitioner's name and post office address and the location of land of which the petitioner is the owner.
History:
1978 c 744 s 9; 1986 c 444
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.10 — Instruments Constituting Petition.

110A.10 INSTRUMENTS CONSTITUTING PETITION.
The petition may contain any number of separate instruments, and to each sheet for petitioners' signatures shall be attached a full and correct copy of the petition. Every sheet of every petition containing signatures shall have below the signatures an affidavit by the circulator in substantially the following form:
State of Minnesota,
County of .
..............., being first duly sworn, deposes, that the affiant is the circulator of the foregoing petition containing ........ signatures; that each person whose name appears on the petition sheet personally signed the petition in the presence of affiant; that the affiant believes that each signer is an owner of the land described opposite the signer's signature, to be included within the proposed district, residing at the address written opposite the signer's name, and that affiant stated to every petitioner the legal effect and nature of the petition before each signed.
.
Circulator.
History:
1978 c 744 s 10; 1986 c 444
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.11 — Maps, Plans, And Estimates.

110A.11 MAPS, PLANS, AND ESTIMATES.
The petition shall be accompanied by the resolutions required by section 110A.05, maps showing the location of land within the proposed district and the proposed system of works, and by other maps, plans, and estimates as necessary to describe fully the proposed system.
History:
1978 c 744 s 11
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.12 — Petition; Compliance.

110A.12 PETITION; COMPLIANCE.
Upon receipt of the petition, the court shall determine whether it complies with the requirements of sections 110A.01 to 110A.36 and dismiss the petition if the requirements are not complied with. The petitioners may present a new petition covering the same matter, or the same petition with additional signatures if additional signatures are necessary.
History:
1978 c 744 s 12
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.13 — Publishing Petition.

110A.13 PUBLISHING PETITION.
Subdivision 1.
Publication requirements.
The petition and a map of the proposed district shall be published in each county in which lands within the proposed district lie, in a newspaper of general circulation published in the county, once each week for at least two successive weeks before the time the petition is filed with the court together with a list of names of the petitioners within the county and their addresses.
Subd. 2.
Notice; certain cities and districts.
Prior to being filed with the court, the petition and a map of the proposed district shall be sent by certified mail to each city with a population of 20,000 or less if the proposed district comes within one-half mile of the city's boundary, each city with a population of greater than 20,000 if the proposed district comes within one mile of the city's boundary and to each existing district organized under chapter 116A or Laws 1978, chapter 744, if the new district boundary comes within one mile of an existing system's boundary.
History:
1978 c 744 s 13
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.14 — Protest Against Organization.

110A.14 PROTEST AGAINST ORGANIZATION.
Any owner of land within the proposed district may file with the court a protest against the qualifications of any signer of the petition, and the court shall consider and determine the validity of protests.
History:
1978 c 744 s 14
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.15 — Investigating Proposed District And Works.

110A.15 INVESTIGATING PROPOSED DISTRICT AND WORKS.
If the court determines that the petitioners have complied with the requirements of sections 110A.01 to 110A.36, it shall make an immediate investigation of the proposed district and of its proposed works, systems, or plans and of the engineering and economic feasibility of the project. The court, in its discretion, may make an estimate of the cost of the investigation and require the petitioners to defray part or all of the estimated cost before proceeding with the investigation.
History:
1978 c 744 s 15
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.16 — Feasibility; Recording; Establishment.

110A.16 FEASIBILITY; RECORDING; ESTABLISHMENT.
The court, within 90 days from the receipt of the petition, or within 90 days from the time funds are available to defray the cost of the investigation, shall declare that the proposed project is or is not feasible, will conform to public health and conform to public convenience and welfare. If the project is not feasible, the court shall dismiss the petition. If the court deems the project feasible and conforming to public convenience and welfare, it shall immediately execute a certificate setting forth a copy of the petition declaring that the petition is approved, and file it in the Office of the Secretary of State and a copy of it, certified by the secretary of state, in the office of the county auditor of each county in which any of the lands in the district are located. Thereupon, the district, under its designated name, shall be a body politic and corporate under the provisions of sections 110A.01 to 110A.36 and a public corporation of the state.
History:
1978 c 744 s 16
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.17 — Directors; Qualification; Meeting.

110A.17 DIRECTORS; QUALIFICATION; MEETING.
Upon the filing of the certificate in the Office of the Secretary of State and a certified copy in the office of each county auditor, the members of the board of directors named in the petition shall immediately qualify and assume the duties of their office. Failure or refusal to qualify within a period of 15 days thereafter shall be deemed to create a vacancy which shall be filled as provided by sections 110A.01 to 110A.36. The first meeting of the board of directors shall be called by the director first named in the petition.
History:
1978 c 744 s 17
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.19 — Petition To Include Additional Territory.

110A.19 PETITION TO INCLUDE ADDITIONAL TERRITORY.
A water user district may be extended by including additional territory by filing with the court a petition signed by at least 50 percent of the landowners except the holders of easements for electric or telephone transmission and distribution lines, in any area outside the limits of a city to be included, a copy of a resolution of the governing body of a city requesting a specific area within the city be included within the expanded district, and a resolution of the board of directors of the district approving the expansion of the district, upon compliance with the requirements hereinafter set forth. The petition shall contain a description of the lands to be included.
History:
1978 c 744 s 19
2023 Minnesota Statutes › Chapters 103A - 114B — Water › Chapter 110A — Rural Water User Districts › Section 110A.20 — Maps; Plans; Estimates.

110A.20 MAPS; PLANS; ESTIMATES.
The petition shall be accompanied by maps showing the location of the lands to be included, the proposed system of works and other plans and estimates as necessary to fully describe the project.
History:
1978 c 744 s 20