ERMUSR HANDOUT#1 05-10-10-2011Bill Removing City Well Authority Does Not Advance
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Bill Removing City Well
Authority Does Not Advance
Senate author requests that the environment committee set the bill aside rather than attempt to
move it forward.
(Published May 4, 2011)
Proposed legislation would allow property owners to sink their own wells within city limits to
circumvent paying for public water. The bill would limit city authority to covering only public wells.
The blll, SF 64 (Link m: https'://www.revisor.nm.gnv/revis'or/pages Lsea~eh_.vlancvLclarus_demil.php?b=Sena[e&f=5F0064&~~.vn=0&y=?O~U ~50n.
Mike Jungbauer rc,nk~o: Inrp:Uvs~~~.,~~„are.reg.,~«ne.~~,~~.,~.cenen~ner.~i,,,~,nber_n,o.php~reg_~a=io~9h~ , R-East Bethel), had a
turbulent week. It was initially scheduled for a hearing on April 26 in the Senate Environment and
Natural Resources Committee (Link m: hitp://wwwsenatelegsm[e.rnn.us/rnrnmi!lees/comminee_bin.php?cnve_id=[0068/s=), but
was removed from the agenda. The author then had the bill removed from that committee through a
motion on the Senate floor on April 28. It was reassigned to the Senate Local Government and
Eleet10I15 Commtttee (Link m: hlrp://wwwsenateleg..elale~nn.ue'/mmmineee'/comnti(~ee_bio.php?cm[e_id=307&Is J, Wh1Ch
immediately scheduled a hearing for Apri129 to hear the bill. Sen. Jungbauer had informed the League
of his plan to move the bill to that committee, but having it appear to be heard less than 24 hours later
was not expected.
Fortunately, a number of city officials and others representing city water utilities were able to make the
quick change to their schedules to be able to attend. The League, the Minnesota Rural Water
Association, the Minnesota Municipal Utility Association, and the cities of Rochester, Minneapolis, and
Bartell were all present and signed up to testify.
At the end of the League's testimony, however, Sen. Jungbauer announced his reluctance to bring the
bill to a vote without significant further discussion, given what he saw as reasonable concerns raised by
opponents of the bill. Some additional testimony was taken from the Rochester Utilities and Rural Water
representatives, and the bill was set aside without a vote.
The bill, as it was amended in that committee, is reduced to a single sentence that removes city authority
to regulate the construction or use of private wells It is intended to allow well drillers to operate in cities
with no need for any local approval, permit, or restriction. Since the amendment is not yet reflected on
the legislative web site, the bill now is worded as follows: "A home rule charter city or statutory city
cannot regulate the construction or use of private wells."
While the bill itself will no longer be moving ahead this session, the potential for the language to be
attached to other bills as an amendment still exists. The League will watch for those attempts and will
oppose legislation that has any such language added to it. The House companion bil I is HF 135 u.n,k ~~~
hnps://www.revisor.inn.gov/revisor/pngrsLce<n'ch_wrnushTan~s,defni(.plip?6=Hmae&(=HF[35&ssn=0&~~=20//l, authored by RCp. TOm
Hackbarth (Link to /vtp://www]meae.[egs(n(e.mn. ushnem6ers/me~ubers. orp?leg_id=/0129) ~R-Cedar.
City need for authority
Well drillers have increasingly been seeking business within city limits as development of housing
http://www.lme.org/page/ 1 /wells. j sp 5/4/2011
Bill Removing City Well Authority Does Not Advance
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outside of city service areas has dwindled over recent years. They have taken advantage of state
requirements for water conservation rates and summer water use restrictions to convince large water
users to get free water by sinking their own wells.
Where this has occurred, it has led to a serious strain on the financial viability of public water systems.
Obviously, if one large water user suddenly stops paying, the capital debt and system operations and
maintenance expenses must be paid by the remaining customers. It has also resulted in large increases in
water use through those new private wells, which affects future water availability for the public water
supply. Other cities have experienced serious public water supply contamination issues when private
wells are not properly maintained.
Because of the negative impact on utility revenues and the added risk to local water quality and quantity,
the League is strongly opposing this legislation. The League supports existing law, which recognizes
that it should be a local determination whether private wells are appropriate in any given jurisdiction.
Last fall, after ongoing discussions with the League and other concerned parties, the Minnesota
Department of Health notified the League that it would no longer tell cities they do not have the legal
authority to ban the construction of wells within their jurisdictional authority. This is what prompted
well drillers to have this legislation introduced.
Read the CUrI'ent ISSUe Of the CltleS BUlletln (Link [o.' http:/hvww.Lnc.nrg/ppge/l%iries-bed[elirrne~rslenerjsp)
Your LMC Resource
Contact Craig Johnson
IGR Representative
(651) 281-1259 or (800) 925-1122
CJohn$on~k IInC.Org (/ink m: mai(m:cjnhn,vw~~ulmc.ur~
Copyright 09201 I league of Minnesota Cities, 145 University Ave. W, Saint Paul. MN 55103-20441 Phone: (651) 281-12001 Toll-Free: f800) 925-I 122
http://www.lme.org/page/1/wells.jsp 5/4/201 I