MCGA submits comments on DNR penalty plan that impacts irrigators

Recently, the Minnesota DNR solicited public comments on its Draft Plan for the Use of Administrative Penalty Authority. The plan outlines actions DNR may take if water users who use 10,000 gallons or more of surface or groundwater per day, or 1 million gallons per year, do not obtain the proper permit.

On behalf of its more than 7,000 members, the Minnesota Corn Growers Association (MCGA) issued comments on the draft plan on Dec. 12. This issue is important to corn farmers, particularly corn farmers who depend on irrigation to help grow bountiful crops and remain in operation.

MCGA did not oppose the new penalty system when it moved through the legislature. In order to protect the water supply for future generations, every user should comply with permitting regulations.

However, MCGA did object to a contradictory statement made in the draft plan. On page four, DNR writes that “lack of compliance with water appropriation permit requirements is relatively common.”

MCGA believes that statement is misleading and that most farmers are in compliance. The statement also contradicts the DNR’s own words on the very next page of the plan, where it is written that the majority of water users do comply with the law.

MCGA also objected to a proposal in the draft plan to use a calculation worksheet to determine penalties. Originally, it was understood that penalties were to be assessed based on whether a user possessed a permit. Instead, the DNR proposes using a complicated worksheet with confusing criteria to determine “potential for harm.”

Many users may not even be aware of several factors in the worksheet and will be caught off guard. We want to make sure the penalty system is as fair and as understandable as possible.

Instead of using a convoluted worksheet system to penalize users based on “potential” harm, let’s base penalties on actual harm done. That way, any potentially harmful situations can be addressed in the permitting process, before they reach the actual harm stage.

If increased compliance is DNR’s goal, MCGA hopes the agency will reach out to the groups impacted by these penalties for input on how the system could work effectively. This is a great opportunity for the agency, permit holders and interested parties to come together and achieve actual solutions instead of increasing confusion. We hope our comments can help in this process.

Minnesota’s corn farmers look forward to working with the DNR on this issue and hope that the Draft Plan for the Use of Administrative Penalty Authority is revised to reflect the overall goal of protecting our water supply.