DNR readies stiff fines for illegally-pumped water

Published 10:28 am Thursday, May 28, 2015

An irrigator waters potato plants near Park Rapids on Aug. 1, 2014. A farmer needs a permit to pump more than 10,000 gallons a day or 1 million gallons a year. - Dan Gunderson/MPR News

An irrigator waters potato plants near Park Rapids on Aug. 1, 2014. A farmer needs a permit to pump more than 10,000 gallons a day or 1 million gallons a year. – Dan Gunderson/MPR News

By Mark Steil

MPR.org/90.1 FM

Hoping to protect Minnesota’s groundwater supplies amid an irrigation boom, state officials this season will have new power to levy heavy fines on farmers pumping water illegally.

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Last year, the Legislature authorized the Minnesota Department of Natural Resources to fine violators as much as $20,000 without having to go to court. The agency begins enforcement in June.

The effort is part of the state’s goal to ramp up management of Minnesota’s ground water, and irrigation is a primary focus. A farmer needs a permit to pump more than 10,000 gallons a day or 1 million gallons a year. Many irrigators trigger the requirement within an hour of operation.

So many farmers are irrigating now that the DNR fears that in some parts of the state irrigation demand is more than what aquifers can supply.

Farmers with permits are required to report how much they pump each year. The DNR can restrict irrigation if there’s too much water being taken. But unpermitted irrigators could upset the balance since their take is unknown.

Before last year’s law change, the DNR had to take a violation to court as a criminal matter. With this new law, the agency can issue civil penalties on its own.

State officials say the stiff fines will motivate illegal irrigators to end the practice. It’s not clear how many will be fined under the new system.

“These people were using a public resource to make money, and the advantage to them was so great that they just paid the fine,” said Julie Ekman, the DNR’s water resources and conservation manager. The cost, she added, “wasn’t enough to induce them to come into compliance.”

The DNR believes that once word gets around, most farmers will voluntarily register their unpermitted wells. There’s no doubt that for many farmers, irrigation is crucial.

With an irrigation rig, a farmer can make it rain whenever crops need it. Hundreds of Minnesota farmers are finding the resulting boost in harvests and revenue more than justifies the cost.