Bill to delay corrections to Minnesota's public waters inventory divides farmers, environmental groups; committee lays bill over

Representative Schultz introduced House File 253 and moved to lay the bill over for possible inclusion after the committee adopted an A1 amendment that would change how the drainage law defines “public waters.”

The amendment and bill would make the PWI list the controlling definition of public waters for drainage law and would prohibit the Department of Natural Resources (DNR) from modifying the PWI until July 1, 2027. The proposal generated contrasting testimony: farm and county representatives sought regulatory certainty and a temporary moratorium on changes after the Limbo Creek litigation, while conservation groups, fisheries advocates and environmental law organizations warned the proposal would prevent correction of known mapping errors and reduce protections for small headwater streams.

Why it matters: Public waters designation determines whether work such as ditching and drainage projects require permits and buffer protections. Several testifiers said uncertainty over the PWI has left landowners and counties uncertain about obligations; others warned that locking in the inventory would leave statutory protections unenforced for waters that meet the statutory definition but are omitted from the map or list.

Key testimony and agency briefing: Joe Smentek, executive director of the Minnesota Soybean Growers Association, speaking also for the Minnesota Corn Growers Association and Farm Bureau, said farmers need “regulatory certainty” after the Limbo Creek decision and that the PWI maps are how his members determine compliance. John Ladenscheski of Minnesota Trout Unlimited said many small headwaters and trout stream stretches had been omitted historically and urged a no vote on the bill because delay would preserve errors and encourage further litigation.

Randall Dohneen, manager in DNR's Ecological and Water Resources division, briefed the committee on DNR's planned statewide update to the PWI. He said the 2024 legislature appropriated $1,000,000 a year for eight years for the inventory update; DNR has hired five hydrologists (one lead and four regional specialists), developed a public website and subscription list with more than 4,000 subscribers, ran a public webinar attended by more than 300 people, and plans county-by-county preliminary correction maps followed by public meetings and comment periods. Dohneen told the committee the DNR expects to have technology and trained staff by May 2025. He also said that if HF253 were enacted as written, DNR would be prohibited from issuing final orders to change the inventory until after July 1, 2027, which would delay corrective action.

Environmental groups including the Minnesota Center for Environmental Advocacy (MCEA), Minnesota Environmental Partnership, and Minnesota Trout Unlimited opposed the bill. MCEA’s Aaron Clems said pausing the PWI corrections “will only make it harder for individuals to know whether a water body…meets the definition of a public water,” and noted DNR previously removed miles of waterways in past revisions and has acknowledged some deletions were errors.

Committee action: Representative Schultz moved adoption of the A1 amendment; the committee adopted it by voice vote. Representative Schultz then laid House File 253 over for possible inclusion; the committee clerk recorded the layover. The transcript contains multiple questions from committee members about how the amendment would interact with DNR's planned update, whether routine updates (for meanders, newly drained areas or other changes) could still be made during the moratorium, and how the A1 amendment would affect drainage-law permitting.

What was unresolved: DNR staff said the agency had begun hiring and outreach and would continue preparatory work but that final correction orders could not be issued under the moratorium. Committee members expressed divergent views — some, including Representative Finke and Representative Hansen, argued the legislature had already acted to clarify the definition in 2024 and that DNR should proceed with the update; others said the bill was meant to provide time for broader stakeholder engagement.

Ending: The committee adopted the A1 amendment and laid House File 253 over for possible inclusion; proponents and opponents signaled they will continue to negotiate statutory language and administrative processes as the session proceeds.