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Dayton proposes measure to reduce elevated nitrates in drinking water

ST. PAUL--Following 17 public meetings that engaged over 1,500 farmers, landowners and other Minnesotans in conversations across the state, Gov. Mark Dayton and Minnesota Agriculture Commissioner Dave Frederickson proposed a new groundwater prote...

ST. PAUL-Following 17 public meetings that engaged over 1,500 farmers, landowners and other Minnesotans in conversations across the state, Gov. Mark Dayton and Minnesota Agriculture Commissioner Dave Frederickson proposed a new groundwater protection measure.

The proposal, which is based on the input of the farmers and landowners who the rule would apply to, would help reduce elevated nitrate levels in groundwater and ensure more Minnesota residents have clean, safe, reliable drinking water supplies, a news release stated.

Nitrate is one of the most common contaminants in Minnesota's groundwater; elevated nitrate levels in drinking water can pose serious health concerns for humans.

"I am grateful to the many farmers, landowners, and others who worked with the Department of Agriculture to develop this proposal, which would greatly improve the quality of drinking water for Minnesotans," stated Dayton in the release. "Clean, safe, reliable water in our communities is everyone's concern, and everyone's responsibility. I urge all Minnesotans who wish to further improve or refine this proposal to engage in the public comment period beginning this spring, and attend the additional public hearings that will be scheduled this summer."

Nitrate is a compound that naturally occurs and has many human-made sources. Nitrate is found in lakes, rivers, and groundwater across Minnesota. Consuming too much nitrate can affect how blood carries oxygen and can cause methemoglobinemia (also known as blue baby syndrome).

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"This proposal responds to what we heard. It balances the needs of farmers and modern agricultural production, with the need of all Minnesotans to have safe drinking water," said Frederickson. "I look forward to working with Minnesotans across our state in the coming months to further refine and improve this proposal, to ensure it works to provide clean, reliable water for all of our communities."

The groundwater protection proposal introduced Dayton and Frederickson would apply to vulnerable areas and areas with high nitrate levels in public drinking waters. It also would create a system of voluntary and mandatory mitigation practices in areas with high nitrate concentrations in the public water supplies.

The proposed groundwater protection measure would restrict the application of fertilizer in areas with more porous soils, which have the capacity to leach greater volumes of water during the fall season. These new procedures for fertilizer application would reduce the movement of nitrates through the soil into groundwater supplies. It also would restrict the application of fertilizer during the fall in drinking water supply management areas where the nitrate concentration exceeds 5.4 mg/L.

In areas where the public water supply has nitrate concentrations in excess of 5.4 mg/L, drinking water supply management areas would be encouraged to voluntarily implement best management practices to reduce nitrate levels.

If after three years, nitrate concentrations continue to increase, then the drinking water supply management area would be given a Level Three designation. The agriculture commissioner-in consultation with a local advisory team-would then direct landowners to implement best management practices, testing, and educational programs.

If after three years under Level Three nitrate concentrations continue to increase or remain high, the commissioner could direct landowners to implement additional practices beyond best management practices to address high nitrate levels.

The Minnesota Department of Agriculture expects the rule to be published for formal comment in mid-to-late May with hearings this summer and final adoption in late 2018.

The Minnesota Department of Agriculture informally published a draft of the Groundwater Protection Rule in the summer of 2017, and provided an opportunity for public comment to help shape the proposed rule. The department received more than 820 written comments regarding the rule, and over 1,500 people attended public meetings in Chatfield, Fairmont, Farmington, Hawley, Marshall, McIntosh, Roseau, St. Cloud, St. Paul, Wadena, and Warren. Additional public comments were received in Bemidji, Crookston, Mankato, Marshall, Rochester, and St. Cloud as part of the governor's water town hall meetings. As rulemaking proceeds, the Department of Agriculture will continue engaging farmers, landowners, and other key stakeholders in the process to continue to gather input.

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