As we reflect on the April 2026 congressional vote to roll back federal protections around mining near the Boundary Waters, we are reminded that clean water is our shared priority as Minnesotans and environmental leaders. The BWCA is an invaluable place, home to some of the highest quality freshwater ecosystems in the world. Keeping it safe from pollution should be something we can all agree on, regardless of politics.

It is important to note that any proposed mine in this area is still subject to a rigorous and lengthy state permitting process. Freshwater will continue to closely monitor state regulatory processes that evaluate water risk and support science-based policies that protect our waters.

To learn more about this issue, we recommend these resources:

• Article by the Minnesota Reformer
• MPCA permitting processes

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Progress on water infrastructure funding 
A bonding bill is urgently needed this year to help address a backlog of critical infrastructure projects across the state. Lead service line replacement is just one example. Minnesota made a public commitment to replace all lead service lines in the state by 2033. However, we only have around 1/3 of the funding needed for these replacements, and that will run out by 2027. HF3748/SF4122 would appropriate $250 million to the Public Facilities Authority for lead service line replacement. The bill was heard in the House Capital Investment Committee on April 14 and the Senate Capital Investment Committee on April 23.

Freshwater also supports community-led regionalization of water systems, which can help strengthen drinking water and wastewater systems for small and rural communities by pooling shared resources. HF4301/SF4457 includes $1 million in grants to assist counties, municipalities and townships in planning efforts related to drinking water regionalization. The Senate bill passed the Health and Human Services Committee, then was heard in the Capital Investment Committee on April 16 and laid over for possible inclusion in a bonding bill.

In the coming weeks, Freshwater will be coordinating with municipalities, water industry leaders and business partners to meet with legislators and emphasize the importance of passing a robust bonding bill for water infrastructure this session. 

Uncertain path for water policy bills 
The Minnesota House has not yet introduced an environment omnibus bill, and the Senate environment omnibus does not include significant water policy provisions. This leaves an uncertain path for many of the water policy bills we have been following.

Here are three water-related bills that have seen significant movement this session:

• HF3793 (DE Amendment)  on water use permits was heard in the House Environment and Natural Resources Finance and Policy committee on April 14 and laid over. The bill would strengthen DNR permitting oversight of large water users while also expanding allowable use of the Mt. Simon-Hinckley aquifer under certain conditions (see bill summary). 

• HF4077/SF4379: This bill would prohibit municipalities from entering into nondisclosure agreements that restrict them from disclosing information about projects to the public. The bill was passed by Senate Judiciary and Public Safety Committee on April 7 and reached a tie vote in the House Judiciary Finance and Civil Law Committee on April 9. The legislation aims to increase transparency around data centers and other large development projects. 

• HF3426/SF3857: Project funding appropriations from the Environment and Natural Resources Trust Fund. This bill includes recommendations from the Legislative-Citizen Commission on Minnesota Resources (LCCMR) for over $103 million in outdoor-related projects. The bill passed the House Environmental and Natural Resources Policy and Finance Committee on April 16, and it passed the Ways and Means Committee on April 22. The bill passed the Senate Environment, Climate, and Legacy Committee back on March 12, and a final version will need to be reconciled between the House and Senate.

The end of the legislative session can be unpredictable, so we will continue to monitor progress and engage on water policy and funding bills as they develop through the end of session on Monday, May 18. Visit the Freshwater Policy page to learn more.

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The brewery was filled with a wide range of people who care deeply about Minnesota’s waters, from watershed professionals, nonprofit partners, and industry leaders to Minnesota Water Stewards, elected officials, and Freshwater members. Conversations flowed easily as guests connected across sectors, shared ideas, and reflected on the role water plays in public health, ecosystems, culture, and community life.

World Water Day offered a meaningful moment to pause and appreciate the people who make this work possible. For nearly 60 years, Freshwater has advanced science‑based, community‑centered solutions to water challenges, and evenings like this underscore how essential relationships, trust, and collaboration are to that mission.

We are especially grateful to Back Channel Brewing for hosting us and for their generous support through the Community Tuesdays program, donating 5% of net beer sales to support Freshwater’s work. Thank you as well to the many partners who joined us in conversation and helped make the evening welcoming and energizing. Events like this strengthen the connections that help us advance a future of clean, accessible water for all communities.

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The report, Securing Illinois’ Groundwater Future, describes the state’s current groundwater management framework and includes a number of recommendations – from setting management goals for groundwater supply to improving water use reporting. It also assesses the high-capacity well review process, calling for improved coordination and administrative funding to perform this important work. 

Proposed improvements for Illinois
State Senator Laura Ellman (D-Naperville) recently convened a subject matter hearing on groundwater and introduced a bill (SB3162) that would direct the Illinois Department of Agriculture to consider water quantity in its procedures for restricting groundwater withdrawal. 

The bill would also require the Interagency Coordinating Committee on Groundwater to submit a report to the Governor and General Assembly by January 1, 2028, on the unsustainable depletion of aquifers in the state with a legislative proposal to remedy the problem. The directive asks for a proposal to establish a single statewide permitting program for groundwater withdrawal that would, “simplify the current patchwork of State groundwater regulations administered by multiple agencies.” 

Currently, under the Water Use Act of 1983, groundwater permitting decisions are made by the Illinois Environmental Protection Agency and the Illinois Department of Public Health from a well construction and water quality perspective – without consideration of quantity. 

A lack of coordinated protections for groundwater supply has led to a 1,000-foot water level drop in portions of the St. Peter Sandstone aquifer in northeastern Illinois.

Groundwater governance in the Great Lakes region
In addition to Illinois, Freshwater studied groundwater governance in each of the other EPA Region 5 states: Michigan, Indiana, Ohio, Minnesota and Wisconsin. Funded by The Joyce Foundation, this work is detailed on the Freshwater website and divided into Phase 1 and Phase 2 reports. By analyzing each state’s groundwater challenges and governance systems, the project team sought to share best practices and identify solutions that could be implemented to sustain future groundwater supplies. 

“We really benefited from working with CMAP, and we learned a lot from our comparisons of the Chicago metropolitan area with the Twin Cities,” said Freshwater Research and Policy Director Carrie Jennings. 

“We are pleased to see these conversations around sustainable groundwater use taking place in Illinois. This is a good example of research influencing public policy as the state considers critical improvements to its groundwater permitting and management.”

Policy change through research and collaboration
This work is rooted in a simple but powerful theory of change: rigorous research, paired with cross-sector collaboration, leads to informed policymaking that strengthens water governance across the region. The proposed legislative solutions in Illinois demonstrate this progression in action.

• Research: Through Securing Illinois’ Groundwater Future and Freshwater’s broader EPA Region 5 groundwater governance studies, our teams documented gaps in state-level groundwater oversight, assessed policy barriers, and highlighted governance models that better protect shared aquifers. This technical analysis created a clear evidence base to inform decision-making.
• Collaboration: By partnering with CMAP and engaging leaders, utilities, planners, and community members across Illinois and other Great Lakes states, Freshwater helped elevate groundwater supply issues into policy conversations. These collaborations ensured the research resonated with the practical needs and realities of water managers.
• Policy impact: Senator Laura Ellman’s subject matter hearing and subsequent bill (SB3162) reflect increasing legislative attention to the very issues Freshwater and CMAP identified: the need for statewide groundwater management goals, coordinated permitting, and stronger interagency oversight. As Illinois considers reforms to modernize groundwater permitting and planning, Freshwater’s research continues to shape and inform this important policy work.

Together, these steps exemplify Freshwater’s belief that good science and inclusive collaboration are catalysts for meaningful, lasting policy change, helping ensure that groundwater, an often-invisible resource, is sustainably managed for generations to come.

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Here are the priorities we plan to work on during the 2026 session:

Smart design and development of new high-volume water users

Whether it’s data centers, sustainable aviation fuel facilities or green hydrogen, we encourage more regional planning, cross sector collaboration, transparency, community input, evaluation of impacts, and sustainable water use around new developments with high-volume water users.

1a. Promote efficient design with emphasis on water circularity. Incentivize closed loop geothermal systems and water reuse systems.

1b. Increase transparency during the planning process. Restrict non-disclosure agreements from pertaining to water use, and limit the scope and timescale of these agreements.

Water infrastructure funding

The 2025 Legislature passed a small bonding bill, but there is a backlog of critical infrastructure projects across the state not being funded. Infrastructure is critical to thriving economies and healthy communities. The 2026 Legislature can address these needs, including aging drinking water, stormwater, and wastewater infrastructure urgently needed across Minnesota.

Freshwater supports water infrastructure investments for the Public Facilities Authority (PFA). We also encourage equity-based project prioritization, so that low-income communities have increased access to the state revolving funds.

Freshwater also supports funding for the Minnesota Conservation Reserve Enhancement Program (CREP). This successful program leverages federal dollars to compensate landowners for granting conservation easements and establishing native vegetation habitat – and it can be used to complement other important water quality and climate related efforts such as soil health and water storage.

3a. Lead service line funding. Consider additional appropriations to fund lead service line replacement programs through the PFA.

3b. Low-Income Household Water Assistance Program (LIHWAP). We support the creation of a statewide assistance program for water and wastewater bills.

Safe drinking water for private well owners

High levels of nitrate in drinking water indicate significant agricultural contaminant issues in Minnesota, especially in the southeastern part of the state where the karst topography makes groundwater particularly vulnerable. Geogenic contaminants like arsenic and manganese also present risks to private well owners.

Freshwater supports strong legislative action to increase well testing, protection for private wells and private well owners, and well water treatment and mitigation of contaminants.

Items to monitor in 2026

• Chloride/safe salting legislation
• Sustainable aviation fuel standards and tax incentives
• Clean Water Fund and LCCMR recommendations support
• White Bear Lake, Little Rock Creek work groups and solutions to water conflicts
• Neonicotinoid pesticide regulation
• Wild rice and sulfate standard
• Funding for SWCD’s and local governments

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A bold new effort to address one of Minnesota’s most persistent water challenges is now underway. Thanks to support from the Minnesota Environment and Natural Resources Trust Fund, as recommended by the Legislative-Citizen Commission on Minnesota Resources (LCCMR), Freshwater is partnering with Bay West and the University of Minnesota on a 3-year project to develop and test innovative, biofilm-based technologies to destroy PFAS – often called “forever chemicals” – in contaminated groundwater.

PFAS are chemicals widely used in products like firefighting foam, non-stick coatings and waterproof materials. Their strong chemical bonds make them extremely resistant to breakdown, and they’ve been detected in water supplies across Minnesota, posing risks to human and environmental health.

Most existing cleanup approaches focus on capturing and concentrating PFAS after groundwater is pumped to the surface, an approach that is costly, energy-intensive and difficult to scale. This project takes a different path. By harnessing the power of naturally occurring microbial biofilms, the team aims to demonstrate a more sustainable, in-place solution that can break down PFAS in the ground itself.

Over the coming years, we’ll be sharing updates and lessons learned as this work progresses. This project represents an important step toward long-term, science-based solutions to protect Minnesota’s water.

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Arsenic is an element found in rocks and soil across Minnesota. When dissolved into groundwater, arsenic can impact the safety of drinking water and can increase the risk of cancer and other health concerns such as cardiovascular and respiratory disease, reduced intelligence in children, and skin problems.

Arsenic occurrence in groundwater is difficult to predict before a well is drilled, and concentrations often vary by location. Tasteless and odorless, arsenic cannot be detected unless a water sample is tested by an accredited laboratory. The Environmental Protection Agency has designated 10 parts per billion (ppb) as the standard for arsenic in drinking water, meaning that arsenic levels must be below 10 ppb to be considered safe for drinking. Of the 2,179 new private wells drilled in this 8-county project area since 2008, 16 percent exceed the 10 ppb standard for arsenic, where water treatment is recommended to protect family health. Although there are over 13,500 registered wells in the pilot area, it’s estimated that over 22,500 private wells are actually in use.

While drinking water treated and distributed through municipal systems is frequently monitored for arsenic, drinking water through private wells is the responsibility of the homeowner. Wells constructed in Minnesota after 2008 are required to be tested for arsenic, and results are shared with the well owner and the Minnesota Department of Health (MDH). However, wells constructed in 2007 and earlier may not have been tested to determine arsenic levels. MDH recommends a one-time test of private wells to ensure drinking water safety. Arsenic hotspots exist throughout Minnesota, including the southern part of the state where this project will take place.

A key objective is to educate both private well users and the Mayo Clinic healthcare providers who frequently diagnose and treat preventable diseases linked to chronic arsenic exposure. This will advance drinking water education to protect family health and reduce preventable diseases while establishing a program for arsenic education and testing that can be replicable in other parts of the state.

“Clean drinking water is something everyone deserves,” said Dr. Dominika Jegen, family physician with Mayo Clinic and project partner. “This project helps Minnesota families find out if their well water is safe and gives them simple steps to protect their health. I’m proud to be part of this effort to make testing easier and raise awareness about the risks of arsenic in well water.”

The project team will develop and conduct education programs and multi-media outreach to well owners and family health providers about the geologic occurrence of arsenic and the associated health risks. Throughout the duration of the project, we will also offer online and in-person arsenic testing. Arsenic testing kits will be available online through Simple Lab beginning in September 2025 to those living within the project area. Freshwater, along with MNWOO and the Minnesota Ground Water Association (MGWA) will hold 12 in-person water testing clinics where well owners can receive free nitrate and chloride screening testing in addition to free certified lab tests for arsenic. The clinics starting in November 2025 will also offer free consultation to attendees with groundwater professionals on their well construction and quality of their well water.

Connect with Project Manager Chyann Mosey if you’re interested in hosting a testing clinic in your community. More information on how to request arsenic testing kits will be available in the fall of 2025.

Funding for this project was provided by the Minnesota Environment and Natural Resources Trust Fund as recommended by the Legislative-Citizen Commission on Minnesota Resources (LCCMR). The Trust Fund is a permanent fund constitutionally established by the citizens of Minnesota to assist in the protection, conservation, preservation, and enhancement of the state’s air, water, land, fish, wildlife, and other natural resources. Currently 40 percent of net Minnesota State Lottery proceeds are dedicated to growing the Trust Fund and ensuring future benefits for Minnesota’s environment and natural resources.

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1. Please see this fact sheet for high level guidance and scoping questions for those considering high volume water use projects.
2. We have started preparing a white paper on guidance for high volume water users for the Metropolitan Council with EOR, with a target publication date by the end of this year.
3. We started a new project for regional water planning in southeastern Minnesota funded by the University of Minnesota’s Institute on the Environment for with the southeastern Minnesota Rural Sustainable Development Partnership, City of Byron, City of Lewiston, City of Stewartville, and the University of Minnesota. The project, entitled Data Centers, Energy, and Water: Local Government Tools for Collective Planning and Community Decision-making in SE Minnesota should be complete in 2026.
4. Freshwater will discuss data center development at the Coalition of Greater Minnesota Cities summer conference on Thursday, July 24, in Bemidji. The event includes a panel discussion titled, “Could a data center be right for your community?”
   Greater Minnesota communities throughout the state have been approached by companies looking to build data centers. Colleen Eddy (DEED), Christopher Waltz (Otter Tail Power Company), Michelle Stockness (Freshwater) and Greg Lerud (City of Becker) will discuss the information you need to know if your community is approached now or in the future. Moderated by Elizabeth Wefel.
5. Freshwater will participate in a webinar on September 19 with The Joyce Foundation and the Ohio Environment Council. The presentation is titled, “Evaluating Data Center Development: Tools for Local Decision-making.”
6. Freshwater will present at the American Public Works Association Minnesota fall conference on Friday November 21 with City of Farmington, the Minnesota Department of Natural Resources, and the Minnesota Department of Health. The presentation is titled, “Understanding the Impacts of Large Water Users: Policy, Planning, and City Roles.”
7. Freshwater has contributed to a growing number of news articles on the subject of data centers and water use, including interviews with Minnesota Public Radio, Star Tribune, Inside Climate News and Great Lakes Now.

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