The Minnesota Department of Agriculture (MDA) has not ensured that producers meet all program standards before receiving Minnesota Agricultural Water Quality Certification Program (MAWQCP) certification. Though MDA reports a number of program outcomes, MAWQCP’s effect on water quality is not clear.
Statutes establish numerous requirements MDA must follow while administering MAWQCP.
Statutory requirements to protect the privacy of certified producers may inhibit MDA’s ability to effectively administer the program. (p. 24)
Recommendations ► The Legislature should update MAWQCP’s authorizing statutes. MDA should clarify expectations for communication with regulatory agencies and require MAWQCP staff and certifiers to communicate with these agencies when necessary to administer the program. (pp. 26, 27)MDA’s certification process allows producers to receive MAWQCP certification with “contingencies.” These producers agree to implement or maintain certain practices to meet the program’s standards.
MDA certifies producers that have not met the program’s standards. Some producers certified with contingencies did not meet program standards years after certification, yet they still received the benefits of certification. (pp. 29, 31)
Recommendation ► MDA should discontinue the use of contingencies in MAWQCP certification agreements. (p. 34)While the program conducts more mid-certification reviews than statutes require, the comprehensiveness of these reviews varies. MDA allows producers to remain certified even if their mid-certification reviews reveal that they do not comply with program standards. (pp. 36, 39)
Recommendations ► MDA should focus its mid-certification reviews on producers at the highest risk of being out of compliance with program standards and ensure producers follow program requirements. The Legislature should revise the requirement to conduct random producer audits. (p. 40)MDA reports on several program measures, including the number of certified producers, number of conservation practices implemented by certified producers, and estimated pollutant reduction.
MAWQCP’s statutory purpose is unclear. Because MAWQCP’s purpose is not well defined, identifying appropriate outcome measures is challenging. (pp. 45, 46)
Recommendation ► The Legislature should clarify MAWQCP’s purpose and identify intended outcomes. (p. 47)MAWQCP’s effect on water quality is not clear. Pollution reduction estimates capture projected impacts of conservation practices, rather than the actual impact, and MDA’s data on reduction estimates have significant limitations. MDA does not collect data that would allow the agency to measure MAWQCP’s actual impact on water quality; however, measuring MAWQCP’s impact on Minnesota’s lakes, rivers, streams, and groundwater may not be feasible. (pp. 48, 51, 52)
Recommendations ► MDA should address limitations in the agency’s data on conservation practices and pollutant reduction estimates, and consider ways to incorporate water quality monitoring for a selection of certified producers. (p. 54)In a letter dated July 8, 2026, Commissioner Thom Petersen said that MDA agrees “with many of the recommendations outlined by the report” but has “several points of clarification that we feel are important to include.” Notably, he said MDA agrees with the recommendations that the Legislature update several aspects of MAWQCP’s authorizing statutes and that MDA (1) clarify expectations regarding communication with other regulatory agencies and (2) strengthen its policies for MAWQCP.
On the other hand, the commissioner said that MDA does not support discontinuing all contingencies, since they are “a critical part of each certification agreement.” However, he said MDA has and “will continue to make strides to limit the use of contingencies.” Regarding the recommendation to address limitations in the agency’s data on program outcomes and consider ways to incorporate water quality monitoring, the commissioner said the agency “reports outcomes using the same methodologies applied by other state agencies, which incorporate monitoring frameworks that account for the many variables influencing ground and surface water.” Overall, the commissioner said “We acknowledge there are ways to improve this program and are incredibly proud of MAWQCP and all it has done to further our state’s commitment to enhancing water quality and conservation.”