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CI Y COUNCIL <br /> AGENDA ITEM 1G <br /> STAFF ORIGINATOR: Michael Grochala,Community Development Director <br /> MEETING DA 1'E: June 28,2021 <br /> TOPIC: Consider Resolution Consider Resolution No. 21-66.Approving <br /> Common Interest Agreement. Water Appropriation Permit <br /> Amendment Appeal <br /> VOTE REQUIRED: 3/5 Vote Required <br /> INTRODUCTION <br /> Staff is requesting Council consideration to approve a Common Interest Agreement regarding <br /> the DNR Water Appropriation Permit Amendment appeals. <br /> BACKGROUND <br /> August 30,2017.the Ramsey County District Court issued a judgement regarding the <br /> groundwater management of White Bear'Lake and the Prairie Du Chien-Jordan Aquifer. As a <br /> result the City's Minnesota Department of Natural Resources (DNR)Water Appropriation <br /> Permit 1985-6168 was amended to include the following requirements: <br /> • PLAN TO CONVERT TO SURFACE WATER SOURCE:A revised Water Supply Plan must be <br /> submitted to the DNR.by August 29,2018,that includes a contingencyplan to fully or partially convert <br /> the source water that is authorized under this permit from groundwater to surface water source(s).The <br /> contingency plan must include a schedule for funding design,construction and conversion to a surface <br /> water supply.Whether any conversion would occur shall be determined by the DNR and the holder of <br /> this permit. <br /> • RESIDENTIAL IRRIGATION BAN:The permittee must prepare,enact and enforce a residential <br /> irrigation ban when notified by DNR that the lake level of White Bear Lake has fallen below 923.5 feet <br /> (MSL 1912),to continue until notified by the DNR that the lake level has reached an elevation of 924 feet <br /> (MSL 1912).By April 30,2018,send the DNR your approved ordinance or other enforceable mechanism <br /> for implementing an irrigation ban consistent with this permit condition. <br /> • PER CAPITA WATER USE PLAN:$y August 29,2018 submit an enforceable plan to the DNR to <br /> phase down per capita residential water use to 75 gallons per day and total per capita water use to 90 <br /> gallons per day. <br /> • REPORT ON COLLABORATIVE EFFORTS:Annual reporting to the DNR is required on your <br /> collaborative efforts with northeast metro communities to develop plans to phase down per capita <br /> residential water use to 75 gallons per day and total per capita water use to 90 gallons per day.Annual <br /> reports are due on March 31st of each year.beginning in 2019. <br /> Lino Lakes, along with several other municipalities, objected to the conditions and requested a <br /> hearing pursuant to state law. The administrative hearing process was stayed pending <br /> completion of the DNR's appeal of the District Court's Order. The appeals process was <br />