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WS – Item 5 WORK SESSION STAFF REPORT Work Session Item No. 5 Date: November 1, 2021 To: City Council From: Michael Grochala, Community Development Director Re: Water Appropriations Permit Amendments Court Order White Bear Lake Restoration Assoc. v. Mn/DNR Background On August 30, 2017, the Ramsey County District Court issued a judgement regarding the groundwater management of White Bear Lake and the Prairie Du Chien-Jordan Aquifer. As a result, the City’s Minnesota Department of Natural Resources (DNR) Water Appropriation Permit 1985-6168 was amended to include the following requirements: • PLAN TO CONVERT TO SURFACE WATER SOURCE: A revised Water Supply Plan must be submitted to the DNR, by August 29, 2018, that includes a contingency plan to fully or partially convert the source water that is authorized under this permit from groundwater to surface water source(s). The contingency plan must include a schedule for funding design, construction and conversion to a surface water supply. Whether any conversion would occur shall be determined by the DNR and the holder of this permit. • RESIDENTIAL IRRIGATION BAN: The permittee must prepare, enact and enforce a residential irrigation ban when notified by DNR that the lake level of White Bear Lake has fallen below 923.5 feet (MSL 1912), to continue until notified by the DNR that the lake level has reached an elevation of 924 feet (MSL 1912). By April 30, 2018, send the DNR your approved ordinance or other enforceable mechanism for implementing an irrigation ban consistent with this permit condition. • PER CAPITA WATER USE PLAN: By August 29, 2018 submit an enforceable plan to the DNR to phase down per capita residential water use to 75 gallons per day and total per capita water use to 90 gallons per day. • REPORT ON COLLABORATIVE EFFORTS: Annual reporting to the DNR is required on your collaborative efforts with northeast metro communities to develop plans to phase down per capita residential water use to 75 gallons per day and total per capita water use to 90 gallons per day. Annual reports are due on March 31st of each year, beginning in 2019. In addition, the City is directly affected by other aspects of the order, including: • A prohibition of the issuance of the new well permits within a 5 mile radius of the lake. • DNR is required to set a collective annual withdrawal limit for White Bear Lake and adjust permits accordingly. The City appealed the initial permit amendments. The contested case hearings were placed on hold pending the outcome of the DNR’s appeals process which has since been