06-28-2021 Council Packet - Laserfiche WebLink

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CITY COUNCIL AGENDA ITEM 1G STAFF ORIGINATOR: Michael Grochala, Community Development Director MEETING DATE: June 28, 2021 TOPIC: Consider Resolution Consider Resolution No. 21-66, Approving Common Interest Agreement, Water Appropriation Permit Amendment Appeal VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting Council consideration to approve a Common Interest Agreement regarding the DNR Water Appropriation Permit Amendment appeals. BACKGROUND 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 contingencyplan 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. Lino Lakes, along with several other municipalities, objected to the conditions and requested a hearing pursuant to state law. The administrative hearing process was stayed pending completion of the DNR’s appeal of the District Court’s Order. The appeals process was