03-07-2022 Council Work Session Packet

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WS — Item 2 WORK SESSION STAFF REPORT Work Session Item No. 2 Date: March 7, 2022 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: • PREPARE A PLAN TO CONVERT TO SURFACE WATER SOURCE • ENACT AND ENFORE A RESIDENTIAL IRRIGATION BAN WHEN WHITE BEAR LAKE DROPS BELOW 923.5 • PREPARE AN ENFORCEABLE PLAN TO LIMIT PER CAPITA WATER USE (75 GPD FOR RESIDENTIAL AND 90 GPD TOTAL) • REPORT ANNUALLY ON COLLABORATIVE EFFORTS WITH NE COMMUNITIES TO MEET THE PER CAPITA REQUIREMENTS Lino Lakes along with several other communities and private well permittees are appealing the amendments. The contested case hearings were placed on hold pending the outcome of the DNR's appeals process which has since been completed. The MN Supreme Court issued a ruling in July of 2020 affirming 6 of the 7 issues. The cases have since resumed and we a currently waiting for the court to set dates for the hearing. 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. As the City Council is aware the community continues to grow in accordance with our 2040 Comprehensive Plan and consistent with Metropolitan Council forecasts. Both residential and commercial/industrial development is taking place city-wide. Our comprehensive water plan identifies the need to begin development of Well No. 7 in the near future. DNR has developed a water model that they find sufficient for performing the required analysis under the court order for new well permits. However, in light of other requirements of the order, DNR does not believe it is likely any new permits from