03-07-2022 Council Work Session Packet

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the Prairie du Chien aquifer will be issued. Staff has inquired about the possibility to cap existing well no. 2 to allow for construction of well no. 7. Proposed well no. 7 has the potential for better water and higher production than well no. 2 resulting in a net benefit for the city. We are also discussing with DNR the potential to use a different aquifer for production. Of potentially greater concern is the DNR's proposed collective annual withdrawal limit for White Bear Lake, set at an elevation of 922 that would have significant impact on community use. The proposed limit would result in the need to reduce current use by approximately 40%. That would be extremely difficult to achieve for domestic (household) use alone. This would allow for no population growth and in accordance with the water allocation priorities established in Mn. Statutes § 103G.261, would leave no water for other uses. These would include commercial and industrial uses. Recognizing the significant impact of such a decision the DNR has requested a hearing with the District Court to secure guidance regarding implementation of this order. Additionally, Lino Lake, along with several other NE metro communities have worked with our state legislators on a bill (SF 3055) that would: • Allow cities within 5 miles of WBL to continue to operate under their approved water supply plans. • Would not allow another lawsuit under the same statutes to be initiated. • Requires development of a work group to explore options for supply drinking water to these communities, allowing growth, while ensuring the sustainability of White Bear Lake. A hearing was held before the Senate Environment and Natural Resources Policy and Legacy Finance Committee on Monday, February 28, 2022. The committee approved sending the bill to the Senate floor for consideration. If approved in the Senate it will be forwarded to the House for consideration. At this time, the City is not subject to this requirement pending completion of the contested case hearings. However, the DNR has requested the City voluntarily implement the ban. Given that we are reaching late fall and irrigation systems are being winterized, we do not believe any action is necessary at this time. We will continue to monitor the issue and determine if any action will be necessary as spring approaches. Staff is also expecting to schedule a presentation by Mn/DNR representatives at an upcoming work session. Requested Council Direction None required at this time. Staff may bring forward a resolution of support for the legislation currently being considered. Attachments 1. Mn. Statutes § 103G.261