03-14-2022 Council Packet - Laserfiche WebLink

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STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED INTRODUCTION CITY COUNCIL AGENDA ITEM 1H Michael Grochala, Community Development Director March 14, 2022 Consider Resolution No. 22-34, Supporting Legislative Efforts to Ensure a Sustainable, Safe, and Reliable Water Supply 3/5 Vote Required Staff is requesting Council consideration to support legislative efforts to that address local concerns regarding the City's water supply appropriation. BACKGROUND On February 28, 2018, in response to a District Court order, the Minnesota Department of Natural Resources amended the City's water appropriation permit due to fluctuating lake levels on White Bear Lake. 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 completed and the DNR provided notice in May of 2021 that the appeals cases would be reinstituted. The City is currently waiting for scheduling of the hearings. The DNR has also continued to implement additional components of the Court Order. On February 7, 2022 the DNR filed a letter with the Court addressing the potential impacts of the Court's Order to establish a collective annual withdrawal limit. The DNR acknowledged that the withdrawal limit would require permit reductions far below the 75 gallon per day per capita residential water use and 90 gallons per day total per capita water use. DNR has estimated that a 40% reduction in current water use would be needed to meet the Court Order. These restrictions would have a significant impact on water access for non domestic use such as schools, hospitals, churches, new housing and commercial developments, and businesses and industries located within the City. The City of Lino Lakes and other affected communities and businesses believe that this is a regional issue that needs further evaluation, and local input to arrive at a solution. Accordingly, the affected communities have proposed legislation that: 1. Protects municipal water permits, including those that involve water from the Prairie du Chien -Jordan Aquifer, from legal challenges. 2. Directs the DNR to explore innovative options for meeting the water needs of our residents, hospitals, schools, industries, and future development and ensuring the