06-05-2023 Council Work Session Packet

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WORK SESSION STAFF REPORT Work Session Item No. 4 Date: June 5, 2023 To: City Council From: Michael Grochala, Community Development Director Re: Water Appropriation Permit Appeal Update 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 ENFORCE 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 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. 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 hearing dates have been set for October. The Administrative Law Judge assigned to the case has encouraged mediation between the parties. The City, along with the other communities, have been in discussions with the MnDNR and White Bear Lake associations regarding possible settlement. These discussions are ongoing.