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<br />WS – Item 4 <br />WORK SESSION STAFF REPORT <br />Work Session Item No. 4 <br /> <br /> <br />Date: February 5, 2018 <br /> <br />To: City Council <br /> <br />From: Michael Grochala, Community Development Director <br /> <br />Re: Water Appropriations Permit Amendments <br /> Court Order White Bear Lake Restoration Assoc. v. Mn/DNR <br /> <br /> <br />Background <br /> <br />White Bear Lake Restoration Association initiated a Minnesota Environment Rights Act <br />(MERA) lawsuit against the Minnesota Department of Natural Resources (DNR). The <br />lawsuit centered on alleged impacts to White Bear Lake and the Prairie du Chien Aquifer, <br />in part, due to groundwater appropriations permitted by the DNR. The DNR is the state <br />agency that regulates groundwater appropriations for municipal water supply systems. <br /> <br />The matter went to trial in March of 2017 and a decision by the Court was made in <br />August of 2017. The Court found the DNR in violation and ordered a number of <br />corrective actions. A temporary stay on the orders was granted pending the post-trial <br />motions hearing which was held on January 26, 2018. Pending a decision by the court <br />the DNR is moving forward with implementation of the court order. Several of these <br />actions will have a direct impact on 11 communities with well permits within 5 miles of <br />White Bear Lake, including the City of Lino Lakes. <br /> <br />We are expecting that four additional conditions will placed on our Water Appropriation <br />permits as a result of the court order. On January 17, 2018 the City’s water <br />appropriations permit was amended to including a condition addressing Court Order Item <br />4.E.: <br /> <br />1) Water Supply Contingency Plan: A revised Water Supply Plan must be submitted <br />to the DNR, by August 29, 2018, that includes a contingency plan to fully or <br />partially convert the source water that is authorized under this permit from <br />groundwater to surface water source(s). The contingency plan must include a <br />schedule for funding design, construction and conversion to a surface water <br />supply. Whether any conversion would occur shall be determined by the DNR and <br />the holder of this permit. <br /> <br />The three additional conditions are expected to be added by February 28, 2018. They are <br />as follows: <br /> <br />2) Residential Irrigation Ban: Residential irrigation must be prohibited within your <br />community when notified by DNR that the lake level of White Bear Lake has fallen