07-28-25 City Council Meeting Agenda

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CITY COUNCIL WORK SESSION STAFF REPORT ITEM NO. C STAFF ORIGINATOR: Michael Grochala, Community Development Director WORK SESSION DATE: July 28, 2025 TOPIC: Water Appropriation Permit Contested Case 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 EJEWL I_[ _T►1j] LtX@]:%l7_\ M'Jr �i�1_\�T:7:7[�1_�L•P►1=T_1►\�i9a�►\�i�l:I�ir 3 _17w_\:� 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 The City, along with multiple other communities, appealed 3 of the 4 amendments and a contested case hearing was held in 2023 before an Administrative Law Judge (ALJ). The ALJ struck the irrigation ban requirement but left the other amendments in place. Both the White Bear Lake Restoration Association and White Bear Lake Homeowners Association appealed the decision. The 6 communities involved appealed as well. In July the Minnesota Court of Appeals ruled on the appeals and reversed the decision of the ALJ and remanded for further review. City Attorney, Jay Squires, is recommending that we ask the Supreme Court to review the decision. Under the Rules any party to a Court of Appeals matter can ask the Supreme Court to exercise its discretionary review power. The Supreme Court does not have to do so. A request is in the form of a Petition for Review, which is a short document highlighting the importance of the case. 1 Page 3 of 31