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HomeMy WebLinkAbout2021-066 Council Resolution CITY OF LINO LAKES RESOLUTION NO.21-66 APPROVING COMMON INTEREST AGREEMENT WATER APPROPRIATIONS PERMIT 1985-6168 AMENDMENT APPEAL WHEREAS,Ramsey County District Court Order issued a judgement 62-CV-13-2414 on August 30, 2017 regarding the groundwater management of White Bear Lake and the Prairie du Chein-Jordan Aquifer; and WHEREAS,the City of Lino Lakes' Minnesota Department of Natural Resources Water Appropriation Permit 1985-6168 has been amended to include conditions resulting from said Court Order; and WHEREAS,the City of Lino Lakes objected to the amendments, along with other communities. and requested a hearing in accordance with state law; and WHEREAS,the City finds that it is in the best interests of the community to cooperate with other communities challenging the amendments; NOW, THEREFORE BE IT RESOLVED The City Council of The City of Lino Lakes approves the Common Interest Agreements and authorizes the City Attorney to execute the agreement on behalf of the City. Adopted by the Council of the City of Lino Lakes this 28th day of June, 2021. The motion for the adoption of the foregoing resolution was introduced by Councilmember Ruhland and was duly seconded by Councilmember Lyden and upon vote being taken thereon, the following voted in favor thereof: Ruhland,Lyden, Stoesz, Cavegn,Rafferty The following voted against same:None Ro afferty, Mayor AT 1'EST: Julia a Bartell, City erk CI Y COUNCIL AGENDA ITEM 1G STAFF ORIGINATOR: Michael Grochala,Community Development Director MEETING DA 1'E: June 28,2021 TOPIC: Consider Resolution Consider Resolution No. 21-66.Approving Common Interest Agreement. Water Appropriation Permit Amendment Appeal VOTE REQUIRED: 3/5 Vote Required INTRODUCTION Staff is requesting Council consideration to approve a Common Interest Agreement regarding the DNR Water Appropriation Permit Amendment appeals. BACKGROUND 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: • PLAN TO CONVERT TO SURFACE WATER SOURCE:A revised Water Supply Plan must be submitted to the DNR.by August 29,2018,that includes a contingencyplan to fully or partially convert the source water that is authorized under this permit from groundwater to surface water source(s).The contingency plan must include a schedule for funding design,construction and conversion to a surface water supply.Whether any conversion would occur shall be determined by the DNR and the holder of this permit. • RESIDENTIAL IRRIGATION BAN:The permittee must prepare,enact and enforce a residential irrigation ban when notified by DNR that the lake level of White Bear Lake has fallen below 923.5 feet (MSL 1912),to continue until notified by the DNR that the lake level has reached an elevation of 924 feet (MSL 1912).By April 30,2018,send the DNR your approved ordinance or other enforceable mechanism for implementing an irrigation ban consistent with this permit condition. • PER CAPITA WATER USE PLAN:$y August 29,2018 submit an enforceable plan to the DNR to phase down per capita residential water use to 75 gallons per day and total per capita water use to 90 gallons per day. • REPORT ON COLLABORATIVE EFFORTS:Annual reporting to the DNR is required on your collaborative efforts with northeast metro communities to develop plans to phase down per capita residential water use to 75 gallons per day and total per capita water use to 90 gallons per day.Annual reports are due on March 31st of each year.beginning in 2019. 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. Given similar shared issues, 10 communities are considering adoption of a Common Interest Agreement. It permits us to cooperate in the challenge to the watering limitations imposed on the permit amendments. The agreement was reviewed and recommended for approval by the City Attorney. RECOMMENDATION Staff recommends adoption of Resolution No. 21-66. ATTACHMENTS 1. Resolution No. 61-66