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