HomeMy WebLinkAbout2022-034 Council Resolution CITY OF LINO LAKES
RESOLUTION NO.22-34
A RESOLUTION SUPPORTING LEGISLATIVE EFFORTS TO ENSURE A
SUSTAINABLE, SAFE,AND RELIABLE WATER SUPPLY
WHEREAS,the City holds a water appropriation permit to draw water from the Prairie du
Chien-Jordan Aquifer, which feeds into White Bear Lake, and this permit allows the City to
provide safe water to its residents, businesses, schools, churches, hospitals, and government
facilities;
WHEREAS, on February 28, 2018,the Minnesota Department of Natural Resources amended
the City's water appropriation permit due to fluctuating lake levels on White Bear Lake and the
resulting advocacy of homeowners on the lake who want sufficient lake levels for recreational
activities; and
WHEREAS,the Minnesota Department of Natural Resources ("DNR"), at the direction of a
2021 Ramsey County Court Order in Case File No: 62-CV-13-2414, filed a letter with the Court
on February 7, 2022 illustrating its preparedness to limit the City's water appropriation permit to
residential use only, and to limit use to 55 gallons of water per day per person on average, along
with other municipalities within a 5 mile range of White Bear Lake in order to comply with the
Court's Order;
WHEREAS, such proposed restrictions on the City's water permit present a dire threat to safe
and reliable water access for schools, hospitals, churches, new housing and commercial
developments, and businesses and industries located within the City;
WHEREAS,the DNR's potential permit amendments threaten the health, welfare, growth, and
prosperity of the City, and surrounding communities, and is an untenable solution to shared use
of the aquifer;
WHEREAS,the issue of groundwater usage from the Prairie du Chien-Jordan Aquifer is a
regional concern that involves a significant number of communities across three counties,
including their residents, businesses, schools, hospitals, and numerous other public and private
uses.
WHEREAS,recognizing the importance of conservation and sustainability is best achieved
through localized strategies;
WHEREAS,the Minnesota Legislature is in a position to provide a legislative solution to
groundwater permitting in the Prairie du Chien-Jordan Aquifer and reinforce the role of the DNR
in engaging in water appropriation based on science and public health.
220775
NOW THEREFORE BE IT RESOLVED,the City Council of the City of Lino Lakes
respectfully requests that the legislature enact legislation that accomplishes the following:
1. Protects municipal water permits, including those that involve water from the Prairie du
Chien-Jordan Aquifer, from legal challenges.
2. Directs the DNR to explore innovative options for meeting the water needs of our
residents, hospitals, schools, industries, and future development and ensuring the
sustainability and quality of the state's water resources in and around White Bear Lake
and neighboring aquifers.
3. Allows the DNR the discretion to issue and amend groundwater water appropriation
permits as the DNR determines appropriate.
Adopted by the Council of the City of Lino Lakes this 14th day of March, 2022.
The motion for the adoption of the foregoing resolution was introduced by Councilmember
Cavegn and was duly seconded by Councilmember Ruhland and upon vote being taken thereon,
the following voted in favor thereof: Ruhland, Lyden, Stoesz, Cavegn, Rafferty
The following voted against same: None
t�• �.�-tom,,., j
Roo Rafferty, Mayor
4K�e Bartell, City C erk
220775
CITY COUNCIL
AGENDA ITEM 1H
STAFF ORIGINATOR: Michael Grochala, Community Development Director
MEETING DATE: March 14,2022
TOPIC: Consider Resolution No. 22-34, Supporting Legislative Efforts to
Ensure a Sustainable, Safe, and Reliable Water Supply
VOTE REQUIRED: 3/5 Vote Required
INTRODUCTION
Staff is requesting Council consideration to support legislative efforts to that address local
concerns regarding the City's water supply appropriation.
BACKGROUND
On February 28, 2018, in response to a District Court order,the Minnesota Department of
Natural Resources amended the City's water appropriation permit due to fluctuating lake levels
on White Bear Lake. 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. The City is currently waiting for scheduling of the hearings.
The DNR has also continued to implement additional components of the Court Order. On
February 7, 2022 the DNR filed a letter with the Court addressing the potential impacts of the
Court's Order to establish a collective annual withdrawal limit. The DNR acknowledged that
the withdrawal limit would require permit reductions far below the 75 gallon per day per capita
residential water use and 90 gallons per day total per capita water use. DNR has estimated that
a 40%reduction in current water use would be needed to meet the Court Order.
These restrictions would have a significant impact on water access for non domestic use such
as schools, hospitals, churches, new housing and commercial developments, and businesses and
industries located within the City.
The City of Lino Lakes and other affected communities and businesses believe that this is a
regional issue that needs further evaluation, and local input to arrive at a solution.
Accordingly, the affected communities have proposed legislation that:
1. Protects municipal water permits, including those that involve water from the Prairie du
Chien-Jordan Aquifer, from legal challenges.
2. Directs the DNR to explore innovative options for meeting the water needs of our
residents,hospitals, schools, industries, and future development and ensuring the
sustainability and quality of the state's water resources in and around White Bear Lake
and neighboring aquifers.
3. Allows the DNR the discretion to issue and amend groundwater water appropriation
permits as the DNR determines appropriate.
The legislation (SF 3055)was approved by the Senate Environment and Natural Resources
Policy and Legacy Finance Committee and sent to the Senate floor for consideration. The
legislation was also introduced in the House (HF 3880) and is pending a committee hearing.
The proposed resolution indicates support from the City of Lino Lakes for adoption of the
legislation.
RECOMMENDATION
Staff recommends adoption of Resolution No. 22-34.
ATTACHMENTS
1. Resolution No. 22-34
2. SF 3088