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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