#13 - Water Appropriation Permit

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6 the 2017 Order the DNR is subject to a fine of $1,000 per day. 2.As set forth in paragraph 17, the elevation of White Bear Lake is adversely impactedby appropriations made both within and outside of the 5-mile radius established by the Court. 3.Lake Elmo has permitted wells within 5 miles of White Bear Lake. 4.Approval of the requested increase in the authorized volume of DNR WaterAppropriation Permit No. 1961-1031 to 540 million gallons has the potential to impact the Prairie du Chien – Jordan Aquifer level and would result in collective annual appropriations greater than the collective annual withdrawal limit. See, ¶¶ 15 and 20. Thus, amending Permit 1961-1031 to double its authorized appropriation volume from 260 million gallons of water per year to 540 million gallons of water per year would violate the 2017 Order. 5. Authorizing the proposed increase in appropriation requested by Lake Elmo would further contribute to reductions of White Bear Lake levels below the protective elevation of 922.0 feet above mean sea level and thus be in violation of Minnesota Statutes § 103G.285 subd. 3. 6.Any “findings of fact” that might properly be termed “conclusions” and any “conclusions” that might properly be termed “findings of fact” are hereby adopted as such. Order Based on the substantial evidence in the administrative record on file at the DNR and the requirements of the 2017 Order, DNR makes the following ORDER: 1.The City of Lake Elmo’s request to increase its permitted volume of water from 260 million gallons of water per year to 540 million gallons of water per year under Permit No. 1961-1031 is hereby denied. Approved and adopted this 27th day of January, 2023 STATE OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES _______________________________ By: Randall Doneen Conservation Assistance and Regulation Section Manager Division of Ecological and Water Resources Department of Natural Resources