#04 WBL TIMELINE PG2 - Laserfiche WebLink

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The mission of the City of Lake Elmo is to provide planned, quality public services consistent with the City’s character in a fiscally responsible manner in partnership with our community. The City of Lake Elmo | 3880 Laverne Ave N | Lake Elmo | MN 55042 In early 2022, the DNR used its transient groundwater flow model to establish a collective annual withdrawal limit for White Bear Lake. This analysis determined that a reduction in water use of approximately 40% would be needed to maintain the protective elevation. The DNR determined that applying this reduction in accordance with the water use priorities in statute (Minnesota Statute 103G.261 opens in a new browser tab) would result in an allocation of 55 gallons per person per day, at current population levels…basically enough for domestic water use only. All other lower priority water uses for agriculture production, commercial, industrial and institutional purposes would need to be curtailed. Concluding that amending water appropriation permits in this fashion would not protect public health and welfare, the DNR sought clarification from the court on the implementation of the collective annual withdrawal limit. In April 2022, the District Court clarified that its order (PDF) was not intended to limit municipal water supplies to 55 gallons per capita per day. The DNR continues to work with the district court, plaintiffs and White Bear Lake area communities to identify the next steps required to implement the District Court Order. 9. 2023-2024: Contested Case Hearing Results. In May 2024, the Office of Administrative Hearings issued a Findings of Fact, Conclusions of Law and Order (PDF) pertaining to multiple contested case hearings on the District Court-required permit amendments. The administrative law judge (ALJ) in the case upheld three of the four District Court ordered conditions but did not uphold the residential irrigation ban permit condition. This condition required permit holders within five miles of White Bear Lake to implement a residential irrigation ban when the water level of White Bear Lake drops below an elevation of 923.5 feet and remain in effect until the water level reaches an elevation of 924 feet. The ALJ order included the following: • The contingency planning requirement to convert to surface water sources is reasonably necessary for the “safety and welfare of the people of the state.” • The plan to phase down per capita residential water use to 75 gallons per day and total per capita water use to 90 gallons per day is reasonably necessary for the “safety and welfare of the people of the state.” • Submitting annual reports to the DNR describing the work to phase down per capita water use is reasonably necessary for the “safety and welfare of the people of the state.”