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<br />PROPOSAL: <br />A draft letter to DNR Commissioner Sarah Strommen is included in your packet. It is very similar to the <br />one the City submitted in 2018 to contest the four amendments the DNR put on our permit because of the <br />White Bear Lake District Court Order regarding the residential irrigation ban, gallons per capita per day <br />requirements, plan for connection to surface water and annual meetings with other cities to discuss <br />conservation. The letter would be due to the DNR next week in order to fall within the 30 day appeal <br />window. <br /> <br />This would start the process of having the DNR assign an administrative law judge to handle the case. <br />The city is not required to be represented by a lawyer since it is an administrative process but staff would <br />recommend we have legal work on this appeal just as they are working on the one from 2018. <br /> <br />Similar to how the provisions from the 2018 appeal are not being enforced while the appeal is ongoing, <br />staff would expect the same to apply here. <br /> <br />FISCAL IMPACT: <br />Thus far on the White Bear Lake water level issue appeal we’ve spent about $14,000 in legal fees. It’s <br />unknown how much this next appeal may cost in legal fees and reimbursements to the state. These costs <br />are charged to the water fund. <br /> <br />OPTIONS: <br />1. Direct staff to submit a letter requesting a contested case hearing <br />2. Direct staff not to submit a letter requesting a contested case hearing <br /> <br />RECOMMENDATION: <br />“Motion to approve the letter to Commissioner Strommen requesting a contested case <br />hearing.” <br /> <br />ATTACHMENTS: <br />• January 27, 2023 Denial Cover Letter and Findings of Fact <br />• February 21, 2023 Letter to DNR Commissioner Sarah Strommen requesting a contested case <br />hearing