#13 - Water Appropriation Permit

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1 FINDINGS OF FACT DNR Water Appropriation Permit No. 1961-1031 DATE: January 27, 2023 Permit No.: Request to Amend Permit 1961-1031 Applicant Name: City of Lake Elmo Name of Reviewer: Joe Richter, DNR Region 3 Water Appropriations Hydrologist Dan Miller, DNR Water Use Consultant Randall Doneen, DNR Conservation Assistance and Regulation Section Manager Decision: Lake Elmo’s application to increase the volume of water that it may appropriate under Water Appropriation Permit No. 1961-1031 (Permit 1961-1031) from 260 million gallons of water per year to 540 million gallons of water per year is denied. FACTUAL FINDINGS & ANALYSIS Based on the information in the administrative record and on file at the Minnesota Department of Natural Resources (DNR) Division of Ecological and Water Resources and in accordance with the August 30, 2017 Ramsey County District Court Order in White Bear Lake Restoration Association ex. rel. State of Minnesota v. Minnesota DNR et al, (2017 Order) and as more fully set forth herein, the DNR finds that the administrative record supports denial of Lake Elmo’s request to increase the volume of water allowed to be appropriated under the Permit 1961- 1031. 1. The City of Lake Elmo (Lake Elmo) holds Permit 1961-1031. Permit 1961-1031 authorizes Lake Elmo to appropriate 260 million gallons of water per year for public water supply. In 2020, the City of Lake Elmo (Lake Elmo) reported water use of 308 million gallons, and in 2021 reported water use of 395.3 million gallons. In both years, Lake Elmo’s water use exceeded the volume of water authorized by Permit 1961-1031 (260 million gallons per year). 2. Prior to 2020, Lake Elmo met its excess water needs by purchasing water from the City of Oakdale (Oakdale). At some point between 2018 and 2019 Lake Elmo terminated its agreement with Oakdale.1 Finding of Fact: Water Appropriation No. 1961-1031, at ¶ 8 (May 1, 2021) (2021 FOF) (Attached hereto as Exh. A and made a part hereof). Lake Elmo staff verbally advised DNR staff that the cost of obtaining water from Oakdale was an important factor in deciding to terminate the agreement. 3. The exceedance set forth in Paragraph 1 was attributed to population growth, a decision to move existing homes off alternative water supply sources and to connect them to Lake Elmo’s municipal water system. Id. 4. Five hundred forty (540) million gallons of water per year is the volume of water that Lake Elmo believes it needs to comply with the requirements of the Metropolitan Council’s regional system plan growth requirements and to supply water to homes that will be moved from 1 In 2018 Lake Elmo purchased 64.6 million gallons of water from Oakdale. 2021 FOF, at ¶ 8.