#13 - Water Appropriation Permit

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2 private wells and then be connected to the Lake Elmo’s municipal water system due to the presence of per- and polyfluoroalkyl substances (PFAS) pollution in the water supplied by domestic wells in these homes. See City of Lake Elmo v. Metropolitan Council, 685 N.W. 2d 1 (Minn. 2004) (directing the City of Lake Elmo to conform its comprehensive plan to the Metropolitan Council’s system plan) and 2021 FOF, at ¶¶ 9 and 10. 5. In 2020, Lake Elmo requested a permit amendment that increased the volume of water it could appropriate under Permit 1961-1031 from 260 million gallons of water per year to 540 million gallons per year (2020 Amendment Request) to service those areas previously supplied with water by the City of Oakdale and to accommodate its anticipated growth. 2021 FOF, at ¶ 4. Also in 2020, Lake Elmo requested a permit amendment to Permit 1961-1301 authorizing it to construct a new water supply well (Unique Well No. 847064 – well No. 5). The purpose of this request was to close Unique Well Number 208448 – (Well No. 1), because Well No. 1 sat over groundwater polluted by PFAS. Id. at ¶¶ 1 and 2. This amendment would allow Lake Elmo to appropriate the same volume authorized in Permit 1961-1031 without having to appropriate from Well No. 1 (the well siting over the PFC Plume). Id. 6. On May 1, 2021, the DNR issued the 2021 FOF denying Lake Elmo’s request to increase the volume of its appropriation authorized under Permit 1961-1031. Id. at ¶¶ 13 through 15 and Order. In that same order the DNR granted Lake Elmo’s request to close Well No. 1 and open Well No. 5. This allowed Lake Elmo to appropriate the full volume of water authorized by Permit 1961-1031 without risk that its municipal water source would be contaminated by PFAS. Id. 7. On May 25, 2021, the DNR sent a letter to the Lake Elmo City Administrator notifying Lake Elmo that it was appropriating water in exceedance of the volume authorized in Permit 1961-1031. DNR advised Lake Elmo that, in accordance with the 2017 Order, DNR could not increase the volume of the appropriation authorized by Permit 1961-1031 and that Lake Elmo should look at other strategies to meet its demand for water. Letter from Randall Doneen DNR Conservation Assistance and Regulations Section Manager to Kristina Handt, City Administrator, City of Lake Elmo, (May 25, 2021). 8. On May 12, 2022, Lake Elmo submitted another request to the DNR to amend Permit 1961-1031 by increasing the volume of water authorized by Permit 1961-1031 from 260 million gallons per year to 540 million gallons of water per year. (2022 Amendment Request). 9. The 2022 Amendment Request for an increased appropriation was identical to the request made in Lake Elmo’s 2020 Amendment Request in terms of the increased volume request. 10. The 2022 Amendment Request was initiated because Lake Elmo’s 2020 water use exceeded the volume authorized by Permit 1961-1031. This exceedance was caused by population growth and Lake Elmo’s decision to cease purchasing water from the City of Oakdale. The City of Oakdale’s 2015 water supply plan estimated that City of Lake Elmo purchased 28.5 million gallons of water per year from the City of Oakdale. In 2019 Lake Elmo reported that they had purchased 64.6 million gallons of water from the City of Oakdale in 2018. In 2021, the City of Lake Elmo did not purchase water from the City of Oakdale. Lake Elmo also estimates that it will need this volume of water to meet the requirements of the Metropolitan Council’s regional system plan growth requirements. See City of Lake Elmo v. Metropolitan Council,685 N.W. 2d 1 (Minn. 2004) (directing the City of Lake Elmo to conform its comprehensive plan to the Metropolitan Council’s