HomeMy WebLinkAbout#16 - Water Appropriation Permit AppealSTAFF REPORT
DATE: March 20, 2018
CONSENT #16
AGENDA ITEM: Appeal Water Permit Conditions from DNR
SUBMITTED BY: Kristina Handt, City Administrator
BACKGROUND:
On August 30, 2017, Judge Margaret Marrinan ruled in favor of the plaintiffs (White Bear Lake
Restoration Association and White Bear Lake Homeowners Association) in their case against the DNR
related to the lake levels of White Bear Lake. Her order included restrictions or led to conditions being
places on groundwater permits within a 5 mile radius of White Bear Lake. The first condition (plan to
convert to surface water) was placed on the permit in January while the last three conditions were added
on March 1, 2018.
ISSUE BEFORE COUNCIL:
Should the City appeal the conditions placed on the MN DNR Water Appropriations Permit?
PROPOSAL DETAILS/ANALYSIS:
The City has 30 days to appeal the conditions placed on the permit. As discussed at the March 13th work
session, staff has prepared a letter to demand a hearing and appeal the conditions as allowed under state
statute and administrative rules. While the judge has issued a temporary stay of the order, staff still believes
it is best to appeal these conditions since they have been placed on the permit. Not doing so would be
acquiescing to them.
RECOMMENDATION:
If removed from the consent agenda:
Motion to approve submitting the letter of appeal to the DNR for the recently added water appropriations
permit conditions.”
ATTACHMENTS:
• Draft Letter of Appeal
3800 Laverne Avenue North • Lake Elmo • Minnesota 55042
Phone: (651) 747-3900 • Fax: (651) 747-3901 • www.lakeelmo.org
March 20, 2018
Joe Richter
District Appropriations Hydrologist
MN Department of Natural Resources
1200 Warner Road
St. Paul, MN 55106
Re: Water Appropriation Permit Number 1961-1031
Dear Mr. Richter:
The City of Lake Elmo formally objects to the amendments on its Water Appropriation Permit
Number 1961-1031 issued by the DNR and demands a hearing. We believe the amendments are
arbitrary and capricious and not supported by substantial scientific evidence to support the
conclusions. The permit amendments for which the City requests a hearing under Minnesota
Statutes section 103G.311, subdivision 5, include:
• Ramsey County District Court Order: 62-CV-13-2414 – Plan to Convert to Surface Water
• Ramsey County District Court Order: 62-CV-13-2414 – Residential Irrigation Ban
• Ramsey County District Court Order: 62-CV-13-2414 – Per Capita Water Use Plan
• Ramsey County District Court Order: 62-CV-13-2414 – Report on Collaborative Efforts
The City believes it is a public authority that is not required to submit a bond or security under
Minnesota Statutes section 103G.311, subdivision 6. To the extent that a bond or security may be
considered necessary, the City hereby promises to pay the appropriate hearing costs under section
103G.311, subdivision 7, if the order is affirmed without material modification.
Sincerely,
Mike Pearson
Mayor, City of Lake Elmo
Cc: Commissioner Tom Landwehr
Department of Natural Resources
500 Lafayette Road
St. Paul, MN 55155