2017.01.17 CC Packet - Goal Setting Session

Home

MINNESOTA DEPARTMENT OF NATURAL RESOURCES - WHITE BEAR LAKE LAWSUIT Position: Washington County adopted the Washington County Groundwater Plan 2014-2024 in September of 2014. This plan specifically calls to monitor the outcome of the Minnesota Department of Natural Resources (DNR) lawsuit and evaluate how the final disposition will impact groundwater management decisions in the county. Washington County does not support the White Bear Lake Settlement Agreement as it currently stands for the following reasons: The DNR does not agree that science supports the plaintiffs' theory that groundwater pumping is the primary cause of low water levels in White Bear Lake; however in the settlement agreement the DNR has agreed to support action, at great expense, to convert groundwater - supplied communities to a surface water supply. A second study by the United States Geological Survey to analyze which groundwater wells, if any, may have the greatest impact on White Bear Lake is still pending. The impact on surface water sustainability is not addressed and should be studied before such drastic and costly actions are mandated. The financial implications of the settlement agreement need to be addressed as actions mandated in the settlement will affect economic development. The affected communities have been planning for growth as directed by the Metropolitan Council, investing millions of dollars in groundwater -based water supply infrastructure. The settlement agreement instructs the DNR to work with the 13 communities to implement conservation efforts. Groundwater is a regional issue and reduction goals should be shared across the aquifer. An aggregate goal of at least seventeen percent reduction in water use was set without disclosing how the target goal was calculated. The settlement addresses the North and East Groundwater Management Area (GWMA), stating the DNR agrees the entire North and East GWMA should use surface water instead of groundwater. This decision is not based on fact or data. The studies to support this claim have not been completed. The DNR's North and East GWMA Plan is awaiting final approval from the DNR commissioner. Issue: In the past several years, White Bear Lake's water levels have been at the lower end of their historic range. Experts disagree about the fundamental causes of the low levels. The Minnesota Department of Natural Resources (DNR) was sued in Ramsey County District Court in 2012 (Court File No. 62 -CV -13- 2414), with the plaintiffs (White Bear Lake Restoration Association and White Bear Lake Homeowners' Association) claiming that, by allowing thirteen local communities to use groundwater for their public water supply, the DNR has permitted too much groundwater use in the area, thus lowering White Bear Lake. Two of the thirteen communities (City of White Bear Lake and White Bear Township) elected to intervene in the litigation. The plaintiffs asked the judge to set a lake water elevation, reduce local communities' groundwater use, and require the agency to augment the lake with an additional water supply. 26