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H-1 <br />NOW THEREFORE, IT IS HEREBY ORDERED: <br />1. The Court declares that the DNR's current and planned permitting of high <br />capacity groundwater appropriations and management of White Bear Lake and the Prairie <br />du Chien -Jordan Aquifer violate: <br />A. MERA, by impairing both White Bear Lake and the Prairie du Chien <br />Aquifer. <br />B. The Public Trust Doctrine, by: <br />1) Causing a continuing decline in the levels of both the Prairie du <br />Chien Jordan Aquifer and of White Bear Lake that diminishes the <br />size of the lake and its lakebed, and adversely impacts public uses <br />of the lake; and <br />2) Failing to take remedial measures within its authority to protect <br />White Bear Lake and the Prairie du Chien Aquifer, when it had <br />knowledge that its actions in issuing and failing to manage high <br />capacity groundwater pumping permits were adversely affecting <br />the lake and aquifer. <br />2. The Court declares that by virtue of its violating the following statutes and rules, <br />the DNR has violated MERA: <br />A. M.S. § 103G.211 (the draining of the lake resulting from the excessive <br />pumping of the aquifer); <br />B) M.S. § 103G. 287, subd. 5 (issuance of permits for pumping without a <br />determination that the amount of use is sustainable, particularly for future <br />generations); <br />C) M.S. § 103G.287 and .285 (failing to set collective annual withdrawal <br />limits from the lake; failing to require permittees to submit contingency plans for <br />alternate water sources; failing to set a meaningful trigger for implementation of <br />136 <br />