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Hugo City Council Meeting Minutes for September 5,2017 <br /> Page 5 of 8 <br /> Homeowner' Association intervened on the side of the plaintiff, and the White Bear Township <br /> and City of White Bear intervened on the side of the defendant. <br /> Bear explained that the trial ended in mid-June, and the judge made a ruling that was very <br /> favorable to the plaintiffs. The Order determined the DNR had violated MERA and <br /> Violated Public Trust by causing the decline in water levels of WBL by allowing high capacity <br /> groundwater appropriations. The Order stated the DNR allowed excessive pumping, did not set <br /> limits, and failed to require plans for alternatives to pumping. Restrictions will be placed on new <br /> wells within five miles of White Bear Lake and all existing appropriation permits for using <br /> groundwater are to be reviewed by the DNR for compliance with sustainability standards, and <br /> the permit could be downsized. The Order also impacts private wells and requires the DNR to <br /> determine how much water can be withdrawn from the lake. The protective elevation of the lake <br /> has been set at 923.5, and if water levels go below that, it will trigger a residential irrigation ban <br /> that will be in effect until the elevation reaches 924. Bryan noted that the lake is rarely above the <br /> 924 elevation. Historical averages were used but are irrelevant for White Bear Lake due to the <br /> lake being augmented for decades, and the lake outlet was lowered twice. Bear reviewed <br /> established limit on appropriation permits that allow for 75 gallons per person per day for <br /> residents and 90 gallons per day per person for other non-residential uses. This would include <br /> businesses that use water, and it would be hard to measure their use per capita. The Order also <br /> requires creation of contingency plans for conversion to surface water and reporting on <br /> collaborative efforts. He noted Hugo currently complies with the capita per day thresholds and <br /> has already begun a conversion to surface water. Bear explained that the Order does not directly <br /> apply to the city; it applies to the DNR. He stated there is no scientific data to support its <br /> conclusion, and the language will be difficult to interpret and enforce. Bear pointed out the many <br /> flaws in the Order and stated it was too soon to know what the parties of the lawsuit will do in <br /> response to this Order. <br /> City Attorney Dave Snyder reminded Council about a discussion they had four years ago when <br /> they considered whether to be a part of the lawsuit. The state brought forward a motion to <br /> dismiss, which was denied, and the view of the Council at that time was that the questions <br /> regarding aquifers were best answered by the experts and should not be determined in a <br /> courtroom. The Council's determination four years ago was that the City could take a proactive <br /> role, which included conservation efforts and surface water reuse, and work cooperatively with <br /> local legislators. There are many thing in the Order that require interpretation and clarification; <br /> it's not the City's responsibilities to resolve the inconsistencies. Snyder suggested the Council <br /> continue to implement conservation steps, identify possible alternative sources of water, and <br /> continue to lead and work with legislative and business partners to ensure continued existence of <br /> municipal water. <br /> The Council discussed what was being required of them by the Order. Snyder explained the <br /> DNR has basically been ordered by the courts to take certain actions, and what the DNR would <br /> likely require from the cities is exactly what the City of Hugo has been doing the past four years <br /> regarding intelligent water use. Snyder further talked about flawed assumptions in the Order that <br /> has traced the lake level to water consumption, and said he anticipated there will be an appeal. It <br /> was Snyder's opinion that the Order was unclear, unfounded, and unreasonable. <br /> Council talked about the consequences that fall on others that will cause a huge public outcry and <br />