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2015.02.02 RESO 2015-12
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2015.02.02 RESO 2015-12
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10/26/2017 2:04:54 PM
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3/3/2015 11:45:06 AM
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City Council
Document Type
Resolutions
Meeting Date
2/2/2015
Meeting Type
Regular
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RESOLUTION 2015-12 <br />A RESOLUTION RELATING TO THE PROFFERED SETTLEMENT AGREEMENT BY <br />THE WHITE BEAR LAKE RESTORATION ASSOCIATION RELATING TO <br />REGIONALIZATION OF MUNICIPAL DRINKING WATER SUPPLIES <br />WHEREAS, the White Bear Lake Restoration Association, launched a lawsuit against the <br />Minnesota Department of Resources (DNR) asserting complaints about the water level in White <br />Bear Lake and claiming that the DNR violated the Minnesota Environmental Rights Act (MERA) <br />and the Public Trust Doctrine among other allegations; and <br />WHEREAS, the lawsuit contained claims, propounded by the Plaintiffs hired representatives, <br />which asserted that by allowing thirteen local communities to use groundwater for their public water <br />supply, including primarily drinking water, the DNR pennitted too much groundwater to be used. <br />This, the lawsuit claimed, affected recreational uses in White Bear Lake, Plaintiffs, and their hired <br />representatives, thus demanded constriction of groundwater uses by neighboring Cities including <br />suggesting in their written discovery responses that municipal water wells be terminated (in a <br />manner to be determined by the DNR) because, claimed the Plaintiffs representatives, pumping of <br />municipal drinking water resulted in a recent decline in water levels of White Bear Lake; and <br />WHEREAS, DNR denied those allegations and responded by pointing out that the: claimed recent <br />reduction in water levels in White Bear Lake was <br />• a cyclical decline which occurs at varying years over the long existence of the lake and then <br />reverses; and <br />• that it was related to climate patterns; and <br />• that it was also (and more obviously) related to cessation of a long-standing practice of <br />directly pumping water into the lake to maintain its levels; and <br />• that, despite the claims of Plaintiffs paid experts, even independent studies were <br />preliminary and did not plainly establish a link between drinking water pumping and the <br />depth of water in White Bear Lake and that additional study and consideration was needed <br />to understand this complex inquiry; and <br />• that, ultimately, the entire matter was a complex inquiry, more aptly suited to be explored <br />and resolved by dispassionate scientific inquiry, rather than to be determined by the claims <br />of Plaintiff s paid advocates through lawsuits; and <br />WHEREAS, well before the lawsuit, the City of Hugo encouraged and developed mechanisms for <br />recapturing and conserving surface water and surface water runoff for use to replace or supplement <br />ground water use; and <br />WHEREAS, though the City of Hugo encouraged the DNR to contest the Plaintiffs claims <br />vigorously, Plaintiffs and the DNR have agreed to a settlement which, among other things: <br />
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