Loading...
9.d) Staff Report-Intergovernmental Water AgreementSCANDIA Staff Report Date of Meeting: March 18, 2014 To: City Council From: Kristina Handt, City Administrator Re: Intergovernmental Water Agreement Background: As City Engineer Goodman mentioned at last month's meeting, a number of groups have been meeting surrounding groundwater issues. A group of Washington County Administrators began meeting last month on the issue. There seemed to be a lack of municipal involvement in other groundwater groups and a need was identified to coordinate efforts and messages since groundwater flow impacts all of our cities. Additional background is provided on page 2 of the agreement. This agreement was modeled after an agreement amongst communities in Dakota County that organized for a similar purpose. In 2012, the state passed a law allowing the DNR Commissioner to create Groundwater Management Areas (GWMAs). While the City of Scandia does not offer municipal water service, the legislation has the potential to impact Scandia residents and businesses who receive water permits. The section of law that applies is MN Stat. 103G.287, subd. 4: Subd. 4.Groundwater management areas. (a) The commissioner may designate groundwater management areas and limit total annual water appropriations and uses within a designated area to ensure sustainable use of groundwater that protects ecosystems, water quality, and the ability of future generations to meet their own needs. Water appropriations and uses within a designated management area must be consistent with a plan approved by the commissioner that addresses water conservation requirements and water allocation priorities established in section 103G.261. (b) Notwithstanding section 103G.271, subdivision 1, paragraph (b), and Minnesota Rules, within designated groundwater management areas, the commissioner may require general permits as specified in section 103G.271, subdivision 1, paragraph (c), for water users using less than 10,000 gallons per day or 1,000,000 gallons per year and water suppliers serving less than 25 persons for domestic purposes. The commissioner may waive the requirements under section 103G.281 for general permits issued under this paragraph, and the fee specified in section 103G.301, subdivision 2, paragraph (c), does not apply to general permits issued under this paragraph. (emphasis added) Whether or not the commissioner would exercise the option of requiring permits for smaller users is unknown but the possibility does exist in law. It would likely be too administratively burdensome. Three pilot projects have been identified to learn how to effectively create and manage GWMA, one of which covers Scandia-the North and East Metro GWMA. Issue: Should the City approve the Intergovernmental Water Agreement? Proposal: The agreement requires nothing more than the cities cooperation, coordination and consideration of issues related to groundwater supply. It does not obligate the City of Scandia to adopt any new rules, regulations or ordinance nor commit City funds. The agreement lays out the purpose, authority, implementation and termination provisions of the agreement. If at any time the City of Scandia would like to withdraw from the agreement, they need only give a 30 day notice to the other communities. Otherwise the agreement will terminate after 10 years. The City of Scandia can benefit by working cooperatively with larger communities to ensure our concerns our heard at the state level. Fiscal Impact: NA Options: 1) Approve the Intergovernmental Water Agreement 2) Amend and then Approve the agreement 3) Do not approve the agreement Recommendation: Option 1.