8. Wash Co Water Position StatementMINNESOTA 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 will not be available until fall of 2016.
• 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. An entire stakeholder process is currently underway to develop the North
and East Groundwater Management Area plan and should be completed before being
addressed in the settlement.
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.
This lawsuit was settled through mediation between the DNR and the plaintiffs. The settlement, which
is subject to court approval, halts the litigation up to three years. During this time, the DNR and the two
local communities who intervened have agreed to support efforts to develop a surface water supply to
serve area communities. The DNR has also agreed to set a protective elevation for White Bear Lake by
Nov. 1, 2016. Finally, all parties to the settlement have agreed to pursue conservation measures.
The DNR has agreed to provide legislative support for a two -phased option identified in the Met
Council's June 2014 Draft Water Feasibility Report to move thirteen communities from groundwater and
to surface water from the Mississippi River for their public water supply. Such a proposal would have to
come forward from another public entity. The first phase of the project (Phase 1) would move six
communities, including Mahtomedi and a portion of White Bear Lake, for Washington County, to a
surface water supply system. The Phase I project would cost an estimated $155 million to $230 million.
The DNR agreed to support a legislative proposal advanced by a public entity to fully fund the feasibility
and design of Phase I by August 2016. Under the settlement agreement, the target for full construction
funding is August 2017.
The DNR also agreed to support Phase II and to work with seven additional communities in the
northeast metro, including Hugo and Forest Lake in Washington County, to move these communities to
surface water. There are no timelines set out in the settlement agreement for this Phase 11 work.
This settlement does not force communities to switch their water source, as there would need to be
legislative support for this to happen. The settlement was crafted with direct involvement from two
(City of White Bear Lake and White Bear Township) of the thirteen communities that elected to
participate in the litigation. In order for any water supply proposal to go forward, the project would
need legislative approval, as well as an equitable funding mechanism.
Support and Opposition:
Support and opposition are not known at this time.
Previous Consideration:
The County Board has not previously considered this legislative platform.
No Action:
Need to be determined.
Financial Implications:
Need to be determined.
Contact Person:
Lowell Johnson, Director
Washington County Public Health and Environment
651-430-6725
Lowell. Johnson (a)co.washington.mn.us