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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