2014-01-08 Set Agenda w/Handouts

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JOINT POWERS AGREEMENT FOR INTERVENTION IN WHITE BEAR LAKE WATER LEVEL LAWSUIT This is an agreement between the Cities of Centerville, Columbus, Forest Lake, Hugo, Lino Lakes, Mahtomedi, North St. Paul, Vadnais Heights, White Bear Lake and White Bear Township, all political subdivisions of the State of Minnesota, (hereinafter collectively referred to as the "Parties "), pursuant to the provisions of Minnesota Statutes §471.59, the Joint Powers Act (the "Agreement "). WHEREAS, a lawsuit involving the lake level of White Bear Lake (Lake Level Lawsuit) has been filed in the Ramsey County District Court (Second Judicial District) titled: White Bear Lake Restoration Association, ex rel. State of Minnesota, Plaintiff, and White Bear Lake Homeowners' Association, Inc., ex rel. State of Minnesota, Intervenor, V. Minnesota Department of National Resources, And Thomas J. Landwehr, in his capacity as Commissioner of the Minnesota Department of Natural Resources, Defendants. WHEREAS, the lawsuit- Lake Level Lawsuit, among other things, alleges that the Minnesota Department of Natural Resources (DNR) has violated the Minnesota Environmental Rights Act by issuing appropriation permits to municipalities authorizing high capacity wells for municipal water supplies and by failing to modify or terminate the permits, asserting that such wells have caused a lowering of the water level of White Bear Lake. WHEREAS, Plaintiffs, in the lawsuit Lake Level_Lawsuit_pleadings, attached a copy of a report of the U.S. Geological Survey (USGS) titled Groundwater and Surfacewater Interactions near White Bear Lake, Minnesota, through 2011, Scientific Investigations Report 2013 -5044, and rely upon said report in support of its case against the DNR. WHEREAS, the USGAS -report identifies the parties to this Agreement as maintaining high- capacity wells authorized by DNR appropriation permits which are the subject of the lLake }Level lLawsuit.