2015-02-11 CC Packet - Laserfiche WebLink

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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.JohnsonODco.washington.mus P17