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Home My WebLink About2022-03-10 UC Packetliwater T H E R RTHPL E M I N K h' 0 1 0 AGENDA UTILITIES COMMISSION MEETING MARCH 10, 2022 8:00 AM I. ROLL CALL II. APPROVAL OF MINUTES 1. November 4, 2021 Utilities Commission Meeting Minutes III. OPEN FORUM — the open forum allows the public to address the commission on subjects which are not a part of the meeting. Commission may take action, reply, or give direction to staff. Please limit your comments to 5 minutes or less. IV. NEW BUSINESS 2. Discussion on water service from Roger Ryan 3. Discussion on funding for Utility Improvements on Street Projects V. UNFINISHED BUSINESS 4. White Bear Lake Court Case Update VI. DIRECTOR/SUPERINTENDENT UPDATE 5. Monthly Updates 6. Water Appropriation use and efficiency profile 7. Met Council Water Efficiency Grant Program VII. COMMISSIONER ITEMS VIII. ADJOURN 8. Next meeting date is March 10, 2022 i 1 INki ater THE OIRTHELACE OF MINNESOTA UTILITIES COMMISSION MEETING November 4, 2021 8:00 A.M. Utilities Superintendent Benson called the meeting to order at 8:00 a.m. Present: Chairman Speedling, Commissioners Hudak (arrived at 8:10 a.m.) Whitcomb, Councilmember Polehna Absent: Commissioners Hutter and Jensen Staff: Utilities Superintendent Benson, Public Works Director Sanders APPROVAL OF MINUTES Possible approval of minutes of August 12, 2021 meeting No vote taken due to lack of a quorum. OPEN FORUM There were no public comments. NEW BUSINESS White Bear Lake Court Case Update - David Sienko - Levander Gillen Miller PA Attorney David Sienko, Levander Gillen & Miller, updated the Commission on the White Bear Lake court case. He said that at the Office of Administrative Hearings (OAH) the judge granted the homeowner associations full party status in the current litigation against the Department of Natural Resources (DNR) for water appropriation permit amendments. Commissioner Whitcomb asked if there is any way to get the City of Stillwater removed from this case by either shutting down one of its wells or re -drilling a well outside the five -mile perimeter. Mr. Sienko said he will talk about that option last. Another issue is the DNR, in a letter dated 10-21-21, requested a voluntary irrigation ban because the level of White Bear Lake dropped below the trigger elevation. The consensus amongst lawyers in this case who are acting on behalf of other communities whose permits were amended, is to not enact a voluntary ban. However, an unrelated ordinance amendment will go to the City Council this Tuesday enacting an odd -even restriction during summer months. He anticipates a closed session soon with the City Council to discuss a Common Interest Agreement circulating among lawyers involved in the case, allowing them to discuss the case and protecting those communications from discovery by other parties like the homeowner associations. He will recommend that the City sign off on this agreement to protect the attorney -to -attorney communications. Public Works Director Sanders stated that the DNR has done modeling showing that if every city within the five -mile radius enacts an irrigation ban, it would not do anything to keep or raise the lake level of White Bear Lake. The DNR has determined that if cities reduce their water usage by 40%, that would keep White Bear Lake at adequate levels. Reducing water usage by almost half would significantly impact the City of Stillwater. He said to keep in mind that an irrigation ban would only be for residential users. Big industrial users will be able to continue watering like there was no ban. Mr. Sienko continued. The DNR started holding meetings a few weeks ago regarding communities outside the five -mile radius including Woodbury, Lake Elmo and Oakdale and all the permits they Utilities Commission Meeting November 4, 2021 believe have an impact on White Bear Lake. They are looking at reducing current actual water usage (not the appropriate permit amount) by 40%. The big unknown is how the DNR will try to split this pie among all the municipalities. This group of permit holders is much bigger and more complex than those in the litigation. It appears that the DNR is looking for a legislative solution. The City of Stillwater may want to start talking to legislators to figure out how to solve this. It would take a lot of funding to come up with a system to solve the problem. Commissioner Hudak asked if Mr. Sienko has seen the models to determine if Stillwater is really impacting White Bear Lake. Mr. Sienko replied the DNR has only shared the powerpoint in the packet but the City will ultimately acquire the models that the DNR is using in the context of the litigation. The next step may be to hire a hydrogeology firm to help the involved cities do their own modeling. Commissioner Hudak remarked the DNR's actions could be viewed as posturing for additional revenue from the legislature or fees from cities. Regarding the question of whether or not to relocate Well #11, the well that is within five feet of the original five -mile radius, Mr. Sanders explained that it would cost $600,000-650,000 to drill a new well, plus the cost of capping or sealing the existing well. The TKDA engineer recommended getting at least 5-10 feet outside the boundary. Mr. Sienko added that the problem is, it is not known if doing that will solve the litigation problem. The original litigation involves the City's whole permit even though only one well is within the radius. So it might not matter whether the City moves Well #11. Discussion on Late Payment Fee Mr. Sanders explained that the Finance Department has been working on combining the sewer and water billing into one statement. Under the water department billing, late payments incur a $10 penalty, and under the City utility billing (sewer storm and signs and lighting), late payments incur a $25 penalty. With one billing statement, the finance department has recommended that the flat fee be eliminated and a late payment of 10% be charged on the balance. Once charged the late payment would then be divided equally and placed into the appropriate fund account. This new late payment would go into effect after the first of the year when the combined billing begins. Staff recommends that the Commission approve the late payment fee recommended by the Finance department. Motion by Commissioner Whitcomb seconded by Chairman Speedling to recommend that the City add a straight 10% fee for late payment onto utility bills. and explore administrative fees that would be added at the point where it would have to be added to property taxes. All in favor. UNFINISHED BUSINESS Superintendent Benson stated that two bids of $17,800 and $15,000 were received to insulate the water service of Roger Ryan, who came before the Commission in March. Mr. Ryan will come back to December meeting for further discussion. DIRECTOR/SUPERINTENDENT UPDATE Monthly Update - Gallons Pumped Mr. Benson stated there were 49,781 gallons pumped in October, 663 million gallons this year to date. Commercial versus Residential Rates Mr. Sanders said the Finance Department pointed out that residential properties are on a tiered system for water use but commercial properties have a rate based on the time of year. With the new billing system the months don't jive with the quarterly billing system. A rate study for commercial Page 2 of 3 Utilities Commission Meeting November 4, 2021 properties may be a good idea. The other thing they brought up is that the commercial properties don't have a base fee like residential properties have. Commissioner Hudak remarked he would advocate for a tiered program based on usage for commercial users. Mr. Sanders said staff also would like to explore ways to save for eventual replacement of aging infrastructure. Perhaps the City can set aside an allotment out of the reserve fund every year to create a mechanism to help fund these replacements. He will bring info on this to the next meeting. COMMISSIONER ITEMS Chairman Speedling noted that the next meeting is December 9. Councilmember Polehna asked what is the security at the pump stations? Mr. Benson replied with the SCADA system upgrade next year will come improved security. A couple of the newer stations have alarms that go off when the door opens. Commissioner Hudak asked the rationale behind sidewalk replacement in varying widths. He noticed some motorized wheelchairs have to go into the street in places due to narrow sidewalks. Mr. Sanders answered it is a cost issue to replace all the sidewalks and not all the sidewalks are deteriorated. The City replaces sidewalks to match existing as much as possible. There is no special funding for meeting ADA requirements, which require only a 3' width. The City standard is 5' for new construction. ADJOURNMENT Motion by Commissioner Whitcomb, seconded by Chairman Speedling, to adjourn. All in favor. The meeting was adjourned at 9:07 a.m. ATTEST: Robert Benson, Utilities Superintendent Curt Hudak, Vice Chair Page 3 of 3 MILLI I< $ i F L L W !F 1 E T+ hi Fr Quote To: Attn: Phone: Email: MILLER EXCAVATING, INC. 3741 Stagecoach Trail North Stillwater, MN 55082 Estimator: Jared Richert Phone / Fax: 651-338-4345 Email: office@millerexc.com Roger Ryan Robert Benson Job Name: Job Address: Job Location: Date: Estimate #: Waterline Insulating 10163rdStN Stillwater MN 55082 September 27, 2021 221306(P) ITEM DESCRIPTION QUANTITY UNIT AMOUNT 100 MOBILIZATION 1.00 LS 110 PERMITS 1.00 LS 120 TRAFFIC CONTROL 1.00 LS 130 SAWCUT & REMOVE ASPHALT ON WILKINS OVER 1.00 LS 135 (CONTINUED) EXISTING WATERLINE 140 EXCAVATE TO WATER SERVICE, ENTIRE WIDTH OF STREET 1.00 LS 145 LOWER WATER SERVICE IF POSSIBLE 1.00 LS 150 INSULATE 4" OVER WATERLINE 240.00 SF 155 BACKFILL & COMPACT WITH ONSITE MATERIAL 1.00 LS 160 PLACE & GRADE GRAVEL ON ROAD 1.00 LS 165 PATCH ASPHALT APPROX 15 X 30 X 4" 450.00 SF GRAND TOTAL $15,000.00 NOTES: QUOTE IS ONLY FOR INSULATING THE SECTION IN THE ROADWASY. CURB TO BE LEFT IN PLACE. Quote valid for 30 days. Proposal based on ONE (1) mobilization(s) to complete the work. Additional mobilizations to be charged at $400.00 each. Sales taxes included (if applicable) Payment due within 30 days of initial invoice. Past due accounts will accrue 1.5% per month, 18% per year service charge. Standard insurance included. Gopher State One Ca11 locates included 4 business days prior to start of work. Miller Exc. is not responsible for weather, utility conflicts, other contractors, strikes, lockouts, material shortages, acts of god, or other circumstances beyond our control that may delay the completion of the work. All items listed above are tied, unless arrangements are made PRIOR to bid opening. The information in this proposal is considered confidential between the two parties listed. All excess clean earthwork materials from the project are the property of Miller Exc. Page 1 of 3 Water, sanitary sewer, and storm utilities to be stubbed within 5' outside the building. Aggregate base ADD option includes gravel under sidewalk, curbs, asphalt, concrete paving, and building floor All work to be completed during normal business hours. (Monday thru Friday 700 am to 500 pm) Due to current global supply chain issues, PVC pipe, geotextile fabric, and HDPE Pipe pricing is subject to change based on the current price at the time of shipment, and availability is not guaranteed. THIS PROPOSAL HAS BEEN PREPARED ACCORDING TO THE FOLLOWING DOCUMENTS: PLANS: SPECS: GEOTECHNICAL: ADDENDA: THE FOLLOWING ITEMS ARE EXCLUDED FROM OUR PROPOSAL: Permits fees or escrow accounts.(building, plumbing, demolition, grading, utilities, right-of-way) Surveying, staking, blue tops, project layout, or as -builds Special insurance (i.e. waiver of subrogation, pollution liability, railroad, etc.) Repair of damage to existing streets, driveways, sidewalks, or yards during the normal course of work. Backcharges. Any potential corrective items must be notified to MEI in writing and allow fifteen (15) days to review, correct, or negotiate settlement, before any other party completes such work MEI shall be allowed to review estimated costs for the corrective work. Private utility locating, relocation, or repair (site lighting, irrigation, dog fence, private electris or gas, etc.) Public utility locating, relocation, or installation Temporary utilities (electric, gas, water, sewer, phone, internet, etc.) Soil testing (infiltration, vibration, densities, onsite gradations, visual inspection, etc.) Gradations for imported materials available upon request. Installation, maintenance, and/or removal of temporary & semi -permanent access roads for job trailer, crane pads, equipment deliveries, resident access, etc. Sheeting, shoring, underpinning, piling, etc. Trench boxes may be used for site utilities installation. Engineering design for overdepth excavation systems SWPPP design, permit, inspections, and maintenance MDH plumbing plan submittal or review Winter conditions (frost ripping, frost blankets, road restrictions, snow plowing, ground thawing, etc.) Road restriction hauling or mobilization (roads less than 9 ton/axle) Vapor barrier, foundation insulation, or waterproofing Trench drain concrete or castings Pre -demolition survey, samples, testing, reports, or removal of regulated wastes and HVAC systems Buried or hidden debris, contaminated material testing, excavation, abatement, remediation Traffic control for non -Miller Exc work. Sweeping required for non -Miller Exc work. Final tolerance of sand or aggregate base prior to concrete and/or asphalt Sod, seed, hydro seeding, straw mulch, temporary seeding, or erosion blanket Bollards, signs, posts, jersey barrier, or other site direction items Trees, shrubs, planting plugs, mulch, edging, or other landscaping items Hand raking, rock removal, final tolerance prior to seeding and/or sod Soil correction (other than that stated specifically in the project soils report) Import or export of soils to balance the cut/fill of the site Dewatering of site SAC or WAC fees Prevailing wages Striping removal, installation, or repair Targeted business of disadvantaged business goals Concrete washout area Manhole or catch basin adjustments Rock excavation or haul out Retaining wall excavation or backfill Other site structure excavation, import/export, and backfill (i.e. fuel island, pump house, tower etc.) Fence including salvage, removal, or reinstallation Based on repair of existing water or sewer service. Page 2of3 Downspout connections Concrete equipment or clean out pads Landscape lighting or irrigation locating, relocation, installation, and/or repair Tree trimming, removal, grubbing, or transplanting Electrical or irrigation conduit installation Interior piping installation or connection Well or septic design, install, removal, or abandonment PROPOSAL ACCEPTANCE We hereby accept the proposal for the work as outlined above and agree to the terms and conditions as listed. Any alteration or deviation from the work as specified above will become extra work over the estimate and will be paid as a change order to the original contract. Miller Excavating, Inc. is authorized to proceed with the work. Payment will be made according to the terms outlined above. Signed: Print: Title: Date: Page 3 of 3 Bill Wolfe Excavating Bell Excavating Inc P.O. Box 775 Stillwater, MN 55082-0775 651.430.2256 651.439.6375 BellExcavatingMN@gmail.com BWE195@gmail.com Customer Roger Ryan 1016 N 3rd St Stillwater, MN 55082 Estimate Date Estimate # 2/17/2020 1978 Project Item Description Total 02 Site Work Insulate 60 feet water service. Permit. Saw cut roadway. Install insulation over pipe from main to curb stop. This will require 32 sheets. Haul out asphalt and extra fill. Back fill and compact with class 5 recycle. Replace asphalt and concrete that was remove to complete job. 17,800.00 Estimate is valid for 30 days Total $17, 800.00 MEMORANDUM To: Utility Commission Members From: Shawn Sanders, Director of Public Works Date: February 7, 2022 Subject: Funding for Utility Improvements for 2022 Street Improvements DISCUSSION For the 2022 Street Improvement Project, staff is considering the replacement of the watermain on Brick Street between Olive Street and Myrtle Street. The main was constructed in 1961 with 6" cast iron pipe and has had eight water main breaks since 1980. Brick Street is proposed to be reconstructed and now would be a good time to replace the watermain. The estimate to replace the main is $40,000. Replacement of the watermain was not considered at the time of budgeting for the 2022 Budget and Capital Outlay. Since this is an additional expense, staff is requesting to pay the replacement from the water revenue fund. RECOMMENDATION Staff recommends that the Commission review and approve the request to replace the watermain on Brick Street and to fund the replacement with water revenue funds. ACTION REQUIRED. If the Commission agrees with the recommendation, the should pass a motion approving the replacement on Brick Street and to use water revenue funds to pay for the replacement. MEMORANDUM To: Utility Commission Members From: Shawn Sanders, Director of Public Works Date: February 7, 2022 Subject: White Bear Lake Court Case Update. DISCUSSION This past week the Minnesota Department of Natural Resources (MnDNR) provided an update on water supply analysis for White Bear Lake. The presentation for the meeting is attached. Staff will provide an update on the highlights of the report to the commission. Also, attached is draft legislation prepared from a consortium of City administrators in the northeast metro area, that is planned for introduction in the upcoming State Legislature Session. NO ACTION REQUIRED District Court Order, White Bear Lake Water Levels, & Drinking Water Supply Planning DEPARTMENT OF NATURAL RESOURCES • Randall Doneen — Section Manager, DNR Ecological and Water Resources • Jason Moeckel — Section Manager, DNR Ecological and Water Resources Agenda • Review key elements of the court order • Review key statutes and rules • Describe technical analysis to date • Answer questions • Feedback on water use profiles Implementation and Timing • 2018 DNR amended permits following the court order • 12 Communities and 5 other permit holders filed a request for a contested case hearing • Permit amendments are not active during the contested case process unless otherwise directed by court • E.g. Irrigation ban, contingency plan, per capita water use goals • DNR contested case process is underway, expect several months to a year. • District Court is requiring monthly updates on the contested case process Key Elements of Court Order • DNR is prohibited from issuing new permits or increases within 5 miles unless certain conditions are met • Residential irrigation ban at 923.5 lake elevation as trigger to the protective elevation • Residential goal of 75 gpd per capita water use and total 90 gpd • Requires public water suppliers to develop a contingency plan to shift their source of water from groundwater to surface water • No groundwater permits can be issued unless the DNR has sufficient hydrologic data to understand the impact on White Bear Lake and the Prairie du Chien -Jordan aquifer • DNR to set a collective annual withdrawal limit for White Bear Lake and adjust permits accordingly • Applies to all water use, including private wells -: L1TT Laic .a St. Paul Permits and Wells w/in 5 Mile Area .White- eartake Mahtomed Mapl:woo Landfa y Grant. Lake Elmo ' 0 0.5 1 2 3 4 5 Miles Water Use Priorities and Water Use Conflicts • 103G.261 (a) (1) first priority, domestic water supply, excluding industrial and commercial uses of municipal water supply, and use for power production that meets the contingency planning provisions of section 103G.285, subdivision 6; • 3rd agricultural irrigation, ... • 4th power production... • 5th uses other than 3rd and 4th , i.e. industrial and commercial • 6th nonessential uses Water Use Conflict • 6615.0740 Water Use Conflicts — (paraphrased) • Available supply is limited to the extent that there are competing demands • Evaluate reasonableness • Evaluate for efficient use • Possible alternatives — feasible and practical • If conflicts cannot be resolved through modification of permits, options include allocation according to priorities established by the legislature. • Water users can develop a plan and submit it to the commissioner for approval Collective Annual Withdrawal Limits Lake Stage, MSL 1912 (feet) Jan-02 Jan-04 Jan-06 Jan-08 Jan-10 Jan-12 Jan-14 Jan-16 Jan-18 • MS 103G.285 limits (0.5 ac- ft/ac) • Existing use — 0.745 ac-ft/acre comparable withdrawal — 585 MGY • Protective Elevation - (0.4 ac- ft/ac) 314 MGY Observed — - 0.4 ac-ft/ac No Use — • -Protective Elevation Existing Permits 0.745 ac-ft/ac Latest Analysis to Ensure Domestic Supply • Our modeling analysis indicates limiting total water use to the equivalent of about 55 gallons/day/capita (gpcd) would maintain lake levels near or above 922 ft. under normal conditions. • This is essentially limiting water for 1st priority uses, which does not include the use of water for schools; hospitals; medical offices; government buildings; commercial uses such as restaurants, gas stations, grocery stores, or any other store; hotels; or industrial uses. • This analysis assumes 2020 population as the basis and pumping volumes from existing municipal water supply wells. (pop.) x (55) x (365) =allowable volume • Any increases in domestic use or allowing lower priority water use would not maintain lake levels above 922 ft. Average Per Capita Water Use 2005-2017 within 5-miles 140 11n 100 80 60 40 0 ■ ■ ago � ��. Oaf � �� °s� �o Jades o� <boa Q) .`�o Yellow line is at 90 GPCD Timing and Process • Meetings with permittees Feb. 2 • Meeting to brief legislators Friday Feb. 4 • Filing briefs for the District Court Feb. 7 • Timeframe is To Be Determined • Exploration of alternatives • Questions and Discussion • Supplemental slides with previously shared analysis follow White Bear Lake —Groundwater Model Results for Permits Within 5 miles of White Bear Lake Lake Stage, MSL1912 (feet) 927 926 925 924 923 922 921 920 919 918 917 Jan-02 Jan-04 Jan-06 Jan-08 Jan-10 Jan-12 4Observed tiNo use glExisting Permits Maximum t. mExisting Permits with Residential Irrigation Ban - - -Outlet Invert — - -Protective Elevation Outlet Structure on White Bear Lake • Spring of 2019 looking south toward White Bear Lake. • Culverts in the foreground lead north into the Rice Creek watershed • Water in this photo is flowing out of White Bear Lake White Bear Lake —Results of Uniform % Reduction of All Permits Within 5 Miles 927 926 925 � 924 N r-I � 923 J CN cioal 921 J 920 922 919 918 917 Jan-02 Jan-04 Jan-06 Jan-08 Jan-10 —Observed No use ---40 Reduction - --❑utlet Invert ---25% Reduction • Existing, Apr -Nov ■ 25% Reduction, Apr -Nov Jan-12 Jan-14 Jan-16 —Existing Permits — - - Protective Elevation • 40% Reduction, Apr -Nov • Existing Use — 44 permits w/5 mile radius 5.65 BGY • 60% - 3.39 BGY • Roughly eq. to 0.4 acre ft./ acre Per Capita Use Scenarios Lake Stage MSL 1912 (feet) Jan-02 Jan-04 Jan-06 - Observed -2040 - Exist Pop, <= 90 gpcd 5mi - 2040, <= 90 gpcd 5 mi Plus Jan-08 Jan-10 Jan-12 No Pumping, WBL 5-mi Plus - - - Outlet Invert ----- 2040, <= 90 gpcd 5 mi Jan-14 Jan-16 Jan-18 Existing Permits — • - Protective Elevation Exist Pop, <= 90 gpcd 5mi Plus White Bear Lake —Results of Raising the Lake Outlet Elevation One Foot 927 926 925 924 ' al . N 923 • 922 CN 921 (jaV 920 J 919 918 917 Jan-02 Jan-04 Jan-06 Jan-08 Jan-10 Jan-12 Jan-14 Jan-16 —Observed No use —Existing Permits - - -Outlet Invert — - -Protective Elevation ---Existing, Outlet Raise - - - Raised Oulet White Bear Lake — Results of Using an Alternate Source of Water for Several Public Water Suppliers 927 926 925 924 a, `°J 923 r-I 922 N 6 921 to co 920 aJ co 919 918 917 Jan-02 Jan-04 Jan-06 Jan-08 Jan-10 Jan-12 Jan-14 Jan-16 —observed —No use —Existing Permits - - -Outlet Invert — - - Protective Elevation ---Remove 2 ---Remove 3 • Remove 2, Apr -Nov • Remove 3, Apr -Nov Average Annual Volume of Water Use —Existing and Projected for 2040 Average Annual Volume (MGY) 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 0 1111 1 11 i I II..I a�� +. a\e, tea. r�� a aa, < 6 `eo\o `�(z <be' far ,Sc,�`o A ��r , Jai � • 2040 • Existing c\ A\oo c�� .R5k �a� vv a 2040 estimates are based on comprehensive plans and community projections and may not necessarily reflect ongoing efforts at water conservation Relative Influence of Individual Permits on Lake Levels Under 2040 Water Use Projections - Top 15 Influencers 3.5 3.0 4-. a, 2.5 o0 0 eN2.0 1.5 aJ no co aJ no 1.0 0.5 0.0 1 All 5-mi Plus White Bear Lake White Bear Twp. N. To cu 0 Mahtomedi Vadnais Heights North St. Paul 0 0 G7 = W J i I I • 5aputo Dairy Foods Y 0 J 0 0 0 0 3 LIJ 0 L O7 z White Bear Twp. 5. White Bear Lake —Projected Lake Levels Under Average 2040 Water Use in North and East Metro Area Lake Stage, MSL 1912 (feet) 927 - Jan-02 Jan-04 Observed 2040 Jan-06 Jan-08 Jan-10 Jan-12 Jan-14 Jan-16 No Pumping, WBL 5-mi Plus Existing Permits - - - Outlet Invert — • - Protective Elevation Jan-18 White Bear Lake —Projected Lake Levels Under Average 2040 Water Use in North and East Metro Area with Alternate Source for Several Communities Lake Stage, MSL 1912 (feet) Observed 2040 ---2040 Four Permits Off Na Pumping, WBL 5-mi Plus • • • • 2040 Oakdale & L. Elmo Off - - - Outlet Invert —Existing Permits — —2040 WBL & WBTN Off — • - Protective Elevation ANOKA RAMSEY WASNGTON • Forest Lake H Cottage Grove North & East Metro GWMA Boundary County Boundary 64o.c.nhcr 7411c North and East Metro Groundwater Management Area 10/26/21 12:43 pm COUNSEL BS/TG SC8746 1.1 A bill for an act 1.2 relating to natural resources; requiring the issuance or modification of groundwater 1.3 appropriation permits near White Bear Lake; requiring the development of 1.4 recommendations to ensure safe drinking water for east metropolitan communities 1.5 in a manner that supports both growth and sustainability; amending Minnesota 1.6 Statutes 2020, sections 103G.211; 103G.285, by adding a subdivision; 103G.287, 1.7 by adding subdivisions; 116B.03, subdivision 1; 116B.10, by adding a subdivision. 1.8 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.9 Section 1. Minnesota Statutes 2020, section 103G.211, is amended to read: 1.10 103G.211 DRAINING PUBLIC WATERS PROHIBITED WITHOUT 1.11 REPLACEMENT. 1.12 (a) Except as provided in sections 103G.221 to 103G.235, public waters may not be 1.13 drained, and a permit authorizing drainage of public waters may not be issued, unless the 1.14 public waters to be drained are replaced by public waters that will have equal or greater 1.15 public value. 1.16 (b) Nothing in this section shall be construed to prevent the commissioner from issuing 1.17 or amending a water -use permit for appropriation from groundwater where: 1.18 (1) the application is for a new groundwater well or to increase appropriation amounts 1.19 under an existing permit; 1.20 (2) the applicant is a municipality wholly or partially located within a five -mile radius 1.21 of White Bear Lake; and Section 1. 1 10/26/21 12:43 pm COUNSEL BS/TG SC8746 2.1 (3) the amount of water to be appropriated under the proposal is consistent with the 2.2 amount anticipated to be needed by the applicant each year as set forth in a water supply 2.3 plan approved by the department under section 103G.291 prior to 2021. 2.4 EFFECTIVE DATE. This section is effective retroactively from August 1, 2017, and 2.5 paragraph (b) is repealed on January 1, 2041. 2.6 Sec. 2. Minnesota Statutes 2020, section 103G.285, is amended by adding a subdivision 2.7 to read: 2.8 Subd. 7. Application. Nothing in this section shall be construed to prevent the 2.9 commissioner from issuing or amending a water -use permit for appropriation from 2.10 groundwater where: 2.11 (1) the application is for a new groundwater well or to increase appropriation amounts 2.12 under an existing permit; 2.13 (2) the applicant is a municipality wholly or partially located within a five -mile radius 2.14 of White Bear Lake; and 2.15 (3) the amount of water to be appropriated under the proposal is consistent with the 2.16 amount anticipated to be needed by the applicant each year as set forth in a water supply 2.17 plan approved by the department under section 103G.291 prior to 2021. 2.18 EFFECTIVE DATE. This section is effective retroactively from August 1, 2017, and 2.19 is repealed on January 1, 2041. 2.20 Sec. 3. Minnesota Statutes 2020, section 103G.287, is amended by adding a subdivision 2.21 to read: 2.22 Subd. 6. Application. Nothing in this section shall be construed to prevent the 2.23 commissioner from issuing or amending a water -use permit for appropriation from 2.24 groundwater where: 2.25 (1) the application is for a new groundwater well or to increase appropriation amounts 2.26 under an existing permit; 2.27 (2) the applicant is a municipality wholly or partially located within a five -mile radius 2.28 of White Bear Lake; and 2.29 (3) the amount of water to be appropriated under the proposal is consistent with the 2.30 amount anticipated to be needed by the applicant each year as set forth in a water supply 2.31 plan approved by the department under section 103G.291 prior to 2021. Sec. 3. 2 10/26/21 12:43 pm COUNSEL BS/TG SC8746 3.1 EFFECTIVE DATE. This section is effective retroactively from August 1, 2017, and 3.2 is repealed on January 1, 2041. 3.3 Sec. 4. Minnesota Statutes 2020, section 103G.287, is amended by adding a subdivision 3.4 to read: 3.5 Subd. 7. Issuance of certain permits. Notwithstanding any other provision of law, the 3.6 commissioner must issue a water -use permit for appropriation from groundwater that meets 3.7 the criteria of subdivision 6. Nothing in this subdivision shall be construed to prohibit the 3.8 commissioner from imposing conditions on the permit so long as the conditions do not 3.9 prevent the applicant from appropriating the amount of groundwater applied for. 3.10 EFFECTIVE DATE. This section is effective retroactively from August 1, 2017, and 3.11 is repealed on January 1, 2041. 3.12 Sec. 5. Minnesota Statutes 2020, section 116B.03, subdivision 1, is amended to read: 3.13 Subdivision 1. Parties. Any person residing within the state; the attorney general; any 3.14 political subdivision of the state; any instrumentality or agency of the state or of a political 3.15 subdivision thereof; or any partnership, corporation, association, organization, or other 3.16 entity having shareholders, members, partners or employees residing within the state may 3.17 maintain a civil action in the district court for declaratory or equitable relief in the name of 3.18 the state of Minnesota against any person, for the protection of the air, water, land, or other 3.19 natural resources located within the state, whether publicly or privately owned, from 3.20 pollution, impairment, or destruction; provided, however, that no action shall be allowable 3.21 hereunder for any of the following: 3.22 (1) acts taken by a person on land leased or owned by said person pursuant to a permit 3.23 or license issued by the owner of the land to said person which do not and can not reasonably 3.24 be expected to pollute, impair, or destroy any other air, water, land, or other natural resources 3.25 located within the state; provided further that no action shall be allowable under this section 3.26 for 3.27 (2) conduct taken by a person pursuant to any environmental quality standard, limitation, 3.28 rule, order, license, stipulation agreement or permit issued by the Pollution Control Agency, 3.29 Department of Natural Resources, Department of Health or Department of Agriculture; or 3.30 (3) issuance of a groundwater appropriation permit that meets the criteria set forth in 3.31 section 103G.287, subdivision 6, by the Department of Natural Resources. Sec. 5. 3 10/26/21 12:43 pm COUNSEL BS/TG SC8746 4.1 EFFECTIVE DATE. This section is effective retroactively from August 1, 2017, and 4.2 the amendments are repealed on January 1, 2041. 4.3 Sec. 6. Minnesota Statutes 2020, section 116B.10, is amended by adding a subdivision to 4.4 read: 4.5 Subd. 6. Application. No action under this section shall be allowable for the issuance 4.6 of a groundwater appropriation permit that meets the criteria set forth in section 103G.287, 4.7 subdivision 6, by the Department of Natural Resources. 4.8 EFFECTIVE DATE. This section is effective retroactively from August 1, 2017, and 4.9 is repealed on January 1, 2041. 4.10 Sec. 7. ENSURING SUSTAINABLE GROUNDWATER LEVELS IN WHITE BEAR 4.11 LAKE AND RELATED AQUIFERS. 4.12 The commissioner of natural resources, in cooperation with the Minnesota Department 4.13 of Health, the Metropolitan Council, and representatives of east metropolitan area 4.14 municipalities, must explore available options for supplying east metropolitan area 4.15 communities with safe drinking water in a manner that allows municipal growth while 4.16 simultaneously ensuring the sustainability and quality of the state's water resources in and 4.17 around White Bear Lake and neighboring aquifers. By October 1, 2023, the commissioner 4.18 shall report its findings and recommendations to the chairs and ranking minority members 4.19 of the house of representatives and senate committees and divisions with jurisdiction over 4.20 the environment and natural resources. Sec. 7. 4 January February March April May June July August September October November December Total Gallons Pumped 2016 2017 2018 2019 2020 2021 2022 Monthly Totals Monthly Totals Monthly Totals Monthly Totals Monthly Totals Monthly Totals Monthly Totals 45271 47827 54174 47578 43126 44488 43203 42187 42360 50969 42335 41409 39016 39409 44082 43799 55676 47276 43148 41908 48484 45235 52580 45808 44003 41587 65753 56415 77250 57949 61400 66124 82031 84085 77502 78308 74342 112800 99063 93342 89533 78536 81984 110149 78478 75439 99896 78626 87645 93628 56973 74893 67085 61054 71455 64168 46825 49115 48481 50054 52576 49781 40135 41620 43112 43786 41754 40311 49230 52404 46710 44426 42857 41322 698512 706534 762968 675736 685699 745282 DNR Permited Amount 865,000,000 MGY New Single Family Homes 2021 36 Permits 15 Have been turned c C/O 6 are under two months old Mit DEPARTMENT OF NATURAL RESOURCES Water Appropriation Use and Efficiency Profile City of Stillwater The following information provides an overview of water appropriation authorized under DNR water appropriation Permit No. 1975-6207. The population served as of 2020 was 20,131. Average Annual Reported Volume Used • 2011— 2020: 715.93 MGY • 2016 - 2020: 705.89 MGY Authorized permitted volume: 865 MGY Residential and non-residential use • Average percent of non-residential use (2011 — 2020): 23.1% (160 MGY) • Average percent of residential use (2011 — 2020): 76.9% (531.7 MGY) Total and Residential Per Capita Water Use (Average Annual) • 2016 — 2020: 99 Total GPCD; 72 Res. GPCD • 2011— 2020: 103 Total GPCD; 76 Res. GPCD Average annual winter (Jan. and Feb.) vs. summer (July and Aug.) use • Average Winter (2011-2020): 43.5 MG • Average Summer (2011-2020): 92.2 MG • Average Difference between winter and summer months (2011-2020): 48.7 MG or 2.1 times more use in summer months Reported water loss 2011 - 2020 (real losses) • 2020: 49.44 MG (7.2%) • 2019: 2.09 MG (0.31%) • 2018: 67.96 MG (8.9%) • 2017: 4.94 MG (0.7%) • 2016: NR • 2015: 2.79 MG (0.4%) • 2014: 7.47 MG (1.1%) • 2013: 8.12 MG(1.1%) City of Stillwater Appropriation Use and Efficiency Profile, 2022 1 • 2012: 68.5 MG (8.2%) • 2011: 67.26 MG (9.9%) Water conservation and efficiency accomplishments (2017 - 2020) • 2017: NR • 2018: N R • 2019: N R • 2020: 900,000 gallons through 100 single family irrigation controllers Top water users in the city of Stillwater from the most recent Water Supply Plan Organization Volume Used (MGY) Percent Total Water Use Type Category Delivered Hospital Diasorin Junior High School Stillwater Med Linden Health Care 01- 385 Crossing by Grand Stay Good Sam Rivertown Commons River Valley Athletic Greeley Health Care 01- 414 10.06 8.13 3.48 3.45 3.27 2 1.95 1.91 1.76 1.64 1.44 Institutional 1.17 Commercial 0.5 Institutional 0.5 Institutional 0.47 Institutional 0.29 Commercial 0.28 Institutional 0.28 Commercial 0.26 Commercial 0.24 Institutional *37.65 MG used by top water users; represents approximately 5.3% of annual average volume (2011-20) pumped. City of Stillwater Appropriation Use and Efficiency Profile, 2022 2 Sources of Water Aquifer Prairie du Chien -Jordan - St. Lawrence Number of Authorized Average Annual Water Use Average Annual Water Use Active Wells 8 (2016-20) (2011-20) 705.89 MGY 715.93 MGY Water Rate Structure 2015 Residential water rate Base Rate: $20 per quarter • 0 —10,000 gallons: included in base rate • 10,000 or more gallons: $2.20 per thousand in winter (Nov. — April); $2.40 per thousand in May thru Oct. 2015 Commercial water rates No base rate • $2.20 per thousand gallons in winter (Nov. — April) • $2.40 per thousand gallons in summer (May — Oct.) Other communities served None Interconnections • Oak Park Heights: 800 gpm Mount Simon permit condition Not applicable to the city of Stillwater Permit No. 1975-6207 as wells are not constructed in the Mt. Simon aquifer. Questions, Information Gaps, Additional needs • Percent of total or average annual volume appropriated for operational and water treatment processes? City of Stillwater Appropriation Use and Efficiency Profile, 2022 3 Metropolitan Council Water Efficiency Grant Program METROPOLITAN G O U N c I L Overview The Metropolitan Council (Council) will implement a water efficiency grant program effective July 1, 2022 to June 30, 2024. Grants will be awarded on a competitive basis to municipalities that are served by a municipal water system. The Council will provide 80% of the program cost; the municipality must provide the remaining 20%. Municipalities will use the combined Council and municipality funds to run their own grant or rebate programs. Grants will be made available in amounts with a minimum of $5,000 and a maximum of $50,000. Grantees will be required to provide estimated water savings achieved through this program for Clean Water, Land & Legacy Amendment reporting purposes. Legislative Directive - Minnesota 2021 Session Law $625,000 the first year and $625,000 the second year are for the water demand reduction grant program to encourage municipalities in the metropolitan area to implement measures to reduce water demand to ensure the reliability and protection of drinking water supplies. Fiscal year 2022 appropriations are available until June 30, 2023, and fiscal year 2023 appropriations are available until June 30, 2024. Grant Program Goal The goal of the water efficiency grant program is to support technical and behavioral changes that improve municipal water use efficiency in the seven -county metropolitan area. Critical Points to Remember • The applying municipality must be served by a municipal public water supply system • New construction and new developments are not eligible • A portion of each eligible activity's cost must be paid by the property owner • Funds are for rebates or grants only; consulting and city staff time are ineligible • Grant recipients must display the Clean Water, Land and Legacy Amendment logo and the Metropolitan Council logo on program -related web pages and paper communications Grant Program Structure: Administration and Funding The Water Efficiency Grant Program will be administered by Metropolitan Council Environmental Services (MCES) and will be funded with $1,000,000 appropriated by the 2021 Minnesota Legislature. Grant applications will be reviewed and ranked by the MCES Water Supply Planning Unit staff. The remaining $250,000 of this funding has been allocated to a different municipal water efficiency grant project. Grants are only for water efficiency programs offering rebates or grants to property owners who are customers of the municipal water supply system and who replace specified water using devices with approved devices that use substantially less water. 1 Grants will be awarded to municipalities in amounts ranging from $5,000 to $50,000 for providing rebates or grants to property owners. Municipalities will be responsible for the design and operation of their rebate or grant program and its details. Grant payments to the municipality will be for 80% of approved program amounts. The municipality must provide the remaining 20% of the granted/rebated amount to the property owner. Municipality rebates or grants are eligible for reimbursement on device replacements conducted July 1, 2022 through June 30, 2024. Here is an example of the grant funding design: Metropolitan Council Grant Amount Municipality Match Municipality Grant/Rebate Program Total $16,000 (80% of total) $4,000 (20% of total) $20,000 (100% of total) Eligibility This grant program is limited to municipalities in the seven -county metropolitan area. Municipalities eligible per above must apply to participate and, if approved, sign a standard Council Grant Agreement, before any eligible rebates or grants can be submitted for reimbursement. Agreements shall require that municipalities: • Entirely pass through grants received (as is being done by MCES) ■ Verify purchase of devices to receive grants • Retain records and cooperate with any audits • Conduct all communications with property owners and ensure all written communications to property owners include both the Clean Water, Land and Legacy Amendment and the Metropolitan Council's logo • Provide quantitative information for state reporting purposes Eligible water efficiency devices consist of the following: ■ Toilet replacement with a US EPA WaterSense labeled toilet ■ Irrigation controller replacement with a US EPA WaterSense labeled controller, either weather -based or soil moisture -based • Clothes washing machine replacement with a US DOE Energy Star labeled clothes washing machine • Irrigation spray sprinkler body replacement with a US EPA WaterSense labeled spray sprinkler body • Irrigation system audit by an Irrigation Professional certified by a US EPA WaterSense program • Residential dishwasher replacement with a US DOE Energy Star labeled residential dishwasher Expenses eligible for reimbursement are the out-of-pocket cost of the device and its installation only, not to include any owner labor costs. In addition, new construction and new developments are ineligible, as this program is intended as a current infrastructure replacement program. Application Process • Applicants must be served by a municipal public water supply system • Municipalities will submit MCES supplied application form by March 31, 2022. Required information includes: o the municipality's rebate or grant program design and work plan o proposed examples of communications to property owners o requested total grant amount o estimated annual amount of water saved by the applying municipality 2 • Application form is available at: httos://metrocouncil.org/Wastewater-Water/Funding- F i n a nce/Ava ila b l e-Fun di ng-G ra nts. aspx • Submit competed application to: brian.davis@metc.state.mn.us • Metropolitan Council will notify municipalities of grant awards and provide grant agreements by April 29, 2022. Proposal Selection Criteria In the event that funds requested exceed funds available, the following criteria will be used to determine the amount granted to a given municipality: • Municipalities with identified water supply issues in Master Water Supply Plan Community Profiles or Local Water Supply Plans • Municipalities' ratio of peak monthly water use to winter monthly water use • Municipalities' average residential per capita water use • The order in which applications are received and until grant funds are completely committed Funding Process and Reporting Requirements • Utilizing forms provided by MCES, the following information must be reported on a quarterly basis: o Number, type and amount of rebates or grants provided to property owners, along with each property address o Estimated annual gallons of water saved per device installation o Municipality matching funds disbursed o Number of unmet funding requests from property owners, if any • Upon review and confirmation of the above information, MCES will process a grant payment in the amount of 80% of approved total rebates or grants for the reporting period. • MCES will provide confirmation of grant balances available upon request and reserves the right to amend grant agreements, in collaboration with grantee municipality, if quarterly reporting indicates rebate or grant programs will not fully utilize grant awards within the grant period. Qualified Activities • Residential dishwasher replacement with a US DOE Energy Star labeled residential dishwasher: https://www.energystar.gov/products/dishwashers • Toilet replacement with a US EPA WaterSense labeled toilet: https:/llookforwatersense.epa.govjproducts/Product-Search-Results-Toiiets.htmi • Irrigation controller replacement with a US EPA WaterSense labeled controller, either weather -based or soil moisture -based: https:lllookforwatersense.epa.gov/products/Product-Search-Results-IrrigationController. html https://lookfarwatersense.epa.gov/products/Product-Search-Results- SoilMoistureBasedlrrigationController.html • Clothes washing machine replacement with a US DOE Energy Star labeled clothes washing machine: https://www.energystar.gov/productfinderiproduct/certified-clothes-washers/results 3 • Irrigation spray sprinkler body replacement with a US EPA WaterSense labeled spray sprinkler body: https://Iookforwatersense.epa.gov/products/Product-Search-Results-Sprinkler.html • Irrigation system audit by an Irrigation Professionals certified by a US EPA WaterSense program: https: jjlookforwatersense.epa.gov/prod 4