HomeMy WebLinkAbout15.A.1. Agreement Relating to the Protection and Management of Groundwater Resources in the SW Metropolitan Area
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CITY OF SHAKOPEE
Memorandum
CASE NO.: NA COI~SEf~T
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: R. Michael Leek, Community Development Director
SUBJECT: Memorandum of Agreement Relating to the Protection and Management
of Groundwater Resources in the Southwest Metropolitan Area
MEETING DATE: January 6, 2004
REVIEW PERIOD: Not applicable as an application is not pending
INTRODUCTION:
Council is asked to approve the execution of the attached memorandum of agreement relating to
groundwater resources. The Southwest Ground Water Wark Group developed the memorandum.
Shakopee Public Utilities Commission (SPUC) staff and I have been actively participating in that
group since it was first formed in about 1997.
The memorandum is a broad, policy-based first step toward further cooperation and coordination
in protecting and managing water resources. Many of the members of the work group have
approved the memorandum of understanding already.
ALTERNATIVES:
1. Offer and approve a motion directing the appropriate City officials to execute the attached
Memorandum of Understanding pertaining to the protection and management of ground water
supplies.
2. Do not approve execution of the Memorandum of Understanding.
3. Table the matter for additional information.
STAFF RECOMMENDATION:
Staff recommends alternative no. 1, approval of execution of the Memorandum of Understanding
pertaining to the protection and management of ground water supplies.
C:\ WINDOWS\Temporary Internet Files\OLKE311 \GroundWaterMemo.doc 1
ACTION REQUESTED:
Offer and approve a motion directing the appropriate City officials to execute the attached
Memorandum of Understanding pertaining to the protection and management of ground water supplies.
64~~,L
R. Michael Leek
Community Development Director
C:\WINDOWS\Temporary Internet Files\OLKE311 \GroundWaterMemo.doc 2
Draft for final review 9/17/03
MEMORANDUM OF AGREEMENT
PERTAINING TO COORDINATION AND COOPERATION
OF ACTIVITIES AND PROGRAMS RELATED TO
PROTECTION AND MANAGEMENT OF THE SOUTHWEST METROPOLITAN
AREA'S GROUND WATER AND SURFACE WATER RESOURCES
This Memorandum of Agreement (MOA) is entered into by and among the following parties:
Minnesota Department of Natural Resources (MDNR),
Metropolitan Council (Me),
Dakota County,
Scott County,
City of Burnsville,
City of Lakeville,
City of Prior Lake,
City of Savage,
City of Shakopee and the Shakopee Public Utilities Commission,
Credit River Township, and
Shakopee Mdewakanton Sioux Community (SMSC),
each acting by and through its duly authorized officers.
The parties to this Memorandum of Agreement hereby agree as follows:
I. INTRODUCTION AND BACKGROUND
The parties agree that addressing the water supply needs of the Southwest Metropolitan
Area (referred to in this agreement as the "Area") while protecting surface water features
requires cooperation among all interested parties. A cooperative approach to both
technical and institutional issues related to water quantity, water quality, and data
gathering and management is necessary to ensure the long-term viability of the Area.
The following parties to this agreement are served by municipal water supplies and will
be referred to herein as the Communities:
. City ofBurnsville,
. City of Lakeville,
. City of Prior Lake,
. City of Savage,
. City of Shakopee and the Shakopee Public Utilities Commission, and
. the Shakopee Mdewakanton Sioux Community (SMSC).
Dakota County, Scott County, the Minnesota Department of Natural Resources
(MDNR), and the Metropolitan Council (MC) will be referred to in this agreement as the
Agencies.
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Credit River Township is also a party to this agreement but is not defined as either one
of the Communities or one of the Agencies for the purposes of this agreement.
The parties will encourage other interested public and private entities to continue their
participation in discussions and planning relating to the protection and management of
the Area's ground and surface water resources.
In early 1997, several cities in the southwest portion of the metropolitan area, south of
the Minnesota River began meeting to discuss the anticipated challenges the
communities may face in obtaining sufficient water to supply projected growth. In
particular, the communities addressed the need for additional water resulting from or
related to the drawdown of ground water in the Area and the impact this had on some
unique surface water features in the Area. The area of concern includes all the area
within the Communities and Credit River Township. However, the surface water
features of concern were primarily wetlands, streams and springs in the Minnesota River
Valley. The Southwest Metro Ground Water Work Group (SMGWG) was formed in
April 1997 to serve as a forum to discuss the issues facing the Communities and the
Agencies. A Management Plan (Attachment I) was prepared in 2002 outlining the
group's history, accomplishments, and needs for the future. Attachment I is incorporated
herein as if fully set forth. The SMGWG has served as a forum for sharing of
information and discussion of each community's development of plans for supplying
water while protecting surface water features.
II. PURPOSE
The purpose of this Memorandum of Agreement is for the Communities, Credit River
Township, and the Agencies to commit to work together to address the need for a
sufficient supply of water to the Communities and Credit River Township while
protecting natural resources in the Area. This MOA also seeks to establish a minimum
set of water conservation and development standards that the parties will strive toward
implementing and the respective roles and responsibilities of the parties in that endeavor
consistent with their statutory responsibilities and authorities.
III. AUTHORITY
Nothing in this Agreement shall be constructed to modify, amend, or alter any statutory
authority or legal obligations or responsibilities of the parties. In addition, each party's
activities and obligations under this agreement are expressly subject to the availability of
appropriated or budgeted funds to the party. This Memorandum of Agreement is only
intended to facilitate cooperative implementation of statutory requirements and efforts.
IV. IMPLEMENTATION
The Communities, Agencies, and Credit River Township fully support the concepts of
cooperation and coordination and are committed to developing efficient mechanisms to
address the water supply needs of the Southwest Metro area while protecting natural
resources. To advance this effort, the Communities, the Agencies and Credit River
Township will continue to participate in the SMGWG. Specific needs and
recommendations are contained in the Management Plan. Through the SMGWG, the
Draft for final review 9/17/03
parties will strive to meet the following general needs and goals. (In each case, those
parties currently involved in the activities are indicated.)
. Collect and evaluate additional water resource information including, pump test data,
water level measurements, surface water measurements, and ground water
withdrawals to better assess the effects of pumping on surface water features such as
Savage Fen, Boiling Springs, Eagle Creek, Minnesota River Valley wetlands, Black
Dog Fen and the potential impact on other water bodies - Ongoing activity involving
the MDNR, MC and the Communities.
. Continue to evaluate source water alternatives including intercepting quarry water,
use of surface waters, inter-community sharing, and alternative aquifer use -
Ongoing activity involving the Communities and Credit River Township with
assistance from MDNR and MC.
. Evaluate means and methods to minimize the impact of increased impervious surface
on ground water recharge and surface water flow - Ongoing activity involving the
Agencies, Communities, and Credit River Township
. Continue to implement conservation and demand reduction practices and strive to
maintain or reduce overall and residential per capita demand -hnplementation by the
Communities with oversight and input by MDNR and MC to the extent of their
statutory authority and responsibility
. Continue to utilize the SMGWG as a forum for discussion of sub-regional issues
with meetings to be held as necessary - facilitated by MC with participation of
involved parties
. Explore potential funding sources for regional data collection and evaluation efforts,
and for alternative source and interconnection evaluation - Agencies, Communities,
Credit River Township and other interested entities
V. WATER CONSERVATION
Minnesota Statutes section 103G.291, subdivision 3(b) requires that public water
suppliers serving more than 1,000 people must employ demand reduction measures that
include evaluation of conservation rate structures and a public education program prior
to requesting approval to construct a water supply well or an increase in the authorized
appropriation volume. In addition to these requirements, the Communities agree to work
toward the following conservation goals and applicable measures.
. Keep unaccounted/unmetered water demand below 10% and try to lower it whenever
possible.
. Maintain or reduce both overall and residential per capita demand. A goal for
residential demand of75 gallons per capita per day or less should be set.
. Establish water efficient landscaping on public lands and set an example in the
community with water efficient practices in municipal uses.
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. Provide customers with information on the benefits of conservation and how they
can reduce water use. Start education efforts related to lawn watering before the
season begins and continue throughout the irrigation season.
. Work with businesses and industry to lower water use and increase re-use where
possible.
. Implement conservation rate structures and ordinances to encourage improvements
in water use efficiencies and reduce peak demands to the maximum extent possible.
Ordinances that should be considered include, without limitation: time of day lawn
watering restrictions, limiting lawn watering to a certain number of days per week,
requirements for soil moisture meters or rain sensors that prevent the operation of
systems after an adequate amount of water has accumulated, use of drought tolerant
turf, requirements for 4" or more of black dirt on sandy soils before establishing new
lawns, prohibiting irrigation oflandscape strips that are less than eight feet wide,
prohibiting water waste or runoff from irrigation systems, and establishing a
minimum number of trees based on lot size.
. hnplement development approval provisions to minimize large open spaces that
include water intensive landscaping or turf. Consider establishing limits on the
percent of total open space lot area that can be developed with water intensive
landscaping.
Credit River Township will also consider promoting these conservation goals and
measures to the Township's residents.
Each of the Communities, except the SMSC, which is a sovereign nation, will agree to
the following:
. To determine the location of future wells in consultation with the MDNR;
. To have a MDNR-approved water emergency and conservation plan, developed in
accord with Minnesota Statutes, section 103G.291, subdivision 3, and water supply
plan in accord with section 473.859, subdivision 3(4), updated as required; and
. To work with the MDH on a Wellhead Protection Plan when required.
The designated parties agree to the following where applicable:
. Each of the Communities will inform adjacent communities when a new water
supply well is being planned. This will include the proposed location and aquifer
that is to be utilized. c
. Each party with authority for land use planning will encourage designs in their land
use decisions and development requirements, to the extent feasible, that promote
infiltration of storm water, in order to maintain ground water recharge. ,.
. Each party will share ground water monitoring and modeling information and results
with others conducting modeling efforts with the goal of developing and utilizing a
standard set of modeling assumptions for the Area.
VI. SPECIFIC RESPONSIBILITIES
Specific responsibilities for each of the Communities and each of the Agencies are listed
below.
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1. Burnsville
The City ofBurnsville will work with the MDNR to protect the hydrologic integrity of
the Black Dog Fen from further degradation. The city will continue its discussion with
Savage on the possibility of jointly developing water supply sources.
2. Lakeville
The City of Lakeville will remain a possible source of water to supply neighboring
communities, as long as it can maintain sufficient volume to make this a viable option
without adversely impacting other groundwater users.
3. Prior Lake
The City of Prior Lake will continue to work with the MDNR on monitoring the two
Jordan observatipn wells associated with city well #6 and assessing the information to
site additional wells.
4. Savage
The City of Savage will continue to implement its prior agreement with the MDNR to
develop the city's supply system through calendar year 2008. Part of the city's effort
may include negotiating with adjacent communities to enter into a cooperative
arrangement for the development of a supplemental water supply. The city will work
with the MDNR to develop additional water capacity from sources that do not adversely
affect the Savage Fen. The city will continue to size pipes in the vicinity of its
neighboring communities such that interconnections can be made to exchange water if it
is ever desired to do so.
5. Shakopee Public Utilities Commission (SPUC) and the City of Shakopee
The City of Shakopee will work with its Public Utility Commission to assure that an
adequate supply of water exists prior to approval of new areas for development.
SPUC will develop its well system in accord with a plan agreed upon with the MDNR.
SPUC will continue to evaluate interconnection possibilities as its supply lines reach
closer to adjacent communities.
6. Shakopee Mdewakanton Sioux Community (SMSC)
The SMSC will continue to participate with SMGWG in studying, developing and
protecting the ground water resource and in examining potential sharing opportunities.
The SMSC will implement water-conserving measures where appropriate.
7. Dakota County
Dakota County will continue to participate with SMGWG communities and agencies in
studying, developing and protecting ground water and surface water resources. Dakota
County will assist in the use of its ground water model by parties to this MOA.
Recognizing that Dakota County has limited land use authority (i.e., only in rural
Draft for final review 9/17/03
shore land areas), Dakota County will encourage wise use and conservation of ground
water, including following the State and local delegated well regulations. Dakota
County will encourage the use of water conservation concepts/techniques by cities,
townships, and watershed organizations during plat review processes and other
appropriate document reviews.
8. Scott County
Scott County will consider establishing permitting authority, possibly as part of the plat
review requirements, of new well construction in townships for private wells and/or
community well systems. The County will consider requiring a minimum well depth so
as to minimize well interference and 'out of water' events. The County will also
consider requiring backflow prevention and that a minimum set of water conservation
standards be met prior to plat approval.
9. Minnesota Department of Natural Resources (MDNR)
i. The MDNR will act in a timely manner on all permit requests, while fulfilling its
Legislative mandate to be the State's agent in protecting its waters. The MDNR will
apply the same scrutiny to permitted private water users as it does to the public systems
in the study area.
ii. The MDNR will work with each water supplier and with the SMSC, if requested, to
develop a framework agreement on how the water supply systems will be. developed.
These agreements will form the basis for permitting through the Water Appropriation
process. The MDNR will support a flexible approach geared to achieving a goal of
ground water protection and long-term reasonable use.
iii. The MDNR Division of Waters will coordinate internal DNR interests in developing
the agreement referenced in the immediately previous paragraph such that only a single
MDNR position is formulated.
iv. The MDNR will consider the establishment of "allowable volumes" from select
aquifers and, if allowed, will respond to community proposals on how this volume can
best be developed.
v. The MDNR will continue its basic data collection programs in the Area, as long as
funding is available. The MDNR will work with the Communities to establish the data
collection program for new wells.
vi. The permitting approach for issuing permits in the Mt. Simon-Hinkely Aquifer will
be in accord with the MDNR guidelines developed in 1998 in response to legislation
requiring protection of the that aquifer. The MDNR will work with the aquifer's users to
collect data and monitor application of the guidance to assure the integrity ofthe aquifer.
vii. The MDNR will work with parties interested in proposing legislation to support
funding for cooperative solutions to this Area's water problems. This effort would
reflect items of regional interest.
Draft for fmal review 9/17/03
viii. The MDNR will evaluate well interferences in accordance with Minnesota Rules,
part 6115.0730. Municipalities proposing new production wells or significant increases
in authorized after volumes will coordinate with adjacent local units of governments to
minimize domestic well interferences. When requested, the MDNR will provide
information to prospective new domestic well owners so the likelihood of well
interference with permitted wells can be minimized.
ix. The DNR will work with the Metropolitan Council and the Communities to define
minimum conservation measures that all communities need to adopt as part of their
framework agreements. These minimum elements would be adopted in the next iteration
of the community's water conservation and emergency plan and also be part of any new
or amended permits.
10. Metropolitan Council (Me)
i. MC will continue to facilitate the SMGWG, including coordination of special projects
such as the Scott County groundwater modeling currently underway, as agreed by the
participants.
ii. MC will maintain the ground water model currently being used and facilitate future
model developments to evaluate alternative ground water scenarios. When requested,
through the use of models, the MC will assist the Communities and Credit River
Township in their efforts to assess and minimize potential impacts of the future
appropriation of the water necessary.to support their planned growth.
iii. MC will seek opportunities to incorporate a more thorough assessment of water
availability and a community's water supply plan prior to extending municipal services.
iv. MC will work with the MDNR on developing new water supply plan guidelines for
the next iteration of community plans.
VII. PRIMARY CONTACTS
The parties intend that the work under this MOA shall be carried out in the most efficient
manner possible. To that end, the parties hereby designate the following individuals who
will serve as the primary contacts between the parties. The parties intend that, to the
maximum extent possible, all significant communications between the parties shall be
made. through the primary contacts. However, nothing in this agreement shall be deemed
to authorize the primary contacts to modify, or execute amendments to, this agreement
on behalf of their respective organizations. The primary contacts are as follows:
Minnesota Department of Natural Resources - Pat Lynch
Metropolitan Council- Chris Elvrum
Dakota County - Bill Olsen
Scott County - Al Frechette
City of Burnsville - Paul Ohme
City of Lakeville - Keith Nelson
City of Prior Lake - Bud Osmundson
City of Savage - Garry Larson
City of Shakopee - Michael Leek
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Shakopee Public Utilities Commission- John Crooks
Credit River Township - John Kane
Shakopee Mdewakanton Sioux Community - Scott Walz
Any party may modify its designation of it primary contact by written notice to the other
parties.
VIII. MODIFICATION, TERMINATION AND EXPIRATION
This Agreement shall become effective upon execution by all parties and shall remain effective
until terminated. This Agreement may be amended upon the mutual agreement of all of the
parties, and only by a written amendment executed by duly authorized representative of all the
parties. Any of the parties may terminate its participation in this Agreement, by a written
notification to the other parties specifying the termination date and issued by the terminating
party not less than 30 calendar days before the specified termination date. This agreement ma
also be terminated by the mutual agreement of all the entities that remain parties to the agreement
at the time of the termination. Unless earlier terminated as provided above, this agreement shall
terminate 6 years after its effective date.
Commissioner Date
Minnesota Department of Natural Resources
Chair Date
Metropolitan Council
Mayor Date
City of BurnsvilIe
Mayor Date
City of Lakeville
Mayor Date
City of Prior Lake
Draft for fmal review 9/17/03
Mayor Date
City of Savage
Mayor Date
City of Shakopee
President Date
Shakopee Public Utilities Commission
Council Member Date
Shakopee Mdewakanton Sioux Community
Board Member Date
Credit River Township
Chair Date
Dakota County Board of Commissioners
Chair Date
Scott County Board of Commissioners
BOARD AGENDA - DECEMBER 16,2003 Page 10f2
AGENDA # 6.1
SCOTT COUNTY, MINNESOTA
REQUEST FOR BOARD ACTION
MEETING DATE: December 16, 2003
ORIGINATING Community Development CONSENT Ilr Yes IIp; No I
DIVISION: AGENDA:
IDEP ARTMENT:IIEnVironmental Health IIATTACHMENTS:lllr Yes lip- No I
ACTION Approve Memorandum of Agreement with other members of the Southwe~
REQUESTED: Metro Groundwater Work Group related to ground water conservation
CONTRACT/ r County Attorney Review FISCAL IMPACT: IfYi None I
POLICY/ r Risk Management Review lr Amount in budget I
GRANT:
(if necessary) r Budget Amendment Req.
r Other 1
DEPARTMENT/DIVISION HEAD I COUNTY ADMINISTRATOR SIGNATURE
SIGNATURE:
I II
I Approved:11 IIDISTRIBUTION/FILlNG INSTRUCTIONS:
I Denied:\! I Community Development, Natural Resource~
I Tabled:11 I Environmental Health
I Other:11 I
Recording I I
Secretary:
I Date:11 I
I RBA #:\12003- 490 I
Background! Justification:
This is action is to approve a Memorandum of Agreement with the other members of the
Southwest Metro Groundwater Work Group: Minnesota Department of Natural Resource~
(MDNR), Metropolitan Council (MC), Dakota County, City of Burnsville, City of Lakeville,
City of Prior Lake, City of Savage, City of Shakopee and the Shakopee Public Utilities
Commission, Credit River Township, and Shakopee Mdewakanton Sioux Community
(SMSC). The MOA pertains to coordination and cooperation of activities and programs
related to protection and management of the southwest metropolitan area's ground water
and surface water resources. The MOA establishes a commitment among the parties to
http://www.co.scott.mn. us/xpedio/ groups/public/documents/web _ fileslbp _ 007131-23.hcsp 12/2212003
BOARD AGENDA - DECEMBER 16,2003 Page 2 of2
work together to address the need for a sufficient supply of water to the Communities anc
Credit River. This MOA also seeks to establish a minimum set of water conservation and
development standards that the parties will strive toward implementing and the respectivE
roles and responsibilities of the parties in that endeavor consistent with their statutory
responsibilities and authorities. Specifically, Scott County will consider establishing
permitting authority, possibly as part of the plat review requirements, of new well
construction in townships for private wells and/or community well systems. The County w
consider requiring a minimum well depth so as to minimize well interference and 'out of
water' events. The County will also consider requiring backflow prevention and that a
minimum set of water conservation standards be met prior to plat approval.
Most of the other members have already signed the MOA.
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http://www.co.scott.mn.us/xpedio/groups/public/documents/web _ fileslbp _ 007131-23 .hcsp 12/2212003
REGIONAL GREENWAY COLLABORATIVE
Proposed Vision and Implementation Strategy 12/22/03 version
I. Vision statement
The greater Twin Cities Metropolitan Area is successful in protecting, restoring, connecting, and
managing a green network comprised of significant ecological areas, important open spaces,
recreational areas, and working lands. By virtue of its size, quality and connectivity, this land
and water network sustains and improves water and air quality, wildlife habitat, and ecological
functions and diversity, while contributing to the economic well-being, health, education, and
enjoyment of people.
II. Proposed Implementation Strate2V
Goal 1. PUBLIC AWARENESS & LEADERSHIP. People actively support the green
network.
Objective A. The public and organizations (which organization are we talking about; private
business, non-profits, government) are aware and supportive of the green network.
Obj ective B. People in leadership positions advocate for implementation of the green network.
Objective C. Sound fiscal and economic arguments and data on benefits are developed and
effectively used to support the green network.
Goal 2. COOPERATION. Participants effectively cooperate, communicate, and increase
commitment to achieving the vision.
Obj ective A. The Regional Greenway Collaborative vision and implementation strategy guide
individual and collective work.
Objective B. Current and new partners are supportive of and engaged directly in the green
network collaborative.
Objective C. The Regional Greenway Collaborative organizational structure facilitates
effective coordination and targeted, cooperative accomplishments.
Objective D. Opportunities are cultivated in partnering with advocates of working land
conservation, alternative transportation, and others with mutual goals.
Goal 3. FUNDING. Adequate, stable and diverse funding sources are established and
increased to support the protection, restoration, connection, and management of
the green network.
Objective A. Local funding for the green network is increased.
Objective B. State and Metropolitan Council funding for the green network is increased.
Objective C. Federal funding for the green network is increased.
1
Objective D. Non-traditional funding, including private and voluntary contributions, for the
green network is increased.
Goal 4. LAND & WATER PROTECTION. Priority areas of the green network are
permanently protected.
Obj ective A. Regionally significant ecological areas are permanently protected.
Objective B. Locally identified ecological areas are permanently protected.
Goal 5. RESOURCE MANAGEMENT. Natural resources in the green network are
managed, restored, and enhanced.
Obj ective A. Important ecological areas and buffering lands are restored and managed for their
ecological functions and multiple benefits.
Objective B. Degraded habitats that could serve as ecological linkages are restored for multiple
benefits.
Objective C. Conservation of natural resources and the green network are monitored.
Goal 6. RECREATION & EDUCATION. Ecologically sustainable recreation, outdoor
education opportunities, and public access where appropriate are provided within
the green network.
Objective A. The green network builds on and augments the existing park, recreation, and
outdoor education systems to meet current and future demand.
Objective B. Residents and visitors have convenient opportunities to utilize the natural
resource-based parks and open spaces and learn about ecological processes.
Objective C. Urban and suburban green spaces, historic landscapes, and other cultural
landscapes contribute to the green network.
Goal 7. PLANNING & DEVELOPMENT. Public and private development,
redevelopment, and land use decisions are implemented in ways that sustain the
green network.
Objective A. Local decision makers have the knowledge, capability, and commitment to
integrate sound natural resource conservation into their land use strategies.
Objective B. Local and regional government, agencies and businesses have adopted and are
implementing plans, regulations, and operations that support the green network.
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