HomeMy WebLinkAbout5.B.1. Memorandum of Agreement Relating to Management of Southwest Metropolitan Area's Ground Water and Surface Water Resources 5: la •
CITY OF SHAKOPEE
Memorandum COF
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TO: Mayor & City Council
Mark McNeill, City Administrator
FROM: Bruce Loney, Public Works Director
SUBJECT: 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
DATE: April 19, 2011
INTRODUCTION:
Council is asked to approve the execution of the attached memorandum of agreement
relating to groundwater resources. The Southwest Ground Water Work Group developed
the memorandum. Shakopee Public Utilities Commission (SPUC) has accepted this
document on March 21, 2011.
The first agreement was approved by the City in 2003. This revision changes the
expiration date and a couple of small grammar changes.
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 resources.
2. Do not approve the execution of the Memorandum of Understanding.
3. Table for additional information.
RECOMMENDATION:
Staff recommends Alternative No. 1, approval of execution of the Memorandum of
Understanding pertaining to the protection and management of ground water resources.
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 resources.
Bruce Loney, P.E
Public Works Director
ENGR/2011- PROJECTS /2011- COUNCIL/MOU- GROUND- WATER - RESOURCES
2/7/2011
MEMORANDUM OF AGREEMENT - Update 2011
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 (MC),
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,
Shakopee Mdewakanton Sioux Community (SMSC),
each acting by and through its duly authorized officers.
The parties to this Memorandum of Ageement hereby agree as follows:
INTRODUCTION
The parties agree that addressing the water supply needs of the Southwest Metropolitan
Area (referred to in this agreement as the "Area ") while at the same time protecting
natural resources requires cooperation among all of the above named parties. A
cooperative approach among all of the above named parties 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 of Burnsville,
• 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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II. BACKGROUND
In early 1997, several cities in the southwest portion of the metropolitan area, south of the
Minnesota River, Figure 1, began meeting to discuss the anticipated challenges the
communities may face in obtaining sufficient water to supply projected growth. In
particular, the communities discussed the need for additional water to serve projected
growth and the resulting drawdown of ground water and potential impact this had on
some unique surface water features in the Area. 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. 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.
III. PURPOSE
The purpose of this Memorandum of Agreement is for the Communities and the
Agencies to commit to work together to address the need for a sufficient supply of water
to the Communities while protecting natural resources in the Area. This MOA also seeks
to clarify the roles of the Communities and Agencies in meeting this need.
IV. AUTHORITY
Nothing in this Agreement shall be construed 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.
V. IMPLEMENTATION
The Communities and Agencies 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 this
end, the Communities and Agencies will continue to utilize the SMGWG as a forum for
discussion of sub - regional issues with meetings to be held as necessary. In addition the
designated parties will continue the following work to address the management of the
Area's ground and surface water resources.
Administrative and Regulatory
• The MDNR and the Communities except the SMSC, which is a sovereign nation, will
cooperate on the location of future wells and establish appropriate data collection
program as part of water appropriation permitting.
• Each of the communities except the SMSC, which is a sovereign nation, will
maintain a MDNR - approved water supply plan, developed in accord with Minnesota
Statutes, section 103G.291, subdivision 3 and a Wellhead Protection Plan in accord
with Minnesota Rule 4720, when required.
• Each Community will continue to evaluate opportunities for co- development of
supplies including source sharing, regular and emergency interconnections and other
opportunities.
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• The Communities, MDNR and MC will continue to evaluate source water
alternatives including use of surface waters, inter - community sharing, reuse, and
alternative aquifer use.
• The Communities with input from others will evaluate means and methods to manage
stormwater to encourage groundwater recharge while protecting groundwater quality.
• 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.
• The permitting approach for issuing permits in the Mt. Simon — Hinckley /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 of
the aquifer.
• MC will continue to facilitate the SMGWG through meeting organization,
preparation of agendas and minutes and meeting facilitation.
• Through its ongoing regional water supply planning activities, the MC will seek to
conduct a more thorough assessment of water availability as part of regional
planning.
Water. Resource Information Collection and Sharing
• The Communities will continue to collect information including water levels, water
withdrawal rates, water use and pump tests. The information will be shared with the
communities and others as needed. The information will also be submitted t th
appropriate agency on a periodic basis.
• The Agencies will collect, evaluate and share water resource information including
that collected by the communities and others. The agencies will periodically evaluate
the information to assess the effects of current and projected groundwater
withdrawals on aquifer levels and natural resources including the Savage Fen,
Boiling Springs, Eagle Creek, Minnesota River Valley wetlands, and the Black Dog
Fen.
• Each of the Communities will inform adjacent communities when a new water
supply well is being planned including the proposed location and aquifer that is to be
utilized.
• Each Community proposing new production wells or significant increases in
authorized volumes will coordinate with adjacent local units of governments to
minimize domestic well interferences.
• The Communities and Agencies will share information about high capacity non -
municipal wells that are being installed in the Area.
• The MDNR will continue its data collection programs in the Area, as long as funding
is available.
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Water Conservation
Minnesota Statutes Section 103G.291, subdivision 3(c) requires that public water
suppliers serving more than 1,000 people must employ demand reduction measures 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 unaccountedlunmetered 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 of 75 gallons per capita per day or less should be set,
e Establish water efficient landscaping and practices on public lands and set an
example in the community with water efficient practices in municipal uses.
• 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.
G Work with businesses and industry to lower water use and increase re -use where
possible.
• Consider ordinances to encourage improvements in water use efficiencies and reduce
peak demands to the maximum extent possible. Potential ordinances include, without
limitation:
— time of day lawn watering restrictions,
— limiting lawn watering to a certain number of days per week,
— requiring use of drought tolerant turf and landscaping,
— requirements for soil restoration before establishing new lawns, including
adding 4" or more of top soil and deep tilling of compacted soils following
construction
— prohibiting irrigation of landscape 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.
• Consider establishing limits on the percent of total open space lot area that can be
developed with water intensive landscaping or turf.
VI. 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 may
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 10 years after its effective date. The effective date of the Agreement
is the date on which the Agreement has been fully executed by all of the parties.
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Mayor, City of Burnsville Date City Clerk Date
City of Burnsville
Mayor, City of Lakeville Date City Clerk Date
City of Lakeville
Mayor, City of Prior Lake Date City Clerk Date
City of Prior Lake
Mayor, City of Savage Date City Clerk Date
City of Savage
Mayor, City of Shakopee Date City Clerk Date
City of Shakopee
President, Shakopee Public Utilities Commission Date
Chairman, Shakopee Mdewakanton Sioux Community Date
Director, Division of Ecological and Water Resources Date
Minnesota Department of Natural Resources
Regional Administrator, Metropolitan Council Date
Chair, Scott County Board of Commissioners Date
Chair, Dakota County Board of Commissioners Date
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Participating Communities:
Southwest Metro Groundwater Work Group ;r}
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Figure 1
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