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HomeMy WebLinkAbout5.B.1. Southwest Ground and Surface Water Memorandum of Agreement 5 CITY OF SHAKOPEE Memorandum Crtl‘l CASE NO.: NA ‘td Wts, TO: Mayor and City Council Mark McNeill, City Administrator FROM: R. Michael Leek, Community Development Director SUBJECT: Southwest Ground and Surface Water Memorandum of Agreement (MOA) MEETING DATE: October 4, 2011 REVIEW PERIOD: NA INTRODUCTION: Council is asked to authorize the appropriate City official to execute the attached Memorandum of Agreement regarding the protection and management of the southwest metropolitan area's ground and surface water resources. DISCUSSION: Since 1997 City and Shakopee Public Utilities Commission (SPUC) have participated in the "Southwest Ground Water Work Group." The cities and other agencies in that group have been asked to restate their commitment to addressing ground and surface water issues as described in the attached MOA. The terms of the MOA relate largely to information sharing and encouragement of sound practices, and do not bind the parties to any particular course(s) of action. ALTERNATIVES: 1. Authorize the appropriate city officials to execute the attached MOA regarding ground and surface water management. 2. Table action on this item and direct staff to prepare additional information. STAFF RECOMMENDATION: Staff recommends Alternative No. 1, execution of the MOA by the appropriate city officials. RELATIONSHIP TO CITY GOALS: This item is related to Goal B: Positively manage the challenges and opportunities presented by growth, development and change. ACTION REQUESTED: Authorize the appropriate city officials to execute the attached MOA regarding ground and surface water management. 0 R. Michael Leek Community Development 1 - 1: \CC \2011 \10- 04 \Cround_surface water MOA.docx Page 1 Dakota County Contract #13478 MEMORANDUM OF AGREEMENT #4 PERTAINING TO COORDINATION AND COOPERATION s�"Jj OF ACTIVITIES AND PROGRAMS RELATED TO �J "' ? PROTECTION AND MANAGEMENT OF THE SOUTHWEST METROPOT (JJ AREA'S GROUND WATER AND SURFACE WATER RESOURCES a �� J 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 Agreement hereby agree as follows: I. 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. 1 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 P g , 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. 2 • 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 to the 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. 3 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 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 of 75 gallons per capita per day or less should be set. • 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. • 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 , Y g - 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. 4 4t?.t� it -rg i 1 Date Ci t4 , A4ER Dat ilIPI/A-( --6 i .. 7/z . .) - 1 n (/' ' - r tiiii„ ity of Burn i•lle . r. 7410 / I Mayor, City of Lakeville Date City Clerk - 1 ate • of Lakeville j ..4i..A1. 1._■. - . ' 4 ii■ ..416 SYK/11 Mayor, Ci : ' L, e » ate City ml - 4" Date City o sr Lake 1 I 4 /z i jor gay ■ ayor, City of Savage Bate !!lam! Date k, 1 ity of Savage dh �1�`���q�0( � Mayor, City of Shakopee Date City Clerk Date City of Shakopee President, Shakopee Public Utilities Commission Date Chairman, Shakopee Mdewakanton Sioux Community Date I Director, Division of Ecological and Water Resources Date Minnesota Department of Natural Resources I Regional Administrator, Metropolitan Council Date Chair, Scott County Board of Commissioners Date 1 I I APPROVED AS TO FORM: Chair, Dakota County Board of Commissioners Date I Resolution No. 11 -221 I Q.g Q 6 f 2 i /AO 11 A WANT AKOTA OUNTY ATTORNEY /DATE g - /0 - d5'f 5