ERMUSR Other Business 10-12-2010i
v~.~,~ \7,.- ~
FW: News Page 1 of 2
FW: News
Berg, David
Sent: Tuesday, October 12, 2010 1:35 PM
To: peter beck [peter.beck@gpmlaw.com]
Cc: Johnson, Lori
Peter -
Attached is an email we received from Jennette Behr with a go ahead on the well drilling ordinance. We have a
potential well driller for another association in the near future. So this will be time sensitive. If you could please
look this over and we will be discussing this topic tonight at the commissioner meeting.
Thanks!
David Berg ~ Elk River Municipal Utilities i 13069 Orono Parkway PO Box 430i Elk River, MN 55330
763.441.2020 Office i 763.441.2276 Fax ~ 763.635.1361 Direct Phone ~ www.elkriverutilities.com
__
From: Behr, Jeanette [JBehr@Imc.org]
Sent: Monday, October 11, 2010 3:13 PM
To: Berg, David
Subject: RE: News
Hi David,
You can immediately take action on this if your city either regulate wells under your city zoning code or if your city
has an ordinance the prohibits private wells everywhere in the city (or in certain areas). If your city currently has
neither I would suggest you contact the city attorney for advice on getting either an ordinance passed as soon as
possible that addresses private wells - or an amendment to the zoning code in your city that addresses private
wel Is.
I hope that helps. Thank you for contacting the League of Minnesota Cities.
Jeanette Behr ~ Staff Attorney
Tel: 651.281.1228 ~ Fax: 651.215.4128
ibehrCcrjlmc.ora i www.lmc.ora
League of Minnesota Cities
145 University Avenue West ~ St. Paul, MN 55119
Stay connected with the League of Minnesota Cities:
Web ~ Facebook Twitter Bloa
Please note, this information is not legal advice and is not a substitute for competent legal guidance. Consult your
attorney concerning specific legal situations.
From: Berg, David [mailto:dberg@elkriverutilities.com]
Sent: Monday, October 11, 2010 3:06 PM
To: Behr, Jeanette
Subject: RE: News
Thanks for the information. We currently have another association asking for well driller bids. Is this stance
taking effect immediately? Or is this something we will have regulation over on a specified date?
Thanks,
https://mail.ci.elk-river.mn.us/owa/?ae=Item&t=IPM.Note&id=RgAAAACp409EiMOG... 10/ 12/2010
__ _ __
FW: News
Page 2 of 2
David Berg I Elk River Municipal Utilities 1 13069 Orono Parkway PO Box 4301 Elk River, MN 55330
763.441.2020 Office ~ 763.441.2276 Fax ~ 763.635.1361 Direct Phone ~ www.elkriverutilities.com
_ _
_.__
From: Behr, Jeanette []Behr@Imc.org]
Sent: Monday, October 11, 2010 12:29 PM
To: Berg, David
Cc: Ruth Hubbard
Subject: News
Dear David and Ruthie,
The response from the Minnesota Department of Public Health (MDH) is that no more letters will go out from the
department challenging city authority to regulate wells by ordinance. This will not be an official written policy but it
is, nevertheless, now the policy for MDH. This is a dramatic change from previous practice.
MDH is also interested in assisting the League of Minnesota Cities with developing a model ordinance. The
department points out that a model ordinance should set out exceptions for certain types of wells that still must be
allowed in a city (for example, monitoring wells). And the ordinance must not regulate construction, maintenance
or sealing of wells -all of which remain subject to MDH regulation. (This includes topics such as well driller
licensing, registration and certification; well construction and use; water supply wells; dewatering wells; monitoring
wells; vertical heat exchangers; elevator borings; and environmental bore holes. See Minn. Rules ch. 4725.) Stay
tuned for more information on a model ordinance.
Thanks to Craig Johnson, Intergovernmental Relations Representative with the League, for all his work on this
issue. Let me know if you have questions or concerns.
Jeanette Behr 1 Staff Attorney
Tel: 651.281.1228 1 Fax: 651.215.4128
ibehraC"21mc.org 1 www.lmc.orc
League of Minnesota Cities
145 University Avenue West ~ St. Paul, MN 55119
Stay connected with the League of Minnesota Cities:
Web ~ Facebook Twitter Bloa
Please note, this information is not legal advice and is not a substitute for competent legal guidance. Consult your
attorney concerning specific legal situations.
https://mail.ci.elk-river.mn.us/owa/?ae=Item&t=IPM.Note&id=RgAAAACp409EiMOG... 10/12/2010
Revisions to Water Use Page t of 1
Revisions to Water Use
Berg, David
Sent: Tuesday, October 12, 2010 1:20 PM
To: dtraut@trautwells.com; Roger E. Renner [rerenner@ehrenner.coml
At our most recent Elk River Municipal Utility Commissioner meeting (9-15-2010) there was opposition in regards to
the City/Utilities mandating water restrictions with watering rules on the basis of misinformation. After some
clarification and further research into the topic, it was found that private well usage cannot be mandated, for that I
am sorry for the misinformed stance that was taken. It is our hope that community water users, private and city
water users alike will understand our efforts to conserve our limited resource.
Thank you for your time & be sure to contact me with any questions.
David Berg ~ Elk River Municipal Utilities ~ 13069 Orono Parkway PO Box 430 Elk River, MN 55330
763.441.2020 Office ~ 763.441.2276 Fax ~ 763.635.1361 Direct Phone ~ www.elkriverutilities.com
https://mail.ci.elk-river.mn.us/owa/?ae=Item&t=IPM.Note&id=RgAAAACp409EiMOG... 10/ 12/2010