4.1. ERMUSR 11-16-2010Elk River;::
Municipal Utilities
Memorandum
To: Elk River Utilifies Commission
Jobn Dien
JerryGmuphrty
DarylThompson
From: David Berg
Date: 11/16/10
Subject: Private Well-Update
A representative from The League of Minnesota Cities will be giving us material to fiuther explain
some issues on the well drilling issue. They do know that other water suppliers have utilized the
recent change ofj urisdiction with wells. In the near future they will be willing to make a
presentation for a meeting to address any questions the utility or residents may have on the topic. It
would be nice to hold out for more information on the matter, as some items are still being brought
to finalization. I have recently worked with Minnesota Rural Water to gain knowledge and be
collaborative on the concerns with private wells in the short and long term future. Attached is a
document pertaining to the concerns of continuous private well drilling where there is already
inf astructure in place to service residents with water.
Concerns We Should Have On Primate Wells
] . Wells, by their nature, can act as direct conduits for
contamination to reach the city's drinking water supply aquifer in
the event that they are poorly maintained or constructed
2. Withdrawals from additional high capacity wells within the city
boundaries may lower the static water levels in the aquifer used to
provide the city's drinking water. This could potentially decrease
the efficiency or productivity of existing municipal wells, resulting
in additional costs to the utility and customers. This is primarily
relevant for high capacity wells constructed in the same aquifer as
the public water supply wells.
Pumping by other high capacity wells may cause changes in local
groundwater flow regimes, which in turn may aggravate existing
groundwater contamination plumes and potentially degrade the
city's drinking water
aquifer.
4. Additional high capacity wells pumping large volumes of water
may also change the boundaries of the public water supply's
wellhead protection areas and drinking water supply management
areas. The city has adopted and the state has approved the existing
protection areas and wellhead protection plan. The city's wellhead
protection plan involved a significant planning effort at
considerable cost. Pumping by high capacity wells may impact the
boundazies of the approved protection areas, making it necessary
for the city to re-delineate those boundaries and amend its
wellhead protection plan, diverting resources away from important
implementation efforts.
The ERMU invests large amounts of its budget to install and
maintain the water system infrastructure for those within its service
area. If property ctivners are permitted to drill wells (especially
high capacity wells) to supply water for business or personal use, the
city may lose a large percentage of its annual utility revenue that
would impact the annual budget.
6. Public water supply systems in Minnesota are legislatively
mandated to conserve groundwater and promote the sustainability
of this resource. In the event that private property owners within
the existing ERMU water service area are allowed to construct
wells for the purpose of domestic, irrigation, or business-use the
effect will be an inconsistent application of groundwater
enforcement and sustainability mandates and the circumvention of
efforts by ERMU to comply with the state conservation mandates.
7. Pumping water for non-potable use should not be acceptable
when it presents a risk to drinking water availability or
circumvents efforts by the State of Minnesota to conserve
groundwater.
• ORDINANCE NO. 10-20
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING SECTION 78-51
OF THE CITY OF ELK RIVER CODE OF ORDINANCES RELATING TO
WATER USE RESTRICTIONS
Findings of Fact
The City Council of the City of Elk River finds that it is necessary, from time to
time, to impose restrictions on the use of water within the City to ensure adequate water
supplies to meet the health, safety and welfare needs of the City and its residents.
The City Council further finds that it is necessary to apply these water restrictions
to all properties within the City, whether those properties are served by the City water
system or by private wells, because private wells typically draw from the same aquifers
as the City water system and because it is necessary for enforcement purposes to have
uniform restrictions throughout the City.
THEREFORE, the City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Section 78-51, entitled Water Use Restrictions, of the Elk
River City Code of Ordinances, shall be amended to read as follows:
Section 78-51. Water Use Restrictions.
The Public Utility Commission of the City is hereby authorized to invoke water
usetestrictions incases of emergency to ensure adequate water supplies to meet
the health, safety, and welfare needs of the City and its residents. Such water use
restrictions shall be invoked by resolution of the Public Utility Commission, and
shall take effect immediately upon adoption of such resolution. The Public Utility
Commission may desienate delegate its general manager or water superintendent
authority to impose temporary water use restrictions until the commission can
meet to consider a resolution. The penalties imposed below in Section 78-52 may
be invoked upon publication of the resolution imposing restrictions ~~.~.-~=ro?.o-~~
legal-pel~.
1. That this Ordinance shall take effect upon publication as provided by law.
• ORDINANCE NO. 10-21
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER AMENDING CHAPTER 78
OF THE CITY OF ELK RIVER CODE OF ORDINANCES TO ADD NEW
SECTION 78-26 PROHIBITING PRIVATE WELLS FOR DOMESTIC USE ON
PROPERTIES WITHIN THE CITY SERVED BY THE CITY WATER SYSTEM
Findings of Fact
The City Council of the City of Elk River finds that it is necessazy, to protect the
integrity of the City Water Utility and to enswe adequate water supplies to meet the
health, safety and welfare needs of the City and its residents, to prohibit the installation of
Private Wells for Domestic Use on properties served by the City water system.
THEREFORE, the City Council of the City of Elk River does hereby ordain as follows:
Section 1. That Chapter 78 of the Elk River City Code of Ordinances shall be
amended to add new Section 78-26 as follows:
r Section 78-26. Private Wells for Domestic Use.
• a. The installation of new Private Wells for Domestic Use on any property to
which City Water Utility Service is available, other than wells which serve a
single buildable Lot (as defined in this Code), is prohibited, subject to the
exceptions set forth in Section 78-26 (c).
b. Private Wells for Domestic Use in existence on October 18, 20]0, and
Private Wells for Domestic Use installed subsequent to October 18, 2010 on
properties to which City Water Utility Service is not available at the time of
installation, may remain in use provided they comply with all applicable
regulations, including but not limited to 42 USCS §300f - 300j-26 and Minn.
Stat. §§144.381 to 144.387.
c. "Private Wells for Domestic Use" shall mean any well not owned by the
City Water Utility which is drilled or installed for potable water or irrigation
purposes. "Private Wells for Domestic Use" shall not include wells drilled for
such purposes as dewatering, groundwater monitoring, heating or cooling,
elevator borings or environmental bore holes.
Section 2. That this Ordinance shall take effect upon adoption.
•
•
Passed and adopted by the City Council of the City of Elk River this 18th day of October,
2010.
Steph ie Klinzing
Mayor
Attest: .'~
Tina Allazd
City Clerk
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