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6.2.A&B SR 10-18-2010
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6.2.A&B SR 10-18-2010
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convenience, and the general welfare by such ordinances not inconsistent with the <br />Constitution and laws of the United States or of this state as it shall deem expedient. <br />In the recent year, there has been an increase in the number of private wells drilled within the urban <br />services district where domestic water is available. These private unregulated wells create risk to the <br />integrity and safety of the water system. In order to provide local control over these risks, additional <br />ordinances are needed. Attached are two ordinances that would establish the local control and authority <br />specific for two known threats to the integrity and safety of the domestic water system. The first is a <br />revision to the existing Section 78-51 WATER USE RESTRICTIONS providing a wider scope of <br />authority and enforceability for invoking water use restriction in cases of emergency. This scope would <br />now include private wells within the City. The second is a proposed new ordinance, Section 78-26 <br />PRIVATE WELLS FOR DOMESTIC USE, which would restrict new private wells from being drilled <br />within the City where domestic water is available. The State has just confirmed that the authority to <br />regulate well drilling is that of the City. Attached is a letter from the League of Minnesota Cities which <br />announces this recent State confirmation. <br />FINANCIAL IMPACT <br />When violations of the revised and the proposed sections occur and the civil penalty is applied or <br />misdemeanor offense is pursued, there would be cost associated with City staff time. However, the <br />overall financial impact to the City is believed to be minimal. <br />ATTACHMENTS <br />^ Proposed revision of Chapter 78 UTILITIES Article II WATER SYSTEM Division 5 <br />RESTRICTIONS AND ENFORCEMENT Section 78-51 WATER USE RESTRICTIONS. <br />^ Proposed new Section 78-26 PRIVATE WELLS FOR DOMESTIC USE to Chapter 78 <br />UTILITIES Article II WATER SYSTEM Division 2 CONNECTION TO WATER <br />SYSTEM. <br />Letter from the League of Minnesota Cities "State Confirms City Authority to Regulate Well <br />Drilling", dated October 13, 2010. <br />^ On Friday afternoon City Attorney Peter Beck added an additional alternative ordinance at <br />the request of Utilities Commissioner Dietz. <br />Action Motion by Second by Vote <br />Follow Up <br />
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