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/i <br />Elk River <br />Municip al Utilitie s <br />13069 Orono Parkway <br />Elk River, MN 55330 <br />September 6, 2006 <br />To: Elk River Municipal Utilities Commission <br />Jerry Takle <br />Jim Tralle <br />John Dietz <br />From: Bryan Adams <br />Subject: Conservation & Emergency Plan <br />~- phone: 763.441.2020 <br />Fax: 763.941.8099 <br />At our August 22, 2006 Elk River Municipal Utilities Commission meeting, the issue of ISD 728 <br />utilizing existing or drilling new wells for lawn irrigation was discussed. The question is can a <br />property owner construct and use a well when Municipal Water System is available to the <br />property and where local ordinances prohibit such activity? The state plumbing code requires all <br />buildings that have Municipal Water available to cormect for domestic use. The plumbing code <br />does not address irrigation wells. Minnesota Statutes 103I.111 allow construction of wells and <br />takes precedence over local ordinances prohibiting well construction. This statue is attached for <br />your reference. In the case for irrigation use, the MDH issues the construction permit and the <br />DNR issues the ground water withdraw appropriation if greater than 1,000,000/year. After <br />numerous conversations with MDH &DNR personnel, it became obvious that not many of these <br />people were aware of this statues and how it complicates the required Wellhead Protection Plan <br />and Conversations & Emergency Management Plan. Discussion continues with the DNR as to <br />the appropriate appropriation level of ground water withdrawal. <br />On another related issue, the DNR is requiring us to amend our Water Emergency and <br />Conservation Plan because we have requested an increase in withdraw appropriation from 875 <br />million gallons/year (MGY) to 1400 (MGY). Elk River authored its first plan in 1996 and <br />amended it in 2001. This plan verifies that the water suppliers are doing the necessary operation <br />and maintenance, future planning both capacity and financial, implements emergency planning <br />and response procedures and carry on conservation and education programs. Attached is our <br />revised plan for your review and approval. Typically, the DNR will review and approve this <br />plan while requesting more information or clarification. <br />