House votes against White Bear Lake court order

The House took the law into its own hands Tuesday, passing a bill that would delay a judge’s ruling on groundwater permits for one year.

Sponsored by Rep. Linda Runbeck (R-Circle Pines), HF4003 would temporarily prohibit the Department of Natural Resources from enforcing certain groundwater permit conditions.

Passed 74-52, as amended, the bill now heads to the Senate, where Sen. Roger Chamberlain (R-Lino Lakes) is the sponsor.

Rep. Linda Runbeck

In 2017, a judge ruled against the DNR for allowing excessive groundwater pumping around White Bear Lake, dropping the lake level 4 feet. The judge issued a court order requiring the DNR to review and amend groundwater appropriation permits within a five-mile radius of White Bear Lake.

The bill would temporarily prohibit the DNR from using funds to enforce certain conditions placed in groundwater appropriation permits as a result of the court order. It would also allow the permit holders to temporarily take certain actions despite the court ordered conditions. Runbeck successfully offered an amendment to include language clarifying the specific areas affected.

Runbeck says the bill would give residents time to better understand the court order and appeal.

“The bulk of the impact of the judge’s orders falls on the 500,000 residents of the northeast metro area in the Twin Cities,” Runbeck said. “ … the judge really went beyond what judges normally do which is just maybe say to the DNR, ‘correct your actions;’ she actually went ahead created policy, usurping really the legislative and executive branches from their traditional roles.”

Rep. Jean Wagenius (DFL-Mpls) said the Legislature should not get involved and that the appropriate response would be for the DNR and residents to appeal the court order.

“We don’t have the facts here to make the kind of decision that you are asking us to make. I am guessing that nobody has read the court order, which is long and complicated,” Wagenius said.

Rep. Matt Dean (R-Dellwood) agreed with Wagenius, stating that the 20 cities around White Bear Lake have already filed appeals which “will effectively do what this bill does.”