Clean Water Council (CWC) Meeting Agenda April 15th, 2013

9:00 a.m. – 2:30 p.m. MPCA Board Room (Lower Level) 520 Lafayette Road North, St. Paul

9:00 Regular Clean Water Council Business

· Convene Full Council · Comments/additions to the agenda and approve agenda (Decision) · Approve 3/25/13 meeting minutes (Decision) · Council introductions and updates · Legislative update · Conflict of Interest

9:30 Water Appropriations 101 (Julie Ekman-DNR) Build the groundwork for understanding how water appropriations work in Minnesota. A

larger discussion of this topic will occur in May or June. 10:00 Messaging about the Clean Water Fund (Jay Green-Anglers for Habitat/Professional

Angler & Guide, Rob Kimm-Columnist (Outdoor News, etc.)/Professional Angler, CWC, Cori Rude-Young-MPCA) Discuss what members are hearing about the Clean Water Fund (CWF) and what the communication needs are. Consider the Council’s role in communicating about the CWF and/or CWC recommendations. Update from Interagency Communications Sub-Team.

11:30 CWC By-Laws (Mike McKay) (Decision)

Decision on accepting changes to by-laws (discussed in March). Discussion on additional changes to by-laws (decision item in May).

11:45 Update on Long Term Vision 12:00 Lunch

12:30 State Agency Strategies for Addressing Aquatic Invasive Species (AIS) (Ann Pierce-

DNR, Gaylen Reetz-MPCA, Steve Woods-BWSR) State agencies discuss what strategies (i.e. prevention, eradication, and containment) they are currently taking and plan to take in the next 5-10 years to address AIS. They will also clarify which CWF Programs include AIS strategies.

1:00 Clean Water Council’s Role in Aquatic Invasive Species (CWC)

Follow-up from previous meeting. Discuss whether the CWC wants to revise the policy that describes when CWF dollars should be used for AIS and how that policy would be used (e.g. by the Budget and Outcomes Committee and/or in the CWC’s Biennial Report). Discuss whether the CWC should engage the Lessard-Sams Outdoor Heritage Council about this topic and if so, what the process and successful outcomes would look like.

1:45 New Business Discuss upcoming meeting topics (Contaminants of Emerging Concern (CECs), Water Appropriations, August Field Tour)

2:00 Adjournment wq-cwc2-13d

2:00 CWC Steering Team

Steering Team discusses items and recommends meeting topics for the April CWC meeting Next Meeting: Monday, May 20th, 2013 wq-iw3-11t

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Clean Water Council Meeting Minutes Monday, April 15, 2013

9:00 a.m. – 2:00 p.m. MPCA Lower Level Board Rooms

520 Lafayette Road North, St. Paul Council members present: Marilyn Bernhardson, Pam Blixt, Linda Bruemmer, Gary Burdorf, Patrick Flowers, Warren Formo, Keith Hanson, Robert Hoefert, Mark Knoff, Michael McKay, Gene Merriam, Jason Moeckel, Gaylen Reetz, Victoria Reinhardt, Todd Renville, Sandy Rummel, Senator Bev Scalze, Louis Smith, Representative Paul Torkelson, John Underhill, Rob Sip for Matthew Wohlman, Steve Woods, Representative Barb Yarusso Absent: John Harren, Frank Jewell, Bradley Kalk, Senator David Osmek, Deb Swackhamer, Matthew Wohlman 1. Regular Clean Water Council Business

o Convene Full Council o Comments/additions to the agenda and approve agenda o Approve 3/25/13 meeting minutes o Council introductions and updates o Legislative update o Conflict of Interest

· Council Chair Mike McKay convened the Clean Water Council (CWC or Council). The April meeting agenda and March meeting minutes were approved. The chair introduced the new Council member appointed by the Governor, Bob Hoefert. Council member introductions.

· Robert Hoefert - Isle, MN, representing statewide farm organizations. Bob is from Mille Lacs County, a farmer for 35 years, volunteer driver for local transit, Soil and Water Conservation District (SWCD) supervisor for 26 years, and worked with the Snake River Watershed and Mille Lacs Lake Water Development organizations.

· Victoria Reinhardt – the northeast metro held a “Our Water Our Future” water forum and 250 people attended. The next in the series will be in late May or early June. Discuss what possible options there may be for groundwater, surface water issues.

· Gaylen Reetz gave a Watershed Restoration and Protection (WRAP) presentation to U.S. Environmental Protection Agency in Chicago. They are very supportive of the WRAP process. StarTribune article on Friday about the MN Pollution Control Agency (MPCA) pulling out of the St. Louis River TMDL. EPA is leading this TMDL and they hired a contractor. MPCA is having a debate with the contractor about the Watershed Analysis Risk Management Framework (WARMF) model. Some of the reductions for the Mercury TMDL are about the 10% of sources in place. MPCA can’t support this until we understand the cycling of pollutants in the system.

· Senator Scalze is serving on the Environment, Economic Development and Agriculture Division Finance Committee. She is carrying SF 1549; water use fees modification and appropriation. Work may be funded through the Clean Water Fund.

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· Representative Barb Yarusso described some of the water bills in the legislature. Some focus on the Northeast Metro area especially White Bear Lake looking at water conservation and water rights. We need to look at those areas.

· Representative Paul Torkelson presented CWC recommendations as an amendment to the House Legacy bill during Committee hearings but it was not adopted.

· Jason Moeckel - things are improving with the drought in the state. Senator Scalze has a bill to raise $6.1M in water appropriation fees.

· Keith Hanson was involved in the development of the WARMF model. The technical review panel recommended it for use. There is a difference of opinion on this.

· Audience introductions.

Legislative updates: · Representative Torkelson has been trying to protect the Clean Water Council’s budget

recommendations. The House Legacy bill is a dramatic change from the Council’s recommendations.

· What are the differences between the House and CWC recommendations? Rep. Torkelson – examples are a shift of $22 million from the Board of Water and Soil Resources (BWSR) grant program for implementation activities to fund groundwater programs instead and fully funding the Agricultural Water Quality Certification Program.

· Senator Scalze said the Senate is just getting to working on the Council recommendations through the Legacy subcommittee.

· Question about parks and trails funding; 30% went to metro parks? Rep. Torkelson – Parks and Trails is a very controversial part of the Legacy bill - more funding for the Metro region. Also the Outdoor Heritage Fund (OHF) has additional funds for the Metro region.

· Question about the process for Clean Water Fund and other funding sources (i.e. Outdoor Heritage Fund) parts of the bill. Rep. Torkelson said each bill is looked at separately and then assembled into one bill.

· Chair McKay – quote from Rep. Wagenius on the Clean Water Council’s recommendations as “random acts of conservation” in House Session Daily.

· Rep. Torkelson – the Legislature establishes Councils. If the Legislature has a problem with our recommendations, they should work through the Council to resolve that. That’s what happened last year with AIS (aquatic invasive species).

· What did Rep. Wagenius say in your meetings? Chair McKay was surprised by some of her comments; at the disconnect. We tried to present our point of view in the meetings, that we fund programs, not projects.

· Outcomes came up often at all of the legislative meetings. What are we getting for the Clean Water Fund dollars spent? It will be harder to prove outcomes by taking funding out of BWSR funded on-the-ground activities and putting it into groundwater/drinking water.

· The Legacy bill will continue to proceed in both House and Senate Committees during the next month.

· There are also bills to establish a Legislative Water Commission. Rep. Torkelson said there was one some years ago, but it was disbanded. Rep. Yarusso said there are enough water issues that come up to have a commission. Senator Scalze is carrying the bill in the Senate. We need to educate legislators on water issues. Water levels are going down in aquifers.

· Chair McKay asked members if they had any conflict of interest. There were none.

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2. Water Appropriations 101 (Julie Ekman-Department of Natural Resources (DNR)) Build the groundwork for understanding how water appropriations work in Minnesota. A larger discussion of this topic will occur in June.

· Introduction by Jason Moeckel. Understanding what goes on in water appropriations. Presentation handout in packet.

· Julie Ekman, DNR - Goal for Managing Water Resources – “Sustainable water resource management that balances competing objectives including economic development, recreational use, and protection of Minnesota's water resources”

· Water Appropriations Permit Program o History of Water Management o Water Use in Minnesota o Current & Emerging Challenges o Regulations & Permits o MNDNR Permitting & Reporting System (MPARS)

· History of water management in Minnesota. Minnesota is a riparian law water state; not like some western states with first come first serve. Priority is given to domestic use.

· Four categories of consumptive water use (447 billion gallons in 2011): Ø Public supply (199 billion gallons), industrial processing (103 billion gallons),

irrigation (73 billion gallons), and other (72 billion gallons). · Non-consumptive water use is for power generation. · Water use in MN requires annual reporting and fees based on volume reported. · Current & emerging challenges are increasing demands for water, land use changes, surface

water impacts, water quality impacts, and demand for permitting efficiencies. · Increasing demand for irrigation use – more dense, gets closer to domestic users. · Impact of pumping on aquifer water levels and wetlands; brings levels down and impacts

levels in wetlands and lakes. · Water quality impacts of irrigation – brings contaminants into ground (into aquifer). · Online permitting system.

Questions: · How does your chart with six priorities break down by volume? It would be helpful to have a

chart that breaks down how many users and the usage volume. Julie – there are uses that we don’t permit, homeowners for example. Water Allocation Priorities:

o Domestic water supply o Consumptive <10,000 gallons per day o Agricultural irrigation & processing o Power production o Consumptive uses >10,000 gallons per day o Non-essential uses

· Gene Merriam said the Freshwater Society just released a report on groundwater sustainability that is very good; Minnesota’s Groundwater: Is our use sustainable? We should include that in the larger Council discussion in May or June. Lots of inadequacies in how we’re doing this – not sustainable. Julie said that there is no claim on water, but how

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do we reconcile well interference? Julie – we have a priority system. High capacity user can’t interfere with domestic use. It is a riparian system modified by the priority system. What if two cities interfere? Julie - they need to work together and with DNR.

· There is more lawn irrigation going on. Julie – irrigation use in the chart are those with a permit. Homeowners use the municipal supply for lawn irrigation.

· Is the MPARS data system self-reporting? Julie – it is self-reporting. We don’t have a good system to verify. As a whole, we are getting a good picture. We need to do more work.

· How much of the direct discharge goes back into rivers and streams? Julie is not sure. · Special protection for trout stream protection? Julie – protection for trout streams and

tributaries to trout streams are connected to groundwater. · What needs to change so permitted users don’t use more than permitted? Julie – we need

more tools, monitoring, and more information on uses. · What should we do about enforcement? Julie – we’re working at DNR at presenting

groundwater 101 to enforcement officers. Current priority is to get everyone under a permit.

· What is the status of once through cooling in permits? Julie – no change. · Jason Moeckel – the challenge is, the first well goes in, then someone else applies for a

permit, then there is a discussion about sustainability. Rep. Wagenius has a bill requiring pre-approval for permits. The Governor’s supplemental budget does include more funding for compliance.

· How are the $5 million in fees set? Jason – the Governor’s supplemental budget would add $6.1 million. Staff to evaluate wells before they go in, etc.

· Comment - there is a regulatory framework in law, but it’s not effective without enforcement. DNR needs administrative compliance like MPCA has. Now you have to get a county attorney. It’s better to have an administrative penalty.

· For the observation wells with a downward trend, do you have authority to alter permits? Julie – yes.

· The most severe issue with declining aquifers is in the Metro. How are you going to reverse that? Julie – we have authority, but it still is difficult to accomplish. DNR is working on the best way to deal with that. Do you have the authority to regulate municipal users? Julie- yes. The most severe drawdowns are occurring in suburbs using huge amounts of ground water. Julie – there is concern about lawn watering. Conservation could be very helpful.

· What is your timeline? Julie – we should have a water appropriation strategic plan by this summer. Decade of effort to set the course and how do we get there. We can bring the DNR strategic plan to the June Council discussion along with the Freshwater Society’s groundwater sustainability report.

Break 3. Messaging about the Clean Water Fund (Jay Green-Anglers for Habitat/Professional

Angler & Guide, Rob Kimm-Columnist (Outdoor News, etc.)/Professional Angler, CWC, Cori Rude-Young-MPCA) Discuss what members are hearing about the Clean Water Fund (CWF) and what the communication needs are. Consider the Council’s role in communicating about the CWF and/or CWC recommendations. Update from Interagency Communications Sub-Team.

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Questions: · Concerns we hear from stakeholders are about how this clean water money is being spent.

Waste of tax dollars because it’s going for Wastewater Treatment Facilities (WWTFs) and things like that. Some believe it should be rehabilitating watersheds, streams, and lakeshores. Are we building something now that when it sunsets, we have something that we don’t have to maintain? You can look at outdoor message boards and see the disconnect.

· Jay Green, Anglers for Habitat. He is on the DNR Commissioner’s AIS advisory committee. There are people who are tactical and people who are worried about funding. Groundwater problems; if we don’t have water, AIS are secondary.

· Rob Kimm – lakeshore owner, fisherman, outdoor columnist writer. Challenging to communicate the importance of AIS and water quality. AIS are core to what we are about, what we do. Challenge to act in best interest of outdoor users. Covering the CWC, Lessard-Sams Outdoor Heritage Council (LSOHC) and agency initiatives, it can all get stirred into one story. Distinctions get too inside baseball for the average person. Anglers, hunters can be more interested in their own pursuits. Council, agencies, funding gets talked about on a cyclical basis. It becomes an endless loop. What’s the follow-up? Where is this money going to go? Outdoorsmen need a story that ties the work back to them, why it matters to them. Build relationship that tells the story by closing the loop. Build up trust, credibility. Message - think of ways to close the loop from ideas to funding, policy to how it impacts them.

· Chair McKay – complexity and language issue. Example; connecting sediment issue in Mississippi River to fishing is a real issue, but it’s hard to communicate. Rob – people have the ability to make the connection, but have shorter attention spans (i.e., iPhones, texting) and less scientific knowledge. We can’t lose the story. Suggestion to go online to message boards.

· Jason – fundamental challenge with Clean Water Legacy are the built-up expectations. We can’t hold up a pie chart and say what this level of funding will get you in the long run. Is this addressing one tenth of the problem? One hundredth of the problem? How do we communicate with fisheries people, hunters, outdoors people, etc.?

· Patrick Flowers - we’re talking about something abstract. There is a delay in outcomes; 1. What kind of issues does CWF address and what are the outcomes? 2. What does each of the Agencies do? 3. Where are the dollars going? 4. What successes are we seeing?

· Barb asked Council members about their homework. What are you hearing from the groups you represent? How do you provide information to your groups?

· Victoria Reinhardt - common misconceptions for county governments and the same issues for other stakeholders. Are we having an impact? Is it supplementing or supplanting? They feel like they’ve been heard. Frank Jewell and Victoria attend the MN Association of SWCDs (MASWCD) meetings and talk about the Council and what it’s doing. At the national level, the Clean Water Council is the model for what states want to do. It doesn’t matter who you’re representing, for the average person it doesn’t matter until it affects you. That’s human nature.

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· Chair McKay – the Council knows we have to do something on messaging. We’ve spent a lot of time prioritizing. We need to do a better job of laying out what are the best practices and what’s working. Convince people what our programs are. We can point to the MN Water Sustainability Framework, which is also unique to Minnesota.

· How much of an educational effort do we need to make for the Legislature? · Rep. Yarusso – there are a number of fingers in the pie for water, nine different entities –

cities, counties, etc. We have different funding sources. Having a simple tool that communicates is essential. What she hears is, are they going to do anything except just study stuff. People want to see action.

· Marilyn Bernhardson – her constituents point out articles in the paper pointing the finger at rural constituents. Metro people blame us, but they want to come and recreate in our land and all the funding goes to the Metro.

· Cori Rude-Young, MPCA – educational tools are needed. We have the CWF summary report, Performance report and other CWF reports on the Legacy website.

· Vice Chair Knoff is hearing from people that regret voting for the legacy amendment. The Council picked priorities based on priorities in (CWF) legislation, but it gets changed in the Legislature. Article in the Mankato Free Press.

· Louis Smith - tell the early success stories about partnership, early successes. Spotlight on that and help create some credibility. Lakes and streams people are concerned about AIS. They don’t see that being addressed.

· Rob Kimm – have the elevator speech ready. Have a concerted message regardless of the audience.

· Keith Hanson – what he hears is what do we have for what we’ve spent? Results or outcomes are important. People need to hear about the small successes on a subwatershed scale. We need to show what we’ve done with the dollars.

· Steve Woods - there is material in story format on the LCC website and the BWSR Land and Legacy website. We need to get those out there more. Professionally, he’s hearing concern about political actions. Personally, he’s hearing from neighbors, they are vaguely aware of the sales tax change, but not paying that much attention. How do we get it in front of them?

· Sandy Rummel – there are various ways to get the message out. Work with the media, websites, Hydrology 101, DNR and USGS presentations. 250 people attended the northeast metro water forum. This could be packaged for other communities. Agencies could have a presence at White Bear Lake’s Marketfest for example. She reports to the Metropolitan Council on what the Clean Water Council does.

· Warren Formo – there are folks concerned about the amendment, yet there is broad support for the Clean Water Fund. He hears more concern about the other 2/3’s of the Legacy fund. It’s a challenge to get people to be engaged.

· Bob Hoefert – people want to know what does the Council do. Why don’t legislators’ projects get run through this Council? Why aren’t groups working together? If the constitutional amendment comes up again, it’s going to be repealed.

· Keith Hanson – revisit what performance measures should move forward. · Todd Renville – hunting organizations mirror what anglers say. Need more feedback on how

the OHF is used too. Challenge to explain programs vs. projects. We’re missing the social media part of the messaging.

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· Chair McKay – we have to get message right first and then figure out how to get the message out.

· Barb – questions about format. Interagency communication team is here to listen. If we see gaps, we can communicate that with them.

· John Underhill – it’s not all bad. He shot a deer on land protected by OHF dollars. Leech Lake has aquatic management areas that have been protected. Get the message out at home/vacation shows, sport shows, newspapers, etc. There’s a need for some understanding of the relationship of the CWC with the LSOHC.

· Pam Blixt – watershed districts are implementers and understand why it takes so long to do this work. On BWSR’s web site, you can see the money spread across the state. It’s not a lot of money to do the work when it’s spread across the state. Suggestion – get talking points every month from the interagency communication team. Use Council members to get out the message.

· Jay Green – AIS issues; prevention and management. We don’t want to sacrifice public access in the process. Personal responsibility is important. Prevention is key. Management is difficult. After managing milfoil in Lake Minnetonka, people still see milfoil. Rob – concern about using AIS as a wedge to restrict access. Landowners are using AIS as a way of restricting access to anglers. We need to focus on credible threats. Be careful about the sky is falling messages.

4. CWC By-Laws (Mike McKay) Decision on accepting changes to by-laws (discussed in March). Discussion on additional changes to by-laws (decision item in May). · Barb explained changes to by-laws. Handouts in the packet include a one pager we will

discuss today and approve next time. Victoria Reinhardt moved approval of handout dated 4-15-13 (amendment to by-laws). Pam Blixt seconded the motion.

· Keith – on page 3 change to seated voting members. Also delete – “those not chosen…” · Keith Hanson amends the motion to delete the sentence; “Those not chosen will be

designated as alternates.” Marilyn seconds the amendment. · Let’s hear more about the detriment to having alternates. Keith – unless alternates attend

all the meetings of the BOC, it can create a backlog of information needed at the last minute.

· Vice Chair Knoff – last sentence, “chair may replace person at their his or her discretion.” · The other concern is about members serving on the Clean Water Fund (CWF) Interagency

Coordination Team (ICT) being on the CWC’s Budget and Outcomes Committee (BOC). · Vote was held on the amendment (to bring this new amendment to a vote at May’s CWC

meeting). Motion carries. · Vote on original motion (to accept most of the changes to by-laws). Motion carries. · Discussion on one page handout on by-laws. Can we speed up this process? What’s the

purpose? It takes longer with a large group. If someone misses a meeting, it takes time to catch up on everything.

· Keith Hanson motion; “any organization that is represented on an agency team is precluded from serving on the BOC.”

· What is reason for this? Keith – it’s hard to serve two masters, i.e. agency and Council.

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· We all serve two masters. What is the potential conflict? Each organization is providing a budget to the Legislature.

· If the Legislature provided that Met Council and the University of Minnesota are voting members of the Council, what’s the difference between sitting on the Council and the BOC?

· BOC members don’t sit in on interagency teams. Now we have a member who can play both sides. Victoria is not supporting this. She serves on the Natural Resources Committee and we make recommendations. This is giving too much authority to the BOC. This is a committee of the whole. Gene agrees. There is a clear distinction in statute between voting and nonvoting members. It’s a slippery slope. Keith – there was no ICT when the Council was first formed. The perception of agency members is different than other members on the BOC.

· Can the chair be aware of conversations? ICT meetings are not open to the public. · Change the motion to say if a Council member (not organization) serves on the ICT they

can’t be on the BOC. Keith is fine with that. · Steve Woods describes the ICT. Close discussion. Vote on additional amendments will be at

the next Council meeting.

Lunch · As a matter of procedure, Louis Smith made a motion to recommend that the CWC actually

vote today on whether or not to have three new by-law amendments voted on at the next CWC meeting. Keith Hanson seconded the motion. Victoria would like to have the decision to bring these amendments forward for a vote at our next meeting split. The yellow language is a decision item and the blue language is a decision item.

· Louis withdraws his first motion. Louis moves that the language on the screen (highlighted in yellow) for an amendment to the CWC by-laws be voted on at the next CWC meeting. Vice Chair Knoff seconded. Motion carries.

o Those not chosen will be designated as alternates. If a Committee member misses more than three consecutive Budget & Outcomes Committee meetings, the Council Chair may replace this person with an alternate at his/her discretion.

· Keith moves that the language on the screen (highlighted in blue) for an amendment to the CWC by-laws be voted on at the next CWC meeting. Marilyn seconded. Votes were eight members in favor and five opposed. Motion passed.

o If a Clean Water Council member serves on the Clean Water Fund Interagency Coordination Team, then he/she shall not be allowed to serve on the Budget & Outcomes Committee.

5. Update on Long Term Vision · Update on long term vision. A CWC ad hoc committee met with CWF Agencies to discuss

this topic further. · Do we need a coordinated vision? Some Council members are not happy with it. Meeting to

see what we are talking about. How it fits with other things we are doing. Have another meeting with ad hoc group. See how the Council wants to be involved.

· Chair McKay – we were not given much time to respond to this. Two issues of concern were about duplication, maybe usurping the role of the Council, and the amount of money spent. All are looking for a long term vision. No agreement on what long term means.

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· Rebecca Flood – we are hoping to have a final outcome by November.

6. State Agency Strategies for Addressing Aquatic Invasive Species (AIS) (Ann Pierce-DNR, Gaylen Reetz-MPCA, Steve Woods-BWSR) State agencies discuss what strategies (i.e. prevention, eradication, and containment) they are currently taking and plan to take in the next 5-10 years to address AIS. They will also clarify which CWF Programs include AIS strategies.

· Ann Pierce, DNR – what is our program doing for AIS prevention? How is it using AIS? Three-prong program – prevention, enforcement, management.

1. Lake Service Providers training – offering it now and we will add to it. 2. Invasive Aquatic Plant Management 3. Watercraft Inspection Program – 75 level 1 inspectors; 4. Two level 2 inspectors – can use decontamination units. They have 23 units.

Prioritize lakes. · Work closely with local units of government and other partners. · DNR is looking into acquiring some zebra mussel sniffing dogs. The can find zebra mussels

15 times faster. · Include AIS language in all the permits DNR gives. · DNR also has an AIS advisory committee.

Questions: · Can dogs detect zebra mussel veligers (the larvae)? The dogs in California could detect the

veligers. · Why don’t we rent dogs from California like Iowa does? DNR - we can always use dogs for

other things if it doesn’t work. It’s cheaper than leasing. · What happens with decontamination? DNR – it is all contained. We use hot water so there

are no additional contaminants. · Can the dogs identify something internal, i.e., in an engine? DNR – yes. · DNR – we don’t use clean water funds (CWFs) for this program. We use general funds and

invasive species account funding. CWFs are used for fish IBIs for field and survey work. AIS may be discovered through that process. Some equipment is needed because of AIS (separate nets, power washing).

· Do we have decontamination kits for boats? DNR – right now we use hot water and high pressure. It’s effective and doesn’t add any pollutants.

· Doug Wetzstein for Gaylen Reetz – handout “Minnesota Pollution Control Agency and Aquatic Invasive Species”. MPCA does fund some AIS activities with CWF dollars such as water quality monitoring and assessment (identification and documentation), WRAPs and Total Maximum Daily Loads (TMDLs) (identification and strategies for prevention), Clean Water Partnership (identification, prevention, and containment), and Permitting (prevention-MN Ballast Water Discharge General Permit).

Questions: · Do the ballast permits include barges on the Mississippi River? Doug thinks it involves lake

freighters on Lake Superior.

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· Lakes – some AIS affect phosphorus. Some AIS stress the biology of the system. How does that impact IBIs? Doug – the stressor identification process determines if AIS contributes to a biological impairment. So far, a little more than 50% of lakes with impairments have AIS.

· Are we spending any clean water funds on AIS? Doug – mostly through the Clean Water Partnership (CWP) program.

· Is AIS in the TMDL included in the load allocation? Doug – falls under the internal load allocation included in the TMDL. It’s up to the stakeholders to figure out how to implement AIS strategies.

· Jason Moeckel - issue in upper watersheds. Carp are an issue. You can’t just eradicate them, you have to keep them out or they will come back. We have plumbed everything.

· Steve Woods – CWF projects; it is a competitive process. The project needs to be a good idea in order to get funded. It needs to be included in a local water plan. We want to fund solvable issues. It has to be a documented problem and funding with CWF will solve the problem long term. Could see funding an AIS project working in the upper watershed.

· Can someone apply to prevent AIS? Yes, it needs to be in local water plan. Prevention is harder to measure. Not likely to fund long term management like harvesting milfoil. AIS – some are more about a habitat issue rather than water quality. Is it appropriate to use CWF or Outdoor Heritage Fund? Like riparian buffers which could be for habitat or water quality, it’s a hybrid solution.

· An example is a lake with internal loading/external loading as part of the TMDL. If we came with an application to BWSR that said our number one issue is AIS, could that get funded? Steve – we can fund protection. Some think the funds need to go to impairments. If stakeholders show it’s important to them, we may be able to fund it.

· Would a proposal for a permanent structure at boat landings for decontamination be considered for funding? All proposals are considered. There is not really a consensus on how to fund larger scale efforts such as public service announcements statewide.

· To date, BWSR has not funded any AIS activities from their CWF grant programs.

7. Clean Water Council’s Role in Aquatic Invasive Species (CWC) Follow-up from previous meeting. Discuss whether the CWC wants to revise the policy that describes when CWF dollars should be used for AIS and how that policy would be used (e.g. by the Budget and Outcomes Committee and/or in the CWC’s Biennial Report). Discuss whether the CWC should engage the LSOHC about this topic and if so, what the process and successful outcomes would look like.

· Chair McKay – do we want to develop a policy on CWF use for AIS activities? · There’s value in the discussion on what role would the Clean Water Fund have for AIS and

what mechanisms need to be in place to encourage partnerships. · Has anyone made inquiries to the LSOHC? · Two handouts written by agency staff dated February and October 2012 were provided as

briefing documents to the Clean Water Council. · Does the Council want a policy on AIS and should it go in the CWC’s biennial report or be

used for budget recommendations? Suggestion that the Council form a subgroup to look at these policies. Also, it’s a good idea to reach out to LSOHC.

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· We should also have a discussion on prevention. Discussion on water quality – it means different things to people who fish and people who swim. Water quality for AIS? Good question, get it down for AIS.

· Purpose of CWLA, purpose of CWF, this is much broader. Which invasive species don’t have a direct effect? Carp could be an impairment. Sediment work was funded for the Lake Byllesby TMDL, but it wasn’t used for the TMDL.

· If we have a policy for AIS, why not for phosphorus, nitrogen, other pollutants? Let’s start with a statement on this.

· Do we get into funding too? Chair McKay – there’s a sequence, also get into overlap with LSOHC.

· Louis Smith moves that the chair appoint an ad hoc committee using the February and October 2012 handouts as a starting point to develop a statement on AIS and the CWF and make a recommendation on how to work with the LSOHC. Chair McKay seconded the motion. Motion carries. Louis is appointed to chair this ad hoc committee.

8. New Business Discuss upcoming meeting topics (Contaminants of Emerging Concern (CECs), Water Appropriations, August Field Tour)

· Chair McKay – new business. Mike, Mark, Keith met with the state attorney’s on Conflict of Interest. Invite them to address group. It’s not a black and white issue.

· Article in the Star Tribune on Woodbury diverting stormwater runoff for reuse on a golf course. Grant from BWSR. Steve Woods - $566,000.

· Chair McKay – the annual Council field trip will be in Red Wing on Sunday-Monday, August 18-19 with a tour of Lake Pepin.

· Motion to adjourn. Meeting adjourned.

Adjournment CWC Steering Team Steering Team discusses items and recommends meeting topics for the April CWC meeting. Next Meeting: Monday, May 20th, 2013

MN Department of Natural Resources, Water Appropriation Permit Program

Presented to the Clean Water Council meeting, April 15, 2013 Julie Ekman, Water Regulations Unit Supervisor, MNDNR-Ecological & Water Resources

Goal of Water Appropriation Program Sustainable water resource management that balances competing objectives including economic development, recreational use, and protection of Minnesota's water resources

· “Appropriating” means withdrawal, removal, or transfer of water from its source regardless of how the water is used.

· “Consumptive use” is water that is withdrawn from its source for immediate further use in the area of the source and is not directly returned to the source.

History of Water Appropriation Permitting · Water policy was established in 1937 based on

English common law doctrine of riparian rights modified by reasonable use concept--Riparian rights versus “first in time first in right” as is common in the western US. Reasonable use—riparian owner can use water where have legal access as long as the use doesn’t interfere with other’s riparian rights and the needs of the environment.

· Statutes were amended in 1973 to establish a priority system for water use, putting domestic/water supply as the top priority; revised in 1989 to elevate crop irrigation to a 3rd priority.

Water Use Data · Over half of consumptive uses depend on

groundwater. · Crop irrigation accounts for about 12% of total

consumptive water use. · Power Generation accounts for nearly ¾ of surface

water used. · A third of Public Supply water comes from surface

water. Challenges Today’s decisions affect water availability; however, these effects may not be fully realized for many years.

· Increasing demands on limited resources. · Land use changes. · Surface water impacts. · Water quality impacts. · Demand for improved permitting efficiencies.

Permitting Guided by Statute (M.S. 103G) and Rule (M.R. 6115) for the “regulation, conservation, and allocation of the water resources of the state, including the review, issuance, and denial of water appropriation applications, and the modification, suspension, or termination of existing permits.”

· A water use permit is required for appropriating waters of the state at volumes exceeding 10,000 gallons per day or 1,000,000 gallons per year. (Some exceptions.)

· Information on applications: § Purpose & justification § Volume and rate § Well or source information § Additional information

· Who reviews and comments on an application: § Municipality § Watershed District § Soil and Water Conservation District § Others might include: DNR Fish & Wildlife,

USACE, County P&Z, other state agencies · The best available information is used for

reviewing an application: § Well driller’s log § Observation well data § County Well Index § County geologic mapping § Water Supply Plans § GIS information

· Responsibilities of an appropriation permit holder: § Measuring water used to 10% accuracy § Monthly water use recording § Annual reporting § Water use fee payment § Other permit specific requirements

New--Minnesota DNR Permitting and Reporting System (MPARS) [funded by CWL dollars]

· DNR staff transition to new system end of April. · Public use new system starting in July. · 2013 water use reporting will be done through

new system. · Features of MPARS: § Apply online for permits and track status. § Report water use and other data. § Pay fees. § Request changes to permits.

MN Department of Natural Resources, Water Appropriation Permit Program

Presented to the Clean Water Council meeting, April 15, 2013 Julie Ekman, Water Regulations Unit Supervisor, MNDNR-Ecological & Water Resources

Consumptive: 447 Billion Gallons Reported in 2011

72

73

103

199

Non Consumptive: Power Generation used 837 BG

Other

Irrigation

Industrial Processing

Public Supply

1

4/8/13 Messaging Discussion – draft ideas Questions for all Clean Water Council (CWC) members: · What are you hearing (positive feedback to common misconceptions) from the groups you

represent and other folks you interact with about the Clean Water Fund (CWF) and what do they want to know?

· How do you currently provide information to the groups you represent about the CWC and CWF? Main Messages (examples are for discussion purposes only): 1. How is the CWF being used (or is the investment worth it)? What work is being done with the CWF versus

the Lessard-Sams Outdoor Heritage Fund (LSOHF)? Clean Water Fund dollars are used to (and could note that LSOHF funds are used for x):

· Determine if Minnesota’s waters are clean enough for swimming, fishing, and drinking · Develop clean-up and protection plans · Fund actions that clean-up or protect lakes, streams, wetlands, and groundwater · Provide research to support these actions

2. What are the main accomplishments to date with the CWF? Clean Water Fund dollars have so far achieved the following:

· Monitored the conditions of more than half of Minnesota’s waters & finalized X clean-up plans · Increased private well testing for nitrates by x% · X number of communities have source water protection plans · Sealed over 200 unused wells, installed 82 new groundwater monitoring wells, established 2,095 acres

of buffers along waterways, and replaced 141 septic systems

3. Is our water (lakes, streams, wetlands, & groundwater) getting cleaner? · Large scale trends - river sediment levels decreased in 11 Minnesota watersheds · Site-specific examples - nitrate levels in Cold Spring reduced, Poplar River sediments decreased by

35%, water clarity improved in Powderhorn Lake

4. How does work being done with the CWF benefit you and your kids? · Increase the number of lakes and streams that are safe for swimming · Reduce cost to drink tap water

5. What was the process the CWC used to make their funding recommendations?

· The Council establishes budget priorities, meets with state agencies, and solicits public input.

6. What is the value of clean lakes, streams, wetlands, and groundwater and drinking water? · Hunting, fishing, and recreational boating is valued at x, property values on clean lakes at x, drinking

water treatment at x (see pages 13-14 of CWC Biennial Report).

7. How can people make a difference for clean water in their own backyard? · You can make a difference for clean water by keeping leaves out of streets, etc.

8. Will we need to extend the tax increase beyond 2034 to achieve clean water in Minnesota?

· We don’t know yet, but it is likely because of the magnitude of clean-up efforts that are needed.

2

Audience (examples): 1. General public 2. Local officials 3. News outlets 4. Associations 5. Others?

Format (examples):

1. Factsheet or Frequently Asked Questions or Brochure 2. News release (for newspapers or news channels) 3. Talking Points for CWC members 4. Multi-media (Facebook, twitter, etc.)

Who can work on it and schedule:

· Update from Interagency Communications Sub-team · What is the CWC’s role? · When do we need this information? · How can we make this a continual effort?

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Clean Water Council By-Laws

Clean Water Council (Council) Purpose and Membership Council purposes, responsibilities and organization are specified in MN Statutes Chapter 114D.30. Specifically, the Clean Water Council is charged with the responsibility The Clean Water Council was created to advise on the administration and implementation of this chapter.MN Statutes Chapter 114D, the Clean Water Legacy Act, and foster coordination and cooperation as described in section MN Statutes Chapter 114D.20, subdivision 1. The Council may also advise on the development of appropriate processes for expert scientific review as described in MN Statutes Chapter 114D.35, subdivision 2. Council Member Conduct Council members have a duty to act in good faith and with complete accuracy, candor, truthfulness and disclosure in all formal or informal discussions, communications or related actions between any members of the Council. Conflict of Interest A Clean Water Council member may not participate in or vote on a decision of the council relating to an organization in which the member has either a direct or indirect personal financial interest. While serving on the Clean Water Council, a member shall avoid any potential conflict of interest. More information can be found in the Council’s Conflict of Interest policy. Terms, compensation, removal, resignation, appointment Terms, compensation, nomination, appointment and removal of a Council member are governed by MN Statutes Chapter 114D.30. § Terms: The terms of members representing the state agencies and the Metropolitan Council are four

years and are coterminous with the governor. The terms of other nonlegislative members of the Council shall be four years as provided in section 15.059, subdivision 2. Members may serve until their successors are appointed and qualify.

§ Council members representing state agencies or the Legislature may designate representatives to attend Council or Committee meetings in their absence. Compensation and removal of nonlegislative Council members is as provided in section 15.059, subdivision 3 and 4. Compensation of legislative members is as determined by the appointing authority. A vacancy on the council may be filled by the appointing authority provided in subdivision 1 for the remainder of the unexpired term.

§ Removal: A member may be removed by the Governor at any time at the pleasure of the Governor. The chair of the advisory council or committee shall inform the Governor of a member missing three consecutive meetings. After the second consecutive missed meeting and before the next meeting, Council staff shall notify the member in writing that the member may be removed for missing the next meeting. In the case of a vacancy on the board, the appointing authority shall appoint a person to fill the vacancy for the remainder of the unexpired term. (Section 15.059, subdivision 4). The Steering Team will ask Council members who miss three consecutive standing committee meetings to resign from that committee.

§ Resignation: If a Council member wishes to resign prior to the end of his/her term, he/she must write a letter of resignation to the Governor and send copies to the Council Chair and Council staff. Staff will submit a Notice of Vacancy to the Secretary of State Office of Open Appointments, where the vacancy will be posted.

§ Vacancies and application process: A vacancy on the Council may be filled by the Governor for the remainder of the unexpired term. A person interested in applying for a vacancy must submit an application to the Secretary of State’s Office of Open Appointments. Application forms are available

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on the web site. If a successor has not been appointed by July 1 after the scheduled end of a member’s term, the term of the member for whom a successor has not been appointed shall be extended until the first Monday in January four years after the scheduled end of the term.

Election of Chair and Vice-Chair The Council shall elect from its non-agency voting members a chair and vice-chair. Elected chair and vice-chair will serve one two-year term, beginning in January. The Council shall use the methods of nomination and elections consistent with Robert’s Rules of Order, and in compliance with Minnesota Open Meeting Law, as outlined below. Election Process: (Process to be followed separately; first for election of Chair and subsequently, election of Vice-Chair)

1. Council members submit nominees to Chair prior to election. 2. Current Chair may designate another Council member to facilitate the election of Chair. 3. Chair or designee presents list of nominees for Chair/Vice-Chair to the Council. There is no vote

taken on accepting this list of nominees, these nominations are treated as if made by members from the floor.

4. Chair or designee opens floor for further nominations for Chair/Vice-Chair. 5. Council member makes verbal nomination, nominees name is noted. Nomination need not be

seconded. 6. Chair or designee seeks any further nominations. 7. Chair or designee seeks motion to close nominations. Council members makes a motion, motion

is seconded by another Council member. 8. Chair or designee calls for a vote on the motion to close nominations. 9. When the Council votes on closing the floor for nominations, Council then proceeds to the

election. a). If there are no nominees for the position of Chair/Vice-Chair, the Council shall vote on continuing the term of the current Chair/Vice-Chair. b). When there is one nominee for Chair/Vice-Chair: Chair or designee calls for a vote to elect this individual to the position. If majority of Council members vote in favor, nominee is elected as Chair/Vice-Chair. c). When there are multiple nominations: Chair or designee calls for a vote for each nominee. Each Council member may only vote once. Council member may vote for him/herself. A member has the right to change his/her vote up to the time the vote is finally announced. Nominee with the majority vote is elected to the position.

10. Chair or designee announces who is elected as Chair/Vice-Chair, their effective starting date (typically, January of proceeding year), and length of term (typically 2 years from start date).

The powers and duties of the Chair shall be as follows:

1. To preside as Chair at all meetings of the Council. 2. To see that the laws of the State, pertaining to the purpose and functions of the Council, the

resolutions of the Council and its policies are faithfully observed and executed. 3. To call special meetings of the Council, on his/her own initiative, or upon request of three or

more members. 4. To serve on the Steering Committee.

The powers and duties of the Vice-Chair shall be as follows:

1. To perform the Chair’s duties at regularly scheduled or special Council meetings whenever the Chair is absent. from any regularly scheduled meeting, his/her duties shall be performed by the

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Vice-Chair. Whenever the Chair is absent from a special meeting called by him/her or upon the request of three or more members, his/her duties shall be fulfilled by the Vice-Chair.

2. To handle Council business on behalf of the Chair whenever the Chair, ’s absence from the State or his/her incapacity due to illness or personal matters, prevents the Chair him/her from handling necessary Council business outside of regularly scheduled or special Council meetings, at time other than the Council meetings, such business shall be handled by the Vice-Chair.

3. To serve on the Steering Committee. Whenever the Chair and Vice-Chair are both absent from any regularly scheduled meeting, his/her duties shall be performed by another member of the Council as determined at the beginning of a meeting. Council Organization

1. The Steering Committee and the Budget and Outcomes Committee are standing committees.

2. A Steering Committee will consist of the following members: § Chair § Vice-Chair § Past Chair (two-year term on Committee) § Agency representatives on the Council § Budget and Outcomes Committee Chair § Agency staff

The Steering Committee plans meetings and other activities as designated by the Chair or Council develops Council calendar each year. The Steering Committee is accountable to the Council.

3. The Budget & Outcomes Committee shall consist of a minimum of four voting members and a maximum of a non-majority of the current seated voting Council members. The Budget and Outcomes Committee: § Prepares initial input on budget recommendations to Council; § Reviews existing measurable outcomes information to show effectiveness of

accomplishments; § Is accountable and advisory to the full Council; and § Elects its own Chair. Membership of this Committee is reviewed every two years. If the number of members interested in serving on the Budget & Outcomes Committee exceeds a non-majority of voting members, the Council Chair will decide who will serve on this Committee. Those not chosen will be designated as alternates. If a Committee member misses more than three consecutive Budget & Outcomes Committee meetings, the Council Chair may replace this person with an alternate.

4. Administrative Support: The Pollution Control Agency and the other state agencies represented on the Council shall provide administrative support for the Council, as appropriate.

Council Procedures § Council Decisions - All formal actions of the Council shall be made at open public meetings. A

simple majority vote of the voting Council members present at the meeting, at which a quorum has been established, is needed to take formal action. Agency and legislative representatives on the Council are non-voting members.

§ Quorum - A simple majority of seated voting Council members constitutes a quorum.

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§ Record of Decisions - The Council shall use meeting minutes or resolutions to transmit a record of its formal actions. Upon their adoption, copies of the resolutions shall be sent to affected parties/organizations. Resolutions shall be kept on file and shall be made available to the public.

§ Speaking on Behalf of the Council - Members speaking on behalf of the Clean Water Council may speak only in terms of ideas or resolutions supported and agreed upon by the Council, either by a formal vote, resolution or supported in discussion at a regularly scheduled Council meeting.

§ Legislative Input - Members of the Clean Water Council may not be registered lobbyists. Communication with the legislature is limited to providing information on Council matters, and submittal of the legislative reports, specified in MN Statutes Chapter 114D.30.

Council Meetings § Frequency and location - Regular Council meetings shall be held the third Monday of the

month, on a monthly basis, unless determined otherwise. When the third Monday falls on a holiday, the Council shall meet the fourth Monday of that month. Meetings will be held in St. Paul, unless determined otherwise.

§ Accessibility to the Public – Meetings of the Council shall be held at facilities that are readily accessible to the public. All regular Council meetings and work group meetings shall be open to the public.

§ Public Information – Information regarding regular Council meetings, meeting minutes and meeting agendas will be available on the Clean Water Council website.

§ Public Input - The Council welcomes public input on matters relevant to Council work. Members of the public may comment at Council meetings during specified times, as the agenda allows. Time for public comment is under the discretion of the Council chair.

§ Agendas - The Council chair, in collaboration with the Steering Committee, shall establish the agenda for Council meetings. The chair shall provide an opportunity to obtain Council member input at each meeting regarding the substance of future Council agendas.

§ Rules of Order - Robert’s Rules of Order shall be the parliamentary authority for all matters of procedure of this Council not otherwise covered in these By-Laws. In the event of conflicts between Robert’s Rules of Order and the Minnesota Open Meeting Law or Data Practices Act, the Minnesota law requirements shall prevail.

Council Work As specified in MN Statutes Chapter 114D.30, subdivisions 5-7: § Recommendations on Appropriation of Funds - The Clean Water Council shall recommend to

the Governor the manner in which money from the clean water legacy account shall be appropriated. (Expected recommendations will be needed by May of even-numbered years).

§ Implementation Plan*- The Clean Water Council shall recommend a plan for implementation of this chapter. The recommended plan shall address general procedures and time frames for implementing this chapter, and shall include a more specific implementation work plan for the next fiscal biennium and a framework for setting priorities to address impaired waters consistent with section 114D.20, subdivisions 2 to 7. The Council shall submit a revised implementation plan by December 1 of each even-numbered year.

§ Biennial Report- By December 1 of each even-numbered year, the Council shall submit a report to the legislature on the activities for which money has been or will be spent for the current biennium, the activities for which money is recommended to be spent in the next biennium, and the impact on economic development of the implementation of the impaired waters program. The report due on December 1, 2014, must include an evaluation of the progress made through June 30, 2014, in implementing this chapter, the need for funding of future implementation of those sections, and recommendations for the sources of funding.

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Council Per Diem and Expenses MN Statutes § 15.059, Subd. 3 governs compensation to be made to Council members for their participation in Council activities. The Council’s duties, membership, appointment, conflict of interest, implementation plan, recommendations on appropriations of funds, biennial report to the legislature, and vacancies are specified in MN Statutes Chapter 114D.30 (attached). The Council members’ terms, compensation, and removal are specified in MN Statutes Chapter 114D.30 and MN Statutes Chapter 15.059 (attached). The procedure to be used by Council members for requesting and receiving payment of per diem and expenses is identified in the Council Per Diem and Expenses Policy document. Changes to By-Laws Any additions, deletions or revisions to the approved Clean Water Council By-Laws must be submitted as an amendment in writing with a 30 day notice prior to approval by the Council.

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Attachment 1

2012 Minnesota Statutes Chapter 114.30

114D.30 CLEAN WATER COUNCIL. Subdivision 1.Creation; duties. A Clean Water Council is created to advise on the administration and implementation of this

chapter, and foster coordination and cooperation as described in section 114D.20, subdivision 1. The council may also advise on the development of appropriate processes for expert scientific review as described in section 114D.35, subdivision 2. The Pollution Control Agency shall provide administrative support for the council with the support of other member agencies. The members of the council shall elect a chair from the voting members of the council.

Subd. 2.Membership; appointment. (a) The commissioners of natural resources, agriculture, health, and the Pollution Control Agency,

and the executive director of the Board of Water and Soil Resources shall each appoint one person from their respective agency to serve as a nonvoting member of the council. Two members of the house of representatives, including one member from the majority party and one member from the minority party, appointed by the speaker and two senators, including one member from the majority party and one member from the minority party, appointed according to the rules of the senate shall serve at the pleasure of the appointing authority as nonvoting members of the council. Agency and legislative members appointed under this paragraph serve as nonvoting members of the council.

(b) Nineteen voting members of the council shall be appointed by the governor as follows:

(1) two members representing statewide farm organizations;

(2) two members representing business organizations;

(3) two members representing environmental organizations;

(4) one member representing soil and water conservation districts;

(5) one member representing watershed districts;

(6) one member representing nonprofit organizations focused on improvement of Minnesota lakes or streams;

(7) two members representing organizations of county governments, one member representing the interests of rural counties and one member representing the interests of counties in the seven-county metropolitan area;

(8) two members representing organizations of city governments;

(9) one member representing the Metropolitan Council established under section 473.123;

(10) one member representing township officers;

(11) one member representing the interests of tribal governments;

(12) one member representing statewide hunting organizations;

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(13) one member representing the University of Minnesota or a Minnesota state university; and

(14) one member representing statewide fishing organizations.

Members appointed under this paragraph must not be registered lobbyists or legislators. In making appointments, the governor must attempt to provide for geographic balance. The members of the council appointed by the governor are subject to the advice and consent of the senate.

Subd. 3.Conflict of interest. A Clean Water Council member may not participate in or vote on a decision of the council relating

to an organization in which the member has either a direct or indirect personal financial interest. While serving on the Clean Water Council, a member shall avoid any potential conflict of interest.

Subd. 4.Terms; compensation; removal. The terms of members representing the state agencies and the Metropolitan Council are four years

and are coterminous with the governor. The terms of other nonlegislative members of the council shall be as provided in section 15.059, subdivision 2. Members may serve until their successors are appointed and qualify. Compensation and removal of nonlegislative council members is as provided in section 15.059, subdivisions 3 and 4. Compensation of legislative members is as determined by the appointing authority. The Pollution Control Agency may reimburse legislative members for expenses. A vacancy on the council may be filled by the appointing authority provided in subdivision 1 for the remainder of the unexpired term.

Subd. 5.Implementation plan. The Clean Water Council shall recommend a plan for implementation of this chapter and the

provisions of article XI, section 15, of the Minnesota Constitution relating to clean water. The recommended plan shall address general procedures and time frames for implementing this chapter, and shall include a more specific implementation work plan for the next fiscal biennium and a framework for setting priorities to address impaired waters consistent with section 114D.20, subdivisions 2 to 7. The council shall issue a revised plan by December 1 of each even-numbered year.

Subd. 6.Recommendations on appropriation of funds. (a) The Clean Water Council shall recommend to the governor and the legislature the manner in

which money from the clean water fund should be appropriated for the purposes stated in article XI, section 15, of the Minnesota Constitution and section 114D.50.

(b) The council's recommendations must:

(1) be to protect, enhance, and restore water quality in lakes, rivers, and streams and to protect groundwater from degradation and ensure that at least five percent of the clean water fund is spent only to protect drinking water sources;

(2) be consistent with the purposes, policies, goals, and priorities in this chapter; and

(3) allocate adequate support and resources to identify degraded groundwater and impaired waters, develop TMDL's, implement restoration of groundwater and impaired waters, and provide assistance and incentives to prevent groundwater and surface waters from becoming degraded or impaired and improve the quality of surface waters which are listed as impaired but have no approved TMDL.

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(c) The council must recommend methods of ensuring that awards of grants, loans, or other funds from the clean water fund specify the outcomes to be achieved as a result of the funding and specify standards to hold the recipient accountable for achieving the desired outcomes. Expenditures from the fund must be appropriated by law.

Subd. 7.Biennial report to legislature. By December 1 of each even-numbered year, the council shall submit a report to the legislature on

the activities for which money has been or will be spent for the current biennium, the activities for which money is recommended to be spent in the next biennium, and the impact on economic development of the implementation of efforts to protect and restore groundwater and the impaired waters program. The report due on December 1, 2014, must include an evaluation of the progress made through June 30, 2014, in implementing this chapter and the provisions of article XI, section 15, of the Minnesota Constitution relating to clean water, the need for funding of future implementation, and recommendations for the sources of funding.

History: 2006 c 251 s 7; 2006 c 282 art 10 s 7; 1Sp2011 c 6 art 2 s 19; 2012 c 264 art 2 s 1

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Attachment 2

2012 Minnesota Statutes Chapter 15.059

15.059 ADVISORY COUNCILS AND COMMITTEES. Subdivision 1.Application. The terms, compensation and removal of members, and the expiration date of an advisory council or

committee shall be governed by this section whenever specifically provided by law. As used in this section "council or committee" shall mean all advisory boards, councils, committees and commissions whose provisions are governed by this section.

Subd. 2.Membership terms. An appointment to an advisory council or committee must be made in the manner provided in

section 15.0597. The terms of the members of the advisory councils and committees shall be four years. The terms of one-half of the members shall be coterminous with the governor and the terms of the remaining one-half of the members shall end on the first Monday in January one year after the terms of the other members. If there is an odd number of members, the smallest possible majority of the members shall have terms coterminous with the governor. If the number of terms which can be served by a member of an advisory council or committee is limited by law, a partial term must be counted for this purpose if the time served by a member is greater than one-half of the duration of the regular term. If the membership is composed of categories of members from occupations, industries, political subdivisions, the public or other groupings of persons, and if the categories as specified in statute have two or more members each, the appointing authority shall appoint as nearly as possible one-half of the members in each category at each appointment date. Members may serve until their successors are appointed and qualify. If a successor has not been appointed by the July 1 after the scheduled end of a member's term, the term of the member for whom a successor has not been appointed shall be extended until the first Monday in January four years after the scheduled end of the term.

Subd. 3.Compensation. (a) Members of the advisory councils and committees may be compensated at the rate of $55 a day

spent on council or committee activities, when authorized by the council or committee, plus expenses in the same manner and amount as authorized by the commissioner's plan adopted under section 43A.18, subdivision 2. Members who, as a result of time spent attending council or committee meetings, incur child care expenses that would not otherwise have been incurred, may be reimbursed for those expenses upon council or committee authorization.

(b) Members who are state employees or employees of political subdivisions must not receive the daily compensation for activities that occur during working hours for which they are compensated by the state or political subdivision. However, a state or political subdivision employee may receive the daily payment if the employee uses vacation time or compensatory time accumulated in accordance with a collective bargaining agreement or compensation plan for council or committee activity. Members who are state employees or employees of the political subdivisions of the state may receive the expenses provided for in this section unless the expenses are reimbursed by another source. Members who are state

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employees or employees of political subdivisions of the state may be reimbursed for child care expenses only for time spent on board activities that are outside their working hours.

(c) Each council and committee must adopt internal standards prescribing what constitutes a day spent on council or committee activities for purposes of making daily payments under this subdivision.

Subd. 4.Removal. A member may be removed by the appointing authority at any time at the pleasure of the appointing

authority. The chair of the advisory council or committee shall inform the appointing authority of a member missing the three consecutive meetings. After the second consecutive missed meeting and before the next meeting, the secretary of the council or committee shall notify the member in writing that the member may be removed for missing the next meeting. In the case of a vacancy on the board, the appointing authority shall appoint a person to fill the vacancy for the remainder of the unexpired term.

Subd. 5.Expiration date. (a) Unless a different date is specified by law, the existence of each advisory council and committee

expires on the date specified in the law establishing the group or on June 30, 2009, whichever is sooner. This subdivision applies whether or not the law establishing the group provides that the group is governed by this section. The secretary of state must notify the primary appointing authority or chair of an advisory council or committee of its scheduled expiration before the start of the annual legislative session immediately preceding the group's scheduled expiration.

(b) An advisory council or committee does not expire in accordance with paragraph (a) if it:

(1) is an occupational licensure advisory group to a licensing board or agency;

(2) administers and awards grants; or

(3) is required by federal law or regulation.

Subd. 5a. [Repealed, 2001 c 161 s 58]

Subd. 5b.Continuation dependent on federal law. Notwithstanding this section, the following councils and committees do not expire unless federal

law no longer requires the existence of the council or committee:

(1) Rehabilitation Council for the Blind, created in section 248.10;

(2) Juvenile Justice Advisory Committee, created in section 299A.72;

(3) Governor's Workforce Development Council, created in section 116L.665;

(4) local workforce councils, created in section 116L.666, subdivision 2;

(5) Rehabilitation Council, created in section 268A.02, subdivision 2; and

(6) Statewide Independent Living Council, created in section 268A.02, subdivision 2.

Subd. 6.Advisory task forces. If the existence of an advisory task force is mandated by statute, the task force shall expire on the

date specified in the enabling legislation. If no expiration date is specified, the task force shall expire two

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years after the effective date of the act creating the advisory task force. If the existence of a task force is authorized but not mandated by statute, the task force shall expire at the pleasure of the person or group which creates the task force, or two years after the first members of the task force are appointed, whichever is sooner. A person or group mandated or with discretionary authority to create a task force may create another task force to continue the work of a task force which expires, unless the enabling legislation specifies an expiration date or creation of another task force is prohibited by other law.

Members of advisory task forces shall not receive the per diem specified in this section but shall receive expenses in the same manner and amount as provided in the commissioner's plan under section 43A.18, subdivision 2. Members who, as a result of time spent attending task force meetings, incur child care expenses that would not otherwise have been incurred, may be reimbursed for those expenses upon task force authorization. Members who are state employees or employees of political subdivisions of the state may be reimbursed for child care expenses only for time spent on board activities that are outside their normal working hours. Members appointed to these advisory task forces shall serve until the expiration date of the advisory task force and may be removed pursuant to subdivision 4.

History: 1975 c 315 s 1; 1976 c 149 s 5,6; 1977 c 444 s 2; 1982 c 560 s 6; 1983 c 260 s 5,6; 1984 c 571 s 1;

1986 c 444; 1987 c 354 s 2,3; 1988 c 629 s 7-9; 1989 c 343 s 3,4; 1990 c 506 art 2 s 2; 1993 c 80 s 2; 1993 c 286 s 1; 1993 c 337 s 1; 1997 c 7 art 1 s 4; 1997 c 192 s 1,2; 1998 c 359 s 1; 1998 c 397 art 11 s 3; 1999 c 86 art 1 s 6; 1999 c 139 art 4 s 2; 1999 c 216 art 2 s 28; 1999 c 241 art 10 s 8; 1999 c 245 art 2 s 1; 2000 c 445 art 2 s 3; 2001 c 61 s 2; 2001 c 161 s 2,54; 1Sp2001 c 10 art 2 s 17; 2004 c 206 s 52; 2007 c 133 art 1 s 1

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Clean Water Council By-Laws

Changes to By-Laws

Any additions, deletions or revisions to the approved Clean Water Council By-Laws must be submitted as an amendment in writing for discussion and consideration at a meeting of the Council with a 30 day notice prior to approval by the Council at a subsequent meeting.

Use of Legacy funds for aquatic invasive species (AIS) management February 2012 Overall Statement: Use of CWF funds to address AIS should be limited to those species that have a direct water quality effect. AIS projects, like all water quality restoration and protection projects, must also comprehensively address other key stressors impacting water quality. Background: The purpose of the Clean Water Legacy Act is “…to achieve and maintain water quality standards for groundwater and surface waters, including the standards required by section 303(d) of the federal Clean Water Act…”. Furthermore, “The clean water fund may be spent only to protect, enhance, and restore water quality in lakes, rivers, and streams, to protect groundwater from degradation, and to protect drinking water sources…” (MS 114D). AIS and Water Quality: AIS directly affect beneficial uses of waters and water quality standards required by the Clean Water Act in many of the state’s waters. Some examples include waters where common carp or curlyleaf pondweed are contributing factors to water quality impairments related to impaired water clarity and excessive levels of phosphorus, and waters where aquatic communities of fish and macroinvertebrates are impaired due to the presence of AIS. Several total maximum daily load (TMDL) reports have already been completed that identify AIS as a contributor to waterbody impairment. However, AIS are not always the root cause or the only cause of water quality problems, and in some cases may be more symptomatic of a waterbody already impaired due to other factors like excessive nutrients or habitat alteration. Use of CWF to address AIS: Because the focus of the CWF is on water quality, use of Clean Water Fund (CWF) to address Aquatic Invasive Species (AIS) is appropriate in cases where AIS directly affect beneficial uses of waters as related to water quality standards required by the Clean Water Act. To ensure fund integrity, the use of CWF for AIS should be limited to cases where a direct connection between beneficial uses of waters and water quality standards and AIS is demonstrated, such as in TMDLs, watershed restoration and protection strategies, or local water management plans. These problems are best addressed locally, on a project-by-project basis. Like all other water quality implementation projects, they would be locally initiated and reviewed by an interagency team through the Clean Water Fund grant process. In order to be eligible for CWF, AIS projects must:

· Demonstrate a linkage between AIS and water quality impairments; and · Achieve, improve, or maintain beneficial uses and water quality standards for surface waters.

This will typically include addressing other stressors contributing to water quality impairment. Additional AIS funding considerations:

1) The Outdoor Heritage Fund for Asian carp barriers seems consistent with law and policy. Use of these funds for Asian carp purposes needs to be balanced with the other conservation goals of the fund that meet constitutional and statutory requirements.

2) DNR is recommending watercraft license and nonresident fishing license surcharges as appropriate user fees for a dedicated, long-term funding source for AIS prevention and management.

Use of Legacy funds for aquatic invasive species (AIS) management October 2012 Overall Statement: Use of CWF funds to address AIS should be limited to those species that have a direct water quality effect. AIS projects, like all water quality restoration and protection projects, must also comprehensively address other key stressors impacting water quality. A dedicated, long-term funding source for AIS prevention and management, separate from the Clean Water Fund, is needed to address AIS issues. Background: The purpose of the Clean Water Legacy Act is “…to achieve and maintain water quality standards for groundwater and surface waters, including the standards required by section 303(d) of the federal Clean Water Act…”. Furthermore, “The clean water fund may be spent only to protect, enhance, and restore water quality in lakes, rivers, and streams, to protect groundwater from degradation, and to protect drinking water sources…” (MS 114D). AIS and Water Quality: AIS directly affect beneficial uses of waters and water quality standards required by the Clean Water Act in many of the state’s waters. Some examples include waters where common carp or curlyleaf pondweed are contributing factors to water quality impairments related to impaired water clarity and excessive levels of phosphorus, and waters where aquatic communities of fish and macroinvertebrates are impaired due to the presence of AIS. Several total maximum daily load (TMDL) reports have already been completed that identify AIS as a contributor to waterbody impairment. However, AIS are not always the root cause or the only cause of water quality problems, and in some cases may be more symptomatic of a waterbody already impaired due to other factors like excessive nutrients or habitat alteration. Use of CWF to address AIS: Because the focus of the CWF is on water quality, use of Clean Water Fund (CWF) to address Aquatic Invasive Species (AIS) is appropriate in cases where AIS directly affect beneficial uses of waters as related to water quality standards required by the Clean Water Act. To ensure fund integrity, the use of CWF for AIS should be limited to cases where a direct connection between beneficial uses of waters and water quality standards and AIS is demonstrated, such as in TMDLs, watershed restoration and protection strategies, or local water management plans. These problems are best addressed locally, on a project-by-project basis. Like all other water quality implementation projects, they would be locally initiated and reviewed by an interagency team through the Clean Water Fund grant process. In order to be eligible for CWF, AIS projects must:

· Demonstrate a linkage between AIS and water quality impairments; and · Achieve, improve, or maintain beneficial uses and water quality standards for surface waters.

This will typically include addressing other stressors contributing to water quality impairment.

CWC Steering Team Agenda April 15th, 2013, 2:00 p.m.

MPCA Board Room 520 Lafayette Road North, St. Paul

Potential May Meeting topics · Contaminants of Emerging Concern (CECs) · Water Appropriations/Balance & Lake Levels/Groundwater Use · Conflict of Interest · Open Meeting Law

BOC · When to choose new members/alternates

CWC Field Tour