As you may know the Preserver Camp Coldwater Coalition has petitioned to give the Federal Land around the Coldwater Spring watershed protection through the Minnehaha Creek Watershed District, whose land already boarders the property. Over 1200 people have signed a petition to support this action.

What the Board of Water and Soil Resources (BWSR) Metro Region Staff has recommended with the boundary change to the Minnehaha Creek Watershed District (MCWD) and the Lower Minnesota River Watershed District (LMRWD) is everything South of Highway 62 goes to LMRWD and everything North of Highway 62 goes to MCWD.

If you look at the map, this does not follow with the hydrology boundaries, nor does if follow with the current setup of, the water that flows to the Mississippi River is in MCWD and water that flows to the Minnesota River is in the LMRWD. Instead it follows the political boundary of Highway 62 with the highway itself being in the LMRWD.

This is contradictory to BWSR’s own statement that “When making boundary determinations, the board considers surface water hydrology as the primary determinant for the setting of a districts boundary.

What this does is allows Minnesota Department of Transportation (MnDOT) to do road construction that crosses hydrology boundaries without crossing watersheds. This is exactly what MnDOT asked for, because they know that the preliminary work that they have done does not conform to the standards of MCWD but does conform to the less stringent standards of LMRWD. This is important to how Coldwater Spring flows because the construction of the road and sewer lines under it will cut into the bedrock of the area and potentially destroy water flow to the spring that runs 80 to 100 gallons a minute even through drought.

MCWD has set up regulations to protect ground water flow. LMRWD has not, nor have they shown any interest in doing so. This decision by BWSR allows MnDOT to do construction without protecting the valuable water resources and cultural significance in the area. The water resource of the Coldwater Spring is well known to State Hydrologists, to MnDOT hydrologists, State Historians, Fort Snelling, Fort Snelling State Park (who benefits from a stream created from the spring that runs through the park) Multiple Indian Tribes, and many local residents. The Cultural Significance of the area is supported by over 12 hours of oral testimony at the State Capital, and by MnDOT’s own Cultural Resource Assessment that even recommends that the area appears to be potentially Traditional Cultural Property, and that it may also qualify as a Sacred Place under Executive Order 13007, due to it’s connections to the Dakota and Ojibway tribes. It is also recognized as the Birthplace of Minnesota, by the State Historical Society.

Yet MnDOT still has not raised the grade of the road to make jack hammering into the bedrock unnecessary. Instead MnDOT is continuing to rely on best guess assumptions of the area as they have never done a full Hydrology Study to be sure that construction does not destroy the area. Worse yet, earlier construction shows ample evidence that construction IS destroying the water flow into the Minnehaha Creek Valley by destroying or damaging Black Ash seeps and destroying the water flow of a major spring at 50th street and Hiawatha Avenue. If construction continues as it has, there is NO REASON to believe that it won’t affect the Coldwater Spring.

This has prompted the MCWD to withdraw their petition to the land north of Highway 62 because the highway itself is outside of their boundary and they would not be able to regulate construction to protect the spring, but because the spring outlet would be within their boundary they would receive the blame when the spring dries up from construction. This decision was made by the MCWD because they believe current construction would very likely damage or destroy the Coldwater Spring but they would have no way to protect it. Therefore MCWD wants the spring outlet to be within whatever watershed would be responsible for monitoring construction. In this case that would be LMRWD who has no groundwater regulations.

How was this decision made? With three advisors on the BWSR board, one of whom is James (Jack) Frost. He is also a Met Council staff person, on the LMRWD Non Point Pollution Task Force, Metropolitan Airports Commission Deicing Task Force, is in the Ramsey Watershed Board, all of which makes his appointment to BWSR a potential conflict of interest as he appears to be regulating himself, and in the best interests of MnDOT, not the environment, or water resources. Furthermore the letter from BWSR is dated May 10, 2000 and the public was told during their April 27, 2000 public hearing on the issue that they would be give until 12 Noon May 11, 2000 to make any additional comments.

MCWD is still interested in the Coldwater area but is willing to take it only if they are allowed to protect it, by monitoring construction in the area. This can simply be done if BWSR follows it’s own primary determinates and follows hydrology boundaries rather than political boundaries.

Call BWSR and COMPLAIN LIKE HELL!!!!!

Numbers for BWSR are...

BWSR websight is
http://www.bwsr.state.mn.us/

Text of the BWSR Memorandum: