A state agency wants to continue supervising the county’s watershed efforts and withholding its right to intervene, but at least one commissioner says the county has done what it was asked and wants the agency to back off.

Wednesday, June 27, 2001

A state agency wants to continue supervising the county’s watershed efforts and withholding its right to intervene, but at least one commissioner says the county has done what it was asked and wants the agency to back off.

The state Board of Water and Soil Resources (BWSR) is questioning whether Freeborn County met the terms of its Shell Rock River watershed district abeyance agreement, and one BWSR board member has recommended a new agreement to ensure the county finishes planing for lake management, and implements the recommendations of the advisory board.

&uot;They want to know about the budget, if we can handle this thing; they want to know about the staffing and dredging,&uot; said Freeborn County Interim Administrator Daryl Meyer.

Jim Haertel, Water Management Specialist for the Minnesota Board of Water and Soil Resources, initiated the extension after reviewing the advisory board’s progress with county members Monday. He recommended drafting a new abeyance agreement which would give the county 18 months to tie up some loose ends before BWSR makes a determination on establishing an independent watershed district board.

BWSR last year gave the county 12 months to develop satisfactory plans for watershed improvements, saying it would impose a state-appointed board to govern the watershed if its conditions were not met.

Haertel is now drafting a proposed agreement that would require the county to develop a lake-management plan. It would also ensure they followed through with key points of the advisory board’s recommendation by establishing a schedule, he said. How they fund watershed work is up to commissioners.

&uot;This agreement is going to be less restrictive than the previous one, and it’s going to give the county board a lot more latitude and flexibility to make decisions,&uot; Haertel said. &uot;On the same token, if the county board is serious about implementing this plan, they shouldn’t have any problems entering into this agreement either.&uot;

The committee that developed watershed recommendations did not come to agreement on the controversial issue of Albert Lea Lake management

Commissioners could still decide to send their work to BWSR for review when the current abeyance agreement expires July 26.

&uot;What I tried to really clarify with people at the meeting yesterday is that you have the option of going to the BWSR board right now,&uot; Haertel said. &uot;But my read is that some of the conditions have not been met. This is not so much as what I see as a hoop to jump through, but if they want to go ahead and take care of this themselves and not have a watershed board, these are the types of things they’re going to have to do anyway.&uot;

Some commissioners were frustrated by the proposed extension. They felt they had met the terms of the abeyance.

&uot;So they’re never going to get off our back,&uot; Commissioner Dan Belshan said.

Belshan said he would talk to the Freeborn County Attorney about the county’s rights and potential legal action.

&uot;They say they have the power, but nobody’s testing them,&uot; Belshan said. &uot;I think it’s time to test it legally.&uot;

Other commissioners cautioned the board against rash action with BWSR.

&uot;I think we should tread lightly,&uot; said Commissioner Mark Behrends. &uot;We don’t want to upset them so they put the screws to us.&uot;

&uot;I’m a little bit leery about getting too rough with them,&uot; Commissioner Glen Mathiason agreed.

Belshan asked Meyer to have BWSR board members come to the next meeting to tell commissioners what they expect from them.

&uot;To explain themselves – not have them draft an agreement and have us sit here and try to figure out what they want us do do,&uot; he said. &uot;If they’ve got the authority and there’s nothing we can do, so be it.&uot;