The Albert Lea Lake dam project is finally under way.

The Shell Rock River Watershed District Tuesday morning approved plans for the Albert Lea Lake dam project — after a discussion lasting longer than an hour.

The vote was 4 to 3 with board members Roger Peterson, Art Ludtke, Clayton Petersen and Al Bakken voting for the current plans. Board members Bruce Haugsdal, Brett Richards and Gary Pestorious voted against the plans.

The variable-crest dam plan includes moving the existing bridge over the Shell Rock River north to South Shore Drive as well as adding two fishing piers, a walking path, canoe access and an eight-stall parking lot on the east side of the river.

“This is the best compendium we could possibly put together that would meet the needs of the broadest number of stake holders in this thing and deal with the environmental concerns that need to be addressed,” said Tony Trow, who helped write the Albert Lea Lake water management plan.

Greg Jensen, who recently purchased the property from Lloyd Palmer, was in attendance at the watershed district’s regular monthly meeting and spoke out against the proposed plan.

He wanted the watershed district to replace the dam at its current location over the river at a fixed-crest elevation. Jensen said he would allow the watershed district to fix only the dam, and he would not allow access after construction is done.

Jensen said he doesn’t think the county needs more public lands. He would allow fishermen to fish off the banks of the river on his property, but doesn’t want a parking lot or fishing piers. He currently owns land adjacent to the parcel under dispute and has for the last 25 years worked to build a wildlife area there.

“I think this could have been negotiated pretty easily” but a few of the board members weren’t willing to negotiate, Jensen said.

He purchased the 80-acre site covering the entire project area in May, and the watershed district began negotiations about construction with Jensen soon after. The watershed district was previously in the middle of purchase negotiations with Palmer when Jensen bought the land.

Controversy surrounds who has legal ownership of the land. The land has changed hands a few times, but the Minnesota Department of Natural Resources and the state attorney general’s office declared ownership to Freeborn County, which is working jointly with the watershed district on the dam project.

Former watershed district board member Harley Miller spoke during the public comments portion, calling the current plans “a mistake.”

“I think you can get rid of a lot of headaches by putting in a fixed crest dam,” Miller said.

The approved plans include a variable-crest dam, which would allow the watershed district to control the water level of the lake. At some point, Clayton Petersen said, Albert Lea Lake should be drawn down to get a fish kill and eliminate carp in the area. Jensen said he is worried reducing the lake level would make it susceptible to an invasive cattail species and result in an area resembling Bear Lake, which is not easily accessible any more.

The plans for the Albert Lea Lake dam include an eight-stall parking lot on what is now Jensen’s land. Jensen said he will not allow construction on his land, so work may have to be done through an eminent domain situation by Freeborn County.

“I’m not going to have public property in the middle of my deer woods or alongside it now that I own it,” Jensen said. “I’ve spent 25 years putting that woods together.”

Board member Pestorious said, through discussions with county commissioners, he doesn’t think the county will pursue imminent domain.

“I don’t look at it that I’m taking someone’s property,” Petersen said. “I’m just proving that it’s back where it belongs.”

The joint project is between the watershed district, Freeborn County and the DNR. From the watershed district’s approval, the plans go on to the county and if approved they get sent to the Minnesota Board of Water and Soil Resources.

After a comment period administered by BOWSR, the plan proposal goes back to the watershed district for final approval before work begins.

Much discussion surrounded the details of the plan. Some board members wanted a fixed-crest elevation dam, others wanted a rough fish barrier and others were against the parking lot. If changes were made to the plan, per the instructions of the board, it would have to go through the engineering process again and delay the project longer.

According to Administrator Brett Behnke, roughly $220,000 has been spent on the project through legal fees, a feasibility study and design.

In May, the watershed district board voted to postpone work on the Albert Lea Lake dam until 2009 for funding reasons. Behnke said he isn’t sure when construction will start, but if everything goes as planned work can begin in late summer 2009.