Even small streams are considered public

Published 8:43 am Monday, September 29, 2008

I have read Mr. Roger Olson’s and Mr. Lloyd Palmer’s letters to the Tribune. I stand by my letter.

A number of questions remain to be answered. If in fact there was no contact with Mr. Palmer till this year. I would have to determine that the Shell Rock River Watershed District board was negligent in their fiduciary duties to area taxpayers. To spend this amount of tax money without a written option to purchase was negligent. I sat on the SRRWD board at the time the dam studies began. I distantly remember being told that the Palmers had been contacted and negotiations were under way. Perhaps this was wishful thinking on the chairman’s behalf.

I was aware of the ruling in the 1960s; however, I do not believe it was a viable ruling. How can public water flowing out of a public lake suddenly become private water? We have dug several wildlife ponds on our farms. I accept the fact, that even if we built the dams and excavated the bottoms, the water retained therin is public. In nearly all states any stream that can be navigated by a canoe is considered public waters. Even tiny trout streams in eastern Minnesota appear to be public. This ruling needs to be challenged by an organized local group. I would be more than happy to volunteer my services to be arrested for illegal trespass to test this ruling. We may need to get the state Legislature involved.

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The SRRWD’s sole mandate is to clean up the water in lakes and streams within its jurisdiction. Building a dam will have no effect on water quality. In reality replacing the dam is the responsibility of the Department of Natural Resources, who cleverly shifted that responsibility to the SRRWD with an offer of $200,000 to be used for dam construction.

With the ownership of the dam still in question and access to the river also being challenged, and neither issue having any thing to do with clean water, I would recommend that this hot potato be handed back to the county commissioners, the DNR and other interested groups to resolve, and the SRRWD focus on clean water.

The funds that are being held for dam replacement, could be used to purchase a medium-sized dredge so that the work of dredging Fountain Lake can begin. Dredging and carp control will give the area residents the most bang for their buck. While other efforts are important, until the sludge on the bottom of our area lakes is removed, clean water will only be a dream. If there are not enough funds in the SRRWD budget, I am sure that the community would help out. After all, we can raise nearly $20,000 in one day for fireworks.

Don Sorensen

Albert Lea