It is the understanding of the Minnehaha Creek Watershed District that
MNDoT today successfully inserted the language into the conference
committee bill which totally negates the original intent of the law
with the knowledge and support of the authors, Senator Julie Sabo and
Representative Mark Gleason. Perhaps folks who are concerned about
this issue should be checking with them and expressing their concerns.
For the record, the Watershed District is opposed to any changes in
the law and has faxed the committee the following letter under my name
expressing our concern:
"June 1, 2001
TO THE MEMBERS OF THE TRANSPORTATION, PUBLIC SAFETY AND JUDICIARY WORK
STUDY CONFERENCE COMMITTEE:
The Minnehaha Creek Watershed District (MCWD) would like to
communicate its opposition to the legislation prepared by the
Minnesota Department of Transportation to reduce the protection of
Camp Coldwater Springs. The legislation would effectively repeal 2001
Laws Chapter 101, signed into law on May 15, 2001. Chapter 101
states:
Neither the state, nor a unit of metropolitan government, nor a
political subdivision of the state may take any action that may
diminish the flow of water to or from Camp Coldwater Springs.
The MnDOT legislation would exempt MnDOT's "existing and pending"
construction work on or related to Highways 55 and 62 from the
operation of the law.
It is our understanding that this law was passed to protect the
Springs in light of its exceptional historical and cultural
significance to the State of Minnesota. Our hydrogeological
consultants have studied MnDOT's proposed Highway 55/62 interchange
design carefully and estimate that 30 percent or more of the Camp
Coldwater flow may be diverted by the present design. Results of
field work due in four weeks or less will either support or dispel
this concern. The interchange work planned by MnDOT therefore falls
directly under the protection afforded by the statute. It is hard to
conceive of activity other than Highway 55/62 construction work, now
or in the future, that would pose a risk to the Springs. Therefore,
to exempt planned construction on this project from the law would seem
to exempt the only work that might trigger the law.
We note that the legislation would exempt LRT work as well. The
review performed by the MCWD does not suggest that LRT construction
has the potential to affect the flows to the Springs. We also note
that only two discrete features of the interchange work risk the harm
to the Springs, and are led to understand that fairly inexpensive
redesign can eliminate that risk. MnDOT's present legislative effort
seems to be a disproportionate response to the concern, particularly
where it repeatedly has expressed its commitment to avoid any possible
harm to the Springs.
Finally, it has been reported that the MCWD was a participant in an
"understanding" that Chapter 101 would not apply to MnDOT's pending
work. I wish to state clearly that this is not the case. The
legislation was not introduced at the MCWD's request, although we
offered supportive comments. At no time did any representative of the
MCWD participate in any discussion suggesting that the bill would not
apply to the Highway 55 project.
There is simply no reason that this project need be constructed in a
way that harms an important state natural and historical resource. We
urge you to maintain the protection of Chapter 101 as adopted by the
legislature."
Pam Blixt
Nokomis East
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