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Coldwater Compromise
A new law puts the burden on MnDot & MCWD
by Susu Jeffrey
The Coldwater Springs protection law of 2001 was effectively repealed
in May with an amendment to the transportation “housekeeping”
bill of 2002. Under the earlier law, MnDOT was prohibited from any
action resulting in the “diminishment of flow to or from the
spring.” The new compromise ammendment takes responsibility
for the design of a Highway 55/Highway 62 interchange out of the
courts and places the burden of deciding upon a design directly
on MnDOT and the Minnehaha Creek Watershed District (MCWD).
Controversy over the Highway 55/62 interchange extends back to 2000,
when the MCWD first voiced concerns that the new road construction
could impact the behavior of Camp Coldwater Springs, which flows
in the vicinity. A number of hydrological tests validated that concern,
and resulted in months of wrangling between MnDOT and the MCWD over
the road design.
Preliminary discussions about the new plan call for the Highway
55 roadbed to be raised 2 ½ to 5 ½- feet above the
bedrock, a move that MnDOT expects to eliminate any interaction
between the new construction and Camp Coldwater Spring. However,
the road would still be built 4 to 8-feet down into the water table,
about 35-feet below the former land surface. The water table forms
a pond which is visible under the military bridge at the 55/62 interchange
construction site.
A liner beneath the 4-lane roadbed would theoretically isolate the
road from the surrounding underground water. A Minnehaha Watershed
District engineer described the liner as a “somewhat impervious
geo-textile.”
MnDOT spokesman Tom Worke said there are no guarantees that the
proposed design will work as intended because the area’s hydrology
is complex and the liner approach is untested (Star Tribune 3/23/02).
If MnDOT’s 2 ½-foot adjustment to the roadbed does
not satisfy the MCWD, it will alter the already constructed military
bridge or tear out the bridge and start again.
“Easing” the Coldwater environmental law was the result
of months of secret negotiations sponsored by Reps. Wes Skoglund
(D-Mpls) and Dennis Ozment (R-Rosemount). Presented as an amendment
to a transportation bill, the “stipulation” agreement
doesn’t mention “preserving the natural flow to the
spring” or even point the case back to Hennepin County court.
The two government agencies, MnDOT and the MCWD, simply must agree
on what sort of limited damage might be inflicted on Coldwater.
These are not negotiations among equals: just compare MCWD’s
$6 million 2002 budget to MnDOT’s $4.5 billion. The latter
also benefits from extensive legal services provided by the office
of the state attorney general. Furthermore MnDOT has already floated
legislation to “streamline the process” by bypassing
Minnesota’s regional watersheds with their “not in my
back yard” roadblocks.
A Personal Perspective
The most crucial issue is water—not roads,
not politicians or the egos at MnDOT, or how cheap the fix is—it’s
the water. The water.
Is limited damage enough to save Camp Coldwater Springs? Welcome
to the water wars. Control of water resources is shaping up to be
the crisis of our time. Water resource conflicts have raged in California,
and between Israel and Palestine. The Seattle WTO agenda even included
a plank to privatize all the world’s water. Our bodies are
70 percent water, as is the earth’s surface. But of all that
water, less than 1 percent is potable. Coldwater Springs is still
drinkable.
In all likelihood there will be a loss of flow to Coldwater because
all the new concrete will eliminate “recharge” area
for the spring. Native science, taught as “legend,”
indicates Coldwater is gravity-fed from Taku Wakan Tipi (“Something
Sacred Dwells Here”), the airport hill called Morgan’s
Mound by early European settlers.
Camp Coldwater Springs is recognized as a sacred site, both traditionally
and, more recently, by the 250-member National Congress of American
Indians. What’s more, it is both the largest and the last
major spring in the Twin Cities area. The other important spring
in the area, the Great Medicine Spring in Theodore Wirth Park, went
dry with construction of I-394 in the late 1980s. I-394 is permanently
dewatered at a rate of 2.5 million gallons a day. The Great Medicine
Spring had been frequented by Indian people “who came hundreds
of miles to get the benefit of its medicinal qualities,” according
to Col. John H. Stevens (1874), first white settler in the Minneapolis
area. The Great Medicine Spring is now extinct.
The rainwater that falls on the new road surfaces will be drained
by a sewer system directly into the Mississippi River, rather than
filtering through soil and rock to Coldwater or to “seeps”
(mini springs) along the river gorge. The area between St. Anthony
Falls in downtown Minneapolis and the confluence of the Mississippi
and Minnesota rivers is the only true river gorge on the entire
2,350-mile length of the Mississippi River. Camp Coldwater Springs
is halfway between Minnehaha Falls and the Mississippi/Minnesota
confluence, flowing at a pre-construction rate of 100,000-144,000
gallons per day (70-100 gallons per minute).
“We know that the falls, which came to be known as Minnehaha
Falls, was a sacred place, was a neutral place, a place for many
nations to come … and that the spring from which the sacred
water should be drawn was not very far,” Eddie Benton Benais,
Anishinabe spiritual elder from northern Wisconsin, said in sworn,
court-ordered testimony, 3/19/99. “My grandfather (born 1834)
who lived to be 108, died in 1942—many times he retold how
we traveled, how he and his family, he as a small boy traveled by
foot, by horse, by canoe to this great place to where there would
be these great religious, spiritual events, and that they always
camped between the falls and the sacred water place. How we take
care of the water is how it will take care of us,” Benais
recalls the prophecy.
Soldiers who built Fort Snelling (1820-23) lived at Coldwater and
a civilian community developed around Camp Coldwater to service
the fort. Those families founded St. Paul and Minneapolis—indeed
the state of Minnesota.
And Dred Scott walked at Coldwater. Scott was born a slave to the
hard luck Blow family of Virginia. He ran away, was caught and beaten
by a gang of young thugs who returned the slave to his master for
the reward money. He and his wife lost their 11-year battle for
freedom in “the most unpopular Supreme Court decision in the
70-year history of the court.” Into the rising fire of Abolitionist
sentiment in Scott v. Sandford (1846-57), the high court declared
Dred Scott to be ineligible to file a suit in federal court for
his freedom because he was not a person.
“The Camp Coldwater settlement is in many ways a dream archaeological
site,” says historical anthropologist Bruce M. White, Ph.D.
“The birthplace of Minnesota [is] a rich, culturally diverse
area in which Indian people, whites, fur traders, missionaries,
soldiers, and settlers came together to create the basis for the
state as it is today.”
Every body of government claims it wants to save Coldwater. Every
local politician this election year claims he or she has saved the
springs. But recently the flow at Coldwater has been yo-yoing between
55 and 115 gallons per minute. Inserting a 4-lane highway into the
water table, airport expansions, dewatering along the new 55, the
old 55, the temporary road, the frontage road, the park road, the
bike path, the walking path, the parking lots, the accumulation
of impervious surface, the removal of trees—all of these so-called
improvements negatively impact Camp Coldwater Springs.
The springs have been flowing at least 10,000 years. The new highway
is designed to be rebuilt and expanded in 20 years. Those are the
facts. In the midst of our state’s major population concentration
a quiet, sacred, beautiful, historic landscape still exists.
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