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Daily Journal (Newspaper) - October 5, 1977, Fergus Falls, Minnesota ]ailuJournal 'Public waters' is a murky term UMIh YEAR NO. 234 FERGUS FALLS, MINNESOTAS6537 WEDNESDAY, OCT. 5, 1977 SINGLE COPY I5c SAFETY OFFICERS Above, school patrols pass In review of law enforcement oliiccrs at installment ceremonies Tuesday night. Below, Jack Aehler of the Fergus Falls Police Department, Glen Melby of Ihe Sheriff's Department and Fred PctersenoltheStatePalrokislwitli patrols. (Journal photos by Bob Reich man) School patrols installed The annual school patrol installment [or Fergus Falls and Underwood ivas held Tues- day evening at the high school with 210 students there for the ceremony, along with 175 parents. There are a total ol 235 school patrols. Various organizations were represented at the installment including the State Patrol, the Fergus Falls Police Depart- ment, the Sheriff's Depart- ment, the American the school district, the Home and School Association, (he PTA and the Kiwanis Club. Dayan, Carter come to agreement NEW YORK (AP) ......Israeli Foreign Minister Moshe Dayan, sidestepping a con- troversial American-Soviet declaration, announced today he and President Carter have agreed on a tentative formula for holding a Middle East peace conference in Geneva. Dayan, facing reporters in the early hours of the morning following marathon talks with Carter, emphasized the for- mula must be accepted by his government and by Israel's Arab neighbors. He said it might well be amended in the process. The surprise announcement was coupled with the reading by White House spokesman Jody Powell of a join! state- ment that pushed into the back- ground last Saturday's Ameri- can-Soviet declaration of prin- ciples intended as a guide for a Geneva conference. The Carter-approved state- ment specified that acceptance of the American-Soviet in- itiative, which angered Israeli officials and set off shock waves among that nation's American supporters, "is not a prerequisite for the reconven- ing and conduct of the Geneva conference." The statement said the United States and Israel agreed that 1967 and 1S73 United Na- tions Security Council resolu- tions aimed at promoting a Middle East settlement "re- main the agreed basis for the resumption of the Geneva peace conference." In Israel, Prime Minister Menahem Begin delayed a spe- cial session of parliament scheduled for Thursday to al- low ministers to study the Car- ter-Dayan understanding, which must be accepted by the Israeli cabinet before it can be acted on. A Foreign Ministry spokes- man said the understanding and Carter's U.N. speech Tues- day "are certainly gratifying and viewed with satisfaction." Egyptian officials were more hestiant. They cautioned that the Carter-Dayan under- standing may have made unac- ceptable changes in what the sources said was Carter's ear- lier proposal to the Arabs for reconvening the Geneva con- ference. They said that proposal was "like a cocktail" containing many different elements and that President Anwar Sadat had persuaded Pl.0 lead- er Yasir Arafat to go along with the proposal during six hours of talks Monday. There has been no confirmation of this fom the Palestinians. While the Carter-Dayan un- derstanding did cot nullify Ihe earlier American-Soviet declaration, it clearly was pushed aside, although the Israeli diplomat acknowledged that politically it will still have its impact." "We criticize and we do not accept many of its he declared. Dayan said he would recom- mend that his government ap- prove a working paper that would, if accepted by other na- tions involved, become "the agreed procedures for the Gen- eva peace conference." He said he expected early action by Is- rael. "It is something we have been working on a long said Dayan. Powell told report- ers the working paper already has been discussed with Arab officials and announced that Secretary of State Cyrus Vance will be holding further dis- cussions about it with the Arabs, In talking to reporters, Da- yan volunteered a hint that I.ebanon might be added to the list of participants in the Gen- eva conference. As far as Israel is concerned, he said, "Lebanon can come in." Carter was scheduled to meet with Lebanon's foreign minister this afternoon before returning to Washington following a twoday New York visit that featured talks with Dayan and Egyptian Foreign Minister Ismail Fahmy and an address to the United Nations General Assembly. One of Israel's objections to the American-Soviet declara- tion was their interpretation that it would call for accept- ance of a Palestinian state. The declaration referred to ''the le- gitimate rights of the Palestin- ians" a phrase Carter used for the first time in his U.N. address. American officials have in- sisted the declaration was'not intended to impose a settlement that would create such a state and Dayan said, "The Israeli position is that we shall not negotiate over a Palestinian state." ByPATWALKUP Area News Editor (First of two parts) Once a slough of ten acres or more that is surrounded by private land has been designated as "public waters" by the Department of Natural Resources doesil mean that anyone can hunt there and that eventually there will be roads and public access to that wetlands basin? Absolutely not, declares Terry Lejcher, area hydrologist for the Department of Natural Resources. The DNR has finished the preliminary mapping of public waters in Grant, Traverse and Wilkin Counties and is working on mapping in Otter Tail, Pope and Douglas Counties. But bodies of water are designated "public" only because it means that there must be a permit issued by the DNR in order for that basin to be drained. It does not affect the landowner's rights of ownership and privacy in regard to any other uses of the land. It doesn't mean that the slough belongs to Ihe public...... just that it is in the public in- terest for that slough to exist. The privalely-owned land remains privately owned. 'Public waters' is bad says Lejcher, who adds that he wishes some other term had been used by the legislature in defining Ihe basins which are to be regulated by water permits. He emphasizes that under Min- nesota statutes, what the term means is that Ihe owner of the land cannot change the course, current or cross-section of that body of water without a permit to do so. Mapping of the public waters was mandated by the 197G legislature, which also gave eight reasons why a basin might be considered of public benefit. The law, enacted from Chapter 83 of S.F. 1308, was an attempt to solve Ihe question of which wetlands basins were and which are not subject to previous Jaws concerning alteration of public waters, Lejcher explains. Since 1927, Weather roundup Freeze or frost warning tonight. Variable cloudiness with a slight chance of a shower early tonight. Partly cloudy Thursday, Continued cold with freezing temperatures tonight. West to northwest winds 10 to ID mph tonight. Lous tonight in the middle 20s to the lower 30s. Highs Thursday in the lower and middle Ms. Probability of measurable precipitation 20 percent tonight. High Tuesday 5L 31. At a.m. 35F, 2C. At Noon Precipitation 24 hours ending 8 a.m. today, .04. Sunrise Thursday Sunset Temperatures One High 59. Low 19. On f he inside Area happenings. Page I! Karly intervention is youth program key. Page 5 On the local scene. Page 14 there have been laws in Min- nesota requiring to change the character of public waters, but there has never been a precise definition of what were and what were not public waters. In 1973, a list of eight reasons was drawn up by Ihe legislature to be used as criteria for determining if the body of water provided a public benefit in one of Ihe following ways: groundwater recharge, flood water retention, nutrient entrapment, recreational activities, public navigation other than recreational, wildlife habitat, or as a scientific or natural area. "They thought this would solve the Ujchc-r explains. But the problem of determining whether a par- ticular basin could be drained without a permit continued. Each time a landowner drained a slough that the DNR felt should be considered part of the public waters, there had to be a hearing and often a court case, That was for each individual wetland, and it cost a lot in time and mone-y. The plari adopted by the 1976 legislature is designed to put down on paper, once and for all, which wetlands are public and which are not and again, "public" is used strictly in the sense of altering the course, current or section, so in terms of wetlands, it specifically refers to drainage. The procedure is for the DNR to prepare a map of the lakes and wetlands basins ten acres of more in size and to designate which of these the DNR feels should be included in the permit process. Meanwhile, the county prepares a map of the rivers, creeks and waterways and decides hoiv it wants to designate these. Then the DNR and the county board get together and work out agreements. If they agcee, there is a public hearing and, pending results of (he hearing, the designations become official. But if the county and the DNR do not agree, on designation of certain basins or waterways, the. ones they do on ace designated, They have GO days lu agree on the rest, and if they just can't come to terms, a hearing is conducted by Ihe Office of Hearings Examiners, an independent state agency. This is a change, I-ejcher notes, fruin the system by which the UMl its'elf conducted hearings on disputed water permits. He is relieved about the change because it should put a stop to Ihe charges thai the DNH conducts a "kangaroo court." A hearings unit is appointed to decide on (lie matte, based on the evidence presented at the hearing. Ihe Commissioner of Natural Resources appoinls two persons to the panel the county board appoints one ptrson, the soil district ap- points one person, and those four name the fifth member. If (hey can't agree on a fiflh per- son, that person is appointed by (lie local Soil and Water Con- servation District board. The hearings unit issues a liriding of fact which is binding for both the county and the DNR. Neither of these groups can appeal the hearing unit decision in court, but either one can join an appeal entered by an aggrieved party. So far, the mapping isn't near completion for Otter Tail County, so it isn't nearly time for even the first hearing en the preliminary mapping, Lejcher says. One thing that is causing confusion right now is that although this designation process isn't completed, (he 1976 law gave the Com- missionercf Natural Resources the power to issue an order that would be legally binding on all drainage actions that come up before the designation process is finished. In other words, it is a temporary order to make sure that some basins aren't "slipped through" and drained in order to avoid the permit process. What that Commissioner's Order Number One states, I.ejeiit-r says, is tha the following bodies of water shall (Waters) Continued on Page20 Carol Swenson named museum administrator m Carol Swenson, 2j, began duties this week as ad- ministrator ol the Otter Tail County Historical Society museum. She succeeds Sharon Hinlgen, administrator since 1973 who is changing her career to hctneinaker. Swenscn was one of 15 ap- plicants for the position. Most recently she taught social studies in junior high at Alexandria for two years, She- grew up on a farm near Murdoch and graduated from the University of Minnesota, Morris, in 1574 with majors in sociology and social sciences. After graduation she was assistant director oE the West Central Minnesota Historical Research Center at -Morris. It is affiliated the Minnesota State Historical Society. Her involved taping oral histories, correspondence and acquisition of documents, photos, manuscripts anil papers of law firms, stores and politicians. Working with people, organizing volunteers on a continuing basis, developing and working with new programs, keeping financial records and maintaining in- terest in the museum will be among her duties. The museum staff includes Nancy Carter, assistant CAROLSWEXSON curator, and Richard Lee. employed under CEP. who are full time; Laura Dunlap, curator, and Palmer custodian, who are part time. Functions of the museum also include loO active volunteers. Swenson said she hopes for expansion of educational services and oral history taping and particularly to keep up the community's interest in programs and displays. Bookmobile service to start soon in four-county area The Viking Ijbrary system, a regional public service, will begin bookmobile operations in this area this month, Stephen Von Vogt, director, has an- nounced. The bookmobile will operate from Fergus Falls and Morris, supplying regular library service to Ihe four counties presently in the Douglas, Grant, Otter Tail and Slevens. In addition to the browsing collection of ap- proximately books carried on the vehicle, the resources of each ti! the ID-mombcr libraries and back-up resources of the Twin Cities will be used. Rooks, magazines, reference materials, and eventually recordings and dims, will be available. Services are open to any resident ni the Jour-county area once they have applied for and received a Viking Library System card. Cards arc available at no charge and can be obtained Erom the bookmobile or any of the public libraries in the region. They can also be requested in wTiting from the Viking Library System, P.O. Box 808. Fergus Falls ynffi. The bookmobile is scheduled to be nil the road four days each week, running eight different routes in a two-week period. Fach scheduled stop will be visited every other week. The schedule appears on Page 2. The Viking I Arary System is one of H multi-county regional units in the stale. Funding is provided by local county monies and state and federal matching grants. The present four-county area covers almost sguare mile.s, reaching over people. Headquarters for the system will soon be located at N. Cascade St., Fergus Falls, in a huilding that is being remodeled. The staff, slill not completed, includes Janet Kllis, administrative assistant, Richard Vogt. bookmobile librarian. Susan Dcwey is a bookmobile clerk. An assistant director and another book- mobile clerk will be added. Resides providing book- mobile service, Ihe system is in partnership with 10 existing I i br aries- Al exandr la, Brown's Valley, F.lbow Fergus Falls, nicnwciid. Hancock, Morris, New York Mills, Perham and Wheaton, Von Vrigt points nu[ thai the federation, with its combined personnel and material resources, is able to enter a widely expanded public service program, cine that, in- dividually, Ihc separate libraries could not afford. The Viking Library System has determined grants for existing libraries for fiscal 1977- 78 in lieu of services to be provided by the system and as compensation for services to non-resident patrons. The grants are based on one dollar per person and on the 1970 pop'jlation of cities with libraries and a maximum of J] 0.000. Amounts arc for Fergus Falls, for New Yuik Mills, for Perham, for Morris, for Hancock. lor F.lbow l-ake, S7.000 for Alexandria, for Browns Valley, for Wheaton an.l Sl.450 for (ilenwoocl. The grants arc In be used for Ihc acquisilion of library (Library) Crintinucdon I'agcSO WlOkMOBlIJ? STOCKRD A Vftliu; Library System book- shirking includes, from the left Stoptien Von Vo mobile soon WIII take to the road with stops scheduled in four .lireclnr; JanoiKllis.administratm-assis.ani and Kich'rrt cmintics. Mall involved in selling up the regional service and librarian. Uwim.il pholr. by .laim-s C.rao'
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