Prepared by the Metropolitan District Commission Division of Watershed Management (MDC/DWM) - December 8, 1999NOTE ON NAME CHANGE
On July 1, 2003, the Metropolitan District Commission and the Department of Environmental Management were merged into a new agency, the Department of Conservation and Recreation. All references in the following material to the Metropolitan District Commission Division of Watershed Management (MDC/DWM) are interchangeable with the current DCR Division of Water Supply Protection, Office of Watershed Management.

MDC/DWM adopted the MDC/DWM Public Access Management Plan Update - Ware River Watershed in January 2000. This plan applies to Division owned lands in the Ware River Watershed. The Plan is one aspect of the Division's comprehensive watershed protection efforts to provide safe and clean drinking water to current and future generations (See MDC/DWM Watershed Protection Plan Updates for more information). s

It has been observed during the development of the Access Plan Update, in particular at a workshop held in September 1998 and a public hearing in November 1999, that there are several general misconceptions regarding water supply land ownership, land use jurisdiction, and water quality issues. This fact sheet is designed to provide answers to these recurring questions. This information is part of the on-going discussion regarding public access on drinking water supply lands in the Ware River watershed.WATER SUPPLY LAND

Who has paid for these water supply lands?
MDC/DWM land has been purchased through monies raised by bonds paid for by the water users not by all taxpayers. The MWRA ratepayers fund MDC/DWM’s current operating budget.

How does the MDC/DWM acquire additional water supply lands?
MDC/DWM uses a combination of acquisition tools: fee simple acquisition and conservation restrictions. MDC/DWM's policy is to employ a "friendly taking" where the landowner agrees to the acquisition and price.

Does MDC/DWM pay property tax on the water supply lands?
The MDC/DWM makes consistent, annual payments in-lieu-of property taxes (PILOT) to all towns in which the Division owns water supply land. According to state statute (M.G.L. Ch. 54, §5G), these payments cannot be reduced.

JURISDICTION

Can MDC/DWM regulate land use on the water supply lands?
Yes. Since its inception, the MDC/DWM (formerly the MDC Water District) has had specific regulatory jurisdiction to control public use of its drinking water supply lands. This regulatory jurisdiction is found in the Code of Massachusetts Regulations (CMR) at 350 CMR 11.00, which states that "no person shall corrupt, render impure, waste or improperly use any such water [of the watershed system]."

WATER QUALITY

What is the MDC's water quality goal?
MDC/DWM's water quality goals are not limited just to the water at the Ware River intake, but encompasses the entire watershed, even remote locations. Currently, water quality throughout the Ware River watershed varies. The MDC/DWM has the goal of maintaining high water quality throughout the watershed.

Why are "Waterborne Diseases" a major concern?
Basic water supply protection and public health policy prohibits human and animal wastes in or adjacent to tributaries of surface water supplies because of the high potential risk of contamination from feces containing viruses, bacteria, and other organisms, including Giardia and Cryptosporidium, which cause waterborne diseases. In this discussion regarding public access, the Division has emphasized its focus on microbiological pathogen prevention by reducing the threat from domesticated animals (e.g., horses, dogs, etc.) using control measures and monitoring. Evidence of impacts to water quality by recreational uses is provided by MDC/DWM's review of the scientific literature. Due to emerging detection techniques, the results of many scientific studies vary with respect to threat type, significance, use type and intensity, as well as secondary effects. The Division will remain cautious and conservative in its access policy. MDC/DWM is addressing water quality threats from wildlife sources and human sources through its watershed protection program.

Contact Information:

• MDC/DWM's Ware River Field Office at (508) 882-3636 Report emergencies to the Massachusetts State Police at (413) 323-7561 or *SP (*77) on cellular phoneMDC/DWM Watershed Rangers at (413) 323-0191
• Quabbin Visitor Center at Winsor Dam in Belchertown, MA at (413) 323-7221

* The Division owns approximately 23,000 thousand acres of the approximate 60,000 acres comprising the Ware River watershed - the area draining to the MWRA diversion facility on the Ware River in Barre, MA. This watershed includes areas wholly or partially within the following eight towns: Barre, Hubbardston, Oakham, Phillipston, Princeton, Rutland, Templeton, and Westminster.