Comments,
Questions and Answers BACKGROUND NOTE
ON NAME CHANGE MDC/DWM
, the Drinking Water Supply System, and the Ware River Watershed Watershed
Protection and Management Drinking
Water Protection - Science and Environmental Regulations The following public comments and questions have been raised by the public concerning Public Access in the Ware River watershed. MDC/DWM response is provided. This discussion specifically relates to Public Access on MDC-owned lands located within the Ware River watershed. Public Comment: Taxpayers' have a "right" to complete access on all State lands MDC/DWM Response: Not all land owned by the state is the same. Depending on the function of the land (e.g., water supply or state forest), state lands have different rules and regulations. MDC/DWM land has been purcahsed by water user rate payments, not monies from the general fund, the way State Parks and Forests are acquired. According to the MDC's Watershed Protection regulations (350 CMR 11.00), specific public access and recreational activities are allowed with restrictions (e.g., general and/or specific restrictions) or may be completely prohibited by the MDC/DWM. Thus, complete access on drinking water supply lands managed by the MDC/DWM is not allowed.
Public Comment: MDC/DWM can only exist through the tax dollars of the citizens of Massachusetts MDC/DWM Response: MDC's Division of Watershed Management, unlike, MDC's Parks and Recreation Division, is funded by the Massachusetts Water Resources Authority (MWRA) through water fees paid by the 47 user communities water districts. Individual rate payers in metropolitan Boston and three Central Massachusetts communities are the ultimate source of this funding. Public Comment: What is the Ware River watershed? MDC/DWM Response: The MDC owns approximately 22,000 acres in a topographically defined area commonly known as the Ware River watershed. This area is the land and water which contribute (i.e., "drain") to the point of the MWRA intake on the Ware River in Barre, Massachusetts. The water that enters the intake travels to either the Quabbin or Wachusett Reservoir through an underground tunnel, the Quabbin aqueduct. MDC/DWM considers three management areas within this watershed area. The Intake, the "Reservation" (as defined in the Kelly-Wettmore Act), and the remaining, "Off-Reservation" lands. Public Comment: MDC/DWM must prove that recreational activities are responsible for transmitting Giardia and Cryptosporidium into water supplies MDC/DWM Response: It is a fundamental principle of water supply development and protection that water is obtained from the highest quality source feasible and effort should be made to both prevent and control pollution within that source. The absence of waterborne disease in a community is not a viable reason for the relaxation of measures to protect a water supply. Further, public health records indicate that waterborne diseases have not been eliminated. Fundamental public health policy prohibits human or animal wastes in or adjacent to tributaries to water supplies because of the potential of feces to contain viruses, bacteria, protozoa (e.g. Cryptosporidia), and other organisms which could threaten human health, if transmitted to a water supply. Currently, cryptosporidiosis, a potentially deadly, waterborne disease found in feces, including horse waste (Fayer, 1997 (a literature review of over 125 references)), is not the only concern to water suppliers. Accordingly, the MDC/DWM will continue to control and manage public access to reduce the risk of introducing waterborne diseases according to standard public health practices, applicable environmental regulations, and on-going scientific research. Public Comment: Why are horses an issue for MDC/DWM? MDC/DWM Response: In 1988, less than 100 horses (estimated) were boarded in the town of Hubbardston, MA. By 1993, 483 horses were boarded in Hubbardston, and in 1998, the number had increased to 743 horses. This exponential increase of horses residing in the Ware River watershed, as well as additional horses being trailered in from outside the area to use MDC/DWM's water supply lands, is of concern to the MDC/DWM . Further, noncompliant horseback riding access on MDC/DWM lands has been a problem the Division continues to work to correct. MDC/DWM staff continue to report horseback riding on non-designated trails in the Ware River watershed. Public Comment: MDC/DWM has taken too much away from the public. MDC/DWM Response: MDC/DWM's land acquisition and water supply efforts have created large, unfragmented, and undeveloped lands near the second largest city in the Northeast without needing costly services from watershed towns such as Hubbardston and Barre. Over the years, the MDC/DWM's water supply lands have become an ecologically and socially significant resource in Central Massachusetts, providing over 22,000 acres of forested land specifically for drinking water supply and protection.. Public Comment: Other users are causing the problems MDC/DWM Response: Where appropriate and efficient, MDC/DWM will look to its staff, Advisory Committees (e.g., the Ware River Watershed Advisory Committee (WRWAC)), other state agencies, and the public to help minimize user conflicts and their negative impacts on water quality. Public Comment: Ware River Advisory Committee member composition is suspicious MDC/DWM Response: In 1995, an amendment to the existing MDC regulations was submitted by a local citizen and Senator Bob Wetmore to establish the Ware River Watershed Advisory Committee. This amendment was signed into law on November 22, 1995, by then Governor Weld. The amendment directed the MDC's Commission to collect three nominations from specifically named groups (below) and select 15 Committee members. In 1997, the MDC completed this task by selecting a primary and alternate candidate from the nominations received. In December 1997, the Ware River Watershed Advisory Committee was formed. The Committee is composed of: the Massachusetts Council of Sportsmen, Worcester County League of Sportsmen, Trout Unlimited, a rod and gun club located in the town of Barre, Hubbardston, Oakham or Rutland, a designee of the board of selectmen and historical societies of each town of Barre, Hubbardston, Oakham, and Rutland, a representative of the Massachusetts Audubon Society, Sierra Club, Ware River Watershed Association, and one member from the general public. According to M.G.L.A. 92 section 116 Watershed management plans: "The (MDC) commissioner shall at least once every five years, adopt after public hearing one or more periodic watershed management plans for the watershed system, which shall have been prepared with the participation of a professionally qualified forester and the appropriate watershed advisory committee. Any watershed management plan shall provide for, but need not be limited to, forestry, water yield enhancement and recreational activities. Public Comment: Horseback riders have a "right" to ride horseback in MDC/DWM (lands) in the Ware River watershed MDC/DWM Response: MDC/DWM's Watershed Protection regulations (i.e., 350 CMR 11.00) allow horses on designated trails on MDC/DWM lands in the Ware River watershed. Horseback riding is not restricted on private lands. Different state agencies have different policies concerning horse trails on state lands. Since 1988, after a public hearing, the MDC/DWM designated specific horseback riding access trails on its lands in the Ware River watershed in its Public Access Plan. In 2000, these trails were revised in the Public Access Management Plan Update; the Plan with a map of the designated trails is available at all libraries and town clerk's offices in the watershed, the State library, and the maps are available through the Ware River watershed map page. All individuals using the MDC/DWM's drinking water supply lands are responsible for understanding the rules and regulations regarding access and use restrictions. MDC/DWM continues to improve user education, appropriate signage, and monitoring. Public Comment: The September 1998 Public Issues Workshop was inadequately publicized, biased, dishonest, and "predetermined" MDC/DWM Response: The MDC/DWM is committed to creating an open process as it updates its policies. Therefore, instead of holding a public hearing on a complete, draft Plan, as outlined in existing regulations, the Division, began its update process with a public workshop to better understanding public issues related to access on MDC/DWM lands in the Ware River watershed. Two weeks prior to the Public Issues Workshop 7 press releases along with a detailed agenda were sent to local papers for publication. In addition, the MDC/DWM sent over 300 workshop notification letters to concerned individuals (many who had written to the MDC/DWM prior to the workshop), watershed State legislators, special interest groups, watershed town selectboards, libraries, and other state agencies. Three MDC/DWM staff, one MWRA staff, and a representative of the WRWAC presented factual background on the MDC/DWM's plan to update the existing Public Access Plan. All materials presented at the workshop were accurate to the best of the staff's ability and prior to any public input. In addition, all workshop materials provided by the MDC/DWM were clearly labeled "draft" (e.g., maps and summary sheets) to help prevent confusion regarding what is existing and what is drafted. Public Comment: MDC/DWM must open the process of recreation planning to special interest groups MDC/DWM Response: Over the past fifteen years, MDC/DWM has been well recognized for its public involvement efforts. According to MGLA 92 c 116. the MDC must develop its management plan in consultation with a professional forester and the appropriate advisory committee. Once the Management Plan is developed it must hold a public hearing. The MDC/DWM is committed to going well beyond this minimum requirement as demonstrated by working with its Advisory Committees (e.g. WRWAC, WSCAC), hosting a preliminary public issues workshop, attending access subcommittees, and managing an extensive public correspondence related to the Public Access Plan Update. Public Comment: The Division should consider wildlife habitat protection. MDC/DWM Response: The MDC/DWM works in partnership with the Massachusetts Division of Fisheries and Wildlife Management, University of Massachusetts - Amherst, and others on many issues concerning wildlife habitat protection. Public Comment: I've always been doing this in the Ware River.... MDC/DWM Response: MDC/DWM has had specific rules and regulations in place since the creation of the Ware River Reservation in the 1930's and in most cases, over the years, has posted the specific rules at all entry points. While these rules and regulations have changed over time, in general there have always been rules related to public access on MDC/DWM lands. In addition to increased scientific knowledge which has changed many environmental regulations, increasing population pressure and the corresponding increase in the public's interest have also contributed to changes in the MDC/DWM's rules and regulations to protect the drinking water quality. Public Comment: Hunting should be allowed on MDC/DWM lands. MDC/DWM Response: Since 1972, hunting and trapping on MDC/DWM land in the Ware River watershed has been allowed according to the MDC/DWM's general restrictions and according to state rules (e.g., State rules prohibit hunting on Sunday) during official seasons and times. Public Comment: Horses are allowed on Barre Falls Dam. MDC/DWM Response: The U.S. Army Corps of Engineers (ACE) own many acres around the Barre Falls Dam. The MDC/DWM does not control public access on lands (e.g., Barre Falls Dam and environs) managed by the Army Corps of Engineers (ACE). The MDC/DWM is working to coordinate with ACE to avoid conflicting policies and trail routes. Please contact ACE at (508) 928-4712, for a complete description of their policies. CONCLUSION Cautious and conservative watershed management and protection makes sense in light of the severity of health threats posed by drinking water contamination. MDC/DWM will continue a decision making process which is well-informed by science, open to interested and affected parties, and consistent with long-standing state policy to assure safe drinking water through watershed protection. To make
additional comments, please contact MDC/DWM at the following address: Last update: 4/00 |