November 29, 2004; Middle-Snake-Tamarac Rivers Watershed District
11/29/2004 10:14:43 AM
This is an opinion of the Commissioner of Administration issued pursuant to section 13.072 of Minnesota Statutes, Chapter 13 - the Minnesota Government Data Practices Act. It is based on the facts and information available to the Commissioner as described below.
Facts and Procedural History:On October 8, 2004, IPAD received a letter dated October 6, 2004, from Adrian Wesolowski. In his letter, Mr. Wesolowski asked the Commissioner to issue an advisory opinion regarding his access to certain data that the Middle-Snake-Tamarac Rivers Watershed District (MSTRWD) maintains. In response to Mr. Wesolowski's request, IPAD, on behalf of the Commissioner, wrote to Ronald Adrian, the MSTRWD Engineer. The purposes of this letter, dated October 11, 2004, were to inform him of Mr. Wesolowski's request and to ask him to provide information or support for MSTRWD's position. On November 2, 2004, IPAD received a response, dated same, from Blake Sobolik, an attorney representing the MSTRWD. A summary of the facts as Mr. Wesolowski provided them is as follows. In a letter dated August 30, 2004, Mr. Wesolowski wrote to Mr. Adrian and asked to inspect the following data: 1. Any documents or notes, including handwritten notes, which would show measurements and calculations for the cfs or fps or any other public data showing velocity, flowage or volume of water in the Snake River area taken at or in the vicinity of the bridge known as the Morkassel Bridge in McCrea Township on CSAH 34 during the years 1996 and 1997. Also any documents showing measurements and calculations for velocity, flowage, or volume of water which overtopped CSAH 34 within one mile in each direction of the Morkassel Bridge during the years 1996 and 1997. 2. Any documents or notes, including handwritten notes or records showing the dates and exact times when water flow measurements were taken in the 1996 and 1997 time period at or near the above Morkassel Bridge or on CSAH 34 within in [sic] one mile north or south of the above Morkassel Bridge. 3. Any documents or notes which show the instruments used to measure the above cfs or fps showing the type of velocity meter used, whether the counter was manual or electronically metered, and whether or not sounding weights, and whether a sounding reel were used to make measurements for questions #1 and #2 above. Also, any documents showing whether or not a bridge board was used in obtaining measurements in questions #1 and #2. 4. Receipts showing records of purchase for the equipment or documents showing how the above instruments (in question #3) were acquired by the MST Watershed District for use in taking measurements in questions #1 and #2 above. 5. Any other public data in relation to water velocity or volume measurements during the years 1996 and 1997 at or near the above Morkassel Bridge. 6. Any public data which would show what members of the MST Watershed staff took the above measurements in questions #1 and #2 above. Also, any public data which would show whether or not any one other than the MST Watershed District staff took velocity, flowage, or volume measurements at the locations and time periods outlined in questions #1 and #2 above. In his opinion request, Mr. Wesolowski wrote: My [August 30th, 2004, data practices request] was personally handed by myself to [the MSTRWD secretary] during regular business hours [on August 31]....After over a month, the MSTRWD has not provided access to documents nor has allowed any inspection of public data referred to in the above request to inspect data. Issue:In Mr. Wesolowski's request for an opinion, he asked the Commissioner to address the following issue:
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