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One Year after Major Winona County Fish Kill, Citizen Action Has Made an Impact

July 26, 2023

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LEWISTON, Minn. — A lot of proverbial water has passed under the bridge in the 12 months since a major fish kill was discovered south of Lewiston: local residents banded together to learn more about the area’s vulnerable water resources; several groups teamed up to raise awareness of threats to streams, rivers and wells; and finally, a major new law was passed during the 2023 session of the Minnesota Legislature that improves the fish kill reporting process. But as the Upper Rush Creek fish kill anniversary passes, more work is needed to prevent future disasters and to hold polluters accountable, say the citizens involved with the issue.

“I am encouraged that this bill created a protocol for responding to and handling fish kills,” said Richard Ahrens, a Land Stewardship Project (LSP) member and a retired beef and crop farmer who lives roughly one mile from where at least 2,500 fish, mostly brown trout, were found dead on Upper Rush Creek south of Lewiston on July 25, 2022. Ahrens, along with other LSP members, helped draft recommendations to policymakers and participated in advocacy at the Minnesota Legislature to pass the “fish kill” bill. “It is our hope that the measures contained in the fish kill legislation will stir the waters of complacency in an effort to ensure healthy waters for aquatic and human health,” Ahrens added.

An angler reported the Rush Creek fish kill to state agencies immediately. However, it took nine months to determine that manure runoff after a rainstorm had caused the kill. In addition, this fish kill is one of many that have occurred in the region in recent years. In fact, summer season often becomes fish kill season in areas like southeastern Minnesota. In 2019, 1,500 fish were reported killed in Garvin Brook, just east of Lewiston. In 2021, 250 trout were found dead in Trout Valley Creek, just south of Weaver. And in 2015, one of the most productive trout streams in the state, the South Fork of the Whitewater River that passes to the west of Lewiston, was the site of yet another disaster that was estimated to have killed nearly 10,000 fish. Fish kills can result from numerous manmade sources, including pesticide and manure runoff, and prompt investigations are imperative before evidence is wiped out.

In 2022, Winona County residents, working with LSP, organized a campaign to improve the process for reporting fish kills. They held informational meetings, drafted a letter that was hand-delivered to Gov. Tim Walz’s office, and worked to push through legislation at the Capitol. Lee Stoe, an avid fly angler, was one of the LSP members who got involved. At the beginning of the legislative session he met with and lobbied the chief authors of the fish kill bill, Rep. Sydney Jordan and Sen. Jen McEwen. He also testified at the Capitol in favor of the bill. LSP members worked with a coalition of organizations that included the Minnesota Center for Environmental Advocacy, Minnesota Trout Unlimited and the Minnesota Well Owners Organization to collectively draft policy proposals that shaped the final language of the bill. Stoe said when he and other citizens started looking into the fish kills, they came to realize that water in the region faces numerous threats that need to be addressed, from chemical pollution to sedimentation caused by erosion.

“While looking for reasons for the fish kill, I found out about dangerously high nitrate levels in private wells in Winona County. I knew I needed to take action,” said Stoe, who, along with his son and grandson, had gone fishing on Upper Rush Creek just a few weeks before the 2022 fish kill. “I’m happy to know that our successful efforts will help protect not just the fish, but also the people.”

The bill that was passed, among other things, directs the Minnesota Pollution Control Agency, the Minnesota Department of Natural Resources, the Minnesota Department of Agriculture and the Minnesota Department of Health to propose and finalize a comprehensive investigation protocol. It also requires an on-the-ground response from the state within 24 to 48 hours of a fish kill, as well as a more comprehensive list of what samples to collect and what tests to run. The law strengthens the issuing of public notices to downstream residents when a fish kill occurs. State agencies must also make recommendations to the Legislature on what laws and regulations need to change to prevent future fish kills from occurring, particularly in the karst region of southeastern Minnesota.

“These citizens responded to a disaster in the community by taking action and getting this law passed,” said Sean Carroll, LSP’s Policy Director. “This shows the power of grassroots people power. Now we need to continue to address the root causes of this problem: manure mismanagement from the industrial farming system. Right now, it’s too easy for a few factory farms to get away with pollution, and that’s bad for the many other farmers who are stewarding the land well. In fact, it’s bad for all of us, because it threatens the water we all depend on. Our public policy needs to continue to do more to support the many farmers across southeastern Minnesota who are stewarding the land and protecting our water. Policy also needs to hold the factory farms who threaten it accountable.”

The Land Stewardship Project (LSP) is a private, nonprofit, membership-based organization founded in 1982 to foster an ethic of stewardship for farmland, to promote sustainable agriculture and to develop healthy communities. It has offices in the Minnesota communities of Lewiston, Montevideo and south Minneapolis.

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Garvin Brook near Lewiston, Minn., site of one of the Winona County fish kills.

Category: News Releases
Tags: CAFO • drinking water • factory farm • fish kill • groundwater • maure • Minnesota Legislature • nitrates • Rush Creek • water quality • Winona County

Contact

Sean Carroll, LSP Policy Director, e-mail, 612-400-6359

Upcoming Events

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August 2025

Tuesday August 5 – Thursday August 7

Farmfest 2025
Tuesday August 5 – Thursday August 7
Farmfest 2025
28366 County Hwy 13, Morgan, MN 56266, USA

Details are here.

Tuesday August 5

12:00 pm – 2:00 pm
Unlocking Conservation Resources for Communities & Farms
Tuesday August 5
12:00 pm – 2:00 pm
Unlocking Conservation Resources for Communities & Farms
Owatonna Public Utilities, 208 Walnut Ave S, Owatonna, MN 55060, USA

Join Renewing the Countryside and Natural Resources Conservation Service (NRCS) this summer at one of their eight conservation events in a town near you, where you will:

  • Learn how conservation benefits Minnesota’s rural communities.
  • Hear from a panel of local speakers.
  • Discover available NRCS Farm Bill programs and the economics of on-farm practices.
  • Enjoy a complimentary lunch, plus a chance to win door prizes.
  • Network with local farmers, neighbors, and conservation professionals.
  • Receive helpful materials and personalized support on next steps after the event.  

For more information, click here. 

Locations & Dates:
Each event is free, open to all, and runs from noon to 2 p.m. at the venues listed. Space is limited, please register in advance.

  • Hallock (Kittson County) – Tues, July 22 @ Far North Spirits
  • Elbow Lake (Grant County) – Wed, July 23 @ Elbow Lake Community Building
  • Sleepy Eye (Brown County) – Thur, July 24 @ Sleepy Eye Brewing Company
  • Milaca (Mille Lacs County) – Tues, July 29 @ Gorecki Community Center
  • Mora (Kanabec County) – Thur, July 31 @ Sapsucker Farms Yellow Belly Cidery
  • Owatonna (Steele County) – Tues, August 5 @ Owatonna Public Utilities Building
  • Jordan (Scott County) – Wed, August 6 @ Ridges at Sand Creek
  • Fairmont (Martin County) – Thur, August 7 @ Red Rock Center for the Arts

6:30 pm – 8:00 pm
Constitutional Observer Training
Tuesday August 5
6:30 pm – 8:00 pm
Constitutional Observer Training
LSP office, 111 N 1st St, Montevideo, MN 56265, USA

The Land Stewardship Project and CURE, in collaboration with the Immigrant Defense Network, are hosting a Constitutional Observer Training in Montevideo on Tuesday, August 5, from 6:30 p.m. to 8 p.m.

This training is intended to develop local community leaders’ knowledge and understanding of civil rights and to encourage engagement in civil initiatives that protect immigrant rights and due process. The training blends elements of “Know Your Rights” and “rapid response” in a practical, hands-on workshop experience.

This training is intended to empower local community members with the tools and resources needed to support the legal rights of our immigrant neighbors. Immigrant communities are essential to the strength, resilience, and prosperity of Minnesota. LSP and CURE envision a Minnesota where immigrant families live without fear, children dream freely, and communities stand united in their pursue for justice and their right to thrive.

For more information and to reserve a spot, click here. 

This training is part of Defender Action Day, which is being organized by the Immigrant Defense Network Aug. 5 and 7 in various Minnesota communities: Montevideo, Mankato, Saint Paul, Stillwater, Rochester, and Winona.

This is an opportunity to learn about our defend + drive approach and how to observe, protect, and uphold the rights of immigrant communities. You’ll get a toolkit on Know Your Rights and a badge as a Constitutional Rights Observer.
 
Sign up at the host site’s links below and learn more at immigrantdefensenetwork.org. Questions: info@immigrantdefenesenetwork.org.
 
LOCATIONS & DATES 
Mankato | David Mesta, COPAL 
Thursday, August 7th, 6:00 p.m. 
Shared Spaces 
127 S 2nd St 
Mankato, MN 56001 
https://secure.everyaction.com/ZM7-k1KQYUe_8rMpzTv9iw2
 
Montevideo | Nick Olson, LSP 
Tuesday, August 5th, 6:30 p.m. – 8:00 p.m. 
111 North First Street 
Montevideo, MN 56265 
 
Rochester | David Perdomo, COPAL 
Thursday, August 7th, 6:00 p.m. 
COPAL Rochester 
1210 ½ 7th St NW 
Rochester, MN 
https://secure.everyaction.com/h5dR_dK2EkK8zNekL7Fytg2
 
Stillwater | Jo Haberman, Indivisible-St. Croix Valley 
Thursday, August 7th, 6:00 p.m. – 7:30 p.m. 
Stillwater Public Library 
https://www.mobilize.us/stcroixvalleyindivi…/event/814452/
 
Saint Paul | Kevin Huynh, MN8 
Thursday, August 7th, 6:00 p.m. 
Griggs-Midway Building 
1821 University Ave W 
Saint Paul, MN 55104 
 
Winona | Kathy Florin 
Thursday, August 7th, 6:00pm 
Winona Arts Center 
228 East 5th Street 
Winona, MN, 55987 

 

Wednesday August 6

12:00 pm – 2:00 pm
Unlocking Conservation Resources for Communities & Farms
Wednesday August 6
12:00 pm – 2:00 pm
Unlocking Conservation Resources for Communities & Farms
Ridges At Sand Creek, 21775 Ridges Dr, Jordan, MN 55352, USA

Join Renewing the Countryside and Natural Resources Conservation Service (NRCS) this summer at one of their eight conservation events in a town near you, where you will:

  • Learn how conservation benefits Minnesota’s rural communities.
  • Hear from a panel of local speakers.
  • Discover available NRCS Farm Bill programs and the economics of on-farm practices.
  • Enjoy a complimentary lunch, plus a chance to win door prizes.
  • Network with local farmers, neighbors, and conservation professionals.
  • Receive helpful materials and personalized support on next steps after the event.  

For more information, click here. 

Locations & Dates:
Each event is free, open to all, and runs from noon to 2 p.m. at the venues listed. Space is limited, please register in advance.

  • Hallock (Kittson County) – Tues, July 22 @ Far North Spirits
  • Elbow Lake (Grant County) – Wed, July 23 @ Elbow Lake Community Building
  • Sleepy Eye (Brown County) – Thur, July 24 @ Sleepy Eye Brewing Company
  • Milaca (Mille Lacs County) – Tues, July 29 @ Gorecki Community Center
  • Mora (Kanabec County) – Thur, July 31 @ Sapsucker Farms Yellow Belly Cidery
  • Owatonna (Steele County) – Tues, August 5 @ Owatonna Public Utilities Building
  • Jordan (Scott County) – Wed, August 6 @ Ridges at Sand Creek
  • Fairmont (Martin County) – Thur, August 7 @ Red Rock Center for the Arts

Thursday August 7

12:00 pm – 2:00 pm
Unlocking Conservation Resources for Communities & Farms
Thursday August 7
12:00 pm – 2:00 pm
Unlocking Conservation Resources for Communities & Farms
Red Rock Center for the Arts, 222 E Blue Earth Ave, Fairmont, MN 56031, USA

Join Renewing the Countryside and Natural Resources Conservation Service (NRCS) this summer at one of their eight conservation events in a town near you, where you will:

  • Learn how conservation benefits Minnesota’s rural communities.
  • Hear from a panel of local speakers.
  • Discover available NRCS Farm Bill programs and the economics of on-farm practices.
  • Enjoy a complimentary lunch, plus a chance to win door prizes.
  • Network with local farmers, neighbors, and conservation professionals.
  • Receive helpful materials and personalized support on next steps after the event.  

For more information, click here. 

Locations & Dates:
Each event is free, open to all, and runs from noon to 2 p.m. at the venues listed. Space is limited, please register in advance.

  • Hallock (Kittson County) – Tues, July 22 @ Far North Spirits
  • Elbow Lake (Grant County) – Wed, July 23 @ Elbow Lake Community Building
  • Sleepy Eye (Brown County) – Thur, July 24 @ Sleepy Eye Brewing Company
  • Milaca (Mille Lacs County) – Tues, July 29 @ Gorecki Community Center
  • Mora (Kanabec County) – Thur, July 31 @ Sapsucker Farms Yellow Belly Cidery
  • Owatonna (Steele County) – Tues, August 5 @ Owatonna Public Utilities Building
  • Jordan (Scott County) – Wed, August 6 @ Ridges at Sand Creek
  • Fairmont (Martin County) – Thur, August 7 @ Red Rock Center for the Arts

View Full Calendar

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