Jordan Lake Association Newsletter
Volume 7 — Issue #1 — March 2007
GOOD SPRING TO ALL
Let us hope that after the months of January, February
and early March, we have a pleasant Spring. I think we deserve it. Since our last
newsletter there has been some good news. The lawsuit has been settled. We, the
Jordan Lake Property owners, achieved by court order what we have been seeking
since the Spring of 2000. An "Operational Plan For The Dam." The
Drain Commissioners basically got what they wanted , I think! They were judged
to be not at fault in their actions with regards to the operation of the dam.
The very fact that they really did nothing - no actions - during times of high
water and excessive rains played a major role in this judgment. A short
synopsis of the operational plan is included later in this newsletter.
So what does the future hold for life on Jordan Lake?
First of all, we now have some assurance that some action will be taken by
these drain commissioners and their successors with regard to regulating the
lake level on a consistent basis during times of high water events on Jordan
Lake. Secondly, studies have been completed on the downstream flow of the
Little Thornapple River, our outlet beyond the dam. This study shows that
several road crossing culverts must be replaced, including the one at Brown
Road, which effectively form a second dam during high water events on Jordan
Lake. We, as property owners and Lake Association members, need to keep
pressure of our local township officials to pursue these projects in the near
term.
The only negative to result from the lawsuit has been the
most recent actions by the Drain Commissioners using their assessment powers to
recover the entire cost of the lawsuit. As some know, many attempts prior and
during the suit were made at reaching a settlement. Each settlement request
included no more than the operational plan that resulted from the adjudication
of the matter last fall, but all were rejected by the Drain Commissioners and
their legal counsel. In other words, the only people who made money in this
matter were the attorneys.
The Drain Commissioners are now attempting to recover all
the costs of their stubbornness. Another stab in the back to the people of
Jordan Lake. As I have said in the past, if they had operated the dam on a
consistent basis, the flood damage of 2000 and 2004 could have been greatly
mitigated. It is a sad day in these
United States when a citizen or group of citizens cannot ask a public official to
correct a problem without resorting to the legal system, and then have to pay
for the results.
Mike
Cary
President
of Jordan Lake Association
----------------------
DAM OPERATION PLAN
The Jordan Lake Dam operation
plan can be found in its entirety on the JLA Web site. The following is a brief
summary of its principal sections:
The normal lake level of 811.0 in
the summer, May 15th through October 31st is defined. The winter level of 810.0
November 1st through May 14th is defined.
If the lake level rises to 811.3
during the summer season, four stop gates will be removed until the lake level
on the gauge at the dam reaches 811.0. The 810.0 winter level will be achieved,
as in the past, by removing a total of 8 stop gates in late October of each
year.
Those are the basics of the plan,
and if followed, will definitely help to mitigate flooding should it occur. It
is up to us as lake property owners to be observant and contact the Drain
Commissioners when high water conditions exist. Many of you can observe water
levels at your sea wall, or by observing the gauge at the dam.
The entire operation plan is
published on the Jordan Lake Association Web site at www.lakeo.org/jla/
Drain Commissioners
Tom Doyle, Barry Co. 616-945-1385
office
616-765-5463
home
tdoyle@barrycounty.org
John Bush, Ionia Co. 616-527-5373
office
616-761-3227
home
jbush@ioniacounty.org
----------------------
JORDAN LAKE
IMPROVEMENT BOARD NEWS
The Jordan Lake Improvement Board
voted to reduce the annual assessment for weed control by 50% for one year at
their January 9th meeting. Currently, the JLIB is spending approximately
$50,000.00 per year on weed control activities. The Board’s fund balance is in
excess of $150,000.00, and even with plans by Professional Lake Management to
use Sonar for Eurasian Milfoil this season, a large excess will remain in the
fund.
Other news of weed control
matters and the plans of JLIB and PLM can be found on the Association’s Web
site at www.lakeo.org/jla/
----------------------
JLA ANNUAL MEETING
The
annual meeting of the Association will be held on June 23rd at 7:00 pm at St
Edward Catholic Church basement.
Please
mark your calendar and plan on attending.
There are
currently no Association representatives for the Channels District, and the
Eagle Point District has only one representative.
Show Your Support For JLA
--- Attend The Annual Meeting
----------------------
IMPORTANT MEMBERSHIP NEWS!
Over
the past few years, the number of members paying dues has declined
considerably. It is expensive to publish this newsletter.
The
dues are $10.00 per year per family. A very modest amount, but we have few
participants regardless.
Consequently,
the Jordan Lake Association Board is considering distributing the newsletter to
dues paying members only. Delivery of the newsletter would be by e-mail or
postal mail — however the member prefers.
We hesitate to take this step — if the dues paying members rise above
1/3 of Lake residents this year, we will reconsider this change.
2007
dues are now due and payable to :
Jordan Lake Association
% Mike Reed, Treasurer
922 Lakeview Drive
Lake Odessa, MI
48849-1295
It
should be noted that while the lawsuit against the Drain Commissioners was very
costly, no Association dues monies were spend on the lawsuit.
----------------------
DAM OPERATION LAWSUIT
All’s Not Well That Doesn’t End Well!
The following letter was written by
Association President Mike Cary and sent to Ionia County Circuit Judge David
Hoort on March 12th…
Dear
Judge Hoort,
I
am writing to thank you for the excellent manner in which the adjudication of
our lawsuit against the Barry and Ionia County Drain Commissioners was handled
in your Court. The Operational Plan for the Jordan Lake Dam was exactly what we
had been requesting the Drain Commissioners to implement since the Fall of
2000. Prior to and during the entire lawsuit process, we requested no more than
the operation of the Dam in a consistent manner to mitigate the effect of
flooding during times of excessive
rain and high water. Now, thanks to your decision, we have a plan of
operation which should help greatly.
However,
I wish to report that this has not ended well. With the establishment of the
assessment district to handle and correctly apportion cost for dam operation
and maintenance, the Drain Commissioners are now assessing the lake property
owners for their entire costs in the lawsuit. This lawsuit did not have to
happen. The refusal of the Drain Commissioners to operate the dam in a
consistent, procedure directed manner contributed greatly to the flooding
conditions in both 2000 and 2004. The Jordan Lake property owners would have
been very happy with the procedures contained in the current plan and would not
have proceeded with the lawsuit.
I
do realize that there is little that you can do in this matter, but felt
compelled to inform you of the situation.
Thanks
again for your patience and good judgment in this matter.
Sincerely,
Michael
Cary
President,
----------------------
MYTH: On The Water, Anything Goes!
Attorneys
are frequently asked whether anything can be done to protect riparian property
owners from annoying incidents such as pesky bass tournaments, the anchoring of
boats by partying strangers for long periods of time just off shore (so-called
“party barges”), and other nuisances which occur on the surface of the water.
The answer
is -- probably (and... often costly) .
For
further information, go to the Michigan Lakes and Streams Associations Web
site:
www.mlswa.org/Legal/Legal45.htm
----------------------
MYTH:
Ownership Rights End At The Water
Absent highly unusual circumstances, title to the
overwhelming majority of lakefront properties on inland lakes in Michigan
extends to the center of the lake.
This means that only the owner of the bottomlands (which
is almost always the adjoining lakefront property owner) can utilize dockage, a
swim raft, overnight boat mooring, etc., on his/her bottomlands.
For
further information, go to the Michigan Lakes and Streams Associations Web
site: