Jordan Lake Association Newsletter

Volume 6 -- Issue #1 -- June, 2006

GOOD SPRING / SUMMER TO ALL

By Mike Cary, President

I hope that this newsletter finds everyone enjoying the benefits of living on Jordan Lake. In spite of the now normal heavy rains in mid-May, the lake has been flood free. We have a couple of things to thank for this situation. First, the rains, though heavy, were spread out over several days allowing for a more even runoff. Secondly, the Drain Commissioners were more vigilant than usual and raised four gates when the lake reached almost four inches above the 811.0 mandated summer level. It is my understanding that these Drain Commissioners (Tom Doyle and John Bush) will continue to operate the dam in the above manner when needed for this season.

However, the matter of dam operation is still not completely settled as the Drain Commissioners have continued to refuse the establishment of any written procedures for future dam operation. I do not think that we need to be concerned about how the present Drain Commissioners operate the dam during periods of high lake levels and excessive rains, but, without an operational agreement, we cannot count on their successors to cooperate in the same manner.

Unfortunately, the lawsuit drags on. We have, and continue to offer, the same reasonable settlement as first proposed in November of 2004, long before the actual filing of the lawsuit.

Reviewing once again, the following are the basics of what we are requesting:

Raise a minimum of four (4) gates when the lake level reaches 811.33 on the gauge at the dam.

1. Do this within a reasonable length of time, i.e. 4-6 hours after notification.

2. Lower the gates only after the lake returns to 811.0 on the gauge at the dam.

3. Verify the accuracy of the gauge at the dam by an acceptable method in April of each year.

The Drain Commissioners are still refusing to enter into any operational agreement or develop written procedures for the dam because, in their words, "Many people on the lake believe that doing such will solve all flooding problems on the lake." I am not sure who these "many people" are as the many lake residents that I have discussed the matter with over the past six years - since the first flood in May of 2000 - have acknowledged that adjustment of the dam is only part of the solution to our flooding problems. Once again, we are all reminded that the downstream flow from the lake is another large contributor to flooding conditions. The principal barrier to a freer flow of water beyond the dam is the culvert-type bridge at Brown Road.

As a Lake Association, we should begin to focus our efforts on improving the downstream flow, with emphasis on the Brown and Wellman Road bridges. The Barry County Road Commission has plans to improve several road crossings further downstream. The Lake Association should develop a plan to promote improvement of the Brown and Wellman Road crossings as a priority for the Road Commission.

I had hoped that I would have better news on the lawsuit, but it appears for some reason the Drain Commissioners want to drag this out to the bitter end, i.e. a court-stipulated settlement. I will try to keep everyone informed on any progress.

Have a wonderful and safe summer...

CONTACTING DRAIN COMMISSIONERS

Anyone wishing to contact the Drain Commissioners concerning the dam and lake levels and/or the lawsuit, call or write as follows:

Tom Doyle: 616-945-1385 (office)

616-765-5463 (home)

tdoyle@barrycounty.org

John Bush: 616-527-5373 (office)

616-761-3227 (home)

jbush@ioniacounty.org

SUMMER SPLASH

Summer Splash is scheduled for Sunday August 6th, 2006. The Boat parade is planned for around 2:00 p.m. right after the ski show.

The theme of the ski show will be the "12 Days of Christmas". Maybe we should make that our theme too? Everyone is welcome and encouraged to participate. Have fun.

The car show will be held on Sunday also, tenatively on M-50 (which will be rerouted for the day) from 9:00 - 3:00.

2006 ANNUAL MEETING

The annual meeting of the Jordan Lake Association will be held Friday, June 23rd, 7:00 P.M. at St. Edward Catholic Church (basement meeting room). All are urged to attend to get an update and provide input to the Lake Association.

Note: Minutes on previous meeting and other matters can be found on the Association website at:

http://www.lakeo.org/jla

Anyone wishing more frequent updates on Lake Association matters, feel free to contact me at:

mcary47487@aol.com

MEMBERSHIP DUES

Membership dues for 2006/2007 are now due. Cost is $10.00 per family. Please help us to help you better enjoy the lake, protect property values, etc. Remember, only members whose dues are current are allowed to vote on issues, etc. at JLA meetings.

Send to : Jordan Lake Association

% Mike Reed, Treasurer

922 Lakeview Drive

Lake Odessa, Mi 48849-1295

LAWSUIT FINANCES

The lawsuit continues to drag on along with Associated costs continuing. Any help that you can give will be greatly appreciated, i.e. $10, $20, $50. Any amount would be most helpful. A special thanks to those who have already contributed.

Make checks payable to the Jordan Lake Association , indicating “legal fund” in the memo section.

Mail to: Jordan Lake Association

%Mike Reed, Treasurer

922 Lakeview Drive

Lake Odessa, MI 48849-1295

Thank you.

LAKE IMPROVEMENT BOARD

The aeration project is still on the agenda, but there are no immediate plans beyond gathering analysis information.

Professional Lake Management has a regular plan and schedule for controlling non-native weed and algae growth.

If your particular area has an unusual growth of weeds or algae, contact PLM at: (616) 891-1294.

MICHIGAN LAW - ANCHORING RIGHTS

Anchoring Boat on Riparian Owner's

Subaqueous Land

Under the law of Michigan, the riparian proprietors who own to the middle of the lake are subject to the right of other riparian owners to use the surface of the whole lake for boating and fishing.

In Paterson v Dust, 190 Mich. 679; 157 NW 353 (1916), it was held that, while a riparian owner's property rights to subaqueous lands are subject to an easement in the public for navigation purposes and are subject to the right to anchor as an incident to the right of navigation, nevertheless the right of navigation does not include, as an incident thereto, the right to anchor indefinitely off

the riparian owner's premises and consequent impairment of the riparian owner's use and enjoyment of his property rights.

MICHIGAN LAW - WAKE DAMAGE

Responsibility Of Vessel Owner For Damage Caused By Vessel Wake

Public Act 451 of 1994 - Section 324.80158.

The owner of any vessel operated upon the waters of this state is personally responsible for any damage to life or property resulting from a wake or swell created by the negligent operation or propulsion of the vessel, if the vessel is being operated with his or her consent.

MICHIGAN LAW - BUOYS

Buoys Or Beacons; Permit For Placement;

Application; Revocation; Removal

Public Act 451 of 1994 - Section 324.80159

A person shall not place a beacon or buoy, other than a mooring buoy, in the waters of this state except as authorized by a permit issued by the department pursuant to part 13.

JORDAN LAKE ASSOCIATION INFO

JLA DISTRICT REPRESENTATIVES

District 1 Mike Reed & Clare Twitchell

District 2 <no representation (channels area)>

District 3 Katy Estes and Tom Sinke

District 4 Mike Cary <additional representative needed>

District 5 Dave Creuger & Gary Calkins

OFFICERS

President Mike Cary

Vice President Tom Sinke

Secretary <vacant>

Treasurer Mike Reed

POSTAL MAIL ADDRESS

Jordan Lake Association

922 Lakeview Drive

Lake Odessa, MI 48849-1295

WEB SITE

http://www.lakeo.org/jla/

LET'S HAVE A SAFE SUMMER ON JORDAN LAKE!