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May 6, 2003

Crystal level protected

Fight over lake and river levels dates to 1945

By
Record-Eagle staff writer

      LELAND - Groups representing Glen Lake and Crystal River landowners must cooperate to ensure that the maintenance of the lake's water level doesn't harm the river, a judge ordered last week.
      "The Crystal River is not merely a tool used to maintain Glen Lake's water level," Circuit Judge Philip Rodgers wrote.
      The ruling ends a chapter in the dispute over the depth of Glen Lake that began in 1945.
      For decades, the amount of water that drained through a dam from the lake into the river was a matter of little controversy because lake levels were almost always high.
      In 2001, after several years of below-average precipitation, water levels were low and a new dam capable of holding back more lake water from the river was constructed.
      "We think the judge is restoring a history of balance between the lake and the river," said attorney Chris Bzdok, who represented the Glen Lake-Crystal River Watershed Riparians. "Basically what it comes down to - if it's dry, they've got to give us water out of the lake."
      Rodgers' order calls for the creation of a committee to manage water levels. The committee is to include members from both sides of the issue as well as representatives of federal, state, and Leelanau County environmental regulators.
      Rodgers affirmed a 1945 court-ordered lake level, but he modified it to accommodate seasonal changes and other natural fluctuation.
      In his decision, Rodgers said he tried to balance environmental concerns and the public's recreational interest with the interests of landowners on both the lake and the river.
      "The focus of this Court's efforts are environmental and recreational," Rodgers wrote. "The Court is not motivated to maximize income to commercial canoe liveries or minimize the length of docks."
     

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