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December 10, 2004Crystal River decision upheldGlen Lake Association's appeal failsByRecord-Eagle staff writer LELAND - The Michigan Court of Appeals upheld an order that mandated a complex system to balance the flow of water from Glen Lake into the Crystal River. The decision is a victory for the Glen Lake-Crystal River Watershed Riparians, a group of Crystal River property owners who argued that the water level on Glen Lake had been maintained by a dam at the Crystal River without consideration for the river's environmental and recreational health. The published decision, released this week by judges Richard A. Bandstra, William C. Whitbeck and Kathleen Jansen, upholds an order signed by 13th Circuit Court Judge Philip Rodgers in 2003. Christopher Bzdok, attorney for the Crystal River owners, said the Court of Appeals decision is important because drought and increased population in northern Michigan increased the pressure on lakes and streams. "Water resources have started to become scarce, and I think this case presents a model for how to make decisions in allocating those resources," Bzdok said. The appeal stemmed from a challenge by the Glen Lake Association, whose attorney argued Rodgers made a mistake when he ordered lake levels to be determined by a complex set of algorithms outlined by plaintiff experts. The Court of Appeals disagreed. The judges said the plaintiffs' experts were more convincing. In a bench trial, the plaintiffs presented a management plan developed by experts in stream ecology, hydraulics and hydrology, and fresh water ecology. Rodgers' order established a technical committee to oversee the water levels that consists of property owners from both sides, the Department of Environmental Quality, and the National Park Service. So much fuss was made over variations of water levels of just inches because a defense expert said "lowering the water level of Glen Lake by only two or three inches could expose several feet of bottomland along the shoreline," according to the decision. Glen Lake owners argued that high lake levels can cause erosion and low lake levels can cause navigation hazards.
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