By Sterling McGinn
The new Big Manistique Lake Authority board, the delegated authority for the lake and water control structure, met Tuesday, September 17 to discuss a winter draw down and lake level updates that have been taking place this summer. The meeting was held in the Portage Township Community Center with approximately 20 people in attendance.
The authority board consists of representatives from both Luce and Mackinac Counties and include Kevin Orlowski, Rebecca Keene, Ryan Wheeler, Nick Wheeler, Ross Abraham, Corina Clark, and chair Don Reed. These individuals were selected by both the Luce and Mackinac county commissioners.
The dam that controls the water level on Big Manistique Lake is owned by Luce County and operated by the Luce and Mackinac county commissions, since the lake is located in both counties. The dam itself, however, is located on the Manistique River some three miles from the lake.
“EGLE said that the counties were in violation of the draw down level and that there were reports that the lake was managed in violation of the court order,” said Stacy Hissong, attorney with Fahey Schultz Burzych Rhodes. “There was also no special assesment district to finance all of the costs for the statutory requirements.”
Her firm was hired to assist the authority to get the dam and lake in compliance with the new orders. She also serves as general counsel for the Michigan Association of County Drain Commissioners and works with approximately 60 different counties on drain and lake issues.
The current lake level, originally set in 1948 at 686.0 feet above sea level, was reviewed by the Luce County Circuit Court in 1978 and its pre-existing water level remained the same.
The 1978 ordinance did not account for weather variation levels and did not include the ability to set up special assesment districts.
Part 307 of the Inland Lakes in the Natural Resource and Environmental Protection Act, property owners of parcels within the districts may finance costs associated with maintaining legal lake levels. The parcels included in the district would be either those on the lake front, or back lots that have deeded access to the lake.
To comply with EGLE’s new orders, the authority board will need to visit the Luce County Circuit Court to add the special assessment district, weather variation language, and to determine what the legal lake level will be set at.
“What we are looking to do is ensure the normal level matches the physical level on the lake,” Hissong said.
To monitor the water level, the authority recently installation measuring devices from HyFy. The device has been showing the lake level at 686.2 feet above sea level.
A winter drawdown is also underway, and the ordinance language will have to be updated to allow that.
The authority started the 2024-2025 winter drawdown on Monday, September 23. It should be completed around October 1.
This year’s drawdown was approved by EGLE for this year only. Judge Lambros in Sault Ste Marie reviewed the order; Judge Brian Rahilly had recused himself. When the court order is redone, dates for the established drawdown will be set.
EGLE will not grant permits for drawdowns in the Upper Peninsula after October 1.
“They want to see the lake drawn down and steady at a time for your amphibians and reptiles, that live in shallow waters, to get prepared for winter,” said Luke Obrien, an engineer from Spicer Group. “Those creatures burrow into the shallow waters and if you draw down to late after they have burrowed in, they can freeze to death.”
“We are planning on drawing it down to less than 12 inches from 686.5, so it would be down to 685.5,” Obrien said. He expects the lake to drop one inch per day.
A public meeting reviewing updates to the order will be scheduled.
Following the public hearing, the board will share the input received with attorneys before petitioning the court to update the orders. That court hearing will also be open to the public.
A new website, manistiquelakelevel.net, will be available for the public to stay informed on updates of lake level progress. The site will go live on September 27 and will include a copy of the map of the boundaries proposed special assessment district, notices and minutes from authority meetings, a FAQ page and other information.
