Rest lake Dam

Madison Legislative Information Session
I attended this event at the State Capitol on March 18th, along with several dozen others from across the State. A large hearing-room was packed with senators, representatives and staff representing 29 different legislative offices.

Three months ago the Manitowish Chain Defense Fund (MCDF) launched its “Wisconsin Constituent Campaign”, a citizen lobbying effort targeting downstate legislators. Chain homeowners with voting addresses downstate were sent a letter asking them to write to their state senators and representatives, telling them about the damaging effects of DNR actions.
Their letters, emails and phone calls resulted in a very productive event.

A delegation of Manitowish Waters officials and business-people participated in a presentation titled: “How the DNR Caused An Economic Crisis in Manitowish Waters”. The MW Chamber had surveyed its members and collected data showing a significant decline in business last summer when our water-levels were so low. Presenters described conditions in the Chain as receding water left shoreline structures exposed and boats stranded. They reported that advance reservations for this summer were down by 20-38% and that home sales had been significantly affected.

Panelists included Judi Schmidt Arnold, Deane Galloway, Harley Klagos, Ron Kuehn, and John McGraw. Town Chair John Hanson and MCDF President Jack King added background information on five years of unproductive dialogue with the DNR.

Petition Circulating at State Capitol
Because of interest generated by the March 18th event, a petition is now being circulated through legislative offices in

Madison

. Several senators and representatives have offered to use their contacts at the DNR to help us and to introduce supportive legislation if needed.

Here is what Senator Glenn Grothman wrote several constituents: “I attended the meeting set up by the Manitowish Waters business community on March 18th regarding the dam which affects your properties. The meeting was well-attended and hopefully by including legislators from the rest of the State we will have more punch with the Department of Natural Resources.”

Spring Refill of the Chain
The MCDF Board has been very concerned about the Chain reaching levels this spring that will provide a return to optimal conditions. Discussions have been ongoing with CFIC (Xcel subsidiary), the owner-operator of the Dam. This past week the Board was assured that refill could start as soon as signs of ice-thaw appeared and that at least 10” of water could be added to the winter draw-down level without seeing any significant ice-damage to Chain properties.

As soon as the Chain is relatively free of ice, CFIC reduces the flow over the Dam. This year CFIC and the DNR have agreed on a flow of 40 cfs (from 50cfs). That means more water for the Chain in case we experience the weather conditions of recent years. The MCDF Board and its attorney will be closely monitoring levels and flow-conditions.

Status of DNR Environmental Assessment
It appears that the assessment process mandated by the Wisconsin Environmental Protection Act (WEPA) may not produce a draft of a new Operating Order for the

Rest

Lake

Dam

at the beginning of this summer, as anticipated. The DNR Rhinelander Office reports that it is still gathering information and trying to assess what it needs in terms of information and field studies to respond to all the questions that have been raised. For example, impacts on wetlands in the Chain were mentioned frequently by those at the August Open House and in correspondence sent to the DNR.

If those involved with the WEPA study find they don’t have enough time to be ready for public meetings this summer, there may be a delay until the summer of 2009. For that reason the MCDF Board and Town officials are meeting to discuss other ways to resolve the conflict, now in its fifth year. Chain residents are asked to observe conditions and report on anything they feel deserves attention. Reports should be directed to Jack King at jgrovking@yahoo.com.

Quick Action Needed on ATVs in the NHAL
The Wisconsin Natural Resources Board, which sets policy for the DNR, may vote April 23rd on two ATV trails proposed for the

Northern

Highlands

State

Forest

. If you did not fill out the DNR survey last fall or send a letter to Steve Petersen, NHAL Superintendent, you can still make your feelings known to the NRB by sending a letter or email in care of Laurie Ross,

P.O. Box 7921

Madison

53707-7921

The email address is: Laurie.Ross@Wisconsin.gov. Letters or emails should follow this format: Your name; if you represent an organization or yourself; the topic (NHAL ATV Trail Alternatives); city of residence; phone number; and your email or mailing address. The submission deadline is

4pm

on Fri., April 18.

More information about the two ATV trails will appear in the MWLA Spring Newsletter, which you should receive in the next two weeks.

Sign Up to be a Loon Citizen Scientist
The Northwoods Loon Protection Program will be offering training workshops for Wisconsin Lake Monitors. Each monitor surveys his/her lake weekly from May to August. An entire lake must be viewed to insure that all loons are counted. Data is recorded on the number of adult loons, the nesting status and chick survival.

Data collection techniques will be taught on Sat., Apr. 12 at Noon at the Boulder Junction Community Center; at the Rhinelander DNR Service Center on Sutliff Ave. at 9am on Fri.,
May 2; or on Sat., May 10 at the UW Kemp Natural Resources Station, Hwy 47 south of Woodruff. To sign up, email Michael.Meyer@Wisconsin.gov or call Mike at (715) 365-8858.

I hope to see you at the MWLA Annual Meeting on Sat., July 12,

9:30am

at the Community Center. Mike Fitzpatrick, Defense Fund attorney, will be our keynote speaker.

Best regards,

Karen Dixon
MWLA President

Rest Lake Dam - Minimum Flow Update

Thank you for your interest in the current operation of the Rest Lake Dam and the process being used to make a decision on a new operating order. On January 10^th, the Department of Natural Resources (DNR) sent the attached letter to Xcel Energy to provide updated information on the minimum flow expected from the Rest Lake Dam. In order to try and keep all interested parties informed of the DNR’s activities regarding the Rest Lake Dam, a copy of this letter is being sent to everyone on our mailing list (either via email or paper copy). This letter to Xcel Energy along with documents answering frequently asked questions about the current operation of the dam or the process being used to determine a new operating order (WEPA) can also be viewed on the following website:

http://dnr.wi.gov/org/gmu/upwis/restlakedam/index.htm

Besides the minimum flow information provided to Xcel Energy, the DNR has asked them to at least consider capturing more of the snowmelt/spring runoff to provide additional water in the chain in case we experience another drought year. Again, this is strictly voluntary and Xcel would not make any changes unless the lake property owners ask them to.

If you have any questions regarding the attached information, I’d be happy to try and answer them. I can be reached by phone at (715) 365-8973 or by e-mail mailto:thomas.bashaw@wisconsin.gov.

P Tom Bashaw
Headwaters Basin Supervisor

The Rhinelander DNR Office has published a “Frequently Asked Questions” document about our Chain and the Rest Lake Dam. It has been distributed to the Governor’s Office, to DNR Secretary Matt Frank, and to legislators. They are using this document to answer your letters and emails. Because of the number of misstatements and questionable assertions made by DNR employees who are trying to cover their mistakes, the Manitowish Chain Defense Fund has prepared its own FAQ responses.

DNR position: The DNR claims that it has been working for several years with “stakeholder” groups concerning the operations of the Rest Lake Dam. They have also claimed that they have been trying to reach an agreement on the operational strategy for the Dam. The DNR says it is trying to balance competing interests.

Defense Fund response: Unfortunately, the DNR is not making any good faith efforts to reach an agreement. Every proposal from the DNR calls for the agency to have control over the Dam without any standards as to water level or operational consistency. It has become clear that a small group of people, inside and outside the DNR, has an agenda to control the Rest Lake Dam to the detriment of the over 1,200 people who signed a petition opposing the DNR’s actions. That very large group of people will have their property values and recreational use of the Manitowish Chain severely impacted.

The DNR recently stated that their number one priority was to make sure that the people on the Manitowish River on the other side of the Dam would have the amount of water they want. The DNR’s number one priority should be to comply with the 1939 Order and Wisconsin law, as well as listening to all the people who are affected by the Dam, not just to a small group.

The DNR missed an opportunity this summer to discuss its position with the property-owners in Manitowish Waters. Instead of answering questions, DNR employees brought people to a confusing and less than useful meeting. Because of this failure, we are expecting little from the DNR in the upcoming environmental analysis process, a process which is supposed to inform the public about changes in the operation of the Dam and at the same time get public input.

DNR position: The DNR cites State Statute 31.34 which says that anyone maintaining a dam on a navigable stream shall consistently pass 25 percent of the natural low flow. The DNR then adopts a USGS formula (Q7, 10) for the natural low flow: i.e. the lowest average flow of a stream over 7 consecutive days within a 10-yr. period. The DNR interpretation is that this measurement shall not include the flow coming into the Chain.

In order to provide the USGS with additional streamflow data to reach a minimum flow figure, DNR reports that its staff measured 5 rivers/creeks that flow into the Chain, as well as the Manitowish River below the Dam.

Defense Fund response: The DNR has an interpretation, but it is only that. Wisconsin law does not require the use of the USGS formula. There are huge inconsistencies in how the flow equation is calculated at state-regulated dams. There is no evidence to back up the calculation of 50 cfs. This is simply an assertion by the DNR designed to influence public opinion. The DNR has been “selling” 50 cfs for more than four years. By repeating that figure over and over, the agency seeks to establish it as the norm for flow through the Dam. In 1974 the DNR determined that State Statute 31.34 required only 25 cfs through the Dam. Now it says the amount is at least twice that figure.

Why did DNR staff measure the five rivers/creeks that flow into the Chain, when they had already asserted that inflow wasn’t a factor in their calculations? How can they make a correct calculation of streamflow only from the flow below a dam?

The DNR refuses to comply with Wisconsin law for the operation of the Rest Lake Dam. The very specific 1939 Order is what controls that operation and the resulting water-levels. A vague state statute does not control the Dam.

FAQ - Why did the DNR require the dam operator to discharge 50 cfs from the dam during a drought?

DNR position: The DNR asserts that it is responsible for ensuring that the dam is operated according to its operating order and Wisconsin law. It says that State law requires that dam operator release a minimum flow of water from the dam at all times to protect public and private rights downstream. It repeats that minimum flow is equivalent to one-fourth of the natural low flow of water downstream of the dam., but not one-fourth of current low flow coming into the flowage.

The DNR says that 50 cfs should be the minimum flow because “this is the flow figure Xcel Energy has used and practiced in their dam operation.”

Defense Fund response: Once again, the DNR is trying to exclude inflow to the Chain. Inflows this past summer were lower than in non-drought years, but the DNR ignored that fact when deciding to insist on 50 cfs through the Dam at the height of the drought. The Chain, the upstream Manitowish River, and the downstream Manitowish River are all part of the same river system.

The Chippewa-Flambeau Improvement Co. (dam owner’s legal name) confirms that in most years it has reduced water discharge through the dam below 50 cfs, sometimes significantly below. This has been an effort to keep Chain levels high enough for navigation and recreation purposes. There was only one time each year that CFIC consistently used 50 cfs as the minimum flow, and that was during refill of the Chain in the Spring. In conversations over the past four years the DNR has referred to Xcel (actually CFIC) as a “violator”. Now the DNR is using this dam operator as a reference for its preferred minimum flow. They can’t have it both ways.

FAQ: - Why is the DNR not following the 1939 order and is allowing the elevation to drop below the minimum lake level of 7 feet 3 inches?

DNR position: The DNR uses the continuing drought in northern Wisconsin as justification. It says that lack of rainfall over the summer and the need to provide a minimum flow of water downstream prevented the ability to maintain the 7 foot 3 inch elevation

Defense Fund response: CFIC reduced dam flow to 40 cfs on July 5 to offset the drought effects on the Chain. The DNR ordered them to return to its favored flow figure of 50 cfs. The actual outflow (as measured by independent engineers) was 69 cfs and far exceeded the natural flows into the Chain (“run of river”). In drought times reasonable people would expect the DNR to balance the water needs of both the Chain and the downstream river. But there was no effort whatsoever to assess the damaging effects of the DNR action on upstream wetlands and fisheries.

FAQ - Why did DNR require more flow to be released over the dam than was coming into the Chain?

DNR position: The DNR repeats that it is responsible for ensuring that the dam is operated according to its operating order and Wisconsin law.

Defense Fund response: This would be a good time to observe that for four years the DNR has said that 50 cfs was required in the 1937-39 Operating Order. But there are no specific minimum flow requirements in any orders. When that fact became widely-known this summer, the DNR for the first time brought up the Wisconsin Statute 31.34 as its rationale for increasing flows through the Dam.

Also, from the beginning of the discussions, the DNR focused on the downstream sturgeon population using guesswork about outcomes. Then, when confronted with valid criticism, they tried to change the rationale for manipulating the Rest Lake Dam.

The DNR has chosen to wage a public relations war by releasing the FAQ document to a select list of officials a month before posting it on its website and sending it to the organizations that participated in the long-running “stakeholder” discussions. “Winning” has risen to the top of the DNR’s priority-list.

If you would like to read the full “FAQ” Document, go to the following DNR website: