Removal of dam makes Lake Chapeau dispute even messier
Published 12:00 am Wednesday, March 12, 2003
A tangled dispute over the Lake Chapeau dam became even more complicated when the dam supporters found out the structure they installed was removed last week.
Volunteers for the Lake Chapeau Habitat Committee built the 15-foot long dam on an old spillway in the fall of 2000 without permission from the Department of Natural Resources (DNR), after the state agency had eliminated a former dam, also put up without permission, in 1990.
This time, however, the DNR did not remove the dam. The committee members learned it was taken down through a letter sent by the dam site owner’s lawyer to the district court.
The committee had earlier sued the DNR to keep the dam. The litigation seemed to be settled last year when the two parties agreed to replace the existing dam with a new one that has a water-level-control function.
However, the negotiations with George Dress, who owns the land where the dam was, deadlocked. Meanwhile, another property owner close to the lake filed a lawsuit against Dress, wanting the dam removed. The lawsuit was withdrawn recently after the dam was taken away.
The water level went down by 18 inches after the dam was removed, which will affect the ecosystem, the committee’s president, Tom Tubbs, said.
&uot;If the lake goes down 18 inches, then it will revert back to the same situation that we had in 2000 where waterfowl had lost their nesting areas and fisheries died off because of low oxygen and low water,&uot; Tubbs said. &uot;There is wonderful wetland on the west end of the lake. That would be completely dry.&uot;
He also mentioned the dam was keeping away carp that had been swimming into the lake, and the low water prevents lakeshore residents and the public from using the lake for recreational purposes.
The county began to investigate the possible safety and environmental impact of the lower water, sending environmental services staff to the site. Administrator Ron Gabrilesen also mailed a letter to the DNR asking about the legality of removal.
Forty-one homes, 22 condominium units and 12 other lots surround Lake Chapeau.
Tubbs emphasized the maximum elevation of the proposed new structure is lower than the level of the former dam. While the majority of homeowners support the dam, some others are afraid that the dam will cause water to soak their property, and oppose the committee’s petition to the force Dress to allow the dam.