Lake levels that protect public safety and the health of lake and river ecosystems

On July 23, 2024, Senate Bill 662 was signed into law (article available to MLive subscribers) addressing static inland lake levels–one of the first significant policy impediments to river health I became aware of when I began my career at HRWC more than ten years ago. The new law eases the former requirement that inland lake levels be strictly maintained no matter the conditions that impact lake health and public safety.

Photo of Argo Dam and the downstream reach of Huron River in Ann Arbor Michigan
A new law easing a former requirement that inland inland lake levels be strictly maintained will allow dam operators to manage flows for public safety and the health of lake and river ecosystems.

Policy change can be slow and then all at once.

The history. In 2012, the focus of my work was to climate resilience in the Huron River. What options do we have to ensure that the river ecosystem is as prepared as it can be to handle the extreme conditions climate change is going to bring to our region? One key action we took was to establish the Huron River Dams Network. With 18 dams on the mainstem of the Huron, we (HRWC and dam operators) identified a vulnerability – many dams were owned and operated by different entities who didn’t regularly communicate.

One of several early initiatives the dam operators chose to invest in was multi-use flow management. Dams can hold and release water for different purposes. In an ideal world dam managers could manage flow for both the main purpose of the dam (e.g. recreation, hydropower) and other goals such as ecological health and public safety. For example, dams could release water ahead of a large rain, reducing flooding and potential dam failure. Dams could hold stormwater and release it more slowly to make sure spawning fish were not washed away harming our fisheries when extreme events occur.

The problem. What stood in our way? For one, mandated lake levels. There is language in the Michigan Natural Resources Environmental Protection Act (MNREPA) that allows communities to seek court-ordered lake levels. Once in place, lakes and reservoirs must be managed to maintain that set lake level no matter the conditions. This is largely to support lakefront landowners and recreation. Dam operators’ hands are tied. They cannot stray from this lake level for public safety or ecosystem health without the risk of being sued.

Since that moment, I have been talking to everyone I can about the limitations of this provision of MNREPA and its consequences for river protection. This was not an idea that gained traction until a court case surfaced – Citizens for Higgins Lake Legal Levels vs Roscommon County. Despite opposition from the Michigan Association of County Drain Commissioners (MACDC) and EGLE, a judge decided in favor of the plaintiff making set lake levels even more binding than before. Dam operators were to maintain a completely static lake level. Fluctuation was illegal.

The solution. A coalition of environmental organizations, MACDC and EGLE came together to propose a change to the language of MNREPA that made it less vulnerable to misinterpretation by those adjudicating the law. We advocated for one critical change – to define “normal” lake level as one that fluctuates.  Normal lake levels are not static.  It is not natural, healthy or even feasible to hold a lake at a static level. Senator Rosmary Bayer, who represents a portion of the Huron River watershed sponsored the bill.  HRWC provided input on language and testimony supporting SB 662 as it moved through the lawmaking process. Last week the bill was signed by Governor Whitmer.

This is a win for rivers in Michigan. While dams will continue to impede rivers as long as they are in place, we have a new opportunity to minimize some of the impacts. Dam operators managing reservoirs with a court-ordered lake level now have some latitude to allow fluctuations that support ecosystem and public health. This shift in practice, however, is not a forgone conclusion. We will need to work with dam operators to encourage ecological flow management and define what success looks like. We will also need to reach out to lakefront landowners to create an understanding of the benefits of this shift in management and create support. Still, it is exciting to see this seed of an idea planted a decade ago, come to fruition.