3 Lake Description 42 eventually into Lake via the Trent River. Map 4 illustrates the bathymetry (underwater depth contours) of Kushog Lake, prepared by MNR for fisheries management purposes.

Figure 3 - Watershed Source: Water Management Program; A Study of the Past, Present and Future of Water Management on the Trent-Severn Waterway National Historic Site of Canada, May 2007

3.2 Water Levels 3.2.1 Background Generally water levels are managed for a variety of reasons, including the following:  Water sports and navigation; in our case, the Trent Severn Waterway  Producing hydro-electric power  Prevention of flooding events  Fish and wildlife propagation  Municipal water sources

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The artificial manipulation of lake water levels, to meet human needs, can negatively affect the function of the littoral zone (near shore), shoreline habitat, aquatic species migration, and the magnitude of normal annual flushing of the lake. The fall drawdown exposes the littoral zone to freezing over winter, which may kill dormant or hibernating species essential to the freshwater food chains. The higher summer water

Map 5 - Watersheds of the Trent-Severn Waterway Source: Parks Canada levels keep the shoreline area, normally between the maximum and minimum operating (water) levels, submerged, which may eliminate valuable habitat for some plants and animals. However, several species may flourish during the temporary flooding conditions because many of the littoral and shoreline species are adapted to or take advantage of fluctuating water levels, e.g., wetland/shoreline shrubs, reptiles and northern pike. The normal continual flushing of the lake is altered by the summer levels operating curve which may trigger nutrients and pollutants to accumulate rather than being allowed to “flush” or flow out through the system. The dam prevents the required movement of aquatic life between a river and the lake. Water levels are incredibly important, not only for access to water-access only properties, but for fall spawning fish and hibernating reptiles and amphibians. Lake trout spawn in the fall, usually around the second and third week of October (an approximate date which varies depending on local climatic and aquatic conditions and available habitat) on rocky shoals, in the shallow waters – generally about 1 to 2 metres from the shoreline and sometimes in shallower conditions. The eggs are deposited among the rocks and sink down Sherborne Lake Dam 2008 towards the sediment where they are protected between and beneath the rocks and boulders. If

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the fall drawdown occurs after lake trout spawning, the water levels may be too low, and the deposited eggs suffer from “winter-kill”, which freezes or dehydrates the eggs, because of exposure to cold air and drying winds, or are crushed from the weight of the ice. These risks also impede successful hibernation in the lake or wetland substrate by local turtles, frogs and other reptiles and amphibians close to shore. Research by MNR biologists has examined sections of frozen lake sediments, extracted from known lake trout spawning shoals, and discovered that fish eggs were being destroyed by winter-kill due to drawdown levels scheduled after the fall spawning season was completed. It has been suggested that earlier fall drawdowns, prior to spawning and hibernation, have reduced the negative impacts of large-scale winterkills to the shoreline aquatic community. Kushog Lake is managed so that the drawdown occurs before the lake trout spawn and is subsequently raised to prevent winterkill of the eggs. 3.2.2 Trent-Severn Reservoir Waterway History of the Trent-Severn Reservoir (TSW) Lakes System Construction of the canals and locks began in 1833 to improve transportation of raw materials from isolated regions. But before the waterway was completed 87 years later in 1920, it was already obsolete; railways and highways had usurped its intended role. Instead of commercial traffic, the waterway soon attracted pleasure craft and opened the Kawartha Lakes for cottaging. As of 2010 the TSW (operated by Parks Canada) continues the practice of taking water, even though the reservoir areas have enjoyed tourism and cottage development of their own since the 1940s and 50s. And property owners in these areas find themselves in a frustrating catch-22 situation as a result of the 1905 Order-in-Council [Order in Council, 1905], which split jurisdiction over water and land: if they complain to the province, they are told it is not a provincial matter; if they approach waterway officials, they are informed the federal mandate is limited to navigation on the waterway. The Trent Canal has first claim on the water. Policy History – Over the years, TSW policies have evolved to include a complex number of factors: development in the reservoir areas, flood control, protection of lake trout spawn (or salmonid species), and hydro-electricity generation. Briefly, here’s how the water-level-control policies have worked since 1990:  Reservoir lakes are filled to more or less 100% capacity during spring runoff (by mid-May);  In mid-May, the drawdown begins. It serves two purposes: ensuring the required minimums on the Trent Canal, and compensating for evaporation (which, in a long dry spell, can rise as high as 50% from the top of the watershed to );  The water is then taken as needed during the navigation season – from Victoria Day weekend until just after Thanksgiving – to guarantee 6-8 ft of depth along the waterway;  Throughout the fall the feeder lakes are lowered to designated winter levels to allow for refilling and to prevent floods in the spring; and  Water levels of lakes on the waterway remain constant, except for a 3-ft average drawdown in winter to accommodate spring runoff. Trent Severn Waterway Facts – Here are some common facts:  In a normal year, the storage depletion rate in the reservoir lakes has been half a percent a day.  The end of the season moved from Labour Day to Thanksgiving in the 1980s as seasonal residents extended their cottage use.  The goal is to get the lake level to the winter setting before freeze-up; there should be no more than 50% of the storage capacity left in the system by October 1st. The Dams – Before the dams were constructed, normal water levels were 6 to 14 feet lower than they are today. Today’s big lakes were smaller, small lakes were ponds, and rivers might have been no more than creeks prior to flooding and the re-facing of the aquatic landscape created after dam construction.

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Only during spring run-off when melting snow filled the streams, rivers and lakes to overflowing were the waterways at peak capacity. The water level was not forced up on an extended basis until the arrival of the loggers. The spring run-off provided the cheapest, simplest, and incidentally, the most exciting way of getting the logs to mill and to market. But, as they moved further up the watershed, the loggers had to shepherd the logs over ever- increasing distances. In order to prolong the time available for the drives, they built and maintained a series of timber-crib dams from the top of the watershed to Trenton. The Mossom Boyd Company’s dams raised water levels 7 feet over 80 square miles of Haliburton, enabling them to run logs throughout the ice-free season by storing some of the spring run-off and controlling the release of water. In those days, there was no one here to complain. The First Nations people, who were never listened to anyway, had ceded ownership of the land and were moved away to reserves far to the south and the west. Many settlers were dependent on logging in one way or another for their livelihood; so what was good for the logging companies was good for them. When lumbering declined around the turn of the century, control of these dams passed to the province. In 1873, an agreement was signed in which lumbermen turned over their dams to the Ontario government for one dollar and agreed to pay tolls on timber. In return, the government agreed to maintain the dams and slides. At the time, there were few qualms about taking water from the feeder lakes, since they were virtual wilderness. Lack of ecological knowledge in those days seemed to deter anyone from caring about the wetlands and other natural areas impacted by drawdowns. The new scheme seems to have worked fairly well for about 30 years, by which time logging was coming to an end. But hydroelectric generating stations (both privately and publicly owned) were springing up and placing new demands on the flow of water. So the debate heated up all over again. As a result, the province turned over the dams to the Federal Government in 1905. A 1905 Government of Ontario Order-in-Council advises “that certain dams, canals, and other works on waters tributary to the Trent Valley Canal heretofore constructed and maintained by the Department of Public Works, Ontario, be transferred to the Department of Railways and Canals, Canada, upon the following terms, in order that the said waters and works may be regulated for the purposes of the said Trent Valley Canal.” It is interesting to note that the Buckslide Dam on Kushog Lake and the dam at Twelve Mile Lake are not included in the list of dams on the Gull River waters. 3.2.3 Past and Current Public Involvement Over the years, many people and groups have worked to find an equitable solution to sharing our water. Haliburton Highlands Property Owners’ Council (HHPOC) In 1958, a very dry summer resulted in most reservoir lakes in being drawn down to levels lower than anything previously experienced. Residents of many lakes were so outraged that a number of them gathered at the Red Umbrella Inn on Twelve Mile Lake and demanded that some kind of remedial action be taken to prevent similar occurrences in the future. The HHPOA was formed in 1961 by delegates of 10 cottagers’ associations from lakes in Haliburton County. These lakes all had a common problem – the annual drop in water level caused by its use for storage purposes by the Trent Canal Authority. Their purpose in uniting would be to present a strong plea to the Government of Canada to find an alternate place to store water for the canal, or at least to regulate or ameliorate the draw-down procedure so as to be less harmful to lakefront property.

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As a result of the work of this committee, some immediate improvements followed in 1962:  Ontario Hydro withdrew all demands for water for their Generating Stations on the Trent River and accepted “run-of-the-river” for the summer months.  TSW instituted “equal percentage draw-down” whereby an equal percent of the amount held in storage on each lake was released to the Canal from June to September each year.  The Ministry of Lands and Forests (now MNR) agreed to study the effects of delaying the start of the final drawdown until Thanksgiving weekend on the trout spawning lakes. This study took 3 years and the results were reported to be inconclusive. In addition to its concern with water levels, HHPOC organized its member Associations to deal with health and pollution problems, water-safety and municipal affairs. It assisted in the re-organization of FOCA which it joined in 1969. Despite all this, interest in the organization faltered and in 1977, HHPOC was disbanded. Its members individually joined FOCA. Haliburton Highlands Water Management Advisory Committee (HHWMAC) A committee, called the Haliburton Highlands Water Levels Committee, made up of municipal officials and several reservoir lake associations was formed in 1977 to lobby TSW and government officials. In the mid-1980s, this became the HHWMAC (Lee Gauthier and Norma Goodger from Kushog Lake were on this committee) that pushed for a review of TSW operations. A study, commissioned by the federal government for the TSW, was done in 1987 by the consulting firm Acres International. It resulted in the repair of several leaky dams, the upgrading of data collection, and an improved computer model that simulates conditions affecting the TSW’s operation. Coalition for Equitable Water Flow (CEWF) The CEWF was established in the summer of 2006 as a Presidents’ Council of Lake Associations within the Haliburton Sector of the TSW, also known as the Trent River Watershed, to advocate for fairer distribution of water. KLPOA was a founding member. The CEWF represents some 40,000 Ontario residential shoreline property owners on the lakes contained in the source water region for the Trent River portion of the TSW. The Panel on the Future of the Trent-Severn Waterway The Panel on the Future of the TSW was formed in 2006 to evaluate the future of the historic TSW. In the spring of 2008 this federally appointed panel released an outstanding report called It’s All About the Water, that took pains to balance competing interests while proposing significant improvements to watershed management. One of the major recommendations of the panel was the immediate creation of an Independent Water Management Agency (IWMA) with adequate funding. An IWMA would have “exclusive authority over water use, allocation and flow management in the two watersheds” eliminating the jurisdictional confusion and paralysis that currently holds the system in its grip. It would include a Stakeholder Advisory Committee whose members would represent First Nations, select municipalities and conservation authorities as well as citizens with an interest in water management relating to the environment, shoreline residence, tourism, waterpower, recreational fishing, boating and resource extraction. In February 2009, The Honourable Jim Prentice announced that the Government of Canada would invest $20 million in addition to the $63 million announced the year before to carry out a wide variety of works including upgrades to water management structures, bridge repairs and concrete works on the TSW. Hopefully, the formation of the IWMA will be next. To learn more about the History of the Trent-Severn Reservoir Lakes System, find this document on the Companion Disk.

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3.2.4 Water Levels on Kushog Lake Kushog Lake is a headwater in the Gull River Watershed that meets the Trent River basin at south of Coboconk. The other Northern watershed is the Burnt River Watershed that flows from Drag Lake north of the town of Haliburton down through the Kinmount Dam joining the Trent River basin at Cameron Lake. Dams on Kushog Lake are owned and operated by TSW:  Upstream – Sherborne Dam: Sherborne Lake to St. Nora Lake was a lumberman’s dam built of wood, refitted with new timber in 1930 and concrete in 1971.  Downstream – Buckslide Dam: Kushog to Boshkung Lake was built of wood by the Gull River Lumber Company at the turn of the century and reconstructed in concrete in 1971. This dam is referred to as the Kashagawi Dam in MNR Lake Trout spawning reports in the 1970s and 80s. Table 3 provides the water level control parameters for Kushog (and St. Nora Lake) used for the operation of dams. Fisheries Consideration – Kushog Lake is one of only two lakes in the Gull River system managed for lake trout spawning (the other is Big Bob Lake) at the request of MNR. It is important to draw the water down to the winter level before lake trout move onto the spawning beds, usually in October, so that stable water levels can be maintained during the critical spawning and incubation period. This is particularly important in Kushog Lake where the spawning shoals are shallow. Lake Trout eggs hatch when water temperatures reach 0.3° to 1.0° C, usually around March-April. Equal Drawdown – In 1958, the TSW adopted an “equal percentage drawdown” policy, considered the fairest way to distribute the burden among feeder (headwater) lakes. Under this formula, each lake is drawn down roughly the same percentage at any given time. However, because storage capacity of the lakes ranges from a foot or two to more than 13 ft. (Kushog Lake has a storage capacity of over 10 ft), lake levels vary a great deal. At 50% drawdown, for instance, Hawk Lake with its 13.25 ft. storage capacity would be down more than 6 ft. while Horseshoe Lake, with 6.5 ft. of storage would have lost just over 3 ft. (Storage capacity depends on factors such as the size of the dam and the size and topography of the outlet from the lake – Kushog has a natural rock ledge in front of the dam at Buckslide which limits the drawdown).

Table 3 - Kushog Lake Watershed Levels Control Parameters (includes St. Nora Lake) Term Parameter Definition 111 sq km / 2,742 The watershed area surrounding a particular lake that is between Drainage Area acres the upstream dam and the downstream dam. Lake Area 915 ha / 2,261 acres The surface area of the lake. Full Control Level 3.2 m / 10.5 ft The depth of water the dams were originally constructed to retain. Some lakes have a reduced target, either because the dam sits Target Percent 95% on sand (e.g., Kennisis) or the residents felt that 100% was too high so the ‘full’ level was reduced. The 100% storage depth multiplied by the target % plus the sill or Crest Level 3.101 m / 10 ft deduction. The elevation of the sill of the dam or the elevation of any rock Sill or Deduction 1.219 m / 4 ft restriction upstream of the dam. Each reduces the amount of water that is available to run through the dam. The difference between the target percentage and the sill or Max. Storage Depth 1.822 m / 6.17 ft deduction at the site. Maxi. Storage 1,722 ha-m The actual volume of water available to the TSW. Volume Source: Water Management Program; A Study of the Past, Present and Future of Water Management on the Trent-Severn Waterway National Historic Site of Canada, May 2007

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Water Level History – In January 1986, Ross Poole and Norma Goodger met with Bruce Kitchen, TSW Manager, and arranged that Kushog Lake would only be filled to 95% capacity. Halls Lake has the same agreement and Kennisis Lake’s target level is 98%. All other lakes in the chain have a target fill level of 100%. The full control level for Kushog Lake is 3.2 m or 10.5 ft. In April 2008 Kushog Lake reached a level of 3.404 metres (over 11 feet), which was 110.3% capacity – the lake overflowed by over a foot!

Figure 4 - Seasonal Water Level Fluctuations on Kushog Lake, 2007

Fluctuating Water Level Issues Figure 4 shows the seasonal water level fluctuations for Kushog Lake in 2007 and the following provides a description of the historical concerns. Ecosystem Impacts – As reported in the FOCA Lake Stewardship Newsletter (Summer 2006), the management of lake levels alters the natural environment and may affect natural lake ecosystem functioning and system productivity. The manipulation of water levels can cause a variety of direct and indirect changes, such as:  An increase in water temperature under low water conditions;  A decrease in the dissolved oxygen concentration near bottom under increased water temperatures;  Decrease in water clarity due to an increase in nutrient concentrations because of stagnant water;  Increased salinity due to low water levels and stagnant water flows; and  Nutrient enrichment.

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Fluctuating water levels can also:  Increase erosion and property damage under flooding conditions or high flows, especially along ‘soft’ (sand and silt) shorelines (removal of shoreline buffers, impervious surfaces, and hardened shorelines exacerbate erosion rates);  Obstruct migration routes for fish species, as well as invasive species;  Expand the range of invasive species; and  Affect navigational waterways. Wetlands and natural shorelines are especially vulnerable under permanent conditions. Temporary fluctuations are a natural condition for most wetlands and shoreline areas because they help to restore and flush nutrients as well as stimulate plant growth. Elevated water levels along wetland shorelines provide temporary spawning and breeding habitat for many aquatic and semi-aquatic species. However, sudden changes in water levels may strand some species or halt natural regeneration.

Table 4 - High & Low Water Level Readings for Kushog Lake, 1960 to 1983

The duration, frequency, and magnitude of water level changes are perhaps the most important factors that affect the health of a lake. High water levels create flooded conditions and increase wave action along the shoreline, which can cause erosion, loss of vegetation, and increased nutrient enrichment and mercury deposition, as well as other water quality changes. Extended periods of low water levels can expose sediments in the littoral (shallow) zone and change temperature patterns throughout the lake, which will result in the loss of some optimal habitats. In shallower lakes, periods of low water can cause increases in salt levels, turbidity, and areas of stagnant water, and can cause increased wave action near the bottom of the lake. Increased dredging to facilitate navigation during these Rocky Shoal low-flow periods only exacerbates environmental impacts.

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In terms of the natural habitat, fluctuating water levels create false shorelines during high water levels, for near-shore nesters such as loons. In some cases, if the water level rises after the loon has laid its eggs, the nest may become flooded if the nest is built on solid ground (floating mats of vegetation move with fluctuating water levels); if the water level falls too far after the eggs are laid, the adults may have difficulty accessing/walking to the nest, which is more vulnerable to predation. A ‘barren zone’ along the shoreline is created between the high and low water marks; in addition ice sheets are known to lift whole sections of plant life from just below the low water mark as the lake level rises prior to the spring thaw. Water Quality Impacts – Flooding of an area may increase the vulnerability of habitat for spring spawners that use vegetated and near shore habitat to deposit their eggs. However, flooding also increases the influx of toxins, such as mercury, and nutrients into the lake, which may negatively impact the reproductive success of aquatic species. Navigational Hazards – Kushog Lake has a number of rock shoals and other submerged items (tree stumps, old refrigerators), which become navigational hazards depending on the water level. None are officially marked with buoys, although lake residents have marked a few with a variety of objects such as plastic bottles and boat bumpers. Given the over 6 foot seasonal change in water level, hazards at high water are different from those at low water. In addition the marking of these hazards is difficult due to the need to design a marker that is effective at all water levels and is not ‘taken out’ by the winter ice. A member survey of danger zones conducted in 1989 identified a number of hazards around the lake but no effort has been made by KLPOA to produce a map or mark these areas due to the concern with the liability this may entail and the feeling that navigational markers are the responsibility of federal authorities since the lake is a federally regulated waterway. Shoreline Structures – The 6-foot seasonal change in water level presents a variety of challenges to residents, especially with regard to docks. These challenges vary depending on the rate of drop-off at each property. Some residents lose reasonable boat access due to mud flats appearing in front of their property. For many residents, in order to operate a boat for the full summer season, an elaborate dock system is often needed, some with very long ramps. These large dock systems are hard to maintain and are also particularly prone to ice damage during the spring break-up which coincides with a rapidly rising lake level. Impact on Kushog Lake – What is the definition of “equitable”? This depends on where you are located on Kushog Lake. In its submission to the Panel, CEWF recommended that “the arbitrary ‘equal percentage’ drawdown of reservoir lakes should be abandoned in favour of a management plan based on individual lake ecology and corresponding drawdown regimes”. The Panel itself did not address this point. Many properties on Kushog Lake were developed prior to equal drawdown. Before then, Kushog Lake, being one of the first lakes in the chain, was ‘drained’ early in Crib Dock the summer season, after which the lake level remained fairly stable for the rest of the summer. Cottagers with beaches could enjoy them for the whole summer, and not just at Thanksgiving, as it is now.

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Now, we don’t know how the water level will change from one week to the next. New property owners who buy in the spring are surprised to discover that they don’t have sufficient water for boating/docking by Thanksgiving. Those who buy properties with lots of beach in the fall are surprised to find the water lapping over their grass when they return in the spring. Bi-weekly water level data and projections are now being provided by TSW in the fall and posted to the CEWF website at cewf.ca. This report indicates how much residents can expect the lake level to change in the following two-week period. Water level issues have been discussed at several Annual Meetings and are a major concern of members – 1/3 of members who completed the Members’ Attractions & Concerns 2008 survey mentioned water levels. Most members would like to see water levels stabilized, but do not agree on what that level should be. 3.3 Access Kushog Lake is located midway between the towns of Carnarvon and Dorset on Highway 35. The nearest major urban centres are Bracebridge and Huntsville both about an hour away. Retail Businesses – The following businesses are within the vicinity of Kushog Lake as of 2010:  Grocery stores: Minden, Dorset, Haliburton  Hardware: Carnarvon, Dorset, Minden, Haliburton  Liquor/Beer: Carnarvon, Dorset, Minden, Haliburton  Gas: Ox Narrows Lodge (premium marine gas), Carnarvon, Dorset Map 6 - Kushog Lake Access Roads Public Access Roads – Access to Source: Haliburton County Map January 2007 Kushog Lake is gained by the following public roads:

KUSHOG LAKE – Past, Present & Future Prepared by The Kushog Lake Property Owners Association, 2011