NOVEMBER 2006 Volume 41 No.4

DEVOTED TO THE MANAGEMENT AND WISE USE OF MICHIGAN'S LAKES AND STREAMS Published Quarterly - February, May, August and November

RIPARIAN (r-'per-EE-n) adj. Relating to or living or located on the bank of a natural watercourse, such as a river, or of a lake or a tidewater.

MIe· h·Igan W , photos by Don Winne E R F A L L 5 Top left, falls in the Presque Isle River in Gogebic County; top right, Bond Falls on the Ontonagon River in Ontonagon County; bottom left, Ocqueoc Falls in the lower peninsula's Presque Isle County; and bottom right, falls on the Silver River in Baraga County. FROM THE PUBLISHER

II\www.lTli-ri parian.oJl:1; www.ffiHlparian.org Upland channeling: a step

"T HE MICHIGAN RIPARIAN (ISSN 0279-2524) is backward published quarterly for $2.50 per issue by the Michigan Lakes and Screams Foundation, a In May 1977, the Natural Resources Commission of Michigan no n-profit corporatio n. Periodical Michigan adopted Policy No_ 4507 that identified postage is paid at Three Rivers, Michigan, and additional mailing offices." the serious effect upland channeling may have on the POSTMASTER: land and water resources of the state. (See page 17 of Send address changes to: this issue for the entire policy language.) The Michigan Riparian P.O. Box 249, Three Rivers, MI 49093 Don Winne Impacts identified were: severe disruption of ground­ TH E MI CHIGAN R1PARIAN is the only magazine de­ water systems, over-crowding of recreational water areas, health and sanitation voted exclusively to the protection, preservation problems, and water safety considerations_ and improvement of Michigan waters and to the rights of riparian owners to enjoy cheir water­ front property. The Department of Natural Resources adopted a general policy to coincide with the NRC position_ The DNR policy stated that "The department shall not abet, THE MICHIGAN RIPARIAN magazine is published quarterly and is mailed to subscribers during support, promote or give encouragement to, and shall oppose by any legal means, February, May, August and November. the creation of any upland channel development anywhere in the state that will threaten the capacity of our land and water resources to sustain a quality environ­ THE MICHIGAN RIPARIAN ment for the citizens of the state." (Read the entire policy on page 17 of this issue.) PUBLISHING OFFICE 124 1/2 N. Main Street Upland channeling not only impacts lakes and streams as identified in the first Three Rivers, Michigan 49093 paragraph, but it also removes shoreline habitat needed by microscopic plant and animal life, often leading to erosion and silt deposits on adjoining properties. PUBLISHER' DONALD E. WINNE Attempts to prevent the erosion on nearby properties often fail. PHONE 269-273-8200 FAX 269-273-2919 Protecting our water resources should be a priority of the Michigan Department of E-MAIL [email protected] Environmental Quality_It should re-establish the policy of no upland channeling. PUBLISHER D ON WINNE EDITOR· JENNIFER CHURCHILL P.O. Box 44, Carson City, MI48811 PHONE 989-506-6716 Subscription notice: If subscribing beginning with the February 2007 issue, E-MAIL [email protected] renewals must be in the Riparian office by January 15, 2007.

SUBSCRIPTION RATES Individual copy per issue: $10 each IN THIS ISSUE 2-9 copies per issue: $9 each 10-49 copies per issue: $8 each 50 or more copies per issue: $7 each MSU Extension: answers your lawn and garden questions __ __ ...... p. 9

ADVERTISING RATES Feature: Great Lakes shoreline grooming: curse or blessing? ...... p. 10 Advertising rates sent upon request. Advertising deadline is by the 10th of Attorney Writes: Debunking myths: Part" ...... p. 11 the month preceding publication, i.e. by April 10 for the May issue, etc. ML&SA News: Cooperating Lakes Monitoring Program ...... p. 12

Printed by J.B. Printing, Kalamazoo, Michigan Update: Michigan Association of County Drain Commissioners Legislative Cover photographs of Michigan waterfalls were Committee ...... p. 13 taken by magazine publisher Don Winne.

The Michigan Lakes & Strea ms Foundation is not respon­ Feature: Monitoring the quality of recreational waters ...... p. 14-15 sible (or views expressed by the advertisers or writers in this magazine. While The Michiga n Riparian has not intentio n­ ally printed incorrect material Or omissions, the conteots Love My Lake: Lake Chemung by Virginia Himich ...... p. 16 are neve rtheless the res ponsibility of the par ties furnishing material (or this mtlgazine. Accuracy of information is sub­ jecr to information known to us at printing deadline. We News From Lakes Around the State ...... p. 18-20 apologize (o r any errors.

No maps, illustrations or other portions of this magazine may be re­ produced in any frrrm without urritten pennission from [he publisher. CoPYRIGHT ©2C06 BY THE M,CH,GAN LAKES & STREAMS fuUNDATION. The Michigan Riparian 8 November 2006 MSU Extension answers lawn and garden questions The growing season may have just wound down, but gardening ques­ ately salt-tolerant. Red maple (Acer rubrum), on the other hand, tions are plentifuL Michigan State University Extension specialists is salt-sensitive. Other possibilities with at least moderate salt field queries on lawn weeds, vegetable and flower gardening, and tolerance include gingko (Gingko bioloba), thornless honeylocust landscape ornamentals. (Gleditsia triacanthos inermis; highly salt-tolerant), London plan­ etree (Platanus x acerifoUa) , sawtooth oak (Quercus acutissima) Q. I'm thinking about getting a potted evergreen of some sort and Japanese pagodatree (Sophora japonica) . Other salt-sensitive for a Christmas tree and then planting it outdoors. How do I trees to avoid near salted roadways include linden or basswood do this so that the tree survives? (Tilia Americana), swamp white oak (Quercus bicolor), American A. Keep the root ball moist and the tree cool until you're ready hophornbeam (Ostrya virginianaj very salt-sensitive) and tulip to bring it indoors. Do that at the last minute, and take it out tree (Liriodendron tulipifera). again as soon as possible so the warmth doesn't cause it to break out of its dormant state. While it's inside, keep it in a cool area Q. I usually have significant quantities of green tomatoes in and out of warm drafts from hot air registers or heat-producing the garden when the first frost arrives. Can I save them? appliances and fireplaces. After the holiday, you can either store A. You can pick green tomatoes and ripen them indoors to ex­ the tree until spring, in an area where the temperature rarely tend the fresh tomato season for 4-6 weeks. Pick mature green goes below freezing but never goes above 48 degrees, or plant it tomatoes carefully and place them gently into shallow contain­ outdoors. If you choose to plant the tree right away, be sure to ers. Any with minor blemishes or injuries should go into the prepare the planting site ahead of time and mulch it with 6 to 10 "eat right away" pile - they won't keep. Any with major prob­ inches of peat, wood chips, leaves or straw to keep the soil from lems should go straight into the compost pile. Wrap them in freezing. Mulch the tree after planting. Protect it against drying newspaper/ waxed paper or place them in a single layer on open sun/wind by erecting a shade of canvas/burlap around it. shelves in a dark area at 55 to 75 degrees F. Temperatures below 50 degrees will damage them, and they'll break down and rot Q. I'm replacing silver maples planted near a busy road that's rather than ripen. They'll ripen slowly at temperatures below 60 salted/ plowed in the winter. Any ideas on salt-tolerant species? degrees and more rapidly as temperatures approach 75 degrees. A. If you want to go with another maple, both hedge maple Ifyour storage area maintains temperatures in the 50s, regularly (Acer campestre) and trident maple (Acer buergeranum) are moder- move a few into a warmer area to speed ripening.

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The Michigan Riparian 9 November 2006 EATURE: Great Lakes shoreline grooming: curse or blessing?

BACKGROUND These activIties Submitted by Don Winne Early in the first session of the Michigan 92nd Legislature, have been tracked Publisher House Bill No. 4257 was introduced by 25 members of the by DEQ to ac­ The Michigan Riparian House for the purpose of amending Parts 303 and 325 of Act cumulate impact #451, Public Acts of 1994, Natural Resource and Environmen­ data for a report to the legislature and the Governor by January tal Protection Act. The purpose of the House Bill was to permit 1, 2006. Requests from riparian property owners for grooming owners of Great Lakes shoreline property permission to groom permits totaled 18 in 2003, 48 in 2004 and 24 in 2005. their beaches. DEQ REQUESTS ASSISTANCE FROM UNIVERSITY The Executive Director of Michigan Lake & Stream Associa­ PROFESSORS tions reported to the ML&SA Board of Directors at its regu­ The DEQ requested the assistance of Dr. Thomas Burton, MST; larly scheduled meeting at Coral Cables (Lansing) on April Dr Dennis Albert of the Michigan Natural Features Inventory, 3, 2003)that he thought the Bill, if passed into law, would be MSU Extension; and Dr. Donald G. Uzarski of Grand Valley damaging to the Great Lakes. Board member Kathy Miller, State University to provide an objective, scientific evaluation of Vice-president of Region 2, proposed a Resolution to allow the impacts of beach maintenance and vegetation removal ... Don Winne to offer a position statement opposing House The Department entered into an agreement with this research Bill 4257. The motion was seconded by Cecile Kortier and team to carry out agreed upon studies with a focus on Grand motion carried. Traverse Bay and Saginaw Bay ... The overall goal of studies car­ ried out during the summers of 2004 and 2005 was to explore House Bill 4257 was approved by the House by a vote of 64 the impact ofwetland fragmentation on the chemical and physi­ in favor and 43 opposed on April 10, 2003. The Bill would cal characteristics of the shore, and biological communities allow owners of beachfront property on the Great Lakes to (plants, fish, and invertebrates) ... Some sites in Northern Lake maintain their shorelines by manual or mechanized leveling Huron were also included in the study to evaluate the impact of of sand, mowing, and removal of vegetation and grooming wetland fragmentation from other activities, such as establish­ of the top 4 inches of soil between the water's edge and the ment of boat channels through the marshes. A total of 68 sites ordinary high- water mark without obtaining permits. on Saginaw Bay, 7 sites on Grand Traverse Bay, and 23 sites in northern Lake Huron were evaluated by the research team. Similar legislation in the Senate (SB244) is sponsored by Sen. Jim Barcia, Bay City. Low lake levels for several years have SUMMARY OF RESULTS exposed far more beach area than normal. Environmental 1. Removal of vegetation disrupted the normal physical and groups have been worried that the legislation would adversely chemical conditions of the wetlands. affect the beach environment by hindering native vegetation 2. Plant diversity is much higher in undisturbed areas with no and normal sand movement. The Granholm administration active management. Plant diversity in previously disturbed sites opposed the Bill. Both Bills were approved by a majority in tends to be low, and non-native or nuisance species, in particu­ both houses and approved by the Governor on June 4, 2003, lar phragmites (common reed), are included in the plants that and filed with the Secretary of State on June 5, 2003. These do occur. Bills became Act 14 and became effective on June 5, 2003. 3. Invertebrate animals (both micro and macro) are critical to the overall ecology of the Great Lakes .. . The conversion of wet­ PROVISIONS OF ACf 14: land plant areas to open water beaches by raking, disking or Beach grooming included the following: "Beach maintenance other means - results in very large and statistically significant activities ... in the area of Great Lakes bottomlands lying below decreases in the numbers of invertebrates present and also in the ordinary high-water mark and above the water's edge." The the diversity of organisms that compose the invertebrate com­ "ordinary high-water mark" is defined in PART 325, Section munity. The number of individual organisms collected adjacent 32502 of the GREAT LAKES SUBMERGED 3 LANDS and is to undisturbed beaches was 29 times greater, on the average, stated as follows: "For purposes of this part, the ordinary high­ than the number collected in raked zones. water mark shall be at the following elevations above sea level, 4. In summary, it is clear that the impact of vegetation removal International Great Lakes Datum of 1955: Lake Superior, 601.5 on larval fish extends well beyond the point where vegetation feet; Lakes Michigan and Huron, 579.8 feet; Lake St. Clair, has been removed. Fragmentation of the marsh can thus have a 574.7 feet; and Lake Erie, 571.6 feet." very serious impact on fish production in the Great Lakes.

Riparian property owners in Saginaw and Grand Traverse Bay OVERALL CONCLUSIONS AND RECOMMENDATIONS were authorized to remove vegetation from shoreline areas. The observations of DEQ permit staff, and the findings of the ... continued on page 13 The Michigan Riparian 10 November 2006 ATTORNEY WRITES

Debunking By Clifford H. Bloom, Esq. Law, Weathers & Richardson, P.C. 333 Bridge Street, N.W., Suite 800 myths:Part II Grand Rapids, Michigan 49504-5320

[The first half of this column, featuring fishing, so long as it occurs for limited Mich App 698 (2003). myths 1-5, appeared in the August 2006 is­ periods of time and the anchoring does 12. Myth: My surveyor has determined sue of The Michigan Riparian and can be not involve an empty boat. Of course, where the underwater boundaries are read online at www.mlswa.org - this is a under unusual circumstances, legal ac­ to my bottomlands, so that settles the continuation of that column.] tion by the riparian property owner matter. could potentially be undertaken if the Only a Michigan county circuit court *************************** otherwise allowable activities get out of can definitively determine lake bottom­ hand (for example, disturbing the peace, lands boundaries (Le., how property There are long-standing myths about in­ creating a nuisance, extreme cases, etc.). lines radiate from a lakefront property to land lakes in Michigan. In the continu­ the center of the lake, and what consti­ ation of this column, we confront some 8. Myth: I can fill a wetland next to the tutes the center of the lake). An opinion of the remaining most common myths. lake, put sand in the lake, and dig out by a surveyor or engineer is just that-an the bottomlands without any govern­ opinion, even if the work is referred to 6. Myth: Absent local anti-funneling mental permit or approval, so long as as a riparian surveyor a bottomlands regulations, I can create new lake access I utilize a hand shoveL survey. Although such opinions or sur­ easements across my property for back­ Not true. Under the Michigan Wetlands veys might be used in an attempt to per­ lots and I can allow backlot owners to Protection Act and the Inland Lakes suade a neighbor or a court, they are not moor their boats on my lakefront. and Streams Act (both ofwhich are now binding. Even without an anti-funneling provi­ combined under the Michigan Environ­ sion, if the local municipality has a zon­ mental Code), permits are required pri­ 13. Myth: The private park [or road ing ordinance and the lakefront prop­ or to any such activities occu rring, even right-of-way, walkway, etc.] located erty at issue is zoned for single-family if the work involves a hand shovel. next to my lakefront property which residential use, it is highly likely that was created by the plat no longer ex­ new lake access easements could not 9. Myth: For purposes of determining ists and is now my property, since the be created and that the lakefront prop­ my bottomlands, my side yard proper­ township gave me a quit-claim deed to erty owner cannot permit others to keep ty lines are extended at the same angle that property. boats at his/ her frontage, as that would toward the center of the lake. This one comes up a lot. The only way to be a violation of the single-family zon­ In fact, except in rare circumstances, extinguish or otherwise alter a road right­ ing restrictions (i.e., those uses would that is almost never the case. Riparian of-way, park, walkway, or other common constitute prohibited multi-family uses). bottomlands boundary lines almost nev­ area (whether public or private) created See Soupal v Shady View, Inc, 469 Mich er follow the same angle as side lot lines by a plat is by a formal lawsuit in the 458 (2003) and City of Au Gres v Walker do on dry land. county circuit court where the property (an unpublished decision decided Feb­ is located. Furthermore, it is up to the ruary 11, 1993, Michigan Court of Ap­ 10. Myth: My neighbor cannot install circuit court judge to decide whether or peals Case No. 140101). a fence or add on to her house in such not to grant the relief requested. a way that it would block my view of 7. Myth: If I am a lakefront property the lake. These platted properties cannot be al­ owner, I can prevent fishermen and In Michigan, there is no "right to a view," tered or title transferred by simply having swimmers from congregating in the although there may be local zoning regu­ the municipality give a quitclaim deed to waters over my bottomlands. lations which help preserve views. the adjoining property owners or anyone Generally, that is not the case. Once a else. Such a deed would be of no effect person gains access to a lake, they have 11. Myth: I have the right to install a unless to carry out the decision of a cir­ the right to swim, fish, boat, and float dock, permanently moor boats, and cuit court plat vacation proceeding. anywhere on the surface of the lake, sunbathe at my lake access easement. so long as they do not touch the bot­ Actually, that is almost never the case, tomlands or dock of another without unless the lake access easement lan­ permission. One exception to this is guage expressly provides for such uses temporary anchoring for swimming and and activities. See DybaH v Lennox, 260

The Michigan Riparian 11 November 2006 ML&SANEWS Join us: 2007 forms are now online for Cooperative Lakes Monitoring Program

MICHIGAN LAKE &STREAM ASSOCIATIONS, INC. Michigan's unique geographical location provides its citizens with a wealth of P.O. Box 249 freshwater resources including over 11,000 inland lakes. In addition to being Three Rivers, Michigan 49093 valuable ecological resources, lakes provide tremendous aesthetic and recreational PHONE 269-273-8200 value for the people of Michigan. Fax 269-273-2919 E-MAIL [email protected], [email protected] As more and more people use the lakes and surrounding watersheds, the poten­ WEB SITES www.mlswa.org, www.mi-water.cmp.org tial for pollution problems and use impairment increases dramatically. Reliable Donald E. Winne, EXECUTIVE DIRECTOR information, including water quality data, levels of use, and use impairment, are OFFICERS essential for determining the health of a lake and for developing a management PRESIDENT-DENNIS ZIMMERMAN plan to protect the lake. As the users and primary beneficiaries of Michigan's 716 E. Forest, P.O. Box 3235 Lake George, MI 48633-0325 lake resources, citizens must take an active role in obtaining this information and PHONE &FAX 989-588-9343; E-MAIL [email protected] managing their lakes. VICE PRESIDENT-LEo SCHUSTER 3021 Marion, Lewiston, MI 49756 PHONE 989-786-5145 E-MAIL [email protected] The Cooperative Lakes Monitoring Program (CLMP) is a partnership between SECRETARY-RoGER CAREY the Land and Water Management Division of the Department of Environmental 2945 Ojibway Lane, Harrison, MI48625 PHONE 989-588-9538 E-MAIL [email protected] Quality (DEQ) and the Michigan Lake and Stream Associations, Inc. (ML&SA). TREASURER-PEARL BONNELL The primary purpose of this cooperative program is to help citizen volunteers P.O. Box 303, Long Lake, M148743-0281 PHONE 989-257-3583/fax2073 E-MAIL [email protected] monitor indicators of water quality in their lake and document changes in lake quality over time. REGIONAL VICE PRESIDENTS REGION 1-FLOYD PHILLIPS 9535 Crestline Dr., Lakeland, MI 48143-0385 Lake quality is influenced by many factors such as the amount of recreational use PHONE 810-231-2368 REGION 2-WILLIAM Scan BROWN it receives, shoreline development, watershed runoff, and water quality. Lake wa­ 11250 Riethmiller Rd., Grass Lake, MI49240 PHONE 517-522-5284 ter quality is a general term covering many aspects of lake chemistry and biology. REGION 3-S0NDRA (SUE) VOMISH The health of a lake is determined by its water quality. Problems most commonly 52513 Twin Lakeshore Drive, Dowagiac, MI49047 PHONE 269-782-3319 E-MAIL [email protected] cited by lake residents, such as excessive plant growth, algal blooms, and mucky REGION 4--FRANZ MOGDIS bottom sediments, are caused by water quality factors that lead to increased lake 5525 Vettrans Ave., Stanton, MI 48888 PHONE 989-831-5807 E-MAIL fmogdis@maisd .com fertility or productivity. Productivity refers to the amount of plant and animal REGION 5-VIRGINIA HIMICH life that can be produced within the lake. Excessive productivity can significantly 1125 Sunrise Park Dr. , Howell, MI48843 PHONE 517-548-2194 E-MAIL [email protected] shorten the life of the lake. The gradual increase of lake productivity over time is REGION 6-JEFFREY DEE HOLLER 2830 Hummer Lake Road, Ortonville, MI48462 a natural process called eutrophication, or lake aging. A primary objective of most PHONE 248-627-3458 E-MAIL [email protected] lake management plans is to slow down eutrophication by reducing the input of REGION 7-DENNIS ZIMMERMAN 716 E. Forest, P.O. Box 325, Lake George, M148633-0325 plant nutrients, such as phosphorus, and sediments to the lakes. PHONE &FAX 989-588-9343; E-MAILdenniszimm@earthlink .net REGION 8-ED HIGHFIELD 16281 Pretty Lake Dr., Mecosta, MI49332 Lake scientists have developed a variety of numerical indexes based on water qual­ PHONE 231-972-2190 E-MAIL [email protected] ity data to express lake productivity on a continuous numerical scale. The widely REGION 9-KATIE ZOPF 100 Pine St., Traverse City, M149684-2511 used Carlson Trophic State Index (TSI) incorporates water clarity, or transparen­ PHONE 231-929-0500 ext. 117 E-MAIL [email protected] REGION 10-LEO SCHUSTER cy, as measured by a Secchi disk; the algal plant pigment chlorophyll a; and total 3021 Marion, Lewiston, MI49746 phosphorus as indicators of lake productivity. The CLMP was designed to provide PHONE 989-786-5145 E-MAIL [email protected] REGION 11-CECILE KORTIER data on these parameters. The CLMP provides sampling methods, training, work­ 18200 Valerie Dr., Hillman, MI49746 shops, technical support, quality control, and laboratory assistance for volunteers PHONE & FAX 989-742-3104 REGION 13-CHARLENE McDONNELL to monitor their lake for these indicators of lake productivity. Volunteers may 2110 E. Deer Lake Rd ., Au Train, MI49606 then classify their lake according to its level of productivity, or trophic state, using PHONE 906-892-8676 REGION 15-ARNY DOMANUS Carlson's TSI. Long-term monitoring of these parameters on a consistent and N 4176 Kar-Brooke Lane, Watersmeet, MI49969 PHONE 906-358-9912 E-MAIL [email protected] regular basis provides the data needed to recognize changeo. or trends in lake pro­ ductivity. Take an active role in protecting your lake. Join us in determining the BOARD MEMBER AT-LARGE Richard Morey, v.P. Coordinator health of your lake. 2007 APPLICATIONS ARE ONLINE AT WWW.MI-WATER-cMP.ORG. 50230 E. Lake Shore Dr., Dowagiac, MI 49047 PHONE 269-424-5863 E-MAIL rdm@locallink .net The Michigan Riparian 12 November 2006 ... continued from page 10 research team an support the same conclusion - THE ALTERA­ etation twice per season; mechanical leveling of sand in unveg­ TION OF VEGETATED AREAS ON THE GREAT LAKES etated beach areas above the current water's edge, maintenance COAST BETWEEN THE ORDINARY HIGH-WATER MARK of a temporary path 6 feet wide in bottom width to provide ac­ AND THE WATER'S EDGE HASA SIGNIFICANT ADVERSE cess to open water. IMPACT OF THE ECOLOGY OF THE GREAT LAKES. 6. a) An individual permit would be required for other beach maintenance activities, including; grading or leveling of sand THEREFORE THE DEQ RECOMMENDS: that would alter the natural shoreline; 1. Vegetation removal by a letter from the DEQ DIRECTOR be b) mechanical raking or disking of beach areas that will result in allowed to sunset on June 5, 2006. loss of vegetation or degrade habitat quality on the beach or in 2. Permits for vegetation removal be issued on a case-by-case basis. adjacent waters; and 3. Issuance of a limited General Permit for removal of vegetation c) large-scale or frequent mowing that would significantly impact front a 6-foot-wide walkway to allow access to open water. vegetation. 4. That exemptions for beach maintenance activities, including rak­ ing, mowing, leveling of sand, and establishment of raised paths (The information source of the above is taken from Report on the Impacts of continue only until November 1, 2007, as specified in Act 14. Beach Maintenance and Removal of Vegetation under Act 14 of 2003, Michi­ 5. Issuance of a new General Permit as of November 2007 to gan Department of Environmental Quality, March 2006) cover certain beach maintenance activities, such as: mowing veg­

Update from the Michigan Association of County Drain Commissioners (MACDC) Legislative Committee In recent months, the Michigan Legisla­ to redevelop and create jobs, generate tax The House of Representatives introduced ture introduced several bills and a reso­ revenue and revitalize the community was House Bills 5817-5821 and House Bill lution relating to condemnation. The a permitted "public use." In that case, the 5060; all were passed out of the House package of bills was a response to the Court specifically provided that a state of Representatives and sent to the Senate Michigan Supreme Court's decision in could place further restrictions on the Committee on Transportation in early Wayne County v Hathcock, 471 Micn 445 state's taking power and noted that the June. On June 13, 2006, the Transporta­ (2004), in which the Court overruled its Hathcock decision was an example of a tion Committee sent the bills to the Sen­ prior decision in Poletown Neighborhood state's imposition of further restrictions. ate Floor. Council v City of Detroit, 410 Mich 616 (1981). The Poletown decision allowed Senate Joint Resolution E subsequently As you know, Drainage Districts fre­ public agencies to condemn private prop­ passed both the Michigan House and quently condemn property for purposes erty for purposes of transfer to a private Senate and was filed with the Secretary of establishment, constsruction, main­ entity for redevelopment. In Hathcock, of State. Under the Joint Resolution, tenance, or improvement of a drain. As the Court held Wayne County could private property cannot be taken for the a result, the MACDC is working closely not condemn property near the Detroit purpose of transfer to a private entity for with members of the Legislature to en­ Metropolitan Airport for redevelopment the purpose of economic development or sure that the condemnation package because condemnation for that purpose tax revenue enhancement. The Resolu­ clearly defines legislative intent. Legisla­ did not constitute a "public use." The tion also provides that, if private property tors have been cooperative and helpful in Supreme Court delineated the following consisting of an individual's principal res­ listening to and addressing concerns of circumstances in which a taking could be idence is taken for public use, the public the MACDC. Specifically, Drain Com­ considered a public use: 1) when public agency must pay the individual 125% of missioners are concerned with the defini­ necessity of the extreme sort requires the property's fair market value. Finally, tions of "principal residence" and "resi­ collective action; 2) when the property the resolution provides that the burden dential dwelling" as they appear in the remains subject to public oversight after of proof is on the condemning authority bills and in the resolution. Some of the transfer to a private entity; and 3) when to demonstrate by a preponderance of procedural amendments in the package the property is chosen due to facts of in­ the evidence that the taking of the pri­ are also of concern. The MACDC seeks dependent significance rather than the vate property is for a public or, if the con­ to ensure that Drain Commissioners can interests of a private entity. demnation action involves a taking due continue to perform the statutory duties to blight, the condemning authority must of their office, including condemnation The United States Supreme Court ad­ demonstrate by clear and convincing evi­ proceedings, without being subject to the dressed similar issues in Kelo v City of New dence that the taking is for a public use. provisions of these bills and the Senate London, 125 SCt 2655 (2005), holding The Resolution will go to a vote of the Joint Resolution. that condemnation of private property by people on the November ballot. the City of New London, Connecticut, - compiled by Michelle Brya, Hubbard Law Firm

The Michigan Riparian 13 November 2006 EATURE: Monitoring the quality of recreational waters The responsibility for protecting the health of swimmers who pathogens at a By Alfred P. Dufour may be exposed to microbial hazards at our nation's beaches falls rate of two to 10 u.s.Environmental Protection Agency on state, municipal, or community authorities. They accomplish million per gram National Exposure Research Laboratory this by measuring a microorganism called E. coU in beachwater of feces. If that samples. We call these microorganisms indicator bacteria because discharge occurs they indicate to us something about the quality of the water. If from a reasonably large population, the indicator bacterium ap­ there are too many of the E. coli in the water sample, the beach proach should work quite well. water is determined to be unsuitable for swimming. The characteristics of a good indicator bacterium of fecal con­ Although we see the names E. coli and indicator bacteria in the tamination are the following: The indicator should be exclusive­ newspapers and on television, and we know that it is not good ly and consistently associated with feces. They should be easy to to find this microorganism in food or water, there are many mis­ measure and they should be harmless to humans. They should conceptions about why this bacterium is measured and what it occur in higher numbers in surface waters than pathogens. They means to find it in water. should not grow in aquatic environments and they should be applicable to all types of water. Last, the number of indicator WHAT ARE INDICATOR BACTERIA AND WHY Do WE USE THEM? bacteria in water should correlate with health effects in swim­ Indicator bacteria are used to tell us something about the qual­ mers. If an indicator bacterium had all of these characteristics it ity of the water that we swim in. An oversimplified definition of probably would be a good indicator, but not an ideal indicator. an indicator bacterium would be "an organism The ideal indicator would be one that was able to separate and that's measured when identify risks associated with water contaminated by humans NO SWIMMING you cannot measure from that contaminated by animals. Furthermore, the ideal what you really want to indicator bacterium should be measurable using a very rapid measure." In the case method (instantly would be ideal), so that results are obtained of recreational waters, in a couple of hours instead of 24 hours or more. Results that it would be desirable are obtained long after the sampling event are not useful for to measure the patho­ limiting health risks of humans exposed to contaminated water genic microbes that that is not in compliance with local regulations. present a risk to swim­ mers, such as viruses, Therefore, rapid methods would likely reduce and ease risks for protozoa and some swimmers. The ideal indicator is not available to us yet, but sci­ bacteria. entists are continuously pressing forward to develop better indi­ cators of fecal contamination, and faster and more inexpensive SEWAGE CONTAMINATED Unfortunately, these methods for measuring recreational water quality. WATER pathogens do not occur in bathing waters on a WHY Do WE USE E. COLI TO MEASURE WATER QUALITY? consistent basis, and We use E. coU today because it has served public health purposes they are very difficult for over a century. Late in the 19th century, typhoid fever and to detect and count. They usually occur when a substantial por­ cholera, two severe gastrointestinal diseases, were quite common tion of the population that discharges its waste through a sewage in the world. In 1855, John Snow in London showed that water system to surface waters is ill. That's why one pathogen can't be was one means for transmitting cholera. He believed that feces used to tell us about the presence of another pathogen. To get from ill people somehow got into the water supply and these, around this problem, we measure the presence of fecal material. in turn, were swallowed in the drinking water, thus perpetuat­ This is done by measuring a bacterium that's always found in ing the disease. Today we call this the fecal-oral route of trans­ feces and in very high numbers. High numbers are needed in or­ mission of disease. He proved his case by simply removing the der to follow the great dilution and dispersion that occurs when handle from the pump of a central contaminated well and the feces reach surface waters. A common number of indicator bac­ illness rate was immediately lowered. teria in a gram of feces is about a million. Therefore, if that gram is diluted a million times to about one-millionth of a gram, test­ A means of measuring the quality of water was not available ing can still measure one indicator bacterium that was associated until 1885, when a researcher named Escherich described a mi­ with the original gram of feces. When individuals become ill croorganism he isolated from infant feces. Escherich named the with a microbial gastrointestinal disease, they usually discharge microorganisms Bacterium colicommune which was later short­

.. . continued on page 15 The Michigan Riparian 14 November 2006 ... continued from page 14 liquid medium used to grow the coliform In the early 1940s, many researchers were bacteria. This simple means of detecting pointing out that coliforms had many ened to Bacterium coli. Other scientists coliforms in water led to their widespread sources not associated with fecal material. were soon showing that the microorgan­ use for measuring fecal material in water In order to improve the source specificity ism was always found in feces. Another environments. Today it is well-known that of coli forms, they grew coliform bacteria scientist, whose name was Schardinger, the coliform group consists of multiple at a temperature of 44°C instead of 35°C. suggested in 1892 that if this microbe was types of bacteria. Some of these types, Only one or two organisms ofthe coliform found in water, it indicated the presence such as the Citrobacter and Enterobactel; bacteria could grow at the higher temper­ of fecal contamination and, therefore, the are found in the soil. ature. The main microorganism, but not potential presence of enteric pathogens. the only one, was B. coli, which was by now This was the beginning of the use of E. Another type called Klebsiella is found in called Escherichia coli (E. coli) in honor of coli as an indicator. many environments such as water, wood, its discoverer. This new, smaller group of and industrial wastes. The significance of coliform bacteria that could grow at an As more and more organisms resembling these non-E. coli bacteria is that water en­ elevated temperature were called fecal co­ Bacterium coli were being discovered, they vironments would frequently be mis-clas­ liforms because of their greater specificity were described as coliform, that is, having sified. If the source of the contamination for fecal material. the form of coli. Many of these bacteria was a septic tank, E. coli could make up had a common characteristic, the abil­ over 95% of the coliforms. Ifthe contami­ Fecal coliforms have been used since the ity to ferment lactose, a common sugar. nation source was forest runoff, the E. coli 1940s to measure water quality. This bac­ One of the end products of this fermenta­ might make up only 10% of the coliforms. terial indicator group contains at least tion was hydrogen gas, which was easily This lack of consistency with regard to two genera that can grow at 44°C, E. coli captured in a small tube inverted in the source led to a search for new indicators. and Klebsiella pneumonia. Klebsiella, how­

... continued on page 21

FOR 45 YEARS, MLSA HAS PROVIDED ALL OF TIlESE BENEFrfS AND ~ichigan RESOURCES TO ITS MEMBERS AND THE CITIZENS OF MICHIGAN ON ALIMITED BUDGET - RELYING ALMOST ENTIRELY ON VOLUl\TTEERS. Lakes & Streams IF "VE ARE TO CON'11NUE TO BE EFFECrrVE AS THE LEADER IN TIlE STATE IN PROTECrrNG OUR WATER RFA~OllRCES FOR FUTURE GEN­ Foundation ERATIONS Al'm CONTINCE TO BE YOUR VOICE IN l,ru'\fSING AND CON­ TINUE TO DEFEND YOUR RIPARL".N RIGHTS ...... WE NEED YOUR SUPPORT!

\VIl,\(' ~ I'll! \ 11Il/(;\ L\hJ S &. ciations statewide, representing more and streams: .;., Hi \ 'II" ]"()f . J) r·l11 . than 100,000 members interested in 1. You can leave a percentage of your estate The Michigan Lakes & Streams Founda­ protecting the future of Michigan's through your will to the Foundation. No tion is a 501 (c)(3) nonprofit, charitable water resources. For 45 years, Michigan matter what kind of assets are in your estate, organization which was established in Lake & Stream Associations, Inc., has and regardless of the vaiue, the percentage 2004 by Michigan Lake & Stream Asc labored on yom behalf - most likely you specifY will be given by your personal sociations, Inc. (MLSA) to provide a ve­ vvithout you even knovving about it representative. hicle (an endowed fund) for developing On a national, regional and state level, 2. You may also "'~sh to name a fixed-dollar a stable and permanent financing source MLSA represents its members through amount or other specific property as your to help support MLSA's many progTams involvement in a variety of progTams gifL This ensures a definite gift regardless of and initiatives. and issues involving state waters. Some other bequests. of the key issues MLSA is currently 3. After bequests are made to other heirs, you

\ H I II \ :I J I I, dealing with include: can leave whatever is left from your estate to An endowed fund ensmes the principal • Riparian rights. the Foundation. This assures that others are from all gifts will always be there in the • Lall.e and stream water quality. taken care of first, but that something goes to future to help provide funding to MLSA. • Controlling invasive species. the Foundation that is importarlJ to you . Only the interest earned will be utilized. • Lake/stream watershed management 4. Make a cash contribution any time. The principal will remain untouched. • Other MLSA activities - MLSA is ac­ Thus, the more we are able to expand tively supporting numerous progTams; Consult with your own attorney or accountant the principal, the greater the dollars MLSA is also your voice in Lansing, for further ideas on the most appropriate way available each year. representing you. to make your bequest. FOR MORE INFORMA­ TION, contact Franz Mogclis, President of the IY . I ., .. H HI . I . Board of Directors of the Foundation, at 989· MLSA's membership consists of more There are 4 ways you can make a dif­ 831-5261; or Pearl Bonnell, Treasurer of the than 300 Lakes & Streams Asso­ ference in the future of Michigan's lakes Foundation, at 989-257-3583.

The Michigan Riparian 15 November 2006 LOVE MY LAKE ... "Love My Lake" is a new feature of The Michigan Riparian. In each issue, we invite subscribers and readers to tell us why they love their lake and to share one or two photographs. If you'd like to feature your lake in a future issue, please follow the format you see be­ low to answer the nine sets of questions and submit them via e-mail to [email protected] or via "snail mail" to: Love My Lake c/o Jennifer Churchill, P.O. Box 44, Carson City, M148811. Please also e-mail a large-format (300 dpi) jpg or tiff photo of your lake, or snail mail a regular photo. Photos Will not be returned, so please mail us a copy. We look forward to hearing about your lake! Virginia Himich loves living on Lake Chemung

What is your name and my door and go boating/swimming, ing about moving to MLSA affiliation (asso­ 7 a lake, or who has the friendship and joining together of ciation you belong to)? neighbors. What I love most about this just recently moved Answer: Virginia Himich, particular lake is the neighborhood fun to a lake? 1 Lake Chemung Riparian Answer: Educate yourself and friendliness - everyone knows one Association. another. Activities on the lake abound on water-related issues. and everyone joins in and has a wonder­ Learn the "do's and don'ts" to protect What is the name of your lake ful time. The neighbors on the lake truly your lake. Become involved ... join your and where is it located (county care about one another and they are will­ lake association, talk to your neighbors, and general region ing to lend a helping hand in times of participate in activities. It is the responsi­ of Michigan)? need. bility of those living on the lake Answer: Lake Che­ to protect their valuable re­ mung-Livingston Coun­ How is life source ... if they don't, no one ty (half-way between on a lake dif­ will do it for them. 2 Brighton and Howell, ferent from a Michigan) "non-riparian" lifestyle? How long have you lived on Answer: Folks liv­ lakes? How long have you lived ing on the lake are on this particular lake? bound together Answer: I have lived on by the lake. Ripar­ a lake for approximately ians have a com­ 40 years. I spent sum­ mon goal ... to mers on Lake Fenton at protect their lake. 3 our family cottage while Yes, I think the quality of growing up and I have life is bet­ lived on Lake Chemung ter and I since the early 1980s. feel more in touch How would you describe your with na­ lake? Very rural? 6 What types of activities ture and seasonal cycles. Developed? A vil­ The pros of living on a do you and family mem­ lage ortown feeling, lake include the access ibility to water-re­ bers do on your lake? or more remote? lated activities - all you have to do is walk Kayaking? Fishing Bird­ 4 Answer: Lake Chemung out your door and fishing/boating/swim­ 8 ing? Answer: Swimming, is highly developed. ming is right there. Lake neighbors tend boating, fishing. to get to know one another and to par­ What do you love most about liv­ ticipate in common activities ... picnics, Do you find that family mem­ ing on a lake? What do you love parties, lake-sponsored activities. Com­ bers visit more frequently when most about this particular lake munity spirit is great amongst lake neigh­ you live on a lake than that you now live on? bors. Sunrises and sunsets are beautiful when you don't? Do Answer: The peaceful­ over the lake. And, peace can be found you have any funny ness of sitting and en­ when the lake is quiet ... watching nature, anecdotes to share? joying a waterfront envi­ listening to the waves, sitting in the yard 9 No. ronment. The wildlife, and watching the water. 5 the sound of the waves, What riparian-related advice the ability to walk out would you give to someone think-

The Michigan Riparian 16 November 2006 ~ UNITEDSTJJTES Statement of Ownership, Management, and Circulation I!!iiII POSTAL SERVICE, (Requester Publications Only) . PubibtlonT!IIe 2. Public300n Nurnbc1 13._""" DNR, N RC policies '!he Michigan Riparian 01217191-1215121. October 20(lIL ... I$:5UOFreo,ucmc:y S.NurnDerdISSUClSPubIi&hcclAl'o"'Itm", 6.AlnQISubscripIion~ QU8t:'tel:'ly 4 (d'any)SlO.OO referenced on page 8 1. Complete "bing Ad4rllm oJ Knr:;wn ~ or PllJliCaOon (Not priMer) (Street, ci!y. G:OUtJ(y. ~/M. 3f)(J ZJp..iI/J """""'Dooald ...... E. Winne TIle 'Michigan Riparian 124§ N. Main St. Three Rivers , til 49093 le:ephoool~alNoooe) St . Joseph County 269-273-8200 (NOTE: See the publisher's editorial on page 8, which explains 6.~;oMang._01~ Ot~ I3usines:sOflioeolPublishef(Ncl.ptiA'8IJ Donald E. Winos, l24} N. Main St• • Three Rivers, :iI 49093 more about why these two policies are so important to riparians.)

Pubishet(N_~nd~m..,;ngltddroS$) DEPARTMENT OF NATURAL RESOURCES UPLAND CHANNEL Donald E. Winne. lZq N. Main St•• Three Rivers. MI 49093 GENERAL POLICY EdilOf (~and oompIWJ trrBiJfrrg 9d~ "The Department shall not abet, support, promote or give Jennifer Churchill. P. O. Box: 44, Carson City, Mt 48811 encouragement to, and shall oppose by any legal means, the creation of any upland channel development any­ where in the State that will threaten the capacity of our land and water resources to sustain a quality environment for the citizens of the State.

Miehi an Lake & r e Upland channel projects on the inland lakes and streams will not be approved if the proposed development will cause overcrowding or overuse of the adjacent waters, it is not in conformance with local zoning and land use con­ trols, or if it is likely to injure the public trust or interest in wildlife and fish, or the riparian rights of owners of the affected water.

Those projects involving a major controversial develop­ ment will require the preparation of an Environmental 12.(.IJu;U~~tedillhoptJbiit;$onfi!1oshQwlTlillit8lff'~~pub/JaJlioo~"' a-de.,.~~ ) The~.func6on. 3ndnonprofrtNIIJ$oIlhi$organJza:iof\~Iho~statusrorfeclcralroo::lfT'lltW ~ i'O"*:tO!lll Impact Statement. o a. Has Not Changed Duriog ~ 12 MonIZ'IS fa b.Ha:.-CNI~0uri?g~12Moo-1Ih5(PrJbilhortrMA1Wb1r« fJ~ci~"'''~ . Permits that are issued by the Department shall specify 13. PubIic

10,050 10,000 NATURAL RESOURCES COMMISSION POLlCY No. 4507

11"ICIi'liciu.al PBidlReqUO$led Mail Subsc:rlplSoos Sated on. PS (OF 1977) Fortn3541.(lr>cJvdodiroctwntrtJ/lreqlJQStlrom~t 9,419 (1) tc#lM'IlII'keMgslldlmetOOrI'DqUBStsfromrocp;ontpak/M>­ 9,602 JIC;rip6ons incJuding nomJ/l1J1 raro subscrip(ions. iKfwIIrisar"s Preamble: "The practice of upland channeling, for any b._ prooI~, Dnci(JXch;)nga copifJ$) purpose, can have a serious effect on the land and water ..... 00 ~id­ (2) ~~N~~~~!n3541 00 resources of the State. ~~ ~------~r------~------SiIes.Th."OU!lhOealersaodCc:rrieB.Strect~, "" (3) Counlt:f Sales, and Qtt.ef PaId Of RCQUO.Sted 0isWlu1lon 00 00 ""­"""'" OutsiOel..lSPS® Some effects are readily apparent and occur at once, oth­ 153 158 ers are not and may take years to become evident. It is

.:. T_P;jdandfor~Circu1ation(~oI'5b('J.(2).(31,fNId(4)) " recognized that channeling may sometimes improve the at­ 9,372 9 760 tractiveness of residential building sites for citizens of the ~ Copios SU:edon PSFotm1541 ~e 5:aIr¥W~R~(),w3)"eS1S"~,R~Jn. (I) ductldby8Prr:1r6um.EWI1cS3lflSan6Roqt.ests~ State and aid in making the water resources of the State ~ RoqtHI$I$. Nilmesobtamedfrom But:!ne:s:s OitectofIo:s.Us:ts,

These amenities, however, must be carefully weighed

Nonteques18d Cop;es DtslribtJted 0u1skSll1he Mail against the possible severe disruption of groundwater (3) (lnct1ldoPidi:up~ T~Sho~.~ond OI/IefSourct!/s) systems, overcrowding of the recreational water areas,

o. TotaINonrtQuO:SIed~'S\..w?IoI'5d(I).(2).

72 7' safety considerations. 1'1. TOI8I(S4Imol,Y.ncigj 10 ,050 10,000 l ~I P3WJ ond.Ioo- Requested C/toJI:atlon 95.93 98.34 (JSctiMd<.

11. ~OanclTldQo(ed

I l~ ttlO lal1Wom\atlanI\snlsl'ledOtlIhis~Osll\lllaoo~.e.IUl'ldorslarldlhalanyonewho~QltaC)l'lTIi:;Ioo(f.ng lnlormatlonooltftl'orm or'oQrlit,~«irtiotmetion~onlhelorrntnaYbe&ubjtw;ttoc:rimhal~Cor.cl~ftnvsBl'\dirnprisonmtont)endfor<:MI~ (lrGudlngcMIpenalt:le:s ~

PS Fonn l526-R. SeptembGt 2006 (PM}tI 2of J)

The Michigan Riparian 17 November 2006 NEWS FROM LAKES AROUND THE STATE

Non-E;.hosphorous fertilizers LAKE OF THE WOODS IMPROVEMENT Assoc. Boats, as well as the skiers and tubers be­ WHITE KE ASSOCIATION Decatur, Michigan ing pulled, must remain at least 100 feet Muskegon County Wayne Potter, President from docks, rafts, shore and swimmers. Phil Dakin, President There are two opinions regarding the Boaters towing skiers must travel coun­ Muskegon County commissioners voted geese population on Lake of the Woods. terclockwise. last month to make Muskegon County You either love them for their natural the first in Michigan to ban the use of beauty or hate them for their "unsolic­ Keyholing fertilizers containing phosphorous. Phos­ ited deposits" on your lawn. The board BYRAM LAKE ASSOCIATION phorous is the nutrient most responsible recently appointed Joe Hillyer as chair of Linden, Mi ch igan for rampant growth of algae and aquatic the Waterfowl and Fish Resources Com­ Jack Schoeppach, President plants in lakes and streams. The ban will mittee to research what can be done to The membership addressed the board take effect on Jan. 1, 2007, to give time control the nuisance factor of the geese concerning the issue of "keyholing," for retailers offertilizer with phosphorous and yet respect their environmental in­ a word used when a watercraft (power to deplete their inventory. Phosphorous tegrity. Members should not feed geese. boat, personal watercraft, row boat, ca­ content in fertilizer is the middle num­ In Michigan, the goose hunting season is noe, etc.) is launched into a private lake ber on the bag. The ordinance makes an limited, and hunting around a residential by someone other than the owner of the exception for phosphorous fertilizer for lake is limited. The DNR has suggested riparian property. Fenton Township's Ar­ farming and the starting of new lawns; breaking all but one egg in a goose nest ticle 4, Section 4.01, tries to explain the however, a soil analysis test and permit to limit population growth, but scouting regulation as "The intent of this section will be required for purchase. This pro­ and screening the nests takes manpower is to prevent non-riparian owners or oc­ cess is still being worked out. In a related and time. Please contact Hillyer if you cupiers or their invitees from engaging in matter, a bill has just been introduced in have legal suggestions or to volunteer riparian uses using riparian lots owned the Michigan Senate for a state-wide ban; help with the committee. by others." The regulation defines the however, stalled for now. The association riparian owner as one functional family has informed Senator Van Woerkom All about the lake unit. The board acknowledged that By­ that it is against this bill because it still LAKE M ARGRETHE PROPERTY OWNERS ram Lake is one of the last lakes in the allowed for the use of lawn fertilizer with ASSOCIATION area NOT to be infested with zebra mus­ phosphorous if only so much was used Grayling, Mich igan sels and attributed this accomplishment per square area of lawn. This would not Joe Porter, President to boats not being transported on and be practical. However, the association Lake Margrethe was named Portage off the lake. would like a state-wide ban patterned af­ Lake until it was renamed in honor of ter Muskegon County that would be ef­ Margrethe Hanson, the wife of Rasmus Beach project fective at the retail sale of fertilizer. Hanson, who deeded the property south DODGE LAKE PROPERTY OWNERS Assoc. of the la ke to the State of Michigan, al­ Harrison, Michigan No power loading lowing the formation of Camp Grayling. Dorothy Saucier, President BARRON LAKE ASSOCIATION Lake Margrethe's birthday is Septem­ President Dorothy Saucier has been Niles, Michigan ber 13, 1917. Lake Margrethe has about working to get help restoring the beach Emery Hirschler, President 2,000 acres of surface water and about 10 area as the erosion there has reached the Boaters should winch their craft onto miles of shoreline. Secchi Disk transpar­ point of being a safety problem. It's been boat trailers instead of powering their ency ranges from 10 feet to 29 feet with a suggested that the Eagle Scouts might boat onto the trailer. Boat ramps through­ median of 12 feet. work on a project like this. out the state of Michigan are being badly damaged by boaters who power their Boating regulation violations Managing your shoreline boats onto the boat trailer. The strong B IG BROWER LAKE IMPROVEMENT Assoc. M&M ENVIRONMENTAL ASSOCIATION current created by the boat's propeller Rockford, Michigan Sand Lake, Michigan causes severe erosion and washout at the Gale Satterlee, President Colleen Bent, President end of the ramp. This condition, in turn, Board members are receivign an increas­ If properly managed, your shoreline can can also cause damage to boat trailers. ing number of complaints about lake res­ be an efficient natural buffer system be­ The Department of Natural Resources is idents in power boats failing to observe tween the lake and the surrounding land­ attempting to repair as many of the dam­ state boating regulations. The numerous scape. In fact, shorelines are the most aged ramps as possible, but the best solu­ boating accidents that have occurred important tool you have to protect your tion to the problem lies with the boater this summer on surrounding lakes and lake. Some specific steps you can take are who refrains from this practice. rivers should serve as a reminder that to: boats used improperly are very danger­ • Leave an unmowed buffer strip along Geese create too many ous instruments. If you are pulling a tu­ the lake 20-feet wide. challenges for lake ber or skier, you must have an observer. • Set your lawn mower to leave the grass The Michigan Riparian 18 November 2006 NEWS FROM LAKES AROUND THE STATE

two or three inches long. SILVER LAKE IMPROVEMENT ASSOCIATION and the League have made donations to • Plant steep banks with native vegeta­ Traverse City, Michigan help fund the cost of this project. tion that binds the soil and traps water. On June 28, 2006, the DNR captured • Terrace steep banks when possible to and banded 10 adult geese and 16 gos­ Hvdro-Lab purchased bv WLTC further slow water and sediments. lings on Silver Lake. This is part of a WALLOON LAKE ASSOCIATION • Don't tamper with existing wetlands. statewide tracking program. By the time Petoskey, Michigan they reached Silver Lake, they had already Gene Thompson, President Personal watercraft issues banded 210 geese from Fremont, Oceana This year, it was necessary to replace the PORTAGE BASE & WHITEWOOD OWNERS Ass. County, Cadillac and Logan's Landing, Walloon Lake Association Water Quality Dexter, Michigan exceeding their goal of 200. They indi­ Committee's HydroLab, which has been David Spielman, President cated this is a good time to band because utilized in excess of 15 yea rs. A HydroLab Washtenaw County Sheriff Deputy John the young cannot fly yet, and the adults is a multiprobe instrument used onsite Conlin addressed the laws on personal will not abandon them. to measure a variety of parameters. Our watercraft (PWCs). One of the reoccur­ HydroLab measures depth, temperature, ring questions is about the date of birth Clearwater Arch dissolved oxygen, conductivity, pH and requirements that state if you were born LAKES PRESERVATION LEAGUE turbidity. These measurements are taken after December 31, 1978, you have to Manitou Beach, Michigan biweekly in the summer season at the have a Boating Safety Certificate to oper­ Arlen Miller, President deepest points in all four basins and at a ate a PWc. No provision is made for the The project to restore the arch to its variety of depths. The historical data that fact that you might be 27 years old. It is original 1930s structure and appearance has been collected over the years helps to good advice for anyone driving a PWC to is underway and will last until the end of spot any changes in the lake and predict attend a boating safety class. September. Melinda LoPresto, Frontier any trends. This latest version of the Hy­ Rustic Sculpting, is known for her work droLab is a sleek machine, is less than DNR geesebanding operation in concrete sculpting. Private individuals half the weight of the previous model,

Another riparian victory in the Michigan Court of Appeals The decision by the Michigan Court ofAppeals in Chauvette v Owczarek (unpublished decision decided October 26, Simple! Built to last with Stainless 2006; case No. 262473) is another setback for backlot prop­ Steel (Resharpenable blades) erty owners and a victory for riparians. In Chauvette, a plat Free Blade Sharpener created a private road which ended at Mullet Lake. The plat $10.99 Retail Value! dedicated the private road only to lot owners within the sub­ division. The trial court held that backlot property owners ~ WATER WEED RAKE were not riparians and could not utilize the private road end Just throw it out from Dock or Shore. at the lake for shorestations, boat cradles, permanent boat Attachable Float makes rake More mooring, sunbathing, lounging, or similar activities. The effective for removing cut weeds or algae from lakes & ponds. Removes private road could be utilized for travel purposes only. The .... bottom debris with Adjustable Exten­ trial court did allow one non-exclusive dock that could be Removes f1oa1ing I-'A.'...... __~ weeds and debris sion reaching up to 10' (Included) . used by any property owner within the plat, but it could not from 1he fake Made of LIGHT WEIGHT 3-1/2 lb. 36 be used for permanent boat mooring or anchoring. (This is bottom. in. 5-1/2 ft. Magnesium Aluminum. a different result than for private access easements. For access ease­ REMOVES FLOATING WEEDS with ATTACHABLE FLOAT ments, no dock is normalLy allowed, in addition to the prohibited WATER WEED BUY BOTH WATER WEED other uses. However, the courts have apparently drawn a distinction CUTTER SAVE $40.00 RAKE between road ends, whether private or public, whereby one nonex­ NOW NOW clusive dock is allo~ved, and private access easements where no dock­ Order Now $129.95 $119.95 age is normally allowed.) On appeal, the Michigan Court of Plus Shipping & Handling Plus Shipping & Handling Plus Shipping & Handling Appeals upheld the decision of the trial court. The Court of 30 DAY MONEY BACK GUARANTEE Appeals agreed that the private road end could not be used DEALER INQUIRIES WELCOME J for permanent boat mooring, shorestations, multiple docks, TOLL FREE 1-800-299-4198, EXT. 19 sunbathing, lounging, and similar activities. The courts also VISA & MASTERCARD accepted' 8 am - 4:30 pm EST Ans. Service rejected the backlotters' arguments that they should be al­ FREE INFO: Outdoor Enterprises MI residents add 6% sales tax. lowed to continue their prohibited uses due to prescriptive easement or acquiescence theories. The Michigan Riparian 19 November 2006 NEWS FROM LAKES AROUND THE STATE and employs some of the latest technol­ is not necessarily an indicator of pollu­ noticeable perfume smell, and is usually ogy, at a total cost of $8,100. tion. Small trout streams, for example, whiter in color. often have naturally occurring pools of Weed report foam where fish will hide. The foaming Severe windstorms HOUGHTON LAKE LAKE ASSOCIATION of surface waters on lakes is not a new PENTWATER LAKE ASSOCIATION Houghton Lake, Michigan phenomenon. It is a natural process. Pentwater, Michigan Keith A. Stiles, Sr., President Foam is created when the surface tension Jerry Saylor, President The H.L.l.B. is in its fifth and final of water (attraction of surface molecules Newsletter Editor, Charlotte Lindstrom ­ year of the weed control program. For for each other) is reduced and the air is The afternoon of July 17, I was sitting Houghton Lake, the targeted species was mixed in, forming bubbles. Man-made in our house looking out over Pentwater Eurasian watermilfoil that populated ap­ agents such as soaps and detergents can Lake watching storm clouds come rolling proximately 10,000 acres. At this time also reduce surface tension. All lakes in and the sky darken. Soon, high winds aune 2006), some Eurasian milfoil has contain organic matter, such as algae and were rocking the tree trunks and blow­ returned and will be spot-treated with plants, and when these decompose they ing off branches, then the power went herbicides. release cellular products (surfactant) into off. The storm did not last long; only a the water, which lessens the surface ten­ few minutes later it was light and calm Lake foam ... again sion. When the wind blows, the waves again. Our power stayed off until early THREE LAKES ASSOCIATION on the lak~ agitate this surface agent, the next afternoon and the damage on Bellaire, Michigan thus transforming it into sudsy white our property was light; we were the lucky Bob Bagley, President foam. Currents and boats also mix air ones. Along the lake and in the village, Lakeshore property owners sometimes with the organic compounds present in large trees were uprooted; homes, cars become concerned about lake foaming. the lake to produce foam. Natural foam and campers were damaged; streets were However, most foam observed in lakes has a somewhat earthy, fishy aroma and blocked; power lines were down; and and streams is a product of nature; foam may have an off-white, tan or brown col­ many (reportedly 1,642 customers) were or. Detergent foam in contrast will have a without power for several days.

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The Michigan Riparian 20 November 2006 ... continued from page 15 tract of humans, occur quite rarely in fe­ mer, to be compared with the illness rates ces and the environment. over a summer. When E. coli was measured ever, can grow in pulp mill and textile mill at four beaches over three summers the wastes, as well as in other industrial wastes. The E. coli that we measure to determine water quality gradient was between a low Since Klebsietla frequently indicated the the quality of recreational waters is not of 19 E. coli per 100 mL to a high of 236 E. presence of feces when, in fact, fecal mate­ pathogenic and does not cause disease in coli per 100 mL. The results of the epide­ rial was not present, its role and the role of swimmers. The E. coli that are counted in miological studies showed that the swim­ fecal coli forms as an indicator of fecal con­ water samples tell us only about the level ming-associated illness rate increased from tamination was severely compromised. of fecal material in the water and the po­ about 1 per 1,000 to 15 per 1,000 as the tential presence of pathogens that may numbers of E. coli in the water increased. In the mid-1970s, a membrane filter cause disease. This relationship served two very impor­ procedure for E. coli was developed for tant purposes. First, it validated once measuring the quality of surface waters E. COLl AND SWIMMING-AssOCIATED RISKS more the well-established fecal-oral route and, shortly thereafter, a multiple tube The mere detection of E. coli in recre­ of exposure for gastrointestinal illness. fermentation test was introduced. These ational waters is not a useful measure Second, it provided information for beach methods, because they measure only the with which to draw conclusions about the managers through which they could set presence of E. coli, are more specific for quality of water and make decisions with meaningful risk levels for bathing waters measuring feces from warm-blooded ani­ regard to the risk posed to swimmers. and also a means to monitor the waters mals in recreational waters. Although E. The approach used to determine if E. coli to assure that acceptable risk levels were coli is generally accepted as an indicator of would be a useful measure of recreational not exceeded. The guideline for E. coli the presence of fecal contamination, it is water quality that could be related to ill­ recommended by the U.S. Environmen­ not universally used in the United States ness risk was to conduct a series of epide­ tal Protection Agency suggests that a log for measuring the quality of recreational miological studies at freshwater beaches. mean for E. coli calculated from five water waters. Many states and local jurisdictions The intent of these studies was to measure samples taken over a 30-day period should the water quality while individuals not exceed 126 E. coli per 100 mL. were in the water, and then to fol­ low volunteers for nine to 10 days This level of E. coli in the water will limit to see if they became ill because of the number of gastrointestinal illnesses to their exposure to the water. Since it 19 or less per 1,000 swimmers. Some au­ was important to determine if any thorities choose to sample their recreation­ illnesses were associated with swim­ al waters more frequently, sometimes even ming, it was necessary to also follow daily. The recommended upper limit for E. up volunteers who were at the beach coli in a single sample is 235 per 100 mL. but had not entered the water. The The higher limit for single samples does swimming associated illness rate not imply a less stringent limit or an allow­ could then be calculated by subtract­ ance of more illnesses. It does recognize ing the illness rate in non-swimmers that there is more uncertainty involved from the illness rate in swimmers. with taking a single sample and the higher This approach required large num­ number allows for this uncertainty. in the U.S. still prefer to use fecal coli­ bers of swimmers because the illness rates forms and one or two use total coliforms in swimmers and nonswimmers was very E. coli and the methods for measuring this to measure water quality in spite of the low, usually less than 4% to 5%. Another organism have progressed over the last 100 lack of specificity of coliforms and fecal important element of the studies was that years from a crude indication of the pres­ coliforms for fecal wastes. it was not known what pathogen might ence of feces to an analytical tool which affect the swimmers and, therefore, all is instrumental in helping to protect the E. COLl USED TO MEASURE WATER study participants were asked in a follow­ health of swimmers and other recreation­ QUALlTY IS NOT A PATHOGEN up telephone call to report if they had any ists who use natural waters to fill some of Many people believe that the E. coli that symptoms of gastrointestinal respiratory, their leisure time activities. It has served we use to measure water quality can eye, or skin infections. us well and it is likely to continue doing cause illness in humans. This miscon­ so until that ideal indicator of water qual­ ception has probably occurred because In this way, a specific set of symptoms ity is discovered. of the great publicity given to outbreaks could be associated with swimmers and of disease associated with food and espe­ then related to the quality of the swim­ Dr. Dufour is a Senior Research Microbiologist with the cially uncooked hamburger meat, that are ming water. Another key factor in the U.S. EPA National Exposure Research Laboratory in Cincinnati. He has been with EPA for 25 years and has caused by E. coli. There are only a few of studies was that they should be conducted over 40 years experience in microbiology with, among oth· these types of E. coli pathogens that cause at beaches where the quality of the water ers, Yale Universiry and the Medical College of Pennsy~ outbreaks of enteric disease. These patho­ was not the same from summer to sum­ vania. He has published numerous papers, book chapters, genic E. coli, unlike the regular E. coli that mer. This would allow a gradient of beach and books, including this article which appeared in the are always found in the gastrointestinal water qualities, each averaged over a sum­ Summer 2003 Lakeline publication.

The Michigan Riparian 21 November 2006 S ,,\5 I ENVIRONMENTAL TECHNOLOGIES, INC,

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