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Board hears multi-county plan to update 1970s lake-level orders for Elk River Chain of Lakes
Summary
Antrim Countyofficials asked Grand Traverse County to join a multijurisdictional effort to update a 1970s court order under Michigan's Part 307 (Inland Lake Level Act) for the Elk Rapids spillway; the board directed legal counsel to study options for revising orders, updating special-assessment districts and the delegated-authority process.
Leslie Myers, Antrim County's drain commissioner and operator of dams, and attorney Stacy Hisung briefed the Grand Traverse County Board on the Elk River Chain of Lakes and the need to update a lake-level court order created in the 1970s.
Myers described recent extreme weather that raised water levels and the county's responsibility after inheriting the Bel Air and Elk Rapids structures. She told the board Antrim had authority to spend up to $125,000 initially on engineers and attorneys and had already secured a $500,000 grant for a Bel Air engineering study. “I am about ready to go and ask for more because engineering studies and attorneys aren't very cheap,” Myers said.
Attorney Stacy Hisung summarized the statutory process under what she called “part 307” (the Inland Lake Level Act) and explained that three county boards (Antrim, Kalkaska and Grand Traverse) must take coordinated steps to update the order and confirm a special assessment district. She told commissioners the process can require circuit‑court proceedings and recommended cleaning up measurement datum, seasonal levels, variation language and the composition of the special‑assessment district before any construction project is proposed.
Why it matters: The Elk Rapids spillway controls levels on Elk Lake, Skigamag and downstream lakes that affect thousands of shoreline owners and public resources. Hisung explained that the existing special-assessment district was created irregularly in the 1970s and can be revised so assessments are levied only on properties that directly benefit (riparian owners and certain public facilities), which may include DNR land in some cases.
Board action: Commissioners asked for clarity on what an eventual project might look like, who would pay and whether decommissioning the hydroelectric function would change grant eligibility. The board moved to direct civil counsel to investigate legal options and return recommendations; that motion was supported and approved.
What happens next: Staff and legal counsel will work with the Antrim County delegated authority and engineers to draft revised orders, delineate special-assessment districts, and design public engagement and court steps necessary to confirm any assessment methodology or construction plan.
