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Echo Lake boating proposal makes waves

by Caleb M. Soptelean Bigfork Eagle
| February 27, 2013 6:03 AM

The future of boating on Echo, Abbot, and Peterson lakes drew a standing-room-only crowd for a contentious meeting that addressed concerns regarding a proposed no-wake zone enforcement last week.

A 200-foot no-wake rule has been in effect for the Echo Lake shoreline since 2000, but many in the audience called for stricter enforcement of the rule while others opposed it.

At the Feb. 19 meeting, many agreed that stricter enforcement of the 200-foot no-wake zone is needed, but most didn’t want new restrictions.

The crowd responded to three petitions that were submitted by four Echo Lake residents concerned about erosion on their lakefront property.

If enacted, the petitions would limit all watercraft on the three adjacent lakes to a no-wake speed during flood stage, set Causeway Bay in Echo Lake as a no-wake zone for watercraft year-round, and prohibit wake-enhancing equipment from being used on Echo Lake. Examples of wake enhancements could include adding ballasts and a disproportionate number of people to a boat to create more whitewater.

The majority of those who spoke during public comment were against the proposed regulations, but Region 1 Supervisor Jim Satterfield of the Montana Department of Fish, Wildlife and Parks, said that it wasn’t a popularity contest. If 20 people said essentially the same thing about an issue, it would only count as one issue, for example.

The department will be making a recommendation to the five-person FWP Commission, and the commission will ultimately decide whether to impose new regulations on the lakes, said Lee Anderson, a warden captain with FWP. A decision from the commission will likely come sometime in April or May, Satterfield said, but Gov. Steve Bullock will need to make at least three appointments to the commission before then.

“You should not assume any support or opposition to (these proposals) by Fish, Wildlife, and Parks,” Anderson said.

After the meeting, Anderson said FWP has one officer — Bigfork District Game Warden Chuck Bartos — patrolling Echo Lake three to four days a week during the summer months. Bartos also is responsible for patrolling the Swan and Flathead rivers, and Swan, Holland and Lindbergh lakes.

“We’ll supplement patrols if we can,” Anderson said. “We enforce it a lot. We’re spread thin,” he said, noting there are 10 game wardens for all of Region 1, which covers northwest Montana. “Seasonal water safety officers could potentially be used” for added patrols, he said.

The 30-day comment period for the proposed rules ended Friday.

Opposition

Jeremy Swenson of Helena said he leases property on Echo Lake. If the proposed rules are adopted, “Are you ready to reimburse me for the value of my property?” he asked. The rules could affect the lease of the state land around the lake, he said, which would negatively impact state universities that are partially funded by leased state land.

Tom Payne, who has lived on the lake for 38 years, opposes all three proposals. He suggested putting large rock along the lake to take care of the erosion problem. “Property values have gone down already and will keep going down as long as things like this keep happening,” he said.

A number of homeowners complained that their names had been listed on the petitions as “interested persons” when they didn’t support the petitions.

Petitioner Karen Kolar apologized for offending her “Canadian neighbors,” but noted that she was told to put on the petition the names of those who possibly opposed and supported the proposals.

Two attorneys who represent two lakefront property owners objected to Fish, Wildlife and Parks’ process.

“No technical data exists” in regard to erosion rates, said Noah Bodman, a Kalispell attorney.

John Merrill said he has had erosion near his lakeshore home, but he opposes the proposals. “It’s like trying to shut down a golf course to golfing. It makes no sense,” he said.

“I feel like a lot of this is coming down because of our family,” said Casey Leavitt, noting her family abides by the 200-foot no-wake rule. “These three proposals are outlandish,” she said.

“There’s no proof this erosion is actually caused by boats,” said Ray Christians, a resident of Cut Bank who owns a home on Echo Loop Road. The homes of two of the petitioners are built too close to the lake, he said.

Bob Keith, who is not a property owner on Echo Lake but has used it over the years, said he’s tired of people taking his freedom away. “That’s not why I live in Montana,” he said.

In Favor

Cameron MacLennan, who owns property on Spill Lake Road, said he doesn’t object to a flood stage rule, but believes the proposed rule — which would delineate a flood stage any time the water level reaches within five feet of a survey pin located on the deck of Causeway Bridge — as arbitrarily low.

Former state Rep. Bill Jones, who lives on Echo Lake, said the lake lost two horizontal feet of shoreline, or eight cubic yards, last year. He expressed concern about children who play on the numerous floating docks in the lake getting crushed. “This lake is getting destroyed by this use” of watercraft, he said.

Tara Hoveland said she didn’t have an opinion on a no-wake zone in Causeway Bay, but supports the other two proposals. “We live six miles from the biggest (freshwater) lake west of the Mississippi River. You can go there and wakeboard,” she said.

“Since 1962, the lake has come up 12 feet on average,” said Larry Creekmore, who lives on Echo Chalet Drive. “This is going to keep coming up.”

Proposed Solutions

Canadian Devin Kutsch proposed putting rip-rap along the Causeway Bridge.

Casey Christianson asked why Causeway Bridge couldn’t be constructed with the right kind of rock.

“Our effort should be to find ways to mitigate the rising water rather than be punitive,” said William Tanner. “We live on Echo Lake knowing the consequences of living on Echo Lake. My yard has been flooded the past two years.”

Dallen Leavitt said the water level in the lake keeps rising. “How do we get this lake down to a level we can manage?” she asked. “I saw boats buzzing right past their shoreline,” referring to some of the petitioners’ homes.

Cathy MacLennan said her house has been on the lake for 40 to 60 years with no damage done. “We have no problem putting in a retaining wall,” she said. She called for letting Causeway Bay homeowners decide if they want a no-wake zone.

“If you would do your jobs and enforce the 200-foot (no-wake) rule, these folks wouldn’t be an issue,” Randy Leavitt said.

Lynn Folsom suggested individual property owners buy more buoys for help in implementing the 200-foot no-wake rule.

Ed Baldi, who lives on Echo Lake, said he’s repaired his shoreline several times and never complained about it. “It’s just one of those things you do when you live on the lake. Be responsible,” he said. “We don’t need any more rules. We just need to govern ourselves.”

Other Comments

Joel Kalera owns property on Deer Island. There have been a total of 52 inches of erosion near his property, including 38 which came last year, he said. Kalera called for enforcement of the 200-foot no-wake rule, and opposed the first two proposals.

Kelly Wood said that boat waves are hitting the shoreline, but waves from storms cause a lot more erosion than boats.

Scott Bruner, who owns property on Echo Lake, said the four petitioners have caused a lot of chaos.

Troy Bond said he’s spent $70,000 in preparation for building a house on Echo Lake, but he’s not going to build this year because of the uncertainty regarding the imposition of the rules.

“Millions of dollars have been funneled through me, and I wouldn’t be standing here without it,” said local Realtor Alan Habel, who just finished building a house on Echo Lake. He said that billions of dollars have been contributed to the local economy by Canadians.